26 U.S.C. § 45P
Employer wage credit for employees who are active duty members of the uniformed services
United States · Title 26 — INTERNAL REVENUE CODE · Status: effective
Cite this
- Citation
- 26 U.S.C. § 45P, Employer wage credit for employees who are active duty members of the uniformed services, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/462095
- Permanent ID
ys:prov:462095@1- SHA-256
d0ed46e737ded2ff3e236ba416782984aad8644785fa834776f60edf10b3fa36
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
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.
For purposes of this section—
The term “eligible differential wage payments” means, with respect to each qualified employee, so much of the differential wage payments (as defined in section 3401(h)(2)) paid to such employee for the taxable year as does not exceed $20,000.
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.
No credit shall be allowed under subsection (a) to a taxpayer for—
For purposes of this section, rules similar to the rules of subsections (c), (d), and (e) of section 52 shall apply.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Heroes Earnings Assistance and Relief Tax Act of 2008House: 403–0Senate: no recorded tally
- Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010House: 277–148Senate: no recorded tally
- American Taxpayer Relief Act of 2012
- Tax Increase Prevention Act of 2014
- Consolidated Appropriations Act, 2016