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26 U.S.C. § 45PEmployer wage credit for employees who are active duty members of the uniformed services

submitted 18 years ago by Pub. L. 110-245 to r/title-26-INTERNAL-REVENUE-CODE · 326 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law gives employers a tax credit for paying employees called up for active military duty. The credit is 20 percent of up to $20,000 in extra wages paid per employee per year. Employers that violate service members' reemployment rights lose the credit for several years.

(a) General rule For the general business credit, the "differential wage payment credit" for the year equals 20 percent of the total "eligible differential wage payments" the taxpayer paid to each of its "qualified employees" that year. (b) Definitions (1) "Eligible differential wage payments" means the "differential wage payments" (as section 3401(h)(2) defines them — extra pay that makes up the gap between military pay and civilian pay while an employee is on active duty) paid to a qualified employee, but only up to $20,000 per employee for the year. (2) A "qualified employee" is someone who had already worked for the employer for the 91 days right before the period the differential wage payment covers. (3) Controlled groups: All businesses treated as a single employer under section 414(b), (c), (m), or (o) are treated as one employer here too. (c) Coordination with other credits If a taxpayer already gets a different tax credit for paying an employee, that credit is reduced by whatever amount of this section's credit applies to that same employee's pay. (d) Disallowance for failure to comply with reemployment rights No credit is allowed for a tax year if the taxpayer is under a final court order — from a U.S. district court, under section 4323 of title 38 of the United States Code — for violating a returning service member's job or reemployment rights under chapter 43 of that title. This bar lasts for that tax year and the next two tax years after it. (e) Certain rules to apply Rules like those in section 52(c), (d), and (e) apply here too.
the actual law source: uscode.house.gov ↗public domain
(a) General rule

For purposes of section 38, the differential wage payment credit for any taxable year is an amount equal to 20 percent of the sum of the eligible differential wage payments for each of the qualified employees of the taxpayer during such taxable year.

(b) Definitions

For purposes of this section—

(1) Eligible differential wage payments

The term “eligible differential wage payments” means, with respect to each qualified employee, so much of the differential wage payments (as defined in section 3401(h)(2)) paid to such employee for the taxable year as does not exceed $20,000.

(2) Qualified employee

The term “qualified employee” means a person who has been an employee of the taxpayer for the 91-day period immediately preceding the period for which any differential wage payment is made.

(3) Controlled groups

All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer.

(c) Coordination with other credits

The amount of credit otherwise allowable under this chapter with respect to compensation paid to any employee shall be reduced by the credit determined under this section with respect to such employee.

(d) Disallowance for failure to comply with employment or reemployment rights of members of the reserve components of the Armed Forces of the United States

No credit shall be allowed under subsection (a) to a taxpayer for—

(1)

any taxable year, beginning after the date of the enactment of this section, in which the taxpayer is under a final order, judgment, or other process issued or required by a district court of the United States under section 4323 of title 38 of the United States Code with respect to a violation of chapter 43 of such title, and

(2)

the 2 succeeding taxable years.

(e) Certain rules to apply

For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.

Source credit: (Added Pub. L. 110–245, title I, § 111(a), June 17, 2008, 122 Stat. 1634; amended Pub. L. 111–312, title VII, § 736(a), Dec. 17, 2010, 124 Stat. 3318; Pub. L. 112–240, title III, § 308(a), Jan. 2, 2013, 126 Stat. 2329; Pub. L. 113–295, div. A, title I, § 118(a), Dec. 19, 2014, 128 Stat. 4015; Pub. L. 114–113, div. Q, title I, § 122(a), (b), Dec. 18, 2015, 129 Stat. 3052.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-245 · 122 Stat. 1634
  • 2010Amended · Pub. L. 111-312 · 124 Stat. 3318
  • 2013Amended · Pub. L. 112-240 · 126 Stat. 2329
  • 2014Amended · Pub. L. 113-295 · 128 Stat. 4015
  • 2015Amended · Pub. L. 114-113 · 129 Stat. 3052

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-245 on 2008-06-17.

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