Warbelow's Air Ventures - Page 5




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          year business credit includes the IEC determined under section              
          45A(a).  Sec. 38(b)(10).  Section 45A(a) provides:                          
                    SEC. 45A(a).  Amount of Credit.--For purposes of                  
               section 38, the amount of the Indian employment credit                 
               determined under this section with respect to any                      
               employer for any taxable year is an amount equal to 20                 
               percent of the excess (if any) of--                                    
                         (1)  the sum of--                                            
                              (A)  the qualified wages paid or                        
                         incurred during such taxable year, plus                      
                              (B)  qualified employee health insurance                
                         costs paid or incurred during such taxable                   
                         year, over                                                   
                         (2) the sum of the qualified wages and                       
                    qualified employee health insurance costs                         
                    (determined as if this section were in effect)                    
                    which were paid or incurred by the employer (or                   
                    any predecessor) during calendar year 1993.                       
                    [Emphasis added.]                                                 
          “Qualified wages” are defined as “any wages paid or incurred by             
          an employer for services performed by an employee while such                
          employee is a qualified employee.”  Sec. 45A(b) (emphasis added).           
          A “qualified employee” is defined in section 45A(c)(1) as:                  
                    (1)  In general.--Except as otherwise provided in                 
               this subsection, the term “qualified employee” means,                  
               with respect to any period, any employee of an employer                
               if--                                                                   
                              (A)  the employee is an enrolled                        
                         member of an Indian tribe or the spouse                      
                         of an enrolled member of an Indian                           
                         tribe,                                                       
                              (B)  substantially all of the                           
                         services performed during such period by                     







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Last modified: May 25, 2011