r/title-26-INTERNAL-REVENUE-CODE wiki — defined terms

“qualified interest” applies in that section

the term “qualified interest” means— (1) any interest which consists of the right to receive fixed amounts payable not less frequently than annually, (2) any interest which consists of the right to receive amounts which are payable not less frequently than annually and are a fixed percentage of the fair market value of the property in the trust (determined annually), and (3) any noncontingent remainder interest if all of the other interests in the trust consist of interests described in paragraph (1) or (2).

“term interest” applies in that section

The term “term interest” means— (A) a life interest in property, or (B) an interest in property for a term of years. (4) Valuation rule for certain term interests If the nonexercise of rights under a term interest in tangible property would not have a substantial effect on the valuation of the remainder interest in such property— (A) subparagraph (A) of subsection (a)(2) shall not apply to such term interest, and (B) the value of such term interest for purposes of applying subsection (a)(1) shall be the amount which the holder of the term interest establishes as the amount for which such interest could be sold to an unrelated third party.

“applicable restriction” applies in that section

the term “applicable restriction” means any restriction— (A) which effectively limits the ability of the corporation or partnership to liquidate, and (B) with respect to which either of the following applies: (i) The restriction lapses, in whole or in part, after the transfer referred to in paragraph (1). (ii) The transferor or any member of the transferor’s family, either alone or collectively, has the right after such transfer to remove, in whole or in part, the restriction.

“control” applies in that section

The term “control” has the meaning given such term by section 2701(b)(2). (2) Member of the family

“member of the family” applies in that section

The term “member of the family” means, with respect to any individual— (A) such individual’s spouse, (B) any ancestor or lineal descendant of such individual or such individual’s spouse, (C) any brother or sister of the individual, and (D) any spouse of any individual described in subparagraph (B) or (C). (3) Attribution The rule of section 2701(e)(3) shall apply for purposes of determining the interests held by any individual.

“covered expatriate” applies in that section

the term “covered expatriate” has the meaning given to such term by section 877A(g)(1).

“covered gift or bequest” applies throughout its chapter

the term “covered gift or bequest” means— (A) any property acquired by gift directly or indirectly from an individual who, at the time of such acquisition, is a covered expatriate, and (B) any property acquired directly or indirectly by reason of the death of an individual who, immediately before such death, was a covered expatriate.

“applicable period” applies in that section

The term “applicable period” means, with respect to any qualified veteran, the 1-year period beginning with the day such qualified veteran begins work for the organization. (5) Definitions For purposes of this subsection—;

“qualified tax-exempt organization” applies in that section

the term “qualified tax-exempt organization” means an employer that is an organization described in section 501(c) and exempt from taxation under section 501(a), and;

“qualified veteran” applies in that section

the term “qualified veteran” has the meaning given such term by section 51(d)(3). (f) Credit for research expenditures of qualified small businesses (1) In general In the case of a taxpayer who has made an election under section 41(h) for a taxable year— (A) there shall be allowed as a credit against the tax imposed by subsection (a) for the first calendar quarter which begins after the date on which the taxpayer files the return specified in section 41(h)(4)(A)(ii) an amount equal to so much of the payroll tax credit portion determined under section 41(h)(2) as does not exceed the limitation of subclause (I) of section 41(h)(4)(B)(i) (applied without regard to subclause (II) thereof), and …

“active duty” applies throughout its chapter

The term “active duty” means “active duty” as described in paragraph (21) of section 101 of title 38 , United States Code, except that it shall also include “active duty for training” as described in paragraph (22) of such section. (3) Inactive duty training

“agricultural labor” applies throughout its chapter

the term “agricultural labor” includes all service performed— (1) on a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, poultry, and fur-bearing animals and wildlife; (2) in the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement, or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such …

“American aircraft” applies throughout its chapter

the term “American aircraft” means an aircraft registered under the laws of the United States. (g) Agricultural labor For purposes of this chapter,

“American employer” applies throughout its chapter

the term “American employer” means an employer which is— (1) the United States or any instrumentality thereof, (2) an individual who is a resident of the United States, (3) a partnership, if two-thirds or more of the partners are residents of the United States, (4) a trust, if all of the trustees are residents of the United States, or (5) a corporation organized under the laws of the United States or of any State.

“American vessel” applies throughout its chapter

the term “American vessel” means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State; and

“applicable dollar threshold” applies in that section

the term “applicable dollar threshold” means $1,000. In the case of calendar years after 1995, the Commissioner of Social Security shall adjust such $1,000 amount at the same time and in the same manner as under section 215(a)(1)(B)(ii) of the Social Security Act with respect to the amounts referred to in section 215(a)(1)(B)(i) of such Act, except that, for purposes of this paragraph, 1993 shall be substituted for the calendar year referred to in section 215(a)(1)(B)(ii)(II) of such Act. If any amount as adjusted under the preceding sentence is not a multiple of $100, such amount shall be rounded to the next lowest multiple of $100.

“church” applies in that section

the term “church” means a church, a convention or association of churches, or an elementary or secondary school which is controlled, operated, or principally supported by a church or by a convention or association of churches. (B) For purposes of this subsection,

“controlled group of entities” applies in that section

The term “controlled group of entities” means a controlled group of corporations as defined in section 1563(a)(1), except that— (i) “more than 50 percent” shall be substituted for “at least 80 percent” each place it appears therein, and (ii) the determination shall be made without regard to subsections (a)(4) and (b)(2) of section 1563. A partnership or any other entity (other than a corporation) shall be treated as a member of a controlled group of entities if such entity is controlled (within the meaning of section 954(d)(3)) by members of such group (including any entity treated as a member of such group by reason of this sentence).

“crew leader” applies throughout its chapter

the term “crew leader” means an individual who furnishes individuals to perform agricultural labor for another person, if such individual pays (either on his own behalf or on behalf of such person) the individuals so furnished by him for the agricultural labor performed by them and if such individual has not entered into a written agreement with such person whereby such individual has been designated as an employee of such person; and such individuals furnished by the crew leader to perform agricultural labor for another person shall be deemed to be the employees of such crew leader.

