26 USC 51 - Amount of credit

1 See References in Text note below.

of the Social Security Act.

Editorial Notes

References in Text

The Social Security Act, referred to in subsecs. (c)(2)(B) and (d)(2)(B), (6)(B)(iii), (9), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and Welfare. Title XVI of the Act is classified generally to subchapter XVI (§ 1381 et seq.) of chapter 7 of Title 42. Section 482 of the Act, which was classified to section 682 of Title 42, was repealed by Puspan. L. 104–193, title I, § 108(e), Aug. 22, 1996, 110 Stat. 2167. Sections 1148(g) and 1616 of the Act are classified to sections 1320span–19(g) and 1382e, respectively, of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Section 3111(d), referred to in subsec. (c)(5), was repealed by Puspan. L. 115–141, div. U, title IV, § 401(span)(34), Mar. 23, 2018, 132 Stat. 1204.

The Food and Nutrition Act of 2008, referred to in subsec. (d)(3)(A)(i), (8)(A)(ii), is Puspan. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. Section 6(o) of the Act is classified to section 2015(o) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

The Rehabilitation Act of 1973, referred to in subsec. (d)(6)(B)(i), is Puspan. L. 93–112, Sept. 26, 1973, 87 Stat. 355, which is classified generally to chapter 16 (§ 701 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.

Section 212 of Public Law 93–66, referred to in subsec. (d)(9), is set out as a note under section 1382 of Title 42, The Public Health and Welfare.

Act of June 6, 1933, referred to in subsec. (d)(12), is act June 6, 1933, ch. 49, 48 Stat. 113, as amended, popularly known as the Wagner-Peyser Act, which is classified generally to chapter 4B (§ 49 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 49 of Title 29 and Tables.

Codification

Puspan. L. 110–234 and Puspan. L. 110–246 made identical amendments to this section. The amendments by Puspan. L. 110–234 were repealed by section 4(a) of Puspan. L. 110–246.

Prior Provisions

A prior section 51, added Puspan. L. 90–364, title I, § 102(a), June 28, 1968, 82 Stat. 252; amended Puspan. L. 91–53, § 5(a), Aug. 7, 1969, 83 Stat. 93; Puspan. L. 91–172, title III, § 301(span)(5), title VII, § 701(a), Dec. 30, 1969, 83 Stat. 585, 657, related to the imposition of a tax surcharge, prior to repeal by Puspan. L. 94–455, title XIX, § 1901(a)(7), Oct. 4, 1976, 90 Stat. 1765.

Amendments

2020—Subsec. (c)(4). Puspan. L. 116–260 substituted “December 31, 2025” for “December 31, 2020”.

2019—Subsec. (c)(4). Puspan. L. 116–94 substituted “December 31, 2020” for “December 31, 2019”.

2018—Subsec. (c)(4). Puspan. L. 115–141, § 401(a)(26), inserted period at end.

Subsec. (d)(3)(A)(ii)(II). Puspan. L. 115–141, § 401(a)(27), inserted comma at end.

Subsec. (d)(8). Puspan. L. 115–141, § 401(a)(28), substituted “supplemental nutrition assistance program benefits recipient” for “food stamp recipient” in span.

Subsec. (i)(1)(A). Puspan. L. 115–141, § 401(a)(29), substituted “entity” for “entity,”.

2015—Subsec. (c)(4). Puspan. L. 114–113, § 142(a), substituted “December 31, 2019” for “December 31, 2014”.

Subsec. (d)(1)(J). Puspan. L. 114–113, § 142(span)(1), added subpar. (J).

Subsec. (d)(15). Puspan. L. 114–113, § 142(span)(2), added par. (15).

2014—Subsec. (c)(4). Puspan. L. 113–295 substituted “for the employer after December 31, 2014” for “for the employer—

“(A) after December 31, 1994, and before October 1, 1996, or

“(B) after December 31, 2013”.

2013—Subsec. (c)(4)(B). Puspan. L. 112–240 substituted “after December 31, 2013” for “after—

“(i) December 31, 2012, in the case of a qualified veteran, and

“(ii) December 31, 2011, in the case of any other individual.”

2011—Subsec. (span)(3). Puspan. L. 112–56, § 261(a), substituted “($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II))” for “($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))”.

Subsec. (c)(4)(B). Puspan. L. 112–56, § 261(d), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “after December 31, 2011.”

Subsec. (d)(3)(A)(iii), (iv). Puspan. L. 112–56, § 261(span), added cls. (iii) and (iv).

Subsec. (d)(13)(D). Puspan. L. 112–56, § 261(c), added subpar. (D).

2010—Subsec. (c)(4)(B). Puspan. L. 111–312 substituted “December 31, 2011” for “August 31, 2011”.

Subsec. (c)(5). Puspan. L. 111–147 added par. (5).

2009—Subsec. (d)(14). Puspan. L. 111–5 added par. (14).

2008—Subsec. (d)(1)(G). Puspan. L. 110–246, § 4002(span)(1)(D), (2)(O), substituted “supplemental nutrition assistance program benefits” for “food stamp”.

Subsec. (d)(3)(A)(i). Puspan. L. 110–246, § 4002(span)(1)(A), (B), (2)(O), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” and “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (d)(8)(A). Puspan. L. 110–246, § 4002(span)(1)(D), (2)(O), substituted “supplemental nutrition assistance program benefits” for “food stamp” in introductory provisions.

Subsec. (d)(8)(A)(ii)(I). Puspan. L. 110–246, § 4002(span)(1)(A), (B), (2)(O), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” and “supplemental nutrition assistance program” for “food stamp program”.

Subsec. (d)(8)(A)(ii)(II). Puspan. L. 110–246, § 4002(span)(1)(B), (2)(O), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

Subsec. (d)(8)(B). Puspan. L. 110–246, § 4002(span)(1)(A), (2)(O), substituted “supplemental nutrition assistance program” for “food stamp program”.

2007—Subsec. (span)(3). Puspan. L. 110–28, § 8211(d)(2), substituted “Limitation on” for “Only first $6,000 of” in span and inserted “($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii))” before period at end.

Subsec. (c)(4)(B). Puspan. L. 110–28, § 8211(a), substituted “August 31, 2011” for “December 31, 2007”.

Subsec. (d)(1)(D). Puspan. L. 110–28, § 8211(span)(2), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “a high-risk youth,”.

