IN THE SENATE OF THE UNITED STATES
April 19, 2018
Mr. Casey (for himself, Ms. Stabenow, Mr. Menendez, Mr. Whitehouse, and Ms. Baldwin) introduced the following bill; which was read twice and referred to the Committee on Finance
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.
This Act may be cited as the
Tax Fairness for Workers Act.
Allowance of deduction for certain expenses of the trade or business of being an employee
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.
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—
Notwithstanding subsection (a), and inserting:
Notwithstanding subsection (a), except as provided in paragraph (2),
by adding at the end the following:
Exception for expenses of the trade or business of being an employee
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.
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.
The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 2017.
Miscellaneous itemized deductions
The amendment made by subsection (b) shall take effect as if included in the amendment made by section 11045(a) of Public Law 115–97.