purposes of this subsection, the term Secretary means the Secretary of the Treasury or the Secretary’s delegate. (d) Assessable penalties for failure to disclose information, maintain client lists, etc For purposes of sections 6111, 6112, 6707 and 6708 of the Internal Revenue Code of 1986— (1) any COVID-related employee retention tax credit (whether or not the taxpayer claims such COVID-related employee retention tax credit) shall be treated as a listed transaction (and as a reportable transaction) with respect to any COVID–ERTC promoter if such promoter provides any aid, assistance, or advice with respect to any COVID–ERTC document relating to such COVID-related employee retention tax credit, and (2) such COVID–ERTC promoter shall be treated as a material advisor with respect to such transaction. (e) COVID–ERTC promoter For purposes of this section— (1) In general The term COVID–ERTC promoter means, with respect to any COVID–ERTC document, any person which provides aid, assistance, or advice with respect to such document if— (A) such person charges or receives a fee for such aid, assistance, or advice which is based on the amount of the refund or credit with respect to such document and, with respect to such person’s taxable year in which such person provided such assistance or the preceding taxable year, the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVID-ERTC documents exceeds 20 percent of the gross receipts of such person for such taxable year, or (B) with respect to such person’s taxable year in which such person provided such assistance or the preceding taxable year— (i) the aggregate gross receipts of such person for aid, assistance, and advice with respect to all COVID–ERTC documents exceeds 50 percent of the gross receipts of such person for such taxable year, or (ii) both— (I) such aggregate gross receipts exceeds 20 percent of the gross receipts of such person for such taxable year, and (II) the aggregate gross receipts of such person for aid,