Subsec. (d)(3)(A). Puspan. L. 110–28, § 8211(d)(1)(A), substituted “agency as—” and cls. (i) and (ii) for “agency as being a member of a family receiving assistance under a food stamp program under the Food Stamp Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date.”

Subsec. (d)(3)(C). Puspan. L. 110–28, § 8211(d)(1)(B), added subpar. (C).

Subsec. (d)(5). Puspan. L. 110–28, § 8211(span)(1), amended span and text of par. (5) generally. Prior to amendment, text read as follows:

“(A) In general.—The term ‘high-risk youth’ means any individual who is certified by the designated local agency—

“(i) as having attained age 18 but not age 25 on the hiring date, and

“(ii) as having his principal place of abode within an empowerment zone, enterprise community, or renewal community.

“(B) Youth must continue to reside in zone or community.—In the case of a high-risk youth, the term ‘qualified wages’ shall not include wages paid or incurred for services performed while such youth’s principal place of abode is outside an empowerment zone, enterprise community, or renewal community.”

Subsec. (d)(6)(B)(iii). Puspan. L. 110–28, § 8211(c), added cl. (iii).

2006—Subsec. (c)(4)(B). Puspan. L. 109–432, § 105(a), substituted “2007” for “2005”.

Subsec. (d)(1)(I). Puspan. L. 109–432, § 105(e)(1), added subpar. (I).

Subsec. (d)(4). Puspan. L. 109–432, § 105(span), inserted “and” at end of subpar. (A), substituted a period for “, and” at end of subpar. (B), and struck out subpar. (C) and concluding provisions which read as follows:

“(C) as being a member of a family which had an income during the 6 months immediately preceding the earlier of the month in which such income determination occurs or the month in which the hiring date occurs, which, on an annual basis, would be 70 percent or less of the Bureau of Labor Statistics lower living standard.

Any determination under subparagraph (C) shall be valid for the 45-day period beginning on the date such determination is made.”

Subsec. (d)(8)(A)(i). Puspan. L. 109–432, § 105(c), substituted “40” for “25”.

Subsec. (d)(10) to (12). Puspan. L. 109–432, § 105(e)(2), added par. (10) and redesignated former pars. (10) and (11) as (11) and (12), respectively. Former par. (12) redesignated (13).

Subsec. (d)(12)(A)(ii)(II). Puspan. L. 109–432, § 105(d), substituted “28th day” for “21st day”.

Subsec. (d)(13). Puspan. L. 109–432, § 105(e)(2), redesignated par. (12) as (13).

Subsec. (e). Puspan. L. 109–432, § 105(e)(3), added subsec. (e).

2004—Subsec. (c)(4)(B). Puspan. L. 108–311, § 303(a)(1), substituted “2005” for “2003”.

Subsec. (i)(1)(A), (B). Puspan. L. 108–311, § 207(5)(A), substituted “subparagraphs (A) through (G) of section 152(d)(2)” for “paragraphs (1) through (8) of section 152(a)”.

Subsec. (i)(1)(C). Puspan. L. 108–311, § 207(5)(B), substituted “152(d)(2)(H)” for “152(a)(9)”.

2002—Subsec. (c)(4)(B). Puspan. L. 107–147 substituted “2003” for “2001”.

2000—Subsec. (d)(2)(B). Puspan. L. 106–554, § 1(a)(7) [title III, § 316(a)], substituted “program funded” for “plan approved” and struck out “(relating to assistance for needy families with minor children)” after “Social Security Act”.

Subsec. (d)(5)(A)(ii). Puspan. L. 106–554, § 1(a)(7) [title I, § 102(a)], substituted “empowerment zone, enterprise community, or renewal community” for “empowerment zone or enterprise community”.

Subsec. (d)(5)(B). Puspan. L. 106–554, § 1(a)(7) [title I, § 102(a), (c)], inserted “or community” after “zone” in span and substituted “empowerment zone, enterprise community, or renewal community” for “empowerment zone or enterprise community” in text.

Subsec. (d)(7)(A)(iv). Puspan. L. 106–554, § 1(a)(7) [title I, § 102(span)], substituted “empowerment zone, enterprise community, or renewal community” for “empowerment zone or enterprise community”.

Subsec. (d)(7)(C). Puspan. L. 106–554, § 1(a)(7) [title I, § 102(c)], inserted “or community” after “zone” in span.

1999—Subsec. (c)(4)(B). Puspan. L. 106–170, § 505(a), substituted “December 31, 2001” for “June 30, 1999”.

Subsec. (i)(2). Puspan. L. 106–170, § 505(span), struck out “during which he was not a member of a targeted group” before period at end.

1998—Subsec. (c)(4)(B). Puspan. L. 105–277, § 1002(a), substituted “June 30, 1999” for “June 30, 1998”.

Subsec. (d)(6)(B)(i). Puspan. L. 105–277, § 4006(c)(1), substituted “plan for employment” for “rehabilitation plan”.

1997—Subsec. (a). Puspan. L. 105–34, § 603(d)(1), substituted “40 percent” for “35 percent”.

Subsec. (c)(4)(B). Puspan. L. 105–34, § 603(a), substituted “June 30, 1998” for “September 30, 1997”.

Subsec. (d)(1)(H). Puspan. L. 105–34, § 603(c)(1), added subpar. (H).

Subsec. (d)(2)(A). Puspan. L. 105–34, § 603(span)(1), substituted “for any 9 months during the 18-month period ending on the hiring date” for “for at least a 9-month period ending during the 9-month period ending on the hiring date”.

Subsec. (d)(3)(A). Puspan. L. 105–34, § 603(span)(2), amended span and text of subpar. (A) generally. Prior to amendment, text read as follows: “The term ‘qualified veteran’ means any veteran who is certified by the designated local agency as being—

“(i) a member of a family receiving assistance under a IV–A program (as defined in paragraph (2)(B)) for at least a 9-month period ending during the 12-month period ending on the hiring date, or

“(ii) a member of a family receiving assistance under a food stamp program under the Food Stamp Act of 1977 for at least a 3-month period ending during the 12-month period ending on the hiring date.”

Subsec. (d)(9). Puspan. L. 105–34, § 603(c)(2), added par. (9). Former par. (9) redesignated (10).

Puspan. L. 105–33 repealed Puspan. L. 104–193, § 110(l)(1). See 1996 Amendment note below.

