12 2 STA T . 1 634PUBLIC LA W 11 0– 24 5—J U NE 1 7, 200 8‘ ‘ (B)AP P LICAB L ERU LE S.—Forpu rpo se so f su b p a ra -g rap h (A) , ru l ess im ilar t o the rules of subparagraphs (B) a nd ( D ) shall appl y . ’ ’. (b) EF FEC T I V E DATE.— T he amendment made by subse c tion (a) shall apply to ta x able years beginning after December 31 , 20 0 7 . SEC.1 11. C R E DITFO RE MPL O Y ER DIFFERE N TI A L W A G E PAYMENTS TO EMPLOYEES W H O ARE ACTI V ED U TY MEM B ERS OF THE UNIFORMED SERVICES. (a) ING ENERAL.— S ubpart D of part I V of subchapter A of chapter 1 (relating to business credits) is amended by adding at the end the follo w ing new section
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‘SEC. 45 P. EMPLOYER WAGE CREDIT FOR EMPLOYEES WHO ARE ACTIVE DUTY MEMBERS OF THE UNIFORMED SERVICES. ‘‘(a) GENERAL R ULE.—For purposes of section 3 8 , in the case of an eligible small business employer, the differential wage pay- ment credit for any taxable year is an amount e q ual 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) DEFINITI O NS.—For purposes of this section— ‘‘(1) ELI G IBLE D IFFERENTIAL W AGE PA YM ENTS.—The term ‘eligible differential wage payments’ means, with respect to each qualified employee, so much of the differential wage pay- ments (as defined in section 3 4 01(h)(2)) paid to such employee for the taxable year as does not exceed $ 20,000. ‘‘(2) Q UALIFIED EMPLOYEE.—The term ‘qualified employee’ means a person who has been an employee of the taxpayer for the 9 1-day period immediately preceding the period for which any differential wage payment is made. ‘‘(3) ELIGIBLE SMALL BUSINESS EMPLOYER.— ‘‘(A) IN GENERAL.—The term ‘eligible small business employer’ means, with respect to any taxable year, any employer which— ‘‘(i) employed an a v erage of less than 5 0 employees on business days during such taxable year, and ‘‘(ii) under a written plan of the employer, provides eligible differential wage payments to every qualified employee of the employer. ‘‘(B) C ONTROLLED GROUPS.—For purposes of subpara- graph (A), 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 W IT HO THER CREDITS.—The amount of credit otherwise allowable under this chapter with respect to com- pensation 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 EMPLOY- MENT OR REEMPLOYMENT RIGHTS OF M EMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES OF THE U NITED STATES.— N o credit shall be allowed under subsection (a) to a taxpayer for— ‘‘(1) any taxable year, beginning after the date of the enact- ment of this section, in which the taxpayer is under a final order, j udgment, 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 26USC1 21 note.
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