Page:United States Statutes at Large Volume 94 Part 3.djvu/888

 94 STAT. 3532

26 USC 3101,

26 USC 3101.

PUBLIC LAW 96-605—DEC. 28, 1980 (C) CREDIT AGAINST TAX.—Under regulations prescribed by the Secretary, there shall be allowed as a one-time credit against the tax imposed on the Corporation under section 3101 or 3111 of the Internal Revenue Code of 1954 (and any interest or penalties imposed thereon) an amount equal to the sum of— (i) all amounts of tax imposed by section 3101 of such Code which have been paid by the Corporation with respect to wages to which paragraph (1) applies, and (ii) all amounts paid by such Corporation as a penalty or as interest with respect to the tax imposed by section 3101 or 3111 of such Code on such wages. (b) TREATMENT FOR PURPOSES OF SOCIAL SECURITY ACT.—In

42 USC 409.
 * 2 USC 401,

26 USC 3121.

26 USC 3101, ^^^^-

26 USC 7701 ^°^26 USC 7701.

the

administration of titles II and XVIII of the Social Security Act, any wages paid to any individual to which the provisions of subsection (a) apply shall be treated as wages (within the meaning of section 209 of such Act) for purposes of determining— (1) entitlement to, or amount of, any insurance benefit payable to such individual or any other person on the basis of the wages and self-employment income of such individual, or (2) entitlement of such individual to benefits under title XVIII of such Act or entitlement of any other person to such benefits on the basis of the wages and self-employment income of such individual. (c) QUALIFIED CORPORATION DEFINED.—For purposes of this section, the term "qualified corporation" means any corporation which— (1) filed a waiver certificate under section 3121 of the Internal Revenue Code of 1954 during 1968; (2) filed a second waiver certificate under such section during 1975 believing that no other waiver certificate had been filed; (3) received a refund of the taxes imposed by sections 3101 and 3111 of such Code with respect to certain wages paid to more than 120 but less than 180 employees who did not concur in the filing of the second waiver certificate; and (4) was notified during 1977 by the Internal Revenue Service that the certificate had been filed during 1968. (d) LIABILITY FOR TAXES.—Except as provided in subsection (a)(2)(C)(ii), nothing in this section shall be construed to relieve the Corporation of any liability for the payment of the taxes imposed by section 3111 of the Internal Revenue Code of 1954 with respect to any wages paid by it to any individual for any period. SEC. 402. TREATMENT OF AUTHORS AND ARTISTS AS EMPLOYEES. (a) IN GENERAL.—An author or artist performing services under contract with a corporation shall be considered as an employee of the corporation for the purpose of applying the provisions specified in section 7701(a)(20) of the Internal Revenue Code of 1954, if, on December 31, 1977, such author or artist was a participant in one or more of the pension, profit-sharing or annuity plans of such corporation which are described in subsection (b)(2). (b) DEFINITIONS.—For purposes of this section— (1) CONTRACT.—The term "contract" means a contract which during its term— (A) requires such author or artist to give the corporation first reading or first refusal on writings or drawings of specified types, and prohibits him from offering any such writing or drawing to any other publication unless it has been offered to and rejected by the corporation; or

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