Subsec. (d)(10) to (12). Puspan. L. 105–34, § 603(c)(2), redesignated pars. (9) to (11) as (10) to (12), respectively.

Subsec. (i)(3). Puspan. L. 105–34, § 603(d)(2), amended span and text of par. (3) generally. Prior to amendment, text read as follows: “No wages shall be taken into account under subsection (a) with respect to any individual unless such individual either—

“(A) is employed by the employer at least 180 days (20 days in the case of a qualified summer youth employee), or

“(B) has completed at least 400 hours (120 hours in the case of a qualified summer youth employee) of services performed for the employer.”

1996—Subsec. (a). Puspan. L. 104–188, § 1201(a), (e)(1), substituted “work opportunity credit” for “targeted jobs credit” and “35 percent” for “40 percent”.

Subsec. (c)(1). Puspan. L. 104–188, § 1201(f), struck out “, subsection (d)(8)(D),” after “this subsection”.

Subsec. (c)(4). Puspan. L. 104–188, § 1201(d), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “Termination.—The term ‘wages’ shall not include any amount paid or incurred to an individual who begins work for the employer after December 31, 1994.”

Subsec. (d). Puspan. L. 104–188, § 1201(span), reenacted span without change and amended text generally, revising and restating as pars. (1) to (11) provisions formerly contained in pars. (1) to (16).

Subsec. (d)(9). Puspan. L. 104–193, § 110(l)(1), which directed amendment of par. (9) by striking all that follows “agency as” and inserting “being eligible for financial assistance under part A of title IV of the Social Security Act and as having continually received such financial assistance during the 90-day period which immediately precedes the date on which such individual is hired by the employer.”, was repealed by Puspan. L. 105–33.

Subsec. (g). Puspan. L. 104–188, § 1201(e)(1), substituted “work opportunity credit” for “targeted jobs credit”.

Subsec. (i)(3). Puspan. L. 104–188, § 1201(c), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Individuals not meeting minimum employment period.—No wages shall be taken into account under subsection (a) with respect to any individual unless such individual either—

“(A) is employed by the employer at least 90 days (14 days in the case of an individual described in subsection (d)(12)), or

“(B) has completed at least 120 hours (20 hours in the case of an individual described in subsection (d)(12)) of services performed for the employer.”

Subsec. (j). Puspan. L. 104–188, § 1201(e)(5), substituted “Work opportunity credit” for “Targeted jobs credit” in span.

1993—Subsec. (c)(4). Puspan. L. 103–66, § 13102(a), substituted “December 31, 1994” for “June 30, 1992”.

Subsec. (i)(1)(A). Puspan. L. 103–66, § 13302(d), inserted “, or, if the taxpayer is an entity other than a corporation, to any individual who owns, directly or indirectly, more than 50 percent of the capital and profits interests in the entity,” after “of the corporation”.

1991—Subsec. (c)(4). Puspan. L. 102–227 substituted “June 30, 1992” for “December 31, 1991”.

1990—Subsec. (c)(4). Puspan. L. 101–508 substituted “December 31, 1991” for “September 30, 1990”.

1989—Subsec. (c)(4). Puspan. L. 101–239, § 7103(a), substituted “September 30, 1990” for “December 31, 1989”.

Subsec. (d)(16)(C). Puspan. L. 101–239, § 7103(c)(1), added subpar. (C).

1988—Subsec. (c)(2)(B). Puspan. L. 100–485 substituted “section 482(e)” for “section 414”.

Subsec. (c)(4). Puspan. L. 100–647, § 4010(a), substituted “1989” for “1988”.

Subsec. (d)(3)(B). Puspan. L. 100–647, § 4010(c)(1), substituted “age 23” for “age 25”.

Subsec. (d)(12)(B). Puspan. L. 100–647, § 4010(d)(1), redesignated former cls. (ii) and (iii) as (i) and (ii), respectively, and struck out former cl. (i) which provided that subsection (a) shall be applied by substituting “85 percent” for “40 percent”.

Puspan. L. 100–647, § 1017(a), substituted “subsection (a)” for “subsection (a)(1)” in cl. (i).

1987—Subsec. (c)(3), (4). Puspan. L. 100–203 added par. (3) and redesignated former par. (3) as (4).

1986—Subsec. (a). Puspan. L. 99–514, § 1701(span)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “For purposes of section 38, the amount of the targeted jobs credit determined under this section for the taxable year shall be the sum of—

“(1) 50 percent of the qualified first-year wages for such year, and

“(2) 25 percent of the qualified second-year wages for such year.”

Subsec. (span)(3), (4). Puspan. L. 99–514, § 1701(span)(2)(A), redesignated par. (4) as (3) and struck out “, and the amount of the qualified second-year wages,” after “first-year wages” and struck out par. (3) which defined “qualified second-year wages”.

Subsec. (c)(3). Puspan. L. 99–514, § 1701(a), substituted “December 31, 1988” for “December 31, 1985”.

Subsec. (d)(12)(B). Puspan. L. 99–514, § 1701(span)(2)(B), in cl. (i), substituted “40 percent” for “50 percent”, struck out cl. (ii) which directed that subsecs. (a)(2) and (span)(3) were not to apply, redesignated cl. (iii) as cl. (ii), redesignated cl. (iv) as cl. (iii), and in cl. (iii) as so redesignated substituted “subsection (span)(3)” for “subsection (span)(4)”.

Subsec. (i)(3). Puspan. L. 99–514, § 1701(c), added par. (3).

Subsec. (k). Puspan. L. 99–514, § 1878(f)(1), redesignated subsec. (j) added by section 1041(c)(1) of Puspan. L. 98–369 and relating to treatment of successor employers, and employees performing services for other persons, as subsec. (k).

1984—Subsec. (a). Puspan. L. 98–369, § 474(p)(1), substituted “For purposes of section 38, the amount of the targeted jobs credit determined under this section” for “The amount of the credit allowable by section 44B” in introductory provisions.

Subsec. (span)(2). Puspan. L. 98–369, § 1041(c)(4), struck out “(or, in the case of a vocational rehabilitation referral, the day the individual begins work for the employer on or after the beginning of such individual’s rehabilitation plan)” after “begins work for the employer”.

