Bill · H.R. 3223· House(119-HR-3223)
To amend the Internal Revenue Code of 1986 to establish procedures relating to the attribution of errors in the case of third party payors of payroll taxes, and for other purposes.
- Introduced
- 5/6/2025
- Last activity
- 5/6/2025 — Referred to the House Committee on Ways and Means.
- Sponsored by
- Mike Thompson
- Cosponsors
- - 10 - 15
- Introduced
- In Committee
What this bill would do
This bill proposes amendments to the Internal Revenue Code of 1986 regarding payroll taxes. It specifically establishes procedures for how errors are attributed when a third party payor relies on a certification from an employer. The bill defines the liability of both the employer and the third party payor depending on whether the payor had constructive knowledge of an error. It also places limitations on the Secretary regarding the processing of payroll tax credits and audits. Additionally, it establishes rules for record retention and defines what constitutes constructive knowledge.
Yes· 3 of 5
Would business owners be better off under this?+5
The bill protects businesses from being penalized or audited due to mistakes made by their third-party payors.
Does this make it easier to run a small business?+4
By prohibiting the Secretary from delaying tax credits due to third-party errors, the bill provides administrative certainty for employers.
Does this make the government pay for what it commits to?+2
The bill establishes clearer liability and record-keeping standards for the administration of payroll taxes.
The opposite
No question was scored the opposite.
Who it would affect, and how
Potential Positive Impacts for People
-
Protection for Employers and Tax Credits: Under Section 1(a), subsection (d), the Secretary is prohibited from delaying the processing of a payroll tax credit or initiating an audit of an employer solely because a third party payor filed an erroneous return based on a certification from another employer. This could prevent businesses from being unfairly targeted or delayed due to the errors of others.
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Clear Liability Rules for Third Party Payors: Section 1(a), subsection (b) provides a framework for liability. If a third party payor does not have constructive knowledge of an error in a certification, the employer retains sole responsibility for the liability. This protects the third party payor from being held responsible for mistakes they could not have reasonably known about.
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Safe Harbor for Payroll Tax Credits: Section 1(a), subsection (f) provides specific conditions under which a third party payor is deemed not to have constructive knowledge of an error. This applies if the payor accurately reports the credit according to the employer's certification and verifies the aggregate wages paid, providing a clear path for payors to avoid liability when following these steps.
Potential Negative Impacts for People
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Potential Liability for Third Party Payors with Knowledge of Errors: According to Section 1(a), subsection (b)(1)(B), if a third party payor has constructive knowledge of an error in a certification, they can be held responsible for the portion of the liability related to that specific error.
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Record Retention Burdens: Section 1(a), subsection (e) allows the Secretary to require a third party payor to provide any information they possess regarding an employer that the Secretary could otherwise require from the employer. This could create additional administrative requirements for these entities.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Hover a score for the reason it gave.
- Demographic And Interest Groups
- Good For Business Owners+5Good For Union Workers+1
- Economy And Finance
- Improves Small Business Support+4Improves Fiscal Responsibility+2
- Governance And Ideology
- Improves Government Transparency+2
- 9/2/2026
- 3 Cosponsors added.
- 7/9/2026
- 1 Cosponsor added.
- 6/11/2026
- 1 Cosponsor added.
- 5/7/2026
- 1 Cosponsor added.
- 3/27/2026
- 1 Cosponsor added.
- 12/18/2025
- 2 Cosponsors added.
- 11/19/2025
- 1 Cosponsor added.
- 11/17/2025
- 1 Cosponsor added.
- 10/31/2025
- 1 Cosponsor added.
- 10/3/2025
- 5 Cosponsors added.
- 9/10/2025
- 2 Cosponsors added.
- 9/8/2025
- 2 Cosponsors added.
- 6/26/2025
- 1 Cosponsor added.
- 6/5/2025
- 1 Cosponsor added.
- 6/4/2025
- 1 Cosponsor added.
- 5/6/2025
- Referred to the House Committee on Ways and Means.
- 1 Cosponsor added.
- Introduced in House
Vern BuchananRepublican · Florida
Brendan BoyleDemocrat · Pennsylvania
Aaron BeanRepublican · Florida
Mike CareyRepublican · Ohio
Danny DavisDemocrat · Illinois
Suzan DelBeneDemocrat · Washington
Ron EstesRepublican · Kansas
Marie PerezDemocrat · Washington
Steven HorsfordDemocrat · Nevada
Kevin HernRepublican · Oklahoma
Erin HouchinRepublican · Indiana
Mike KellyRepublican · Pennsylvania
Blake MooreRepublican · Utah
Max MillerRepublican · Ohio
Nathaniel MoranRepublican · Texas
Zachary NunnRepublican · Iowa
Jimmy PanettaDemocrat · California
Linda SánchezDemocrat · California
Terri SewellDemocrat · Alabama
Bradley SchneiderDemocrat · Illinois
Thomas SuozziDemocrat · New York
W. SteubeRepublican · Florida
Claudia TenneyRepublican · New York
Beth Van DuyneRepublican · Texas
Rudy YakymRepublican · Indiana