[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4868 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 4868
To amend the Internal Revenue Code of 1986 to allow certain
agricultural employers a credit against income tax for a portion of
wages paid to nonimmigrant H-2A workers.
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IN THE HOUSE OF REPRESENTATIVES
March 2, 2006
Mr. Gordon introduced the following bill; which was referred to the
Committee on Ways and Means
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A BILL
To amend the Internal Revenue Code of 1986 to allow certain
agricultural employers a credit against income tax for a portion of
wages paid to nonimmigrant H-2A workers.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. CREDIT FOR EMPLOYMENT OF H-2A WORKERS.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45N. CREDIT FOR EMPLOYMENT OF H-2A WORKERS.
``(a) General Rule.--For purposes of section 38, the H-2A worker
credit for any taxable year shall be an amount equal to 10 percent of
the aggregate H-2A worker amounts with respect to H-2A workers employed
by the taxpayer during such taxable year.
``(b) H-2A Worker Amount.--For purposes of this section, the term
`H-2A worker amount' means, with respect to any employee of the
taxpayer--
``(1) the aggregate number of hours of agricultural labor
and services (within the meaning of section 101(a)(15)(H) of
the Immigration and Nationality Act) for which such employee
was compensated by the taxpayer during the taxable year,
multiplied by
``(2) the excess (if any) of--
``(A) the hourly wage rate required to comply with
the requirement of section 218(a)(1)(B) of the
Immigration and Nationality Act with respect to such
employee, over
``(B) the greater of--
``(i) the hourly Federal minimum wage rate
(applicable under section 6 of the Fair Labor
Standards Act of 1938), and
``(ii) the applicable hourly minimum wage
rate specified under State law for the State in
which the H-2A worker is employed.
``(c) H-2a Worker.--For purposes of this section, the term `H-2A
worker' has the meaning given such term in section 218(i)(2) of the
Immigration and Nationality Act.''.
(b) Denial of Double Benefit.--Subsection (a) of section 280C of
such Code is amended by inserting ``45N(a),'' after ``45A(a),''.
(c) Credit Treated as Business Credit.--Subsection (b) of section
38 of such Code is amended by striking ``and'' at the end of paragraph
(29), by striking the period at the end of paragraph (30) and inserting
``, and'', and by adding at the end the following:
``(31) the H-2A worker credit determined under section
45N(a).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following:
``Sec. 45N. Credit for employment of H-2A workers.''.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2005.
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