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DC Tax Flash: Massive Economic Rescue Bill Unveiled

Tax Alert

Senate GOP leaders today released the legislative text of a bill to provide unprecedented economic support for businesses and workers idled by the coronavirus outbreak.

"The legislation I've just laid out will not be the last word," Senate Majority Leader Mitch McConnell (R-KY) said today. "We'll need to turn right away to a bipartisan appropriations process. This is not Congress's last chance to legislate."

The bill, which is entitled the ''Coronavirus Aid, Relief, and Economic Security Act'' (CARES Act), includes many tax provisions directed at businesses, including the following:

  • Delay of estimated tax payments for corporations;
  • Delay of payment of employer payroll taxes;
  • Modifications for net operating losses;
  • Modification of limitation on losses for taxpayers other than corporations;
  • Modification of credit for prior year minimum tax liability of corporations;
  • Modification of limitation on business interest;
  • Technical amendments regarding qualified improvement property;
  • Installments not to prevent credit or refund of overpayments or increase estimated taxes; and
  • Restoration of limitation on downward attribution of stock owner ship in applying constructive ownership rules.

Although the bill is expected to advance quickly, major changes are likely as stakeholders review and react to the bill. Because the bill includes tax policy changes, the House is constitutionally mandated to act first. However, the Senate has at times used a parliamentary maneuver to act first on a tax bill without technically violating Article I, Section 7, Clause 1 of the Constitution.

The text of the 247-page draft bill is posted here.

The following lists the bill's major provisions, as excerpted from the table of contents:

