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4/8/2021

Statement on State Fiscal Recovery Funds and Tax Conformity | U.S. Department of the Treasury

U.S. DEPARTMENT OF THE TREASURY
Statement on State Fiscal Recovery Funds and Tax Conformity
April 7, 2021

The American Rescue Plan Act of 2021 includes $350 billion in fiscal relief funding for States,
territories, Tribal governments, counties, cities, and small local governments. The funding
will allow these governments to support vital public health and economic responses to the
pandemic, provide premium pay to essential workers, replace lost government revenue to
prevent harmful cuts to government services, and make necessary investments in water,
sewer, and broadband infrastructure. Together, these uses lay the foundation for a stronger
economic recovery.

At the same time, Congress placed limitations on the funding to ensure that it is used to
achieve those purposes, including a provision stating that this funding may not be used by
States and territories to o set a reduction in net tax revenue resulting from certain changes
in law. Treasury will issue comprehensive guidance to implement the statutory framework.

In the meantime, however, Treasury has decided to address a question that has arisen
frequently: whether income tax changes that simply conform a State or territory’s tax law
with recent changes in federal income tax law are subject to the o set provision of section
602(c)(2)(A) of the Social Security Act, as added by the American Rescue Plan Act of 2021.
Regardless of the particular method of conformity and the e ect on net tax revenue,
Treasury views such changes as permissible under the o set provision.

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https://home.treasury.gov/news/press-releases/jy0113

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