“domestically controlled group of entities” applies in that section

The term “domestically controlled group of entities” means a controlled group of entities the common parent of which is a domestic corporation. (B) Controlled group of entities

“employee” applies throughout its chapter

the term “employee” means— (1) any officer of a corporation; or (2) any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee; or (3) any individual (other than an individual who is an employee under paragraph (1) or (2)) who performs services for remuneration for any person— (A) as an agent-driver or commission-driver engaged in distributing meat products, vegetable products, fruit products, bakery products, beverages (other than milk), or laundry or dry-cleaning services, for his principal; (B) as a full-time life insurance salesman; (C) as a home worker performing work, according to specifications …

“employment” applies throughout its chapter

the term “employment” means any service, of whatever nature, performed (A) by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port in the United States, if the employee is employed on and in connection with such vessel or aircraft when outside the United States, or (B) outside the United States by a citizen or resident of the United States as an employee …

“exempt governmental deferred compensation plan” applies in that section

the term “exempt governmental deferred compensation plan” means any plan providing for deferral of compensation established and maintained for its employees by the United States, by a State or political subdivision thereof, or by an agency or instrumentality of any of the foregoing. Such term shall not include— (A) any plan to which section 83, 402(b), 403(c), 457(a), or 457(f)(1) applies, (B) any annuity contract described in section 403(b), and (C) the Thrift Savings Fund (within the meaning of subchapter III of chapter 84 of title 5, United States Code).

“farm” applies in that section

the term “farm” includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. (h) American employer For purposes of this chapter,

“Federal agency” applies in that section

The term “Federal agency” means an agency, as defined in section 3581(1) of title 5 , United States Code. (B) International organization

“general retirement system” applies in that section

The term “general retirement system” means any pension, annuity, retirement, or similar fund or system established by a State or by a political subdivision thereof for employees of the State, political subdivision, or both; but such term shall not include such a fund or system which covers only service performed in positions connected with the operation of its public transportation system.

“inactive duty training” applies throughout its chapter

The term “inactive duty training” means “inactive duty training” as described in paragraph (23) of such section 101. (n) Member of a uniformed service For purposes of this chapter,

“international organization” applies in that section

The term “international organization” has the meaning provided such term by section 3581(3) of title 5 , United States Code. (z) Treatment of certain foreign persons as American employers (1) In general If any employee of a foreign person is performing services in connection with a contract between the United States Government (or any instrumentality thereof) and any member of any domestically controlled group of entities which includes such foreign person, such foreign person shall be treated for purposes of this chapter as an American employer with respect to such services performed by such employee.

“medicare qualified government employment” applies throughout its chapter

the term “medicare qualified government employment” means service which— (A) is employment (as defined in subsection (b)) with the application of paragraphs (1) and (2), but (B) would not be employment (as so defined) without the application of such paragraphs. (v) Treatment of certain deferred compensation and salary reduction arrangements (1) Certain employer contributions treated as wages Nothing in any paragraph of subsection (a) (other than paragraph (1)) shall exclude from

“member of a uniformed service” applies throughout its chapter

the term “member of a uniformed service” means any person appointed, enlisted, or inducted in a component of the Army, Navy, Air Force, Marine Corps, or Coast Guard (including a reserve component as defined in section 101(27) of title 38 , United States Code), or in one of those services without specification of component, or as a commissioned officer of the Coast and Geodetic Survey, the National Oceanic and Atmospheric Administration Corps, or the Regular or Reserve Corps 2 of the Public Health Service, and any person serving in the Army or Air Force under call or conscription.

“nonqualified deferred compensation plan” applies in that section

the term “nonqualified deferred compensation plan” means any plan or other arrangement for deferral of compensation other than a plan described in subsection (a)(5). (3) Exempt governmental deferred compensation plan For purposes of subsection (a)(5),

“pay period” applies in that section

the term “pay period” means a period (of not more than 31 consecutive days) for which a payment of remuneration is ordinarily made to the employee by the person employing him. This subsection shall not be applicable with respect to services performed in a pay period by an employee for the person employing him, where any of such service is excepted by subsection (b)(9). (d) Employee For purposes of this chapter,

“political subdivision” applies in that section

The term “political subdivision” includes an instrumentality of— (i) a State, (ii) one or more political subdivisions of a State, or (iii) a State and one or more of its political subdivisions. [(k) Repealed. Pub. L. 98–21, title I, § 102(b)(2) , Apr. 20, 1983 , 97 Stat.

“qualified church-controlled organization” applies in that section

the term “qualified church-controlled organization” means any church-controlled tax-exempt organization described in section 501(c)(3), other than an organization which— (i) offers goods, services, or facilities for sale, other than on an incidental basis, to the general public, other than goods, services, or facilities which are sold at a nominal charge which is substantially less than the cost of providing such goods, services, or facilities; and (ii) normally receives more than 25 percent of its support from either (I) governmental sources, or (II) receipts from admissions, sales of merchandise, performance of services, or furnishing of facilities, in activities which are not unrelated …

“retirement system” applies throughout this title

the term “retirement system” has the meaning given such term by section 218(b)(4) of the Social Security Act; (8) (A) service performed by a duly ordained, commissioned, or licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such order, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under subsection (r) is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs; (B) service performed in the employ of a church or qualified …

“State” applies throughout its chapter

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. (2) United States The term “United States” when used in a geographical sense includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa. An individual who is a citizen of the Commonwealth of Puerto Rico (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States. (f) American vessel and aircraft For purposes of this chapter,

“wages” applies throughout its chapter

the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include— (1) in the case of the taxes imposed by sections 3101(a) and 3111(a) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) with respect to employment has been paid to an individual by an employer during the calendar year with respect to which such contribution and benefit base is effective, is paid to such …

“applicable employment taxes” applies in that section

the term “applicable employment taxes” means the following: (A) The taxes imposed under section 3111(b). (B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b). (2) Wages For purposes of this section,

“apprenticeship program contribution rate” applies in that section

The term “apprenticeship program contribution rate” means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a registered apprenticeship program under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1301(a)(11) ).

“collectively bargained apprenticeship program contributions” applies in that section

The term “collectively bargained apprenticeship program contributions” means, with respect to any calendar quarter, contributions which— (i) are paid or incurred by an employer on behalf of its employees with respect to the calendar quarter to a registered apprenticeship program, (ii) are made based on an apprenticeship program contribution rate, and (iii) are required to be made pursuant to the terms of a collective bargaining agreement that is in effect with respect to such calendar quarter. (B) Registered apprenticeship program

“collectively bargained defined benefit pension plan contributions” applies in that section

The term “collectively bargained defined benefit pension plan contributions” means, with respect to any calendar quarter, contributions which— (i) are paid or incurred by an employer during the calendar quarter on behalf of its employees to a defined benefit plan (as defined in section 414(j)), which meets the requirements of section 401(a), (ii) are made based on a pension contribution rate, and (iii) are required to be made pursuant to the terms of a collective bargaining agreement in effect with respect to such calendar quarter. (B) Pension contribution rate

“pension contribution rate” applies in that section

The term “pension contribution rate” means the contribution rate that the employer is obligated to pay on behalf of its employees under the terms of a collective bargaining agreement for benefits under a defined benefit plan under such agreement, as such rate is applied to contribution base units (as defined by section 4001(a)(11) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1301(a)(11) ).