  • DIVISION A—SMALL BUSINESS INTERRUPTION LOANS
    • Sec. 1101. Definitions.
    • Sec. 1102. 7(a) loan program.
    • Sec. 1103. Entrepreneurial development.
    • Sec. 1104. Waiver of matching funds requirement under the women's business center program.
    • Sec. 1105. Loan forgiveness.
    • Sec. 1106. Direct appropriations.
    • Sec. 1107. Minority business development agency.
    • Sec. 1108. Waiver of prepayment penalty.
    • Sec. 1109. United States Treasury Program Management Authority.
  • DIVISION B—RELIEF FOR INDIVIDUALS, FAMILIES, AND BUSINESSES
    • TITLE I—REBATES AND OTHER INDIVIDUAL PROVISIONS
      • Sec. 2101. 2020 recovery rebates for individuals.
      • Sec. 2102. Delay of certain deadlines.
      • Sec. 2103. Special rules for use of retirement funds.
      • Sec. 2104. Allowance of partial above the line deduction for charitable contributions.
      • Sec. 2105. Modification of limitations on charitable contributions during 2020.
    • TITLE II—BUSINESS PROVISIONS
      • Sec. 2201. Delay of estimated tax payments for corporations.
      • Sec. 2202. Delay of payment of employer payroll taxes.
      • Sec. 2203. Modifications for net operating losses.
      • Sec. 2204. Modification of limitation on losses for taxpayers other than corporations.
      • Sec. 2205. Modification of credit for prior year minimum tax liability of corporations.
      • Sec. 2206. Modification of limitation on business interest.
      • Sec. 2207. Technical amendments regarding qualified improvement property. Sec. 2208. Installments not to prevent credit or refund of overpayments or increase estimated taxes.
      • Sec. 2209. Restoration of limitation on downward attribution of stock owner ship in applying constructive ownership rules.
  • DIVISION C—ASSISTANCE TO SEVERELY DISTRESSED SECTORS OF THE UNITED STATES ECONOMY
    • TITLE I—ECONOMIC STABILIZATION
      • Sec. 3101. Short title.
      • Sec. 3102. Emergency relief through loans and loan guarantees.
      • Sec. 3103. Limitation on certain employee compensation.
      • Sec. 3104. Continuation of certain air service.
      • Sec. 3105. Reports.
      • Sec. 3106. Coordination with Secretary of Transportation.
      • Sec. 3107. Definitions.
      • Sec. 3108. Rule of construction.
    • TITLE II—AVIATION EXCISE TAXES 
      • Sec. 3201. Suspension of certain aviation excise taxes.
  • DIVISION D—HEALTH CARE RESPONSE
    • TITLE I—HEALTH PROVISIONS
      • Subtitle A—Addressing Supply Shortages
        • PART I—MOVING THE STRATEGIC NATIONAL STOCKPILE TO ASPR
          • Sec. 4101. Moving the strategic national stockpile to ASPR.
        • PART II—MEDICAL PRODUCT SUPPLIES
          • Sec. 4111. National Academies report on America's medical product supply chain security.
          • Sec. 4112. Requiring the strategic national stockpile to include certain types of medical supplies.
          • Sec. 4113. Treatment of respiratory protective devices as covered counter- measures.
        • PART III—MITIGATING EMERGENCY DRUG SHORTAGES
          • Sec. 4121. Prioritize reviews of drug applications; incentives.
          • Sec. 4122. Additional manufacturer reporting requirements in response to drug shortages.
          • Sec. 4123. GAO report on intra-agency coordination.
          • Sec. 4124. Report.
          • Sec. 4125. Safe harbor provision.
        • PART IV—PREVENTING ESSENTIAL MEDICAL DEVICE SHORTAGES
          • Sec. 4131. Discontinuance or interruption in the production of medical devices. Sec. 4132. GAO report on intra-agency coordination.
        • PART V—EMERGENCY USE OF LABORATORY DEVELOPED TESTS
          • Sec. 4141. Emergency use of laboratory developed tests.
      • Subtitle B—Access to Health Care for COVID-19 Patients
        • PART I—COVERAGE OF TESTING AND PREVENTIVE SERVICES
          • Sec. 4201. Coverage of diagnostic testing for COVID-19.
          • Sec. 4202. Pricing of diagnostic testing.
          • Sec. 4203. Rapid coverage of preventive services and vaccines for coronavirus.
        • PART II—SUPPORT FOR HEALTH CARE PROVIDERS
          • Sec. 4211. Supplemental awards for health centers.
          • Sec. 4212. Allowing permanent direct hire of NDMS health care professionals. Sec. 4213. Telehealth network and telehealth resource centers grant programs. Sec. 4214. Rural health care services outreach, rural health network development, and small health care provider quality improvement grant programs.
          • Sec. 4215. United States Public Health Service Modernization.
          • Sec. 4216. Limitation on liability for volunteer health care professionals during covid-19 emergency response.
        • PART III—MISCELLANEOUS PROVISIONS
          • Sec. 4221. Confidentiality and disclosure of records relating to substance use disorder.
          • Sec. 4222. Nutrition services.
          • Sec. 4223. Guidance on protected health information.
          • Sec. 4224. Reauthorization of healthy start program.
      • Subtitle C—Innovation
        • Sec. 4301. Removing the cap on OTA.
        • Sec. 4302. Extending the priority review program for agents that present national security threats.
        • Sec. 4303. Priority zoonotic animal drugs.
      • Subtitle D—Finance Committee
        • Sec. 4401. Exemption for telehealth services.
        • Sec. 4402. Inclusion of certain over-the-counter medical products as qualified medical expenses.
        • Sec. 4403. Treatment of direct primary care service arrangements.
        • Sec. 4404. Increasing Medicare telehealth flexibilities during emergency period.
        • Sec. 4405. Enhancing Medicare telehealth services for Federally qualified health centers and rural health clinics during emergency period.
        • Sec. 4406. Temporary waiver of requirement for face-to-face visits between home dialysis patients and physicians.
        • Sec. 4407. Improving care planning for Medicare home health services.
        • Sec. 4408. Adjustment of sequestration.
        • Sec. 4409. Medicare hospital inpatient prospective payment system add-on payment for covid–19 patients during emergency period.
        • Sec. 4410. Revising payment rates for durable medical equipment under the Medicare program through duration of emergency period.
        • Sec. 4411. Providing home and community-based services in acute care hospitals.
        • Sec. 4412. Treatment of technology-enabled collaborative learning and capacity building models as medical assistance.
        • Sec. 4413. Encouraging the development and use of DISARM antimicrobial drugs.
        • Sec. 4414. Novel medical products.
    • TITLE II—EDUCATION PROVISIONS
      • Sec. 4501. Short title.
      • Sec. 4502. Definitions.
      • Sec. 4503. Campus-based aid waivers.
      • Sec. 4504. Use of supplemental educational opportunity grants for emergency aid.
      • Sec. 4505. Federal work-study during a qualifying emergency.
      • Sec. 4506. Adjustment of subsidized loan usage limits.
      • Sec. 4507. Exclusion from Federal Pell Grant duration limit.
      • Sec. 4508. Institutional refunds and Federal student loan flexibility.
      • Sec. 4509. Satisfactory progress.
      • Sec. 4510. Continuing education at affected foreign institutions.
      • Sec. 4511. National emergency educational waivers.
      • Sec. 4512. HBCU Capital financing.
      • Sec. 4513. Temporary relief for federal student loan borrowers.
      • Sec. 4514. Provisions related to the Corporation for National and Community Service.
      • Sec. 4515. Workforce response activities.
      • Sec. 4516. Technical amendments.
    • TITLE III—LABOR PROVISIONS
      • Sec. 4601. Limitation on paid leave.
      • Sec. 4602. Emergency Paid Sick Leave Act Limitation.
      • Sec. 4603. Regulatory Authorities under the Emergency Paid Sick Leave Act. Sec. 4604. Unemployment insurance.
      • Sec. 4605. OMB Waiver of Paid Family and Paid Sick Leave.
      • Sec. 4606. Paid leave for rehired employees.
      • Sec. 4607. Advance refunding of credits.
  • DIVISION E—TEMPORARY PERMIT USE TO GUARANTEE MONEY MARKET MUTUAL FUNDS
    • Sec. 5001. Non-applicability of restrictions on ESF during national emergency.
  • DIVISION F—BUDGETARY PROVISIONS
    • Sec. 6001. Emergency designation.

Miller & Chevalier has formed an interdisciplinary task force, comprised of attorneys in seven main practice areas, to help businesses navigate the complex legal issues created by this global event. More information is posted here.



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