January 20, 2025
Mr. Bacon introduced the following bill; which was referred to the Committee on Ways and Means
To amend the Internal Revenue Code of 1986 to exclude compensation from secondary employment for certain taxpayers from the income tax and payroll taxes.
Section 1. Short title
This Act may be cited as the Second Job Tax Relief Act of 2025
.
Sec. 2. Exclusion of compensation for certain secondary employment from income and payroll tax
(a) In general
Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section:
139J. Earned income from additional employment
(a) In general
In the case of a qualifying taxpayer, gross income shall not include secondary employment compensation.
(b) Phase-Out
The amount of compensation excluded from gross income under subsection (a) (determined without regard to this subsection) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so excludable as—
(1)
the excess (if any) of—
(A)
the taxpayer’s modified adjusted gross income (as defined in section 36(b)(2)(B)) for such taxable year, over
(B)
$100,000 ($150,000 in the case of a married couple filing jointly), bears to
(2)
$50,000.
(c) Secondary employment compensation
(1) In general
For purposes of this section, the term
secondary employment compensationmeans compensation received for employment during a taxable year with respect to which an individual has made an election under paragraph (2) for an employer other than the primary employer of such individual.(2) Primary employer
(A) Election
A taxpayer may elect to designate, with respect to a taxable year, a primary employer if such individual was compensated on an hourly basis for not less than 2080 hours of work by such employer.
(B) Definition
For purposes of this section, the term
primary employermeans, with respect to a taxable year, an employer designated by the taxpayer under subparagraph (A).(d) Sunset
Subsection (a) shall not apply to compensation earned in taxable years beginning after the date is that is 5 years after the date of the enactment of this section.
(b) Application to employment taxes
(1) Social security taxes
(A) In general
Section 3121(a) of such Code is amended by striking or
at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or
, and by inserting after paragraph (23) the following new paragraph:
(24)
any amount of compensation which is excludable from gross income under section 139J.
(B) Trust funds held harmless
There are hereby appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund amounts equivalent to the reduction in revenues to each such Trust Fund, respectively, by reason of the amendment made by subparagraph (A) (determined without regard to this subparagraph). Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this section not been enacted.
(2) Unemployment Taxes
Section 3306(b) of such Code is amended by striking or
at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting ; or
, and by inserting after paragraph (20) the following new paragraph:
(21)
any amount of compensation which is excludable from gross income under section 139J.
(3) Wage withholding
Section 3401(a) of such Code is amended by striking or
at the end of paragraph (22), by striking the period at the end of paragraph (23) and inserting ; or
, and by inserting after paragraph (23) the following new paragraph:
(24)
any amount of compensation which is excludable from gross income under section 139J.
(c) Clerical amendment
The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item:
(d) Effective date
The amendments made by this section shall apply to amounts received after the date of the enactment of this Act.