Page:United States Statutes at Large Volume 92 Part 3.djvu/144

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 2776

PUBLIC LAW 95-600—NOV. 6, 1978 "(4) FORM AND CONTENTS OF CERTIFICATE.—Earned income eligibility certificates shall be in such form and contain such other information as the Secretary may by regulations prescribe. "(5) TAXABLE YEAR DEFINED.—The term 'taxable year' means the last taxable year of the employee under subtitle A beginning in the calendar year in which the wages are paid.". (2) CLERICAL AMENDMENT.—The table of sections for chapter 25 is amended by adding at the end thereof the following new item: "Sec. 3507. Advance payment of earned income credit.". (c) INFORMATION SHOWN ON W-2.—The first sentence of section

26 USC 6051.

6051 (a) (relating to receipts for employees) is amended— (1) by striking out "and" at the end of paragraph (5), (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof ", and", and (3) by adding at the end thereof the following new paragraph: "(7) the total amount paid to the employee under section 3507 (relating to advance payment of earned income credit).".

26 USC 6012.

(d) REQUIREMENT OF RETURN.—Subsection (a) of section 6012 (relat-

Ante, p. 2773. 26 USC 6302.

ing to persons required to make returns of income) is amended by adding at the end thereof the following new paragraph: "(8) Every individual who receives payments during the calendar year in which the taxable year begins under section 3507 (relating to advance payment of earned income credit).". (e) CROSS REFERENCE.—Section 6302 (relating to mode or time of collection) is amended by adding at the end thereof the following new subsection: "(d) CROSS REFERENCE.— "For treatment of payment of earned income advance amounts as payment of withholding and FICA taxes, see section 3507(d).". (f) DISREGARD TO TERMINATE IN 1980.—Section 2(d) of the Revenue

26 USC 43 note. Adjustment Act of 1975 (relating to disregard of refund) is amended— (1) by inserting before "shall not be taken into account" the following: ", and any payment made by an employer under 26 USC 3507. section 3507 of such Code (relating to advance payment of earned income credit)", and (2) by inserting after "shall not be taken into account" the following: "in any year ending before 1980". (g) EFFECTIVE DATE.—

26 USC 43 note.

(1) The amendments made by subsections (a) and (d) shall apply to taxable years beginning after December 31, 1978. 26 USC 3507 (2) The amendments made by subsections (b), (c), and (e) shall "o*^apply to remuneration paid after June 30, 1978. 26 USC 43 note. (3) Subsection (f) shall take effect on the date of the enactment of this Act. SEC. 106. APPLICATION OF CERTAIN CHANGES IN THE CASE OF FISCAL YEAR TAXPAYERS. 26 USC 21. Section 21 (relating to effects of changes in rate of tax) is amended by adding at the end thereof the following new subsection: "(1) CHANGES MADE BY REVENUE ACT OF 1978.—In applying subsec-

tion (a) to a taxable year which is not a calendar year— Ante, pp. 2767, "(1) the amendments made by sections 101,102, and 301 of the 2771; Post, p. Revenue Act of 1978 (and no other amendments made by such 2820. Act), and 26 USC 42. "(2) the expiration of section 42 (relating to general tax credit), shall be treated as a change in a rate of tax.".