Section 1 Short title
This Act may be cited as the “Survivor Justice Tax Prevention Act”.
Survivor Justice Tax Prevention Act
A BILL
To amend the Internal Revenue Code of 1986 to exclude from gross income any damages, other than punitive damages, received on account of any sexual acts or sexual contact.
Sec. 2 Exclusion from gross income of any damages, other than punitive damages, received on account of sexual acts or sexual contact
In general— Section 104(a)(2) of the Internal Revenue Code of 1986 is amended by striking “on account of personal physical injuries or physical sickness” and inserting
“(A) personal physical injuries or physical sickness, or
“(B) any sexual act (as defined in paragraph (2) of section 2246 of title 18, United States Code, as in effect on the date of the enactment of this subparagraph) or sexual contact (as defined in paragraph (3) of such section, as so in effect);”
Limitation on substantiation requirements— Section 104 of such Code is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:
“(c) Limitation on substantiation requirements with respect to damages on account of sexual acts and sexual contact—For purposes of subsection (a)(2)—
“(1) In general—Damages shall be treated as on account of a sexual act or sexual contact referred to in subsection (a)(2)(B) if the judgment or agreement providing for such damages states that such damages are so on account.
“(2) Prohibition on medical records requirement—In no event shall damages be treated as having not been adequately substantiated as being on account of a sexual act or sexual contact referred to in subsection (a)(2)(B) merely because there are no medical records of such act or contact.”
Effective date—
In general— The amendments made by this section shall apply to amounts received pursuant to judgments made, and agreements entered into, after the date of the enactment of this Act.
Special rule for judgments— For purposes of paragraph (1), a judgment shall be treated as made after the date of the enactment of this Act if the first payment pursuant to such judgment is received after such date.
Special rule for agreements— For purposes of paragraph (1), an agreement shall not be treated as entered into after the date of the enactment of this Act if such agreement replaces, supercedes, or revises an agreement entered into on or before such date.
Promotion of public awareness of exclusion— The Secretary of the Treasury (or the Secretary’s delegate), in consultation with the Department of Justice Office on Violence Against Women and other relevant Federal agencies, shall conduct a program to promote public awareness of the exclusion from gross income provided by section 104(a)(2)(B) of the Internal Revenue Code of 1986, as amended by this section.