“qualified health plan expenses” applies in that section

the term “qualified health plan expenses” means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a). (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified sick leave wages in such manner as the Secretary may prescribe.

“qualified sick leave wages” applies in that section

The term “qualified sick leave wages” means wages paid by an employer which would be required to be paid by reason of the Emergency Paid Sick Leave Act as if such Act applied after March 31, 2021 . (2) Rules of application For purposes of determining whether wages are qualified sick leave wages under paragraph (1)— (A) In general The Emergency Paid Sick Leave Act shall be applied— (i) by inserting “, the employee is seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, COVID–19 and such employee has been exposed to COVID–19 or the employee’s employer has requested such test or diagnosis, or the employee is obtaining immunization related to COVID–19 or …

“registered apprenticeship program” applies in that section

The term “registered apprenticeship program” means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664 , chapter 663; 29 U.S.C. 50 et seq.) that meets the standards of subpart A of part 29 and part 30 of title 29, Code of Federal Regulations. (C) Apprenticeship program contribution rate

“wages” applies in that section

the term “wages” means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins “Such term does not include remuneration”). (3) Denial of double benefit For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit.

“applicable employment taxes” applies in that section

the term “applicable employment taxes” means the following: (A) The taxes imposed under section 3111(b). (B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b). (2) Wages For purposes of this section,

“collectively bargained apprenticeship program contributions” applies in that section

The term “collectively bargained apprenticeship program contributions” has the meaning given such term under section 3131(e)(3). (B) Allocation rules For purposes of this section, the amount of collectively bargained apprenticeship program contributions allocated to qualified family leave wages for any calendar quarter shall be the product of— (i) the apprenticeship contribution rate (as defined in section 3131(e)(3)), expressed as an hourly rate, and (ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(3)(A)(iii) during the calendar quarter.

“collectively bargained defined benefit pension plan contributions” applies in that section

The term “collectively bargained defined benefit pension plan contributions” has the meaning given such term under section 3131(e)(2). (B) Allocation rules The amount of collectively bargained defined benefit pension plan contributions allocated to qualified family leave wages for any calendar quarter shall be the product of— (i) the pension contribution rate (as defined in section 3131(e)(2)), expressed as an hourly rate, and (ii) the number of hours for which qualified family leave wages were provided to employees covered under the collective bargaining agreement described in section 3131(e)(2)(A)(iii) during the calendar quarter.

“qualified family leave wages” applies in that section

the term “qualified family leave wages” means wages paid by an employer which would be required to be paid by reason of the Emergency Family and Medical Leave Expansion Act (including the amendments made by such Act) as if such Act (and amendments made by such Act) applied after March 31, 2021 .

“qualified health plan expenses” applies in that section

the term “qualified health plan expenses” means amounts paid or incurred by the employer to provide and maintain a group health plan (as defined in section 5000(b)(1)), but only to the extent that such amounts are excluded from the gross income of employees by reason of section 106(a). (3) Allocation rules For purposes of this section, qualified health plan expenses shall be allocated to qualified family leave wages in such manner as the Secretary may prescribe.

“wages” applies in that section

the term “wages” means wages (as defined in section 3121(a), determined without regard to paragraphs (1) through (22) of section 3121(b)) and compensation (as defined in section 3231(e), determined without regard to the sentence in paragraph (1) thereof which begins “Such term does not include remuneration”). (3) Denial of double benefit For purposes of chapter 1, the gross income of the employer, for the taxable year which includes the last day of any calendar quarter with respect to which a credit is allowed under this section, shall be increased by the amount of such credit.

“applicable employment taxes” applies in that section

The term “applicable employment taxes” means the following: (A) The taxes imposed under section 3111(b). (B) So much of the taxes imposed under section 3221(a) as are attributable to the rate in effect under section 3111(b). (2) Eligible employer (A) In general

“eligible employer” applies in that section

The term “eligible employer” means any employer— (i) which was carrying on a trade or business during the calendar quarter for which the credit is determined under subsection (a), and (ii) with respect to any calendar quarter, for which— (I) the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID–19), (II) the gross receipts (within the meaning of section 448(c)) of such employer for such calendar quarter are less than 80 …

“improperly claimed ERTC wages” applies in that section

the term “improperly claimed ERTC wages” means, with respect to an assessment attributable to a credit claimed under this section, the wages with respect to which a deduction would not have been allowed if the portion of the credit to which such assessment relates had been properly claimed.

“qualified wages” applies in that section

The term “qualified wages” means— (i) in the case of an eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during 2019 was greater than 500, wages paid by such eligible employer with respect to which an employee is not providing services due to circumstances described in subclause (I) or (II) of paragraph (2)(A)(ii), or (ii) in the case of an eligible employer for which the average number of full-time employees (within the meaning of section 4980H) employed by such eligible employer during 2019 was not greater than 500— (I) with respect to an eligible employer described in subclause (I) of paragraph …

“recovery startup business” applies in that section

The term “recovery startup business” means any employer— (A) which began carrying on any trade or business after February 15, 2020 , and (B) for which the average annual gross receipts of such employer (as determined under rules similar to the rules under section 448(c)(3)) for the 3-taxable-year period ending with the taxable year which precedes the calendar quarter for which the credit is determined under subsection (a) does not exceed $1,000,000. (6) Other terms Any term used in this section which is also used in this chapter or chapter 22 shall have the same meaning as when used in such chapter.

“severely financially distressed employer” applies in that section

The term “severely financially distressed employer” means an eligible employer as defined in paragraph (2), determined by substituting “less than 10 percent” for “less than 80 percent” in subparagraph (A)(ii)(II) thereof. (D) Exception The term “qualified wages” shall not include any wages taken into account under sections 41, 45A, 45P, 45S, 51, 1396, 3131, and 3132. (4) Wages (A) In general

“wages” applies in that section

The term “wages” means wages (as defined in section 3121(a)) and compensation (as defined in section 3231(e)). For purposes of the preceding sentence, in the case of any organization or entity described in subsection (f)(2), wages as defined in section 3121(a) shall be determined without regard to paragraphs (5), (6), (7), (10), and (13) of section 3121(b) (except with respect to services performed in a penal institution by an inmate thereof).

“applicable percentage” applies in that section

the term “applicable percentage” means the percentage equal to the sum of the rates of tax in effect under subsections (a) and (b) of section 3101 for the calendar year. (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee for services rendered by such employee. (c) Cross reference For application of different contribution bases with respect to the taxes imposed by subsections (a) and (b), see section 3231(e)(2).

