2018 US Code
Title 26 - Internal Revenue Code
Subtitle A - Income Taxes
Chapter 1 - Normal Taxes and Surtaxes
Subchapter A - Determination of Tax Liability
Part IV - Credits Against Tax
Subpart D - Business Related Credits
Sec. 45P - Employer wage credit for employees who are active duty members of the uniformed services
| 26 U.S.C. § 45P (2018) |
| §45P. Employer wage credit for employees who are active duty members of the uniformed services |
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(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) DefinitionsFor purposes of this section— (1) Eligible differential wage paymentsThe 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. 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. All persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. 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 StatesNo 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. For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply. |
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(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.) |
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REFERENCES IN TEXT
The date of the enactment of this section, referred to in subsec. (d)(1), is the date of the enactment of Pub. L. 110–245, which was approved June 17, 2008. AMENDMENTS2015—Subsec. (a). Pub. L. 114–113, §122(b)(1), struck out ", in the case of an eligible small business employer" after "section 38". Subsec. (b)(3). Pub. L. 114–113, §122(b)(2), amended par. (3) generally. Prior to amendment, par. (3) defined "eligible small business employer". Subsec. (f). Pub. L. 114–113, §122(a), struck out subsec. (f). Text read as follows: "This section shall not apply to any payments made after December 31, 2014." 2014—Subsec. (f). Pub. L. 113–295 substituted "December 31, 2014" for "December 31, 2013". 2013—Subsec. (f). Pub. L. 112–240 substituted "December 31, 2013" for "December 31, 2011". 2010—Subsec. (f). Pub. L. 111–312 substituted "December 31, 2011" for "December 31, 2009". EFFECTIVE DATE OF 2015 AMENDMENTPub. L. 114–113, div. Q, title I, §122(c), Dec. 18, 2015, 129 Stat. 3052, provided that: "(1) Extension.—The amendment made by subsection (a) [amending this section] shall apply to payments made after December 31, 2014. "(2) Modification.—The amendments made by subsection (b) [amending this section] shall apply to taxable years beginning after December 31, 2015." EFFECTIVE DATE OF 2014 AMENDMENTPub. L. 113–295, div. A, title I, §118(b), Dec. 19, 2014, 128 Stat. 4015, provided that: "The amendment made by this section [amending this section] shall apply to payments made after December 31, 2013." EFFECTIVE DATE OF 2013 AMENDMENTPub. L. 112–240, title III, §308(b), Jan. 2, 2013, 126 Stat. 2329, provided that: "The amendment made by this section [amending this section] shall apply to payments made after December 31, 2011." EFFECTIVE DATE OF 2010 AMENDMENTPub. L. 111–312, title VII, §736(b), Dec. 17, 2010, 124 Stat. 3318, provided that: "The amendment made by this section [amending this section] shall apply to payments made after December 31, 2009." EFFECTIVE DATESection applicable to amounts paid after June 17, 2008, see section 111(e) of Pub. L. 110–245, set out as an Effective Date of 2008 Amendment note under section 38 of this title. |
| United States Code, 2018 Edition, Title 26 - INTERNAL REVENUE CODE |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 26 - INTERNAL REVENUE CODE Subtitle A - Income Taxes CHAPTER 1 - NORMAL TAXES AND SURTAXES Subchapter A - Determination of Tax Liability PART IV - CREDITS AGAINST TAX Subpart D - Business Related Credits Sec. 45P - Employer wage credit for employees who are active duty members of the uniformed services |
| section 45P |
| 2018 |
| January 14, 2019 |
| No |
| standard |
| 122 Stat. 1634 124 Stat. 3318 126 Stat. 2329 128 Stat. 4015 129 Stat. 3052 |
| Public Law 110-245, Public Law 111-312, Public Law 112-240, Public Law 113-295, Public Law 114-113 |
