Page:United States Statutes at Large Volume 92 Part 3.djvu/143

 PUBLIC LAW 95-600—NOV. 6, 1978

92 STAT. 2775

treated as the failure at such time to deduct and withhold under chapter 24 an amount equal to the amount of such advance 26 USC 3401 et payment. ^^9 "(e) FURNISHING AND TAKING EFFECT OF CERTIFICATES.—For purposes of this section— "(1) WHEN CERTIFICATE TAKES EFFECT.— "(A) FIRST CERTIFICATE FURNISHED.—An earned income

eligibility certificate furnished the employer in cases in which no previous such certificate had been in effect for the calendar year shall take effect as of the beginning of the first payroll period ending, or the first payment of wages made without regard to a payroll period, on or after the date on which such certificate is so furnished (or if later, the first day of the calendar year for which furnished). "(B) LATER CERTIFICATE.—An earned income eligibility certificate furnished the employer in cases in which a previous such certificate had been in effect for the calendar year shall take effect with respect to the first payment of wages made on or after the first status determination date which occurs at least 30 days after the date on which such certificate is so furnished, except that at the election of the employer such certificate may be made effective with respect. to any payment of wages made on or after the date on which such certificate is so furnished. For purposes of this section, the term 'status determination date' means January 1, May 1, July 1, and October 1 of each year. "(2) PERIOD DURING WHICH CERTIFICATE REMAINS IN EFFECT.—

An earned income eligibility certificate which takes effect under this section for any calendar year shall continue in effect with respect to the employee during such calendar year until revoked by the employee or until another such certificate takes effect under this section. "(3) CHANGE OF STATUS.— "(A) REQUIREMENT TO REVOKE OR FURNISH NEW CERTIFI-

CATE.—If, after an employee has furnished an earned income eligibility certificate under this section, there has been a change of circumstances which has the effect of— "(i) making the employee ineligible for the credit provided by section 43 for the taxable year, or ^me, pp. 2772, "(ii) causing an earned income eligibility certificate to '^'^'^^• be in effect with respect to the spouse of the employee, the employee shall, within 10 days after such change in circumstances, furnish the employer with a revocation of such certificate or with a new certificate (as the case may be). Such a revocation (or such a new certificate) shall take effect under the rules provided by paragraph (1)(B) for a later certificate and shall be made in such form as the Secretary shall by regulations prescribe. "(B) CERTIFICATE NO LONGER IN EFFECT.—If, after an employee has furnished an earned income eligibility certificate under this section which certifies that such a certificate is in effect with respect to the spouse of the employee, such a certificate is no longer in effect with respect to such spouse, then the employee may furnish the employer with a new earned income eligibility certificate.

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