“applicable percentage” applies in that section

the term “applicable percentage” means the percentage equal to the sum of the rates of tax in effect under subsections (a) and (b) of section 3101 and subsections (a) and (b) of section 3111 for the calendar year. (b) Tier 2 tax In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to the percentage determined under section 3241 for any calendar year of the compensation received during such calendar year by such employee representative for services rendered by such employee representative.

“applicable percentage” applies in that section

the term “applicable percentage” means the percentage equal to the sum of the rates of tax in effect under subsections (a) and (b) of section 3111 for the calendar year. (b) Tier 2 tax In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to the percentage determined under section 3241 for any calendar year of the compensation paid during such calendar year by such employer for services rendered to such employer. (c) Cross reference For application of different contribution bases with respect to the taxes imposed by subsections (a) and (b), see section 3231(e)(2).

“applicable base” applies throughout its chapter

the term “applicable base” means for any calendar year the contribution and benefit base determined under section 230 of the Social Security Act for such calendar year. (ii) Tier 2 taxes, etc. For purposes of— (I) the taxes imposed by sections 3201(b), 3211(b), and 3221(b), and (II) computing average monthly compensation under section 3(j) of the Railroad Retirement Act of 1974 (except with respect to annuity amounts determined under subsection (a) or (f)(3) of section 3 of such Act), clause (2) of the first sentence, and the second sentence, of subsection (c) of section 230 of the Social Security Act shall be disregarded.

“carrier” applies throughout its chapter

the term “carrier” means a rail carrier subject to part A of subtitle IV of title 49. (h) Tips constituting compensation, time deemed paid For purposes of this chapter, tips which constitute compensation for purposes of the taxes imposed by section 3201 shall be deemed to be paid at the time a written statement including such tips is furnished to the employer pursuant to section 6053(a) or (if no statement including such tips is so furnished) at the time received.

“company” applies throughout its chapter

the term “company” includes corporations, associations, and joint-stock companies. (g) Carrier For purposes of this chapter,

“compensation” applies throughout its chapter

The term “compensation” means any form of money remuneration paid to an individual for services rendered as an employee to one or more employers. Such term does not include (i) the amount of any payment (including any amount paid by an employer for insurance or annuities, or into a fund, to provide for any such payment) made to, or on behalf of, an employee or any of his dependents under a plan or system established by an employer which makes provision for his employees generally (or for his employees generally and their dependents) or for a class or classes of his employees (or for a class or classes of his employees and their dependents), on account of sickness or accident disability or …

“employee” applies throughout its chapter

the term “employee” means any individual in the service of one or more employers for compensation.

“employee representative” applies throughout its chapter

the term “employee representative” means any officer or official representative of a railway labor organization other than a labor organization included in the term “employer” as defined in subsection (a), who before or after June 29, 1937 , was in the service of an employer as defined in subsection (a) and who is duly authorized and designated to represent employees in accordance with the Railway Labor Act (45 U.S.C., chapter 8), as amended, and any individual who is regularly assigned to or regularly employed by such officer or official representative in connection with the duties of his office.

“employer” applies throughout its chapter

the term “employer” means any carrier (as defined in subsection (g)), and any company which is directly or indirectly owned or controlled by one or more such carriers or under common control therewith, and which operates any equipment or facility or performs any service (except trucking service, casual service, and the casual operation of equipment or facilities) in connection with the transportation of passengers or property by railroad, or the receipt, delivery, elevation, transfer in transit, refrigeration or icing, storage, or handling of property transported by railroad, and any receiver, trustee, or other individual or body, judicial or otherwise, when in the possession of the …

“account benefits ratio” applies in that section

the term “account benefits ratio” means, with respect to any fiscal year, the amount determined by the Railroad Retirement Board by dividing the fair market value of the assets in the Railroad Retirement Account and of the National Railroad Retirement Investment Trust (and for years before 2002, the Social Security Equivalent Benefits Account) as of the close of such fiscal year by the total benefits and administrative expenses paid from the Railroad Retirement Account and the National Railroad Retirement Investment Trust during such fiscal year.

“average account benefits ratio” applies in that section

the term “average account benefits ratio” means, with respect to any calendar year, the average determined by the Secretary of the account benefits ratios for the 10 most recent fiscal years ending before such calendar year. If the amount determined under the preceding sentence is not a multiple of 0.1, such amount shall be increased to the next highest multiple of 0.1. (2) Account benefits ratio For purposes of this section,

“potential additional taxes” applies in that section

The term “potential additional taxes” means, with respect to any State for any taxable year, the aggregate amount of the additional tax which would be payable under this chapter for such taxable year by all taxpayers subject to the unemployment compensation law of such State for such taxable year if paragraph (2) of subsection (c) had applied to such taxable year and any preceding taxable year without regard to this subsection but with regard to subsection (f). (B) Treatment of certain reductions Any reduction in the State’s balance under section 901(d)(1) of the Social Security Act shall not be treated as a repayment made by such State.

“reimbursing employer” applies in that section

The term “reimbursing employer” means any governmental entity or other organization (or group of governmental entities or any other organizations) which makes reimbursements in lieu of contributions to the State unemployment fund. (D) Rounding If any percentage determined under subparagraph (A) is not a multiple of .1 percent, such percentage shall be reduced to the nearest multiple of .1 percent. (6) Reports The Secretary of Labor may, by regulations, require a State to furnish such information at such time and in such manner as may be necessary for purposes of this subsection.

“computation date” applies in that section

The term “computation date” means the date, occurring at least once in each calendar year and within 27 weeks prior to the effective date of new rates of contributions, as of which such rates are computed. (8) Reduced rate

“guaranteed employment account” applies in that section

The term “guaranteed employment account” means a separate account, in an unemployment fund, maintained with respect to a person (or group of persons) having individuals in his (or their) employ who, in accordance with the provisions of the State law or of a plan thereunder approved by the State agency, (A) guarantees in advance at least 30 hours of work, for which remuneration will be paid at not less than stated rates, for each of 40 weeks (or if more, 1 weekly hour may be deducted for each added week guaranteed) in a year, to all the individuals who are in his (or their) employ in, and who continue to be available for suitable work in, one or more distinct establishments, except that any …

“partially pooled account” applies in that section

The term “partially pooled account” means a part of an unemployment fund in which part of the fund all contributions thereto are mingled and undivided, and from which part of the fund compensation is payable only to individuals to whom compensation would be payable from a reserve account or from a guaranteed employment account but for the exhaustion or termination of such reserve account or of such guaranteed employment account. Payments from a reserve account or guaranteed employment account into a partially pooled account shall not be construed to be inconsistent with the provisions of paragraph (1) or (4). (4) Guaranteed employment account

“pooled fund” applies in that section

The term “pooled fund” means an unemployment fund or any part thereof (other than a reserve account or a guaranteed employment account) into which the total contributions of persons contributing thereto are payable, in which all contributions are mingled and undivided, and from which compensation is payable to all individuals eligible for compensation from such fund. (3) Partially pooled account

“reduced rate” applies in that section

The term “reduced rate” means a rate of contributions lower than the standard rate applicable under the State law, and

“reserve account” applies in that section

The term “reserve account” means a separate account in an unemployment fund, maintained with respect to a person (or group of persons) having individuals in his (or their) employ, from which account, unless such account is exhausted, is paid all and only compensation payable on the basis of services performed for such person (or for one or more of the persons comprising the group). (2) Pooled fund

“standard rate” applies in that section

the term “standard rate” means the rate on the basis of which variations therefrom are computed. (d) Voluntary contributions A State law may, without being deemed to violate the standards set forth in subsection (a), permit voluntary contributions to be used in the computation of reduced rates if such contributions are paid prior to the expiration of 120 days after the beginning of the year for which such rates are effective.

