HR 8837
RISE Act
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Bill overview
The RISE Act aims to encourage small businesses to establish retirement plans by providing a tax credit for microemployers and allowing the assignment of startup credit to service providers. Specifically, it increases the microemployer pension plan startup credit and creates a new credit for eligible entities that provide services related to startup employer plans. This legislation is designed to improve retirement security for small business owners and their employees.
Key provisions
- Increases the microemployer pension plan startup credit from 50% to 100% and increases the maximum credit amount from $500 to $2,500.
- Establishes a new tax credit for eligible service providers who assist employers in establishing retirement plans.
- Defines ‘credit year’ as the taxable year of the service provider that includes the plan’s effective date and the two following years.
- Requires eligible service providers to reduce fees by at least the amount of the credit.
- Requires employers to certify employee eligibility and non-establishment of prior qualified plans.
- Creates a certification process for employers to verify information related to employee eligibility and plan history.
- Prohibits double-claiming of credits by employers and service providers.
- Addresses recapture of credits if the amount received by a service provider exceeds the allowable credit.
Who is affected
- Small businesses (microemployers)
- Small business owners
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119th CONGRESS — 2d Session
H. R. 8837
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Internal Revenue Code of 1986 to provide for a microemployer pension plan startup credit, to permit the assignment of small business pension plan startup credits, and for other purposes.
This Act may be cited as the Retirement Investment in Small Employers Act RISE Act
or
.
In the case of a qualified microemployer—
100 percentfor
50 percent, and
$2,500for
$500in subparagraph (A) thereof.
10for
100, but only if the eligible employer plan established or maintained by such employer, under the terms of the plan, accepts payment of the matching contribution under section 6433.
The amendment made by this section shall apply to taxable years beginning after December 31, 2026.
credit yearmeans, with respect to a plan, the taxable year of the eligible entity which includes the date that the eligible employer plan becomes effective with respect to the eligible employer and the two taxable years immediately following such taxable year.
eligible entitymeans, with respect to the plan for which the credit is allowed under subsection (a), an entity that—
with respect to the plan, provides services that generate qualified startup costs;
reduces the amount of fees that would otherwise be charged to the eligible employer for such services by an amount not less than the credit determined under paragraph (2) for the taxable year; and
obtains the certification described in paragraph (4) prior to claiming the credit.
is made by the eligible employer not later than the date on which the services generating the qualified startup costs for the plan for which the credit is allowed under subsection (a) are provided; and
includes—
the number of employees of the eligible employer who are not highly compensated employees (as defined in section 414(q)) and who are eligible to participate in the eligible employer plan maintained by the eligible employer as of the date such plan is established;
that neither the employer nor any predecessor established or maintained a qualified employer plan with respect to which contributions were made, or benefits were accrued, for substantially the same employees as are in the qualified employer plan during the 3-taxable year period immediately preceding the 1st taxable year for which the credit under this section is otherwise allowable for the qualified employer plan;
that the employer will not claim a tax credit for qualified start up costs with respect to the plan for any taxable year;
that the employer has not provided a certification to any other service provider for purposes of claiming tax credits with respect to the plan; and
such other information as the Secretary may require in published regulations.
shall not be includible in the gross income of the employer, and
with respect to the eligible entity, shall not be deductible under this title.
The amendment made by this section shall apply to taxable years beginning after December 31, 2026.