Offset a Reduction in Net Tax Revenue. For States and territories (recipient governments 160), section 602(c)(2)(A)— the offset provision—prohibits the use of Fiscal Recovery Funds to directly or indirectly offset a reduction in net tax revenue resulting from a change in law, regulation, or administrative interpretation 161 during the covered period. If a State or territory uses Fiscal Recovery Funds to offset a reduction in net tax revenue, the ARPA provides that the State or territory must repay to the Treasury an amount equal to the lesser of (i) the amount of the applicable reduction attributable to the impermissible offset and (ii) the amount received by the State or territory under the ARPA. See Section IV of this SUPPLEMENTARY INFORMATION. As discussed below Section IV of this SUPPLEMENTARY INFORMATION, a State or territory that chooses to use Fiscal Recovery Funds to offset a reduction in net tax revenue does not forfeit its entire allocation of Fiscal Recovery Funds (unless it misused the full allocation to offset a reduction in net tax revenue) or any non-ARPA funding received. The interim final rule implements these conditions by establishing a framework for States and territories to determine the cost of changes in law, regulation, or interpretation that reduce tax revenue and to identify and value the sources of funds that will offset— 160 In this sub-section, ‘‘recipient governments’’ refers only to States and territories. In other sections, ‘‘recipient governments’’ refers more broadly to eligible governments receiving funding from the Fiscal Recovery Funds. 161 For brevity, referred to as ‘‘changes in law, regulation, or interpretation’’ for the remainder of this preamble.
