In the case of an employer to whom an election under this section applies for any calendar year, there is hereby imposed a tax for such calendar year equal to 30 percent of the excess fringe benefits.
(1) the aggregate value of the fringe benefits provided by the employer during the calendar year which were not includible in gross income under paragraphs (1) and (2) of , over
(2) 1 percent of the aggregate amount of compensation—
1 percent of the aggregate amount of compensation—
(A) which was paid by the employer during such calendar year to employees, and
(B) was includible in gross income for purposes of chapter 1.
(1) an election under this section is in effect with respect to an employer for any calendar year, and
(2) at all times on or after
January 1, 1984
An election under this section shall apply to the calendar year for which made and all subsequent calendar years unless revoked by the employer.
All employees treated as employed by a single employer under subsection (b), (c), or (m) of section 414 shall be treated as employed by a single employer for purposes of this section.
Except as otherwise provided in regulations, this section shall apply only with respect to employment within the United States.