“year” applies in that section

The term “year” means any 12 consecutive calendar months. (6) Balance The term “balance”, with respect to a reserve account or a guaranteed employment account, means the amount standing to the credit of the account as of the computation date; except that, if subsequent to January 1, 1940 , any moneys have been paid into or credited to such account other than payments thereto by persons having individuals in their employ, such term shall mean the amount in such account as of the computation date less the total of such other moneys paid into or credited to such account subsequent to January 1, 1940 . (7) Computation date

“educational service agency” applies in that section

the term “educational service agency” means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions, (v) with respect to services to which section 3309(a)(1) applies, if such services are provided to or on behalf of an educational institution, compensation may be denied under the same circumstances as described in clauses (i) through (iv), and (vi) with respect to services described in clause (ii), clauses (iii) and (iv) shall be applied by substituting “may be denied” for “shall be denied”, and (B) payments (in lieu of contributions) with respect to service to which section …

“institution of higher education” applies in that section

the term “institution of higher education” means an educational institution in any State which— (1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; (2) is legally authorized within such State to provide a program of education beyond high school; (3) provides an educational program for it which awards a bachelor’s or higher degree, or provides a program which is acceptable for full credit toward such a degree, or offers a program of training to prepare students for gainful employment in a recognized occupation; and (4) is a public or other nonprofit institution.

“agricultural labor” applies throughout its chapter

the term “agricultural labor” has the meaning assigned to such term by subsection (g) of section 3121, except that for purposes of this chapter subparagraph (B) of paragraph (4) of such subsection (g) shall be treated as reading: “(B) in the employ of a group of operators of farms (or a cooperative organization of which such operators are members) in the performance of service described in subparagraph (A), but only if such operators produced more than one-half of the commodity with respect to which such service is performed;”. [(l) Repealed. Sept. 1, 1954, ch. 1212, § 4(c) , 68 Stat. 1135 ] (m) American vessel and aircraft For purposes of this chapter,

“American aircraft” applies throughout its chapter

the term “American aircraft” means an aircraft registered under the laws of the United States. (n) Vessels operated by general agents of United States Notwithstanding the provisions of subsection (c)(6), service performed by officers and members of the crew of a vessel which would otherwise be included as employment under subsection (c) shall not be excluded by reason of the fact that it is performed on or in connection with an American vessel— (1) owned by or bareboat chartered to the United States and (2) whose business is conducted by a general agent of the Secretary of Transportation.

“American employer” applies throughout its chapter

The term “American employer” means a person who is— (A) an individual who is a resident of the United States, (B) a partnership, if two-thirds or more of the partners are residents of the United States, (C) a trust, if all of the trustees are residents of the United States, or (D) a corporation organized under the laws of the United States or of any State. An individual who is a citizen of the Commonwealth of Puerto Rico or the Virgin Islands (but not otherwise a citizen of the United States) shall be considered, for purposes of this section, as a citizen of the United States. (k) Agricultural labor For purposes of this chapter,

“American vessel” applies throughout its chapter

the term “American vessel” means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any State; and

“compensation” applies throughout its chapter

the term “compensation” means cash benefits payable to individuals with respect to their unemployment. (i) Employee For purposes of this chapter,

“contributions” applies throughout its chapter

the term “contributions” means payments required by a State law to be made into an unemployment fund by any person on account of having individuals in his employ, to the extent that such payments are made by him without being deducted or deductible from the remuneration of individuals in his employ. (h) Compensation For purposes of this chapter,

“crew leader” applies in that section

the term “crew leader” means an individual who— (A) furnishes individuals to perform agricultural labor for any other person, (B) pays (either on his behalf or on behalf of such other person) the individuals so furnished by him for the agricultural labor performed by them, and (C) has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person.

“employee” applies throughout its chapter

the term “employee” has the meaning assigned to such term by section 3121(d), except that paragraph (4) and subparagraphs (B) and (C) of paragraph (3) shall not apply. (j) State, United States, and American employer For purposes of this chapter— (1) State

“employer” applies throughout its chapter

The term “employer” means, with respect to any calendar year, any person who— (A) during any calendar quarter in the calendar year or the preceding calendar year paid wages of $1,500 or more, or (B) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed at least one individual in employment for some portion of the day. For purposes of this paragraph, there shall not be taken into account any wages paid to, or employment of, an employee performing domestic services referred to in paragraph (3). (2) Agricultural labor In the case of agricultural labor,

“employment” applies throughout its chapter

the term “employment” means any service performed prior to 1955, which was employment for purposes of subchapter C of chapter 9 of the Internal Revenue Code of 1939 under the law applicable to the period in which such service was performed, and (A) any service, of whatever nature, performed after 1954 by an employee for the person employing him, irrespective of the citizenship or residence of either, (i) within the United States, or (ii) on or in connection with an American vessel or American aircraft under a contract of service which is entered into within the United States or during the performance of which and while the employee is employed on the vessel or aircraft it touches at a port …

“Indian tribe” applies throughout its chapter

the term “Indian tribe” has the meaning given to such term by section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ), and includes any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe. (v) Short-time compensation program For purposes of this section,

“nonqualified deferred compensation plan” applies in that section

the term “nonqualified deferred compensation plan” means any plan or other arrangement for deferral of compensation other than a plan described in subsection (b)(5). (s) Tips treated as wages For purposes of this chapter,

“pay period” applies in that section

the term “pay period” means a period (of not more than 31 consecutive days) for which a payment of remuneration is ordinarily made to the employee by the person employing him. This subsection shall not be applicable with respect to services performed in a pay period by an employee for the person employing him, where any of such service is excepted by subsection (c)(9). (e) State agency For purposes of this chapter,

