Page:United States Statutes at Large Volume 92 Part 3.djvu/467

 PUBLIC LAW 95-615—NOV. 8, 1978 "(2)

92 STAT. 3099

PRESENCE I N FOREIGN COUNTRY FOR IT M O N T H S. — I f such

individual is described in section 9 1 3 (a)(2), amounts received from sources within qualified foreign countries (except amounts paid by the United States or any agency thereof) which constitute earned income attributable to services performed during the 18-month period. The amount excluded under this paragraph for any taxable year shall be computed by applying the special rules contained in subsection (c). A n individual shall not be allowed as a deduction from his gross income or as a credit against the tax imposed by this chapter any credit for the amount of taxes paid or accrued to a foreign country or possession of the United States, to the extent that such deduction or credit is properly allocable to or chargeable against amounts excluded from gross income under this subsection, other than the deductions allowed by sections 217 (relating to moving expenses)". 26 USC 217. (b) LIMITATIONS ON A M O U N T OF E X C L U S I O N. — Paragraph (1) of

section 911(c) follows:

(relating to special rules) is amended to read as 26 USC 911.

" (1) LIMITATIONS ON AMOUNT OF EXCLUSION.—

" (A) IN GENERAL.—The amount excluded from the gross income of an individual under subsection (a) for any taxable year shall not exceed an amount which shall be computed on a daily basis a t an annual rate of $20,000 for days during which he resides in a camp. " (B) C A M P. — For purposes of this section, an individual shall not be considered to reside in a camp because of his employment unless the camp constitutes substandard lodging which is— " (i) provided by or on behalf of the employer for the convenience of the employer because the place at which such individual renders services is in a remote area where satisfactory housing is not available on the open market, " (ii) located, as near as practicable, in the vicinity of the place a t which such individual renders services, and " ( i i i) furnished in a common area (or enclave) which is not available to the public and which normally accommodates 10 or more employees. "(C)

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H A R D S H I P AREA.—For purposes of t h i s section, the

term 'hardship area' has the same meaning as in section 913(h).".

Post, p. 3100.

(c) B U S I N E S S PREMISES OF THE EMPLOYER.—Subsection (c) of sec-

tion 911 (relating to special rules) is amended by inserting after paragraph (6) the following new paragraph:

26 USC 911.

" (7) B U S I N E S S PREMISES OF THE EMPLOYER.—In the case of an

individual residing in a camp who elects the exclusion provided in this section for a taxable year, the camp shall be considered to be part of the business premises of the employer for purposes of section 119 for such taxable year." (d) SECTION N O T To A P P L Y. —

(1) IN GENERAL.—Section 911 is amended by striking out subsections (d) and (e) and inserting in lieu thereof the following new subsection: " (d) SECTION N O T TO A P P L Y. — A n i n d i v i d u a l entitled to the benefits

of this section for a taxable year may elect, in such manner and at such time as shall be prescribed by the Secretary, not to have the provisions of this section apply for the taxable year."

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26 USC 119.

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