Subsec. (c)(2). Puspan. L. 98–369, § 2638(span), designated existing provisions as subpar. (A), inserted par. (2) span, and added subpar. (B).

Subsec. (c)(3). Puspan. L. 98–369, § 1041(a), substituted “December 31, 1985” for “December 31, 1984”.

Subsec. (d)(6)(B)(ii). Puspan. L. 98–369, § 2663(j)(5)(A), substituted “Secretary of Health and Human Services” for “Secretary of Health Education and Welfare”.

Subsec. (d)(11). Puspan. L. 98–369, § 712(n), made determination respecting membership of a qualified summer youth employee or youth participating in a qualified cooperative education program with respect to an employer applicable for purposes of determining whether such individual is a member of another targeted group with respect to such employer.

Subsec. (d)(12)(A)(ii). Puspan. L. 98–369, § 1041(c)(3), substituted “(or if later, on May 1 of the calendar year involved)” for “(as defined in paragraph (14))”.

Subsec. (d)(16)(A). Puspan. L. 98–369, § 1041(c)(2), inserted “For purposes of the preceding sentence, if on or before the day on which such individual begins work for the employer, such individual has received from a designated local agency (or other agency or organization designated pursuant to a written agreement with such designated local agency) a written preliminary determination that such individual is a member of a targeted group, then ‘the fifth day’ shall be substituted for ‘the day’ in such sentence.”

Subsec. (g). Puspan. L. 98–369, § 474(p)(2), substituted “the targeted jobs credit determined under this subpart” for “the credit provided by section 44B”.

Subsec. (j). Puspan. L. 98–369, § 1041(c)(1), added subsec. (j) relating to treatment of successor employers, and employees performing services for other persons.

Puspan. L. 98–369, § 474(p)(3), added subsec. (j) relating to election to have targeted jobs credit not apply.

1983—Subsec. (d)(8)(D). Puspan. L. 97–448, § 102(l)(1), substituted “clauses (i), (ii), and (iii) of subparagraph (A)” for “subparagraph (A)”.

Subsec. (d)(9)(B). Puspan. L. 97–448, § 102(l)(3), substituted “section 432(span)(1) or 445” for “section 432(span)(1)”.

Subsec. (d)(11). Puspan. L. 97–448, § 102(l)(4), substituted “the earlier of the month in which such determination occurs or the month in which the hiring date occurs” for “the month in which such determination occurs”.

1982—Subsec. (c)(3). Puspan. L. 97–248, § 233(a), substituted “1984” for “1982”.

Subsec. (d)(1)(J). Puspan. L. 97–248, § 233(span)(3), added subpar. (J).

Subsec. (d)(6)(B)(i)(II). Puspan. L. 97–248, § 233(d), substituted “consists of money payments or voucher or scrip, and” for “consists of money payments”.

Subsec. (d)(10). Puspan. L. 97–248, § 233(c), inserted provision respecting nonapplicability of paragraph to individuals who begin work for the employer after December 31, 1982.

Subsec. (d)(12) to (15). Puspan. L. 97–248, § 233(span)(4), (5), added par. (12) and redesignated former pars. (12) to (15) as (13) to (16), respectively.

Subsec. (d)(16). Puspan. L. 97–248, § 233(span)(4), redesignated former par. (15) as (16).

Puspan. L. 97–248, § 233(f), substituted “on or before” for “before” in subpar. (A).

1981—Subsec. (c)(3), (4). Puspan. L. 97–34, § 261(span)(2)(B)(ii), redesignated par. (4) as (3). Former par. (3), which excluded from term “wages” any amount paid or incurred by the employer to an individual with respect to whom the employer claims credit under section 40 of this title, was struck out.

Puspan. L. 97–34, § 261(a), extended termination date to Dec. 31, 1982, from Dec. 31, 1981, and inserted “to an individual who begins work for the employer” after “paid or incurred”.

Subsec. (d)(1)(H), (I). Puspan. L. 97–34, § 261(span)(1), added subpars. (H) and (I).

Subsec. (d)(3)(A)(ii). Puspan. L. 97–34, § 261(span)(2)(B)(iii), substituted “paragraph (11)” for “paragraph (9)”.

Subsec. (d)(4). Puspan. L. 97–34, § 261(span)(2)(B)(iii), (3), in subpar. (B) inserted “and” after “States,” in subpar. (C) substituted “paragraph (11)” for “paragraph (9)”, and struck out “(D) not having attained the age of 35 on the hiring date.”

Subsec. (d)(7)(B). Puspan. L. 97–34, § 261(span)(2)(B)(iii), substituted “paragraph (11)” for “paragraph (9)”.

Subsec. (d)(8)(A)(iv). Puspan L. 97–34, § 261(span)(4), added cl. (iv).

Subsec. (d)(9), (10). Puspan. L. 97–34, § 261(span)(2)(A), added pars. (9) and (10) and redesignated former pars. (9) and (10) as (11) and (12), respectively.

Subsec. (d)(11). Puspan. L. 97–34, § 261(span)(2)(A), (c)(2), redesignated former par. (9) as (11), substituted “70 percent or less” for “less than 70 percent”, and provided for validity of any determination for 45-day period beginning on the date the determination is made. Former par. (11) redesignated (13).

Subsec. (d)(12), (13). Puspan. L. 97–34, § 261(span)(2)(A), redesignated former pars. (10) and (11) as pars. (12) and (13), respectively. Former par. (12) redesignated (14).

Subsec. (d)(14). Puspan. L. 97–34, § 261(f)(1)(A), substituted as definition for term “ ‘designated local agency’ means a State employment security agency established in accordance with the Act of June 6, 1933, as amended (29 U.S.C. 49–49n)” for “ ‘designated local agency’ means the agency for any locality designated jointly by the Secretary and the Secretary of Labor to perform certification of employees for employers in that locality”.

Puspan. L. 97–34, § 261(span)(2)(A), redesignated former par. (12) as (14).

Subsec. (d)(15). Puspan. L. 97–34, § 261(c)(1), added par. (15).

Subsec. (e). Puspan. L. 97–34, § 261(e)(1), struck out subsec. (e) which set forth limitation that qualified first-year wages could not exceed 30 percent of FUTA wages for all employees.

Subsec. (f). Puspan. L. 97–34, § 261(e)(2), substituted “any taxable year” for “any year” in pars. (1) and (2) and struck out par. (3), defining “year” which is covered in pars. (1) and (2).