“self-employment assistance program” applies throughout its chapter

the term “self-employment assistance program” means a program under which— (1) individuals who meet the requirements described in paragraph (3) are eligible to receive an allowance in lieu of regular unemployment compensation under the State law for the purpose of assisting such individuals in establishing a business and becoming self-employed; (2) the allowance payable to individuals pursuant to paragraph (1) is payable in the same amount, at the same interval, on the same terms, and subject to the same conditions, as regular unemployment compensation under the State law, except that— (A) State requirements relating to availability for work, active search for work, and refusal to accept …

“short-time compensation program” applies in that section

the term “short-time compensation program” means a program under which— (1) the participation of an employer is voluntary; (2) an employer reduces the number of hours worked by employees in lieu of layoffs; (3) such employees whose workweeks have been reduced by at least 10 percent, and by not more than the percentage, if any, that is determined by the State to be appropriate (but in no case more than 60 percent), are not disqualified from unemployment compensation; (4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would otherwise be payable to the employee if such employee were unemployed; (5) such …

“State” applies throughout its chapter

The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (2) United States The term “United States” when used in a geographical sense includes the States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (3) American employer

“State agency” applies throughout its chapter

the term “State agency” means any State officer, board, or other authority, designated under a State law to administer the unemployment fund in such State. (f) Unemployment fund For purposes of this chapter,

“unemployment fund” applies throughout its chapter

the term “unemployment fund” means a special fund, established under a State law and administered by a State agency, for the payment of compensation. Any sums standing to the account of the State agency in the Unemployment Trust Fund established by section 904 of the Social Security Act, as amended ( 42 U.S.C. 1104 ), shall be deemed to be a part of the unemployment fund of the State, and no sums paid out of the Unemployment Trust Fund to such State agency shall cease to be a part of the unemployment fund of the State until expended by such State agency.

“wages” applies throughout its chapter

the term “wages” means all remuneration for employment, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include— (1) that part of the remuneration which, after remuneration (other than remuneration referred to in the succeeding paragraphs of this subsection) equal to $7,000 with respect to employment has been paid to an individual by an employer during any calendar year, is paid to such individual by such employer during such calendar year.

“employee representative” applies throughout its chapter

the term “employee representative” has the meaning given such term by section 1 of the Railroad Unemployment Insurance Act. (d) Certain rules made applicable For purposes of this chapter, rules similar to the rules of section 3307 and 3308 shall apply.

“rail employer” applies throughout its chapter

the term “rail employer” means any person who is an employer as defined in section 1 of the Railroad Unemployment Insurance Act. (b) Rail wages For purposes of this chapter,

“rail wages” applies throughout its chapter

the term “rail wages” means, with respect to any calendar month, so much of the remuneration paid during such month which is subject to contributions under section 8(a) of the Railroad Unemployment Insurance Act. (c) Employee representative For purposes of this chapter,

“differential wage payment” applies throughout its chapter

the term “differential wage payment” means any payment which— (A) is made by an employer to an individual with respect to any period during which the individual is performing service in the uniformed services (as defined in chapter 43 of title 38, United States Code) while on active duty for a period of more than 30 days, and (B) represents all or a portion of the wages the individual would have received from the employer if the individual were performing service for the employer.

“employee” applies throughout its chapter

the term “employee” includes an officer, employee, or elected official of the United States, a State, or any political subdivision thereof, or the District of Columbia, or any agency or instrumentality of any one or more of the foregoing. The term “employee” also includes an officer of a corporation. (d) Employer For purposes of this chapter,

“employer” applies throughout its chapter

the term “employer” means the person for whom an individual performs or performed any service, of whatever nature, as the employee of such person, except that— (1) if the person for whom the individual performs or performed the services does not have control of the payment of the wages for such services, the term “employer” (except for purposes of subsection (a)) means the person having control of the payment of such wages, and (2) in the case of a person paying wages on behalf of a nonresident alien individual, foreign partnership, or foreign corporation, not engaged in trade or business within the United States, the term “employer” (except for purposes of subsection (a)) means such …

“miscellaneous payroll period” applies throughout its chapter

the term “miscellaneous payroll period” means a payroll period other than a daily, weekly, biweekly, semimonthly, monthly, quarterly, semiannual, or annual payroll period. (c) Employee For purposes of this chapter,

“payroll period” applies throughout its chapter

the term “payroll period” means a period for which a payment of wages is ordinarily made to the employee by his employer, and

“wages” applies throughout its chapter

the term “wages” means all remuneration (other than fees paid to a public official) for services performed by an employee for his employer, including the cash value of all remuneration (including benefits) paid in any medium other than cash; except that such term shall not include remuneration paid— (1) for active service performed in a month for which such employee is entitled to the benefits of section 112 (relating to certain combat zone compensation of members of the Armed Forces of the United States) to the extent remuneration for such service is excludable from gross income under such section, (2) for agricultural labor (as defined in section 3121(g)) unless the remuneration paid for …

“annualized tax” applies in that section

the term “annualized tax” means, with respect to any payment, the amount of tax which would be imposed by section 1(c) 1 (determined without regard to any rate of tax in excess of the fourth lowest rate of tax applicable under section 1(c) 1 ) on an amount of taxable income equal to the excess of— (A) the annualized amount of such payment, over (B) the amount determined under paragraph (2). (4) Classes of gaming activities, etc. For purposes of this subsection, terms used in paragraph (1) which are defined in section 4 of the Indian Gaming Regulatory Act ( 25 U.S.C.

“annuity” applies in that section

the term “annuity” means any amount paid to an individual as a pension or annuity. (C) Sick pay For purposes of this subsection,

“sick pay” applies in that section

the term “sick pay” means any amount which— (i) is paid to an employee pursuant to a plan to which the employer is a party, and (ii) constitutes remuneration or a payment in lieu of remuneration for any period during which the employee is temporarily absent from work on account of sickness or personal injuries.

“specified Federal payment” applies in that section

the term “specified Federal payment” means— (i) any payment of a social security benefit (as defined in section 86(d)), (ii) any payment referred to in the second sentence of section 451(d) 1 which is treated as insurance proceeds, (iii) any amount which is includible in gross income under section 77(a), and (iv) any other payment made pursuant to Federal law which is specified by the Secretary for purposes of this paragraph. (D) Requests for withholding Rules similar to the rules that apply to annuities under subsection ( o )(4) shall apply to requests under this paragraph and paragraph (2).

