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written, oral or both, as the Board may request : And provided further, That, for the purpose of registering unemployed employees who reside in areas in which no employer facilities are located, or in which no employer will make facilities available for the registration of such employees, the Board may, without regard to civil-service laws and the Classification Act of 1923, appoint persons to accept, in such areas, registration of such employees and perform services incidental thereto and may compensate such persons on a piece-rate basis to be determined by the Board. Notwithstanding the provisions of the Act of June 22, 1906 (34 Stat. 419), or any other provision, of law, the Board may detail employees from stations outside the District of Columbia to other stations outside the District of Columbia or to service in the District of Columbia, and may detail employees in the District of ('olumbia to service outside the District of Columbia : Prorided, That all details hereunder shall be made by specific order and in no case for a period of time exceeding one hundred and twenty days. Details so made may, on expiration, be renewed from time to time by order of the Board, in each particular case, for periods not exceeding one hundred and twenty days.

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Sec. 32:21. Rate of tax. SEC: 3:221. RITE OF Tax.

(a) In addition to other taxes, there is hereby imposed on every emplover an excise tax, with respect to having individuals in his employ, equal to 9.5 percent of so much of the compensation paid by such employer for services rendered to him after September 30, 1973, as is, with respect to any emplovee for any calendar month, not in excess of an amount equal to one-twelfth of the current maximum annual taxable *Wagres" as defined in section 3121 of the Internal Revenue (ode of 1954 for any month after September 30, 1973; except that if an emplovee is paid compensation after September 30, 1973. by more than one employer for services rendered curing any calendar month after September 30, 1973, the tax imposed by this section shall apply to not more than an amount equal to one-twelfth of the current maximum annual taxable “wages" as defined in section 3121 of the Internal Revenue ('odle of 1954 for any month after September 30. 1973 of the aggregate compensation paid to such employee by all such emplovers after September 30, 1973, for servers rendereil during such month, and each emplover other than a subordinate unit of a national railway-labor-organization employer shall be liable for that proportion of the tax with respect to such compensation prajil by all such

employers which the compensation paid by him after September 30, 1972, to the employee for services rendered during such month bears to the total compensation paid by all such employers after September 30, 1973), to such employee for services rendered during such month; and in the event that the compensation so paid by such employers to the employee for services rendered during such month is less than an amount equal to one-twelfth of the current maximum annual taxable "wages“ as defineal in section 31:21 of the Internal Revenue Code of 1954 for any month after September 30, 1973, each subordinate unit of a national railway-labor-organization employer shall be liable for such proportion of any additional tax as the compensation paid by such employer after September 30, 1973, to such employee for services rendered during such month bears to the total compensation paid by all such employers after September 30, 1973, to such employee for services rendered during such month. Where compensation for services rendered in a month is paid an employee by two or more employers, one of the employers who has knowlelge of such joint employment may, by proper notice to the Secretary of the Treasury, and by agreement with such other employer or employers as to settlement of their respective liabilities under this section and section 3402, elect for the tax imposed by section 3201 and this section to apply to all of the compensation paid by such employer for such month as does not exceed the maximum amount of compensation in respect to which taxes are imposed by such section 3201 and this section; and in such case the liability of such other employer or employers under this section and section 3202 shall be limited to the difference, if any, between the compensation paid by the electing employer and the maximum amount of compensation to whiclı section 3201 and this section apply.

(b) The rate of tax imposed by subsection (a) shall be increased, with respect to compensation paid for services rendered after September 30, 1973, by the rate of tax imposed with respect to wages by section 3111(a) of the Internal Revenue Code of 195+ plus the rate immposed by section 3111(b) of such ('ode.

(c) In addition to other taxes, there is hereby imposed on every emplover an excise tax, with respect to having individuals in his employ, for each man-hour for which compensation is paid by such employer for services rendered to him during any calendar quarter, (1) at the rate of 2 cents for the period beginning November 1, 1966, and ending March 31, 1970, and (2) commencing April 1, 1970, at such rate as will make available (for appropriation to the Railroad Retire. ment Supplemental Account provided for in section 15(b) of the Railroad Retirement Act of 1937) sufficient funds to meet the obligation to pay supplemental annuities (under section 3(j) of such Ict] at the level provided under section (1) of the Railrouil Retirement

Art of 19.37 as in effect on December 31, 1974 and administrative expenses in connection therewith. For the purpose of this subsection, the Railroad Retirement Board is directed to determine what rate is required for each calendar quarter commencing with the quarter beginning April 1, 1970. The Railroad Retirement Board shall make the determinations provided for not later than fifteen lays before each calendar quarter. Is soon as practicable after each determination of the rate, as provided in this subsection, the Railroad Retirement Board shall publish a notice in the Federal Register, and shall advise all employers, employee representatives, and the Secretary of the Treasury, of the rate so determined. With respect to daily, weekly, or monthly rates of compensation such tax shall apply to the number of hours comprehended in the rate together with the mumber of overtime hours for which compensation in addition to the daily, weekly, or monthly rate is paid. With respect to compensation paid on a mileage or piecework basis such tax shall apply to the number of hours constituting the hourly equivalent of the compensation paid.

