Page:United States Statutes at Large Volume 107 Part 1.djvu/587

 PUBLIC LAW 103-66 —AUG. 10, 1993 107 STAT. 561 "(C) the principal place of abode of such employee while performing such services is on or near the reservation in which the services are performed. "(2) INDIVIDUALS RECEIVING WAGES IN EXCESS OF $3O,OOO NOT ELIGIBLE. —An employee shall not be treated as a qualified employee for any taxable year of the employer if IJie toted amount of the wages paid or incurred by such employer to such employee during such taxable year (whether or not for services within an Indian reservation) exceeds the amount determined at an aimual rate of $30,000. the $30,000 amount under paragraph (2) for years beginning after 1994 at the same time and in the same manner as under section 415(d). "(4) EMPLOYMENT MUST BE TRADE OR BUSINESS EMPLOY- MENT.— An employee shall be treated as a qualified employee for any taxable year of the employer only if more than 50 percent of the wages paid or incurred by the employer to such employee during such taxable year are for services performed in a trade or business of the employer. Any determination as to whether the preceding sentence applies with respect to any employee for any taxable year shall be made without regard to subsection (e)(2). "(5) CERTAIN EMPLOYEES NOT ELIGIBLE.— The term 'qualified employee' shall not include— "(A) any individual described in subparagraph (A), (B), or (C) of section 5l(i)( 1), "(B) any 5-percent owner (as defined in section 416(i)(l)(B)),and "(C) any individual if the services performed by such individual for the employer involve the conduct of class I, II, or III gaming as defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2703), or are performed in a building housing such gaming activity. "(6) INDIAN TRIBE DEFINED. —The term 'Indian tribe' means any Indian tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village, or regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) which is recognized as eligible for the special programs and services provided by the United States to Indians b^ause of their status as Indians. "(7) INDIAN RESERVATION DEFINED.— The term 'Indian reservation' has the meaning given such term by section 168(j)(6). "(d) EARLY TERMINATION OF EMPLOYMENT BY EMPLOYER. — "(1) IN GENERAL.— If the employment of any employee is terminated by the taxpayer before the day 1 year after the day on which such employee began work for the employer— "(A) no wages (or qualified employee health insurance costs) with respect to such employee shall be taken into account under subsection (a) for the taxable year in which such employment is terminated, and "(B) the tax under this chapter for the taxable year in which such employment is terminated shall be increased by itie aggregate credits (if any) allowed under section 38(a) for prior taxable years by reason of wages (or qualified
 * (3) INFLATION ADJUSTMENT. —The Secretary shall adjust

