Page:United States Statutes at Large Volume 107 Part 1.djvu/517

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 491 base determined under section 230 of the Social Security Act for the calendar year in which such taxable year begins. "(ii) TREATMENT OF PART-TIME EMPLOYEES, ETC. — If— "(I) any employee is not employed by the possession corporation on a substantially full-time oasis at all times during the taxable year, or "(II) the principal place of employment of any employee with the possession corporation is not wiuiin a possession at all times during the taxable year, the limitation applicable under clause (i) with respect to such employee shall be the appropriate portion (as determined by the Secretary) or the limitation which would otherwise be in effect under clause (i). "(C) TREATMENT OF CERTAIN EMPLOYEES. —The term 'qualified possession wages' shall not include any wages paid to employees who are assigned by the employer to perform services for another person, unless the principal trade or business of the employer is to make employees available for temporary periods to other persons in return for compensation. All possession corporations treated as 1 corporation under paragraph (5) snail be treated as 1 employer for purposes of the preceding sentence. "(D) WAGES.— "(i) IN GENERAL. — Except as provided in clause (ii), the term ^wages' has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section). For purposes of the preceding sentence, such subsection (b) snail be applied as if the term United States' included all possessions of the United States. "(ii) SPECIAL RULE FOR AGRICULTURAL LABOR AND RAILWAY LABOR.— In any case to which subparagraph (A) or (B) of paragraph (1) of section 51(n) applies, the term 'wages' has the meaning given to such term by section 51(h)(2). "(2) ALLOCABLE EMPLOYEE FRINGE BENEFIT EXPENSES. — "(A) IN GENERAL. —The allocable employee fringe benefit expenses of any possession corporation for any taxable year is an amount which bears the same ratio to the amount determined under subparagraph (B) for such taxable year as— "(i) the aggregate amount of the possession corporation's qualified possession wages for such taxable year, bears to "(ii) the aggregate amount of the wages paid or incurred by such possession corporation (Turing such taxable year. In no event shall the amount determined under the preceding sentence exceed 15 percent of the amount referred to in clause (i). "(B) EXPENSES TAKEN INTO ACCOUNT.—For purposes of subparagraph (A), the amount determined under this subparagraph for any taxable year is the aggregate amount

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