Subsec. (g). Puspan. L. 97–34, § 261(f)(1)(B), substituted “United States Employment Service” for “Secretary of Labor” in span and text.

Subsec. (i). Puspan. L. 97–34, § 261(d), added subsec. (i).

1980—Subsec. (c)(1). Puspan. L. 96–222, § 103(a)(6)(E)(ii), substituted “, subsection (d)(8)(D), and subsection (h)(2)” for “subsection (h)(2)”.

Subsec. (c)(2). Puspan. L. 96–222, § 103(a)(6)(G)(iii), inserted “or incurred” after “amounts paid”.

Subsec. (c)(4). Puspan. L. 96–222, § 103(a)(6)(A), substituted “December 31, 1981” for “December 31, 1980”.

Subsec. (d)(1)(E). Puspan. L. 96–222, § 103(a)(6)(G)(iv), struck out “or” after “recipient,”.

Subsec. (d)(4)(A)(i). Puspan. L. 96–222, § 103(a)(6)(G)(v), substituted “active duty” for “active day”.

Subsec. (d)(4)(B). Puspan. L. 96–222, § 103(a)(6)(G)(vi), substituted “preemployment” for “premployment”.

Subsec. (d)(5). Puspan. L. 96–222, § 103(a)(6)(G)(vii), substituted “preemployment” for “pre-employment”.

Subsec. (d)(8)(A). Puspan. L. 96–222, § 103(a)(6)(F), substituted “age 20” for “age 19”.

Subsec. (d)(8)(D). Puspan. L. 96–222, § 103(a)(6)(E)(i), in span substituted “Wages” for “Individual must be currently pursuing program” and in text substituted “In the case of remuneration” for “Wages shall be taken into account with respect to a qualified cooperative education program only if the wages are” and inserted “, wages, and unemployment insurance wages, shall be determined without regard to section 3306(c)(10)(C)”.

Subsec. (d)(12). Puspan. L. 96–222, § 103(a)(6)(G)(viii), substituted “employers” for “employer”.

Subsec. (e). Puspan. L. 96–222, § 103(a)(6)(G)(ix), inserted “except as provided in subsection (h)(1)” after “the preceding sentence,”.

1978—Puspan. L. 95–600 amended section generally and limited allowance of credit to the hiring of seven target groups with high unemployment rates.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–260, div. EE, title I, § 113(span), Dec. 27, 2020, 134 Stat. 3050, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2020.”

Effective Date of 2019 Amendment

Puspan. L. 116–94, div. Q, title I, § 143(span), Dec. 20, 2019, 133 Stat. 3234, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2019.”

Effective Date of 2015 Amendment

Puspan. L. 114–113, div. Q, title I, § 142(c), Dec. 18, 2015, 129 Stat. 3056, provided that:

“(1)Extension.—The amendment made by subsection (a) [amending this section] shall apply to individuals who begin work for the employer after December 31, 2014.

“(2)Modification.—The amendments made by subsection (span) [amending this section] shall apply to individuals who begin work for the employer after December 31, 2015.”

Effective Date of 2014 Amendment

Puspan. L. 113–295, div. A, title I, § 119(span), Dec. 19, 2014, 128 Stat. 4015, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2013.”

Effective Date of 2013 Amendment

Puspan. L. 112–240, title III, § 309(span), Jan. 2, 2013, 126 Stat. 2329, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2011.”

Effective Date of 2011 Amendment

Puspan. L. 112–56, title II, § 261(g), Nov. 21, 2011, 125 Stat. 732, provided that: “The amendments made by this section [amending this section and sections 52 and 3111 of this title] shall apply to individuals who begin work for the employer after the date of the enactment of this Act [Nov. 21, 2011].”

Effective Date of 2010 Amendment

Puspan. L. 111–312, title VII, § 757(span), Dec. 17, 2010, 124 Stat. 3322, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after the date of the enactment of this Act [Dec. 17, 2010].”

Puspan. L. 111–147, title I, § 101(e), Mar. 18, 2010, 124 Stat. 75, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this subsection [probably should be “section”, amending this section and sections 3111 and 3221 of this title] shall apply to wages paid after the date of the enactment of this Act [Mar. 18, 2010].

“(2)Railroad retirement taxes.—The amendments made by subsection (d) [amending section 3221 of this title] shall apply to compensation paid after the date of the enactment of this Act.”

Effective Date of 2009 Amendment

Puspan. L. 111–5, div. B, title I, § 1221(span), Fespan. 17, 2009, 123 Stat. 338, provided that: “The amendments made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2008.”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Puspan. L. 110–234 by Puspan. L. 110–246 effective May 22, 2008, the date of enactment of Puspan. L. 110–234, except as otherwise provided, see section 4 of Puspan. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4002(span)(1)(A), (B), (D), (2)(O) of Puspan. L. 110–246 effective Oct. 1, 2008, see section 4407 of Puspan. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2007 Amendment

Puspan. L. 110–28, title VIII, § 8211(e), May 25, 2007, 121 Stat. 192, provided that: “The amendments made by this section [amending this section] shall apply to individuals who begin work for the employer after the date of the enactment of this Act [May 25, 2007].”

Effective Date of 2006 Amendment

Puspan. L. 109–432, div. A, title I, § 105(f), Dec. 20, 2006, 120 Stat. 2938, provided that:

“(1)In general.—Except as provided in paragraph (2), the amendments made by this section [amending this section and section 51A of this title and repealing section 51A of this title] shall apply to individuals who begin work for the employer after December 31, 2005.

“(2)Consolidation.—The amendments made by subsections (span), (c), (d), and (e) [amending this section and repealing section 51A of this title] shall apply to individuals who begin work for the employer after December 31, 2006.”

Effective Date of 2004 Amendment

Amendment by section 207(5) of Puspan. L. 108–311 applicable to taxable years beginning after Dec. 31, 2004, see section 208 of Puspan. L. 108–311, set out as a note under section 2 of this title.

Puspan. L. 108–311, title III, § 303(span), Oct. 4, 2004, 118 Stat. 1179, provided that:“The amendments made by this section [amending this section and section 51A of this title] shall apply to individuals who begin work for the employer after December 31, 2003.”

