Empowerment Zone Employment Credit

§ 1396. Empowerment zone employment credit(a) Amount of creditFor purposes of section 38, the amount of the empowerment zone employment credit determined under this section with respect to any employer for any taxable year is the applicable percentage of the qualified zone wages paid or incurred during the calendar year which ends with or within such taxable year. (b) Applicable percentageFor purposes of this section, the applicable percentage is 20 percent. (c) Qualified zone wages(1) In generalFor purposes of this section, the term “qualified zone wages” means any wages paid or incurred by an employer for services performed by an employee while such employee is a qualified zone employee. (2) Only first $15,000 of wages per year taken into accountWith respect to each qualified zone employee, the amount of qualified zone wages which may be taken into account for a calendar year shall not exceed $15,000. (3) Coordination with work opportunity credit(A) In generalThe term “qualified zone wages” shall not include wages taken into account in determining the credit under section 51. (B) Coordination with paragraph (2)The $15,000 amount in paragraph (2) shall be reduced for any calendar year by the amount of wages paid or incurred during such year which are taken into account in determining the credit under section 51. (d) Qualified zone employeeFor purposes of this section—(1) In generalExcept as otherwise provided in this subsection, the term “qualified zone employee” means, with respect to any period, any employee of an employer if—(A) substantially all of the services performed during such period by such employee for such employer are performed within an empowerment zone in a trade or business of the employer, and (B) the principal place of abode of such employee while performing such services is within such empowerment zone. (2) Certain individuals not eligibleThe term “qualified zone employee” shall not include—(A) any individual described in subparagraph (A), (B), or (C) of section 51(i)(1), (B) any 5-percent owner (as defined in section 416(i)(1)(B)), (C) any individual employed by the employer for less than 90 days, (D) any individual employed by the employer at any facility described in section 144(c)(6)(B), and (E) any individual employed by the employer in a trade or business the principal activity of which is farming (within the meaning of subparagraph (A) or (B) of section 2032A(e)(5)), but only if, as of the close of the taxable year, the sum of—(i) the aggregate unadjusted bases (or, if greater, the fair market value) of the assets owned by the employer which are used in such a trade or business, and (ii) the aggregate value of assets leased by the employer which are used in such a trade or business (as determined under regulations prescribed by the Secretary), exceeds $500,000.