Tax Fairness for Workers Act

Tax Fairness for Workers Act

This bill allows an above-the-line tax deduction for union dues and expenses. (An above-the-line deduction is subtracted from gross income and is available whether or not a taxpayer itemizes other deductions.)

The bill also reinstates the miscellaneous itemized tax deduction for unreimbursed expenses attributable to the performance of services as an employee (Under current law, all miscellaneous itemized deductions are suspended through 2025).

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4963 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4963

 To amend the Internal Revenue Code of 1986 to allow workers an above-
     the-line deduction for union dues and expenses and to allow a 
   miscellaneous itemized deduction for workers for all unreimbursed 
    expenses incurred in the trade or business of being an employee.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2023

Mr. Boyle of Pennsylvania (for himself, Mr. Norcross, Ms. Bonamici, Ms. 
Omar, Mr. Phillips, Mr. Garamendi, Ms. Lee of California, Mr. Panetta, 
   Ms. Brownley, Mr. Sherman, Mr. Gomez, Ms. Sanchez, Mr. Larson of 
Connecticut, Ms. Norton, Ms. Wasserman Schultz, Mr. Bishop of Georgia, 
Ms. Williams of Georgia, Mrs. McBath, Mr. Garcia of Illinois, Mr. Davis 
of Illinois, Mr. Krishnamoorthi, Ms. Schakowsky, Mr. Foster, Mr. Lynch, 
  Ms. Pingree, Mrs. Dingell, Ms. Slotkin, Ms. Bush, Mr. Cleaver, Mr. 
 Pascrell, Ms. Stansbury, Ms. Meng, Mr. Espaillat, Mr. Blumenauer, Mr. 
Cohen, Ms. Garcia of Texas, Mr. Doggett, Ms. DelBene, Mr. Gallego, Mr. 
Huffman, Mr. Carson, Mr. Moulton, Ms. Pressley, Mr. Raskin, Mr. Kildee, 
 Ms. McCollum, Mrs. Watson Coleman, Ms. Titus, Mr. Kilmer, Mr. Pocan, 
Ms. Chu, Ms. Waters, Ms. Clarke of New York, Mr. Evans, Mr. Cartwright, 
Mr. Castro of Texas, Ms. Jayapal, Mr. Khanna, Mr. Schiff, Ms. Castor of 
 Florida, Mr. Mfume, Ms. Leger Fernandez, Mr. Cuellar, Ms. Wexton, Mr. 
  Connolly, Ms. Plaskett, Ms. Barragan, Mr. Schneider, Mr. Trone, Ms. 
     Kuster, Mr. Menendez, Ms. Dean of Pennsylvania, Mr. Larsen of 
  Washington, Ms. Strickland, Ms. Lee of Nevada, Mrs. Napolitano, Ms. 
 DeGette, Ms. Jackson Lee, Mr. Vargas, Ms. Sherrill, Mr. Pallone, Mrs. 
 Peltola, Ms. Tokuda, Mr. Ivey, Mr. Thanedar, Ms. Manning, Mr. Casar, 
 Mr. Johnson of Georgia, Mrs. Trahan, Ms. Tlaib, Mr. Tonko, Mr. Beyer, 
  Mr. Crow, Ms. Blunt Rochester, Ms. Stevens, Mr. Green of Texas, Mr. 
Costa, Ms. Porter, Mr. Neguse, Mr. Gottheimer, Mr. Ruiz, Ms. Wild, Mr. 
 Frost, Mr. Deluzio, Ms. DeLauro, Mr. Nickel, Ms. Hoyle of Oregon, Mr. 
   McGarvey, Mr. Cardenas, Mr. Bowman, Mr. Swalwell, Mr. Peters, Ms. 
Wilson of Florida, Ms. Kelly of Illinois, Mr. Casten, Mr. McGovern, Mr. 
 Sarbanes, Ms. Ross, Mr. Nadler, Mr. Smith of Washington, Mrs. Beatty, 
   Mr. Carbajal, Mr. Torres of New York, Ms. Brown, Ms. Escobar, Mr. 
Allred, Ms. Ocasio-Cortez, Ms. Lois Frankel of Florida, Ms. Budzinski, 
  Mr. Mrvan, Mr. Lieu, Mr. Courtney, Ms. Scanlon, Mr. DeSaulnier, Mr. 
Morelle, Mr. Takano, Mrs. Foushee, Mr. Smith of New Jersey, Mr. Payne, 
Ms. Kaptur, Ms. Eshoo, Mr. Sorensen, Ms. Craig, Mr. Kim of New Jersey, 
Mr. Landsman, Mrs. Sykes, Ms. Salinas, Ms. Houlahan, Mr. Magaziner, Ms. 
   Crockett, Mr. Grijalva, Mrs. Hayes, Mr. Fitzpatrick, Mr. Scott of 
  Virginia, Mr. Mullin, Ms. Scholten, Mr. Soto, Mr. Jackson of North 
   Carolina, and Mr. Bacon) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to allow workers an above-
     the-line deduction for union dues and expenses and to allow a 
   miscellaneous itemized deduction for workers for all unreimbursed 
    expenses incurred in the trade or business of being an employee.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Tax Fairness for Workers Act''.

SEC. 2. ALLOWANCE OF DEDUCTION FOR CERTAIN EXPENSES OF THE TRADE OR 
              BUSINESS OF BEING AN EMPLOYEE.

    (a) Above-the-Line Deduction for Union Dues and Expenses.--Section 
62(a)(1) of the Internal Revenue Code of 1986 is amended by adding at 
the end the following new sentence: ``The limitation under the 
preceding sentence shall not apply to deductions which are attributable 
to a trade or business consisting of the performance of services by the 
taxpayer as an employee if such deductions are for union dues and 
expenses.''.
    (b) Allowance of Miscellaneous Itemized Deduction for Other 
Expenses of the Trade or Business of Being an Employee.--Section 67(g) 
of the Internal Revenue Code of 1986 is amended--
            (1) by striking ``2025.--Notwithstanding subsection (a),'' 
        and inserting ``2025.--
            ``(1) In general.--Notwithstanding subsection (a), except 
        as provided in paragraph (2),''; and
            (2) by adding at the end the following:
            ``(2) Exception for expenses of the trade or business of 
        being an employee.--
                    ``(A) In general.--Paragraph (1) shall not apply to 
                miscellaneous itemized deductions for any taxable year 
                which are itemized deductions attributable to a trade 
                or business carried on by the taxpayer which consists 
                of the performance of services by the taxpayer as an 
                employee.
                    ``(B) Application of 2-percent test.--In applying 
                subsection (a) for any taxable year to which this 
                paragraph applies, only the itemized deductions 
                described in subparagraph (A) shall be taken into 
                account as miscellaneous itemized deductions.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2022.
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