Effective Date of 2002 Amendment

Puspan. L. 107–147, title VI, § 604(span), Mar. 9, 2002, 116 Stat. 59, provided that: “The amendment made by subsection (a) [amending this section] shall apply to individuals who begin work for the employer after December 31, 2001.”

Effective Date of 2000 Amendment

Puspan. L. 106–554, § 1(a)(7) [title I, § 102(d)], Dec. 21, 2000, 114 Stat. 2763, 2763A–600, provided that: “The amendments made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 2001.”

Puspan. L. 106–554, § 1(a)(7) [title III, § 316(e)], Dec. 21, 2000, 114 Stat. 2763, 2763A–645, provided that: “The amendments made by this section [amending this section and sections 219, 401 and 1361 of this title] shall take effect as if included in the provisions of the Small Business Jospan Protection Act of 1996 [Puspan. L. 104–188] to which they relate.”

Effective Date of 1999 Amendment

Puspan. L. 106–170, title V, § 505(c), Dec. 17, 1999, 113 Stat. 1921, provided that: “The amendments made by this section [amending this section and section 51A of this title] shall apply to individuals who begin work for the employer after June 30, 1999.”

Effective Date of 1998 Amendment

Puspan. L. 105–277, div. J, title I, § 1002(span), Oct. 21, 1998, 112 Stat. 2681–888, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after June 30, 1998.”

Effective Date of 1997 Amendment

Puspan. L. 105–34, title VI, § 603(e), Aug. 5, 1997, 111 Stat. 863, provided that: “The amendments made by this section [amending this section] shall apply to individuals who begin work for the employer after September 30, 1997.”

Puspan. L. 105–33, title V, § 5518(c), Aug. 5, 1997, 111 Stat. 621, provided that: “The amendments made by section 5514(a) of this Act [amending this section and sections 3304, 6103, 6334, 6402, and 7523 of this title] shall take effect as if the amendments had been included in section 110 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Puspan. L. 104–193] at the time such section 110 became law.”

Effective Date of 1996 Amendment

Amendment by Puspan. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Puspan. L. 104–193, as amended, set out as an Effective Date note under section 601 of Title 42, The Public Health and Welfare.

Amendment by Puspan. L. 104–188 applicable to individuals who begin work for the employer after Sept. 30, 1996, see section 1201(g) of Puspan. L. 104–188, set out as a note under section 38 of this title.

Effective Date of 1993 Amendment

Puspan. L. 103–66, title XIII, § 13102(span), Aug. 10, 1993, 107 Stat. 420, provided that: “The amendment made by subsection (a) [amending this section] shall apply to individuals who begin work for the employer after June 30, 1992.”

Effective Date of 1991 Amendment

Puspan. L. 102–227, title I, § 105(span), Dec. 11, 1991, 105 Stat. 1687, provided that: “The amendment made by this section [amending this section] shall apply to individuals who begin work for the employer after December 31, 1991.”

Effective Date of 1990 Amendment

Puspan. L. 101–508, title XI, § 11405(c), Nov. 5, 1990, 104 Stat. 1388–473, provided that:

“(1)Credit.—The amendment made by subsection (a) [amending this section] shall apply to individuals who begin work for the employer after September 30, 1990.

“(2)Authorization.—The amendment made by subsection (span) [amending provisions set out below] shall apply to fiscal years beginning after 1990.”

Effective Date of 1989 Amendment

Puspan. L. 101–239, title VII, § 7103(c)(2), Dec. 19, 1989, 103 Stat. 2305, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to individuals who begin work for the employer after December 31, 1989.”

Effective Date of 1988 Amendment

Amendment by section 1017(a) of Puspan. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Puspan. L. 99–514, to which such amendment relates, see section 1019(a) of Puspan. L. 100–647, set out as a note under section 1 of this title.

Puspan. L. 100–647, title IV, § 4010(c)(2), Nov. 10, 1988, 102 Stat. 3655, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to individuals who begin work for the employer after December 31, 1988.”

Puspan. L. 100–647, title IV, § 4010(d)(2), Nov. 10, 1988, 102 Stat. 3655, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to individuals who begin work for the employer after December 31, 1988.”

Amendment by Puspan. L. 100–485 effective Oct. 1, 1990, with provision for earlier effective dates in case of States making certain changes in their State plans and formally notifying the Secretary of Health and Human Services of their desire to become subject to the amendments made by title II of Puspan. L. 100–485 on the earlier effective dates, see section 204 of Puspan. L. 100–485, set out as a note under section 671 of Title 42, The Public Health and Welfare.

Effective Date of 1987 Amendment

Puspan. L. 100–203, title X, § 10601(span), Dec. 22, 1987, 101 Stat. 1330–451, provided that: “The amendment made by subsection (a) [amending this section] shall apply to amounts paid or incurred on or after January 1, 1987, for services rendered on or after such date.”

Effective Date of 1986 Amendment

Puspan. L. 99–514, title XVII, § 1701(e), Oct. 22, 1986, 100 Stat. 2772, provided that: “The amendments made by this section [amending this section and provisions set out below] shall apply with respect to individuals who begin work for the employer after December 31, 1985.”

Amendment by section 1878(f)(1) of Puspan. L. 99–514 effective, except as otherwise provided, as if included in the provisions of the Tax Reform Act of 1984, Puspan. L. 98–369, div. A, to which such amendment relates, see section 1881 of Puspan. L. 99–514, set out as a note under section 48 of this title.

Effective Date of 1984 Amendment

Amendment by section 474(p)(1)–(3) of Puspan. L. 98–369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Puspan. L. 98–369, set out as a note under section 21 of this title.

Amendment by section 712 of Puspan. L. 98–369 effective as if included in the provision of the Tax Equity and Fiscal Responsibility Act of 1982, Puspan. L. 97–248, to which such amendment relates, see section 715 of Puspan. L. 98–369, set out as a note under section 31 of this title.

Puspan. L. 98–369, div. A, title X, § 1041(c)(5), July 18, 1984, 98 Stat. 1043, as amended by Puspan. L. 99–514, § 2, title XVIII, § 1878(f)(2), Oct. 22, 1986, 100 Stat. 2095, 2904, provided that:

“(A)In general.—Except as provided in subparagraph (B), the amendments made by this section [amending this section] shall apply to individuals who begin work for the employer after the date of the enactment of this Act [July 18, 1984].

