Page 217

139 STAT. 287 PUBLIC LAW 119–21—JULY 4, 2025 (5) SECRETARY.—For purposes of this subsection, the term ‘‘Secretary’’ means the Secretary of the Treasury or the Sec- retary’s delegate. (b) COVID–ERTC PROMOTER.—For purposes of this section— (1) IN GENERAL.—The term ‘‘COVID–ERTC promoter’’ means, with respect to any COVID–ERTC document, any per- son which provides aid, assistance, or advice with respect to such document if— (A) such person charges or receives a fee for such aid, assistance, or advice which is based on the amount of the refund or credit with respect to such document and, with respect to such person’s taxable year in which such person provided such assistance or the preceding tax- able year, the aggregate of the gross receipts of such person for aid, assistance, and advice with respect to all COVID- ERTC documents exceeds 20 percent of the gross receipts of such person for such taxable year, or (B) with respect to such person’s taxable year in which such person provided such assistance or the preceding tax- able year— (i) the aggregate of the gross receipts of such per- son for aid, assistance, and advice with respect to all COVID–ERTC documents exceeds 50 percent of the gross receipts of such person for such taxable year, or (ii) both— (I) such aggregate gross receipts exceed 20 percent of the gross receipts of such person for such taxable year, and (II) the aggregate of the gross receipts of such person for aid, assistance, and advice with respect to all COVID–ERTC documents (determined after application of paragraph (3)) exceeds $500,000. (2) EXCEPTION FOR CERTIFIED PROFESSIONAL EMPLOYER ORGANIZATIONS.—The term ‘‘COVID–ERTC promoter’’ shall not include a certified professional employer organization (as defined in section 7705 of the Internal Revenue Code of 1986). (3) AGGREGATION RULE.—For purposes of paragraph (1), all persons treated as a single employer under subsection (a) or (b) of section 52 of the Internal Revenue Code of 1986, or subsection (m) or (o) of section 414 of such Code, shall be treated as 1 person. (4) SHORT TAXABLE YEARS.—In the case of any taxable year of less than 12 months, a person shall be treated as a COVID-ERTC promoter if such person is described in para- graph (1) either with respect to such taxable year or by treating any reference to such taxable year as a reference to the calendar year in which such taxable year begins. (c) COVID–ERTC DOCUMENT.—For purposes of this section, the term ‘‘COVID–ERTC document’’ means any return, affidavit, claim, or other document related to any credit or advance payment of a credit under section 3134 of the Internal Revenue Code of 1986, including any document related to eligibility for, or the cal- culation or determination of any amount directly related to, any such credit or advance payment. (d) LIMITATION ON CREDITS AND REFUNDS.—Notwithstanding section 6511 of the Internal Revenue Code of 1986, no credit under Deadline. Definition. Definition. Definition.