This act suspends the collection of federal income tax on wages during any period of a government shutdown and exempts back pay for furloughed employees from federal income tax.
Robert Bresnahan
Representative
PA-8
The No Taxation Without Operation Act suspends the collection of federal income taxes on wages for all citizens during any period of a government shutdown. Furthermore, furloughed federal employees will not pay income tax on any back pay received for the shutdown period. The Treasury Department is required to issue guidance to ensure employers correctly implement these tax suspension rules.
The aptly named No Taxation Without Operation Act is a straight-shot piece of legislation aiming to change the financial calculus of a government shutdown. Simply put, if Congress fails to pass a budget and the government partially or fully shuts down, this bill says you don't owe federal income tax on the wages you earn for the duration of that shutdown. Think of it as a temporary tax holiday triggered by congressional gridlock.
Under Section 2, the core change is that regular citizens are no longer liable for federal income tax on wages earned during a lapse in appropriations. This is a significant shift. Currently, if you work during a shutdown, your employer still withholds taxes. Under this bill, that liability is suspended. For the average worker, this means a temporary boost in take-home pay, providing immediate financial relief during a period often marked by economic anxiety and uncertainty. For example, if a shutdown lasts two weeks, the federal income tax that would normally be withheld from those two weeks of wages stays in your pocket.
This bill offers an even bigger break for federal employees and contractors covered by the Government Employee Fair Treatment Act of 2019. If you’re one of the folks who gets furloughed or has to work without pay during the shutdown, any back pay you eventually receive for that period will be completely exempt from federal income taxes. Normally, that back pay is treated like regular income and taxed accordingly. This provision means that when those checks finally arrive, they will be substantially larger, providing maximum recovery for people who were forced to work for free or stay home.
Beyond waiving the tax on back pay, the bill also pauses the clock on penalties and interest for any tax payments or returns due during the shutdown period. If you were supposed to file an extension or make an estimated payment while the government was closed, you won't be penalized for the delay. This is a practical measure that acknowledges the administrative chaos a shutdown causes, ensuring regular people aren't hit with fines because the IRS couldn't function properly.
While this sounds like a great deal for taxpayers—and it is—it introduces some complexity. The Treasury Department is required to quickly issue guidance to employers on how to handle this suspension correctly. Imagine you run payroll for a medium-sized company: mid-month, the government shuts down, and suddenly you have to adjust your withholding software, stop collecting federal income tax, and then potentially restart it days or weeks later. This puts a significant administrative burden on employers, especially small businesses, who will need clear, immediate instructions.
Furthermore, the financial impact on the federal government is undeniable. By suspending tax collection on all wages earned during a shutdown, the bill creates an immediate revenue loss for the U.S. Treasury. While the intent is to put pressure on Congress to avoid shutdowns, the practical effect is that the government is essentially funding a temporary tax break every time it can’t agree on a budget. This is a trade-off: immediate financial relief for citizens versus a direct hit to federal revenue collection during an already unstable fiscal period.