“(B)Special rule for employees performing services for other persons.—Paragraph (2) of section 51(k) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (as added by this subsection) and the amendment made by paragraph (3) of this subsection [amending this section] shall apply to individuals who begin work for the employer after December 31, 1984.”

Puspan. L. 98–369, div. B, title VI, § 2638(c)(2), July 18, 1984, 98 Stat. 1144, provided that: “The amendments made by subsection (span) [amending this section] shall apply with respect to payments made on or after the date of the enactment of this Act [July 18, 1984].”

Amendment by section 2663 of Puspan. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status or interpretation which existed (under the provisions of law involved) before that date, see section 2664(span) of Puspan. L. 98–369, set out as a note under section 401 of Title 42, The Public Health and Welfare.

Effective Date of 1983 Amendment

Puspan. L. 97–448, title I, § 102(l)(4), Jan. 12, 1983, 96 Stat. 2374, provided that the amendment made by that section is effective with respect to certifications made after Jan. 12, 1983, with respect to individuals beginning work for an employer after May 11, 1982.

Amendment by title I of Puspan. L. 97–448 effective, except as otherwise provided, as if it had been included in the provision of the Economic Recovery Tax Act of 1981, Puspan. L. 97–34, to which such amendment relates, see section 109 of Puspan. L. 97–448, set out as a note under section 1 of this title.

Effective Date of 1982 Amendment

Puspan. L. 97–248, title II, § 233(f), Sept. 3, 1982, 96 Stat. 502, provided that the amendments made by that section are effective only with respect to individuals who begin work for the taxpayer after May 11, 1982.

Puspan. L. 97–248, title II, § 233(g), Sept. 3, 1982, 96 Stat. 503, provided that:

“(1)Subsection (span).—The amendments made by subsection (span) [amending this section] shall apply to amounts paid or incurred after April 30, 1983, to individuals beginning work for the employer after such date.

“(2)Subsection (d).—The amendments made by subsection (d) [amending this section] shall apply to amounts paid or incurred after July 1, 1982, to individuals beginning work for the employer after such date.”

Effective Date of 1981 Amendment

Puspan. L. 97–34, title II, § 261(g), Aug. 13, 1981, 95 Stat. 263, as amended by Puspan. L. 97–448, title I, § 102(l)(2), Jan. 12, 1983, 96 Stat. 2374; Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(1)Amendments relating to members of targeted groups.—

“(A)In general.—Except as provided in subparagraphs (B), (C), and (D), the amendments made by subsections (span), (c)(2), and (d) [amending this section and section 50B of this title] shall apply to wages paid or incurred with respect to individuals first beginning work for an employer after the date of the enactment of this Act [Aug. 13, 1981] in taxable years ending after such date.

“(B)Eligible work incentive employees.—The amendments made by subsection (span)(2) [amending this section] to the extent relating to the designation of eligible work incentive employees (within the meaning of section 51(d)(9) [now 51(d)(10)] of the Internal Revenue Code of 1986 [formerly I.R.C. 1954]) as members of a targeted group and subsection (span)(2)(B)(ii) [amending this section] shall apply to taxable years beginning after December 31, 1981. In the case of an eligible work incentive employee, subsections (a) and (span) of section 51 of such Code shall be applied for taxable years beginning after December 31, 1981, as if such employees had been members of a targeted group for taxable years beginning before January 1, 1982.

“(C)Cooperative education program participants.—The amendments made by subsection (span)(4) [amending this section] shall apply to wages paid or incurred after December 31, 1981, in taxable years ending after such date.

“(D)Designated local agency.—The amendments made by subsection (f)(1) [amending this section] shall take effect on the date 60 days after the date of the enactment of this act [Aug. 13, 1981].

“(2)Certifications.—

“(A)In general.—The amendment made by subsection (c)(1) [amending this section] shall apply to all individuals whether such individuals began work for their employer before, on, or after the date of the enactment of this Act [Aug. 13, 1981].

“(B)Special rule for individuals who began work for the employer before 45th day before date of enactment.—In the case of any individual (other than an individual described in section 51(d)(8) of the Internal Revenue Code of 1986) who began work for the employer before the date 45 days before the date of the enactment of this Act [Aug. 13, 1981], paragraph (15) of section 51(d) of the Internal Revenue Code of 1986 (as added by subsection (c)(1)) shall be applied by substituting ‘July 23, 1981,’ for the day on which such individual begins work for the employer.

“(C)Individuals who begin work for employer within 45 days before or after date of enactment.—In the case of any individual (other than an individual described in section 51(d)(8) of the Internal Revenue Code of 1986) who begins work for the employer during the 90-day period beginning with the date 45 days before the date of the enactment of this Act [Aug. 13, 1981], and in the case of an individual described in section 51(d)(8) of such Code who begins work before the end of such 90-day period, paragraph (15) of section 51(d) of such Code (as added by subsection (c)(1)) shall be applied by substituting ‘the last day of the 90-day period beginning with the date 45 days before the date of the enactment of this Act’ for the day on which such individual begins work for the employer.

“(3)Limitation on qualified first-year wages.—The amendment made by subsection (e) [amending this section] shall apply to taxable years beginning after December 31, 1981.”

Effective Date of 1980 Amendment

Puspan. L. 96–222, title I, § 103(span)(1), Apr. 1, 1980, 94 Stat. 214, provided that: “The amendment made by subsection (a)(5)(F) [probably means subsec. (a)(6)(F), amending this section] shall apply to wages paid or incurred on or after November 27, 1979, in taxable years ending on or after such date.”

Amendment by Puspan. L. 96–222 effective, except as otherwise provided, as if it had been included in the provisions of the Revenue Act of 1978, Puspan. L. 95–600, to which such amendment relates, see section 201 of Puspan. L. 96–222, set out as a note under section 32 of this title.

Effective Date of 1978 Amendment

Puspan. L. 95–600, title III, § 321(d)(1), Nov. 6, 1978, 92 Stat. 2835, provided that: “Except as otherwise provided in this subsection, the amendments made by this section [amending this section and sections 44B, 52, 53, and 6501 of this title] shall apply to amounts paid or incurred after December 31, 1978, in taxable years ending after such date.”

Effective Date

Puspan. L. 95–30, title II, § 202(e), May 23, 1977, 91 Stat. 151, provided that: “The amendments made by this section [enacting this section and sections 44B, 52, 53, and 280C of this title and amending sections 56, 381, 383, 6096, 6411, 6501, 6511, 6601, and 6611 of this title] shall apply to taxable years beginning after December 31, 1976, and to credit carrybacks from such years.”

