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.
(1) Eligible differential wage payments
The term “eligible differential wage payments” means, with respect to each qualified employee, so much of the differential wage payments (as defined in ) paid to such employee for the taxable year as does not exceed $20,000.
(2) Qualified employee
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.
(3) Controlled groups
All persons treated as a single employer under subsection (b), (c), (m), or (
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.
(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
(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.