“supplemental unemployment compensation benefits” applies throughout its chapter

the term “supplemental unemployment compensation benefits” means amounts which are paid to an employee, pursuant to a plan to which the employer is a party, because of an employee’s involuntary separation from employment (whether or not such separation is temporary), resulting directly from a reduction in force, the discontinuance of a plant or operation, or other similar conditions, but only to the extent such benefits are includible in the employee’s gross income. (B) Annuity For purposes of this subsection,

“the amount of wages” applies in that section

the term “the amount of wages” means the amount by which the wages exceed the taxpayer’s withholding allowance, prorated to the payroll period. (b) Percentage method of withholding (1) If wages are paid with respect to a period which is not a payroll period, the withholding allowance allowable with respect to each payment of such wages shall be the allowance allowed for a miscellaneous payroll period containing a number of days (including Sundays and holidays) equal to the number of days in the period with respect to which such wages are paid.

“vehicle fringe benefit” applies in that section

the term “vehicle fringe benefit” means any fringe benefit— (A) which constitutes wages (as defined in section 3401), and (B) which consists of providing a highway motor vehicle for the use of the employee. (t) Rate of withholding for certain stock In the case of any qualified stock (as defined in section 83(i)(2)) with respect to which an election is made under section 83(i)— (1) the rate of tax under subsection (a) shall not be less than the maximum rate of tax in effect under section 1, and (2) such stock shall be treated for purposes of section 3501(b) in the same manner as a non-cash fringe benefit.

“winnings which are subject to withholding” applies in that section

the term “winnings which are subject to withholding” means proceeds from a wager determined in accordance with the following: (A) In general Except as provided in subparagraphs (B) and (C), proceeds of more than $5,000 from a wagering transaction, if the amount of such proceeds is at least 300 times as large as the amount wagered. (B) State-conducted lotteries Proceeds of more than $5,000 from a wager placed in a lottery conducted by an agency of a State acting under authority of State law, but only if such wager is placed with the State agency conducting such lottery, or with its authorized employees or agents.

“commercial annuity” applies in that section

The term “commercial annuity” means an annuity, endowment, or life insurance contract issued by an insurance company licensed to do business under the laws of any State. (7) Plan administrator

“designated distribution” applies in that section

the term “designated distribution” means any distribution or payment from or under— (i) an employer deferred compensation plan, (ii) an individual retirement plan (as defined in section 7701(a)(37)), or (iii) a commercial annuity.

“eligible rollover distribution” applies in that section

the term “eligible rollover distribution” has the meaning given such term by section 402(f)(2)(A). (d) Liability for withholding (1) In general Except as provided in paragraph (2), the payor of a designated distribution (as defined in subsection (e)(1)) shall withhold, and be liable for, payment of the tax required to be withheld under this section.

“employer deferred compensation plan” applies in that section

The term “employer deferred compensation plan” means any pension, annuity, profit-sharing, or stock bonus plan or other plan deferring the receipt of compensation. (6) Commercial annuity

“nonperiodic distribution” applies in that section

The term “nonperiodic distribution” means any designated distribution which is not a periodic payment. [(4) Repealed. Pub. L. 102–318, title V, § 521(b)(38) , July 3, 1992 , 106 Stat. 312 ] (5) Employer deferred compensation plan

“periodic payment” applies in that section

The term “periodic payment” means a designated distribution which is an annuity or similar periodic payment. (3) Nonperiodic distribution

“plan administrator” applies in that section

The term “plan administrator” has the meaning given such term by section 414(g). (8) Maximum amount withheld The maximum amount to be withheld under this section on any designated distribution shall not exceed the sum of the amount of money and the fair market value of other property (other than securities of the employer corporation) received in the distribution. No amount shall be required to be withheld under this section in the case of any designated distribution which consists only of securities of the employer corporation and cash (not in excess of $200) in lieu of financial shares. For purposes of this paragraph,

“securities of the employer corporation” applies in that section

the term “securities of the employer corporation” has the meaning given such term by section 402(e)(4)(E). (9) Separate arrangements to be treated separately If the payor has more than 1 arrangement under which designated distributions may be made to any individual, each such arrangement shall be treated separately. (10) Time and manner of election (A) In general Any election and any revocation under this section shall be made at such time and in such manner as the Secretary shall prescribe.

“withheld” applies in that section

The terms “withholding”, “withhold”, and “withheld” include “deducting”, “deduct”, and “deducted”. (12) Failure to provide correct TIN If— (A) a payee fails to furnish his TIN to the payor in the manner required by the Secretary, or (B) the Secretary notifies the payor before any payment or distribution that the TIN furnished by the payee is incorrect, no election under subsection (a)(2) or (b)(2) shall be treated as in effect and subsection (a)(4) shall not apply to such payee.

“withhold” applies in that section

The terms “withholding”, “withhold”, and “withheld” include “deducting”, “deduct”, and “deducted”. (12) Failure to provide correct TIN If— (A) a payee fails to furnish his TIN to the payor in the manner required by the Secretary, or (B) the Secretary notifies the payor before any payment or distribution that the TIN furnished by the payee is incorrect, no election under subsection (a)(2) or (b)(2) shall be treated as in effect and subsection (a)(4) shall not apply to such payee.

“withholding” applies in that section

The terms “withholding”, “withhold”, and “withheld” include “deducting”, “deduct”, and “deducted”. (12) Failure to provide correct TIN If— (A) a payee fails to furnish his TIN to the payor in the manner required by the Secretary, or (B) the Secretary notifies the payor before any payment or distribution that the TIN furnished by the payee is incorrect, no election under subsection (a)(2) or (b)(2) shall be treated as in effect and subsection (a)(4) shall not apply to such payee.

“broker” applies in that section

The term “broker” has the meaning given to such term by section 6045(c)(1). (B) Only 1 broker per acquisition If, but for this subparagraph, there would be more than 1 broker with respect to any acquisition, only the broker having the closest contact with the payee shall be treated as the broker. (C) Payor not treated as broker In the case of any instrument, such term shall not include any person who is the payor with respect to such instrument. (D) Real estate broker not treated as a broker Except as provided by regulations, such term shall not include any real estate broker (as defined in section 6045(e)(2)). (6) Readily tradable instrument

“other reportable payment” applies in that section

The term “other reportable payment” means any payment of a kind, and to a payee, required to be shown on a return required under— (A) section 6041 (relating to certain information at source), (B) section 6041A(a) (relating to payments of remuneration for services), (C) section 6045 (relating to returns of brokers), (D) section 6050A (relating to reporting requirements of certain fishing boat operators), but only to the extent such payment is in money and represents a share of the proceeds of the catch, (E) section 6050N (relating to payments of royalties), or (F) section 6050W (relating to returns relating to payments made in settlement of payment card transactions).

“payor” applies in that section

The term “payor” means, with respect to any reportable payment, a person required to file a return described in paragraph (2) or (3) of subsection (b) with respect to such payment. (5) Broker (A) In general

“readily tradable instrument” applies in that section

The term “readily tradable instrument” means— (A) any instrument which is part of an issue any portion of which is traded on an established securities market (within the meaning of section 453(f)(5)), and (B) except as otherwise provided in regulations prescribed by the Secretary, any instrument which is regularly quoted by brokers or dealers making a market. (7) Original issue discount To the extent provided in regulations, rules similar to the rules of paragraph (6) of section 6049(d) shall apply.