Returning Heroes and Wounded Warriors Work Opportunity Tax Credits; Treatment of Possessions of United States

Puspan. L. 112–56, title II, § 261(f), Nov. 21, 2011, 125 Stat. 731, provided that:

“(1)Payments to possessions.—

“(A)Mirror code possessions.—The Secretary of the Treasury shall pay to each possession of the United States with a mirror code tax system amounts equal to the loss to that possession by reason of the amendments made by this section [amending this section and sections 52 and 3111 of this title]. Such amounts shall be determined by the Secretary of the Treasury based on information provided by the government of the respective possession of the United States.

“(B)Other possessions.—The Secretary of the Treasury shall pay to each possession of the United States which does not have a mirror code tax system the amount estimated by the Secretary of the Treasury as being equal to the loss to that possession that would have occurred by reason of the amendments made by this section if a mirror code tax system had been in effect in such possession. The preceding sentence shall not apply with respect to any possession of the United States unless such possession establishes to the satisfaction of the Secretary that the possession has implemented (or, at the discretion of the Secretary, will implement) an income tax benefit which is substantially equivalent to the income tax credit in effect after the amendments made by this section.

“(2)Coordination with credit allowed against united states income taxes.—The credit allowed against United States income taxes for any taxable year under the amendments made by this section to section 51 of the Internal Revenue Code of 1986 [26 U.S.C. 51] to any person with respect to any qualified veteran shall be reduced by the amount of any credit (or other tax benefit described in paragraph (1)(B)) allowed to such person against income taxes imposed by the possession of the United States by reason of this subsection with respect to such qualified veteran for such taxable year.

“(3)Definitions and special rules.—

“(A)Possession of the united states.—For purposes of this subsection, the term ‘possession of the United States’ includes American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands.

“(B)Mirror code tax system.—For purposes of this subsection, the term ‘mirror code tax system’ means, with respect to any possession of the United States, the income tax system of such possession if the income tax liability of the residents of such possession under such system is determined by reference to the income tax laws of the United States as if such possession were the United States.

“(C)Treatment of payments.—For purposes of section 1324(span)(2) of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from credit provisions described in such section.”

Reference to Plan for Employment

Puspan. L. 105–277, div. J, title IV, § 4006(c)(1), Oct. 21, 1998, 112 Stat. 2681–912, provided that: “The reference to ‘plan for employment’ in such clause [26 U.S.C. 51(d)(6)(B)(i)] shall be treated as including a reference to the rehabilitation plan referred to in such clause as in effect before the amendment made by the preceding sentence.”

Authorization of Appropriations

Puspan. L. 97–34, title II, § 261(f)(2), Aug. 13, 1981, 95 Stat. 263, as amended by Puspan. L. 97–248, title II, § 233(e), Sept. 3, 1982, 96 Stat. 502; Puspan. L. 98–369, div. A, title X, § 1041(span), July 18, 1984, 98 Stat. 1042; Puspan. L. 99–514, title XVII, § 1701(d), Oct. 22, 1986, 100 Stat. 2772; Puspan. L. 100–647, title IV, § 4010(span), Nov. 10, 1988, 102 Stat. 3655; Puspan. L. 101–239, title VII, § 7103(span), Dec. 19, 1989, 103 Stat. 2305; Puspan. L. 101–508, title XI, § 11405(span), Nov. 5, 1990, 104 Stat. 1388–473, provided that:

“There is authorized to be appropriated for each fiscal year such sums as may be necessary, to carry out the functions described by the amendments made by paragraph (1) [amending this section], except that, of the amounts appropriated pursuant to this paragraph—

“(A) $5,000,000 shall be used to test whether individuals certified as members of targeted groups under section 51 of such Code are eligible for such certification (including the use of statistical sampling techniques), and

“(B) the remainder shall be distributed under performance standards prescribed by the Secretary of Labor.

The Secretary of Labor shall each calendar year beginning with calendar year 1983 report to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate with respect to the results of the testing conducted under subparagraph (A) during the preceding calendar year.”

[For termination, effective May 15, 2000, of reporting provisions in section 261(f)(2) of Puspan. L. 97–34, set out above, see section 3003 of Puspan. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 124 of House Document No. 103–7.]

[Amendment by Puspan. L. 101–508 applicable to fiscal years beginning after 1990, see section 11405(c)(2) of Puspan. L. 101–508, set out as an Effective Date of 1990 Amendment note above.]

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of this title.

Special Rules for Newly Targeted Groups

Puspan. L. 95–600, title III, § 321(d)(2), Nov. 6, 1978, 92 Stat. 2835, as amended by Puspan. L. 96–222, title I, § 103(a)(6)(C), (G)(xi), Apr. 1, 1980, 94 Stat. 209, 211; Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:

“(A)Individual must be hired after september 26, 1978.—In the case of a member of a newly targeted group, for purposes of applying the amendments made by this section—

“(i) such individual shall be taken into account for purposes of the credit allowable by section 44B of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] only if such individual is first hired by the employer after September 26, 1978, and

“(ii) such individual shall be treated for purposes of such credit as having first begun work for the employer not earlier than January 1, 1979.

“(B) Member of newly targeted group defined.—For purposes of subparagraph (A), an individual is a member of a newly targeted group if—

“(i) such individual meets the requirements of paragraph (1) of section 51(d) of such Code, and

“(ii) in the case of an individual meeting the requirements of subparagraph (A) of such paragraph (1), a credit was not claimed for such individual by the taxpayer for a taxable year beginning before January 1, 1979.”

Credit Allowable by Section 44B in Case of Taxable Year Beginning in 1978 and Ending After December 31, 1978

Puspan. L. 95–600, title III, § 321(d)(3), Nov. 6, 1978, 92 Stat. 2836, as amended by Puspan. L. 96–222, title I, § 103(a)(6)(D), Apr. 1, 1980, 94 Stat. 209; Puspan. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “In the case of a taxable year which begins in 1978 and ends after December 31, 1978, the amount of the credit determined under section 51 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] shall be the sum of—

“(A) the amount of the credit which would be so determined without regard to the amendments made by this section, plus

“(B) the amount of the credit which would be so determined by reason of the amendments made by this section.”