“reportable interest or dividend payment” applies in that section

The term “reportable interest or dividend payment” means any payment of a kind, and to a payee, required to be shown on a return required under— (i) section 6049(a) (relating to payments of interest), (ii) section 6042(a) (relating to payments of dividends), or (iii) section 6044 (relating to payments of patronage dividends) but only to the extent such payment is in money. (B) Special rule for patronage dividends For purposes of subparagraphs (C) and (D) of subsection (a)(1), the term “reportable interest or dividend payment” shall not include any payment to which section 6044 (relating to patronage dividends) applies unless 50 percent or more of such payment is in money.

“reportable payment” applies in that section

The term “reportable payment” means— (A) any reportable interest or dividend payment, and (B) any other reportable payment. (2) Reportable interest or dividend payment (A) In general

“stop date” applies in that section

the term “stop date” means the determination effective date or, if later, the earlier of— (i) the day on which the payor received notification from the Secretary under subsection (c)(3)(B) to stop withholding, or (ii) the day on which the payor receives from the payee a certification provided by the Secretary under subsection (c)(3)(B). (C) Determination effective date For purposes of this subsection— (i) In general Except as provided in clause (ii), the determination effective date of any determination under subsection (c)(3)(A) which is made during the 12-month period ending on October 15 of any calendar year shall be the first January 1 following such October 15.

“sitters” applies in that section

the term “sitters” means individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled. (c) Regulations The Secretary shall prescribe such regulations as may be necessary to carry out the purpose of this section.

“direct seller” applies in that section

The term “direct seller” means any person if— (A) such person— (i) is engaged in the trade or business of selling (or soliciting the sale of) consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis which the Secretary prescribes by regulations, for resale (by the buyer or any other person) in the home or otherwise than in a permanent retail establishment, (ii) is engaged in the trade or business of selling (or soliciting the sale of) consumer products in the home or otherwise than in a permanent retail establishment, or (iii) is engaged in the trade or business of the delivering or distribution of newspapers or shopping news (including any …

“qualified real estate agent” applies in that section

The term “qualified real estate agent” means any individual who is a sales person if— (A) such individual is a licensed real estate agent, (B) substantially all of the remuneration (whether or not paid in cash) for the services performed by such individual as a real estate agent is directly related to sales or other output (including the performance of services) rather than to the number of hours worked, and (C) the services performed by the individual are performed pursuant to a written contract between such individual and the person for whom the services are performed and such contract provides that the individual will not be treated as an employee with respect to such services for …

“applicable requirements” applies in that section

the term “applicable requirements” means the requirements described in paragraph (1) which would be applicable consistent with the employer’s treatment of the employee as not being an employee for purposes of chapter 24 or subchapter A of chapter 21. (c) Section not to apply in cases of intentional dis­regard This section shall not apply to the determination of the employer’s liability for tax under chapter 24 or subchapter A of chapter 21 if such liability is due to the employer’s intentional disregard of the requirement to deduct and withhold such tax.

“domestic service employment taxes” applies in that section

the term “domestic service employment taxes” means— (1) any taxes imposed by chapter 21 or 23 on remuneration paid for domestic service in a private home of the employer, and (2) any amount withheld from such remuneration pursuant to an agreement under section 3402(p). For purposes of this subsection,

“domestic service in a private home of the employer” applies in that section

the term “domestic service in a private home of the employer” includes domestic service described in section 3121(g)(5). (d) Exception where employer liable for other employment taxes To the extent provided in regulations prescribed by the Secretary, this section shall not apply to any employer for any calendar year if such employer is liable for any tax under this subtitle with respect to remuneration for services other than domestic service in a private home of the employer. (e) General regulatory authority The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section.

“State” applies in that section

the term “State” has the meaning given such term by section 3306(j)(1).

“motion picture project” applies in that section

The term “motion picture project” means the production of any property described in section 168(f)(3). Such term does not include property with respect to which records are required to be maintained under section 2257 of title 18 , United States Code. (4) Affiliate; affiliated A person shall be treated as an affiliate of, or affiliated with, another person if such persons are treated as a single employer under subsection (b) or (c) of section 414.

“motion picture project employer” applies in that section

The term “motion picture project employer” means any person if— (A) such person (directly or through affiliates)— (i) is a party to a written contract covering the services of motion picture project workers with respect to motion picture projects in the course of a client’s trade or business, (ii) is contractually obligated to pay remuneration to the motion picture project workers without regard to payment or reimbursement by any other person, (iii) controls the payment (within the meaning of section 3401(d)(1)) of remuneration to the motion picture project workers and pays such remuneration from its own account or accounts, (iv) is a signatory to one or more collective bargaining …

“motion picture project worker” applies in that section

The term “motion picture project worker” means any individual who provides services on motion picture projects for clients who are not affiliated with the motion picture project employer. (3) Motion picture project

“aircraft museum” applies in that section

the term “aircraft museum” means an organization— (A) described in section 501(c)(3) which is exempt from income tax under section 501(a), (B) operated as a museum under charter by a State or the District of Columbia, and (C) operated exclusively for the procurement, care, and exhibition of aircraft of the type used for combat or transport in World War II. [(i) Repealed. Pub. L. 108–357, title VIII, § 853(d)(2)(D) , Oct. 22, 2004 , 118 Stat. 1613 ] (j) Sales by United States, etc.

“energy equivalent of a gallon of diesel” applies in that section

the term “energy equivalent of a gallon of diesel” means, with respect to a liquefied natural gas fuel, the amount of such fuel having a Btu content of 128,700 (lower heating value). For purposes of the preceding sentence, a Btu content of 128,700 (lower heating value) is equal to 6.06 pounds of liquefied natural gas. (3) Compressed natural gas (A) In general There is hereby imposed a tax on compressed natural gas— (i) sold by any person to an owner, lessee, or other operator of a motor vehicle or motorboat for use as a fuel in such motor vehicle or motorboat, or (ii) used by any person as a fuel in a motor vehicle or motorboat unless there was a taxable sale of such gas under clause (i).

“energy equivalent of a gallon of gasoline” applies in that section

the term “energy equivalent of a gallon of gasoline” means, with respect to a liquefied petroleum gas fuel, the amount of such fuel having a Btu content of 115,400 (lower heating value). For purposes of the preceding sentence, a Btu content of 115,400 (lower heating value) is equal to 5.75 pounds of liquefied petroleum gas. (D) Energy equivalent of a gallon of diesel For purposes of this paragraph,