60-239 (Pt. 2) O - 74 - 14

Each employer of employees whose supplemental annuities are reduced pursuant to section 3(j) (2) of the Railroad Retirement Act of 1937 or section 2(h) (2) of the Railroad Retirement Act of 1974 shall be allowed as a credit against the tax imposed by this subsection an amount equivalent in each month to the aggregate amount of reductions in supplemental annuities accruing in such month to employees of such employer. If the credit so allowed to such an employer for any month exceeds the tax liability of such employer accruing under this subsection in such month, the excess may be carried forward for credit against such taxes accruing in subsequent months but the total credit allowed by this paragraph to an employer shall not exceed the total of the taxes on such employer imposed by this subsection. At the end of each calendar quarter the Railroad Retirement Board shall certify to the Secretary of the Treasury with respect to each such employer the amount of credit accruing to such employer under this paragraph during such quarter and shall notify such employer as to the amount so certified.

(d) Notwithstanding the provisions of subsection (c) of this section. the tax imposed by such subsection (c) shall not apply to an employer with respect to employees who are covered by a supplemental pension plan which is established pursuant to an agreement reached through collective bargaining between the employer and employees. There is hereby imposed on every such employer an excise tax equal to the amount of the supplemental annuity paid to each such employee under [section 3(j) of the Railroad Retirement Act of 1937] section 2 (6) of the Railroad Retirement Act of 1974, plus a percentage thereof determined by the Railroad Retirement Board to be sufficient to cover the administrative costs attributable to such payments under [section 3(j) of such act] Section 2(b) of such Act.

SUBTITLE F-PROCEDURE AND ADMINISTRATION

CHAPTER 65-İBATEMENTS, CREDITS. AxD REFUNDS

SUBCITAITER B-RULES OF SPECIAL APPLICATION

SEC. 6413. SPECIAL RULES APPLICABLE TO CERTAIX EMPLOYMENT Tảxes. (a) ADJUSTMENT OF Tax.-

(1) GENERAL RULE.—If more than the correct amount of tax imposed by section 3101, 3111, 3201, 3:221, or 3102 is paid with

respect to any payment of remuneration, proper adjustments, with respect to both the tax and the amount to be deducted, shall be made, without interest, in such manner and at such times as the Secretary or his delegate may by regulations prescribe.

(2) UNITED STATES AS EMPLOYER.–For purposes of this subsection, in the case of remuneration received from the United States or a wholly-owned instrumentality thereof during any calendar year, each head of a Federal agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall be deemed a separate employer.

(3) GUAM OR AMERICAN SAMOA AS EuPLOYER.–For purposes of this subsection, in the case of remuneration received during any calendar year from the Government of Guam, the Government of

American Samoa, a political subdivison of either, or any instrumentality of any one or more of the foregoing which is wholly owned thereby, the Governor of Guam, the Governor of American Sama, and each agent designated by either who makes a return pursuant to section 3125 shall be deemed a separate employer.

(4) DISTRICT OF COLUMBIA AS EMPLOYER.–For purposes of this subsection, in the case of remuneration received during any calendar year from the District of Columbia or any instrumentality which is wholly owned thereby, the Commissioners of the District of Columbia and each agent designated by them who makes a return pursuant to section 3125 shall be cleemed a separate

employer. (b) OVERPAYMENTS OF (CERTAIX EMPLOYMENT Taxes.-If more than the correct amount of tax imposed by section 3101, 3111, 3201, 3221, or 3102 is paid or deducted with respect to any payment of remuneration and the overpayment cannot be adjusted under subsection (a) of this section, the amount of the overpayment shall be refunded in such manner and at such times (subject to the statute of limitations properly applicable thereto) as the Secretary or his delegate may by regulations prescribe. (c) SPECIAL REFUNDS.

(1) IN GENERAL.--If by reason of an employee receiving wages from more than one employer during a calendar year after the calendar year 1950 and prior to the calendar year 1955, the wages received by him during such year exceed $3,600, the employee shall be entitled (subject to the provisions of section 31 (b) to a credit or refund of any amount of tax, with respect to such wages, imposed by section 1400 of the Internal Revenue Code of 1939 and deducted from the employee's wages (whether or not paid to the Secretary or his delegate), which exceeds the tax with respect to the first $3,600 of such wages received; or if by reason of an employee receiving wages from more than one employer (A) during any calendar year after the calendar year 1951 and prior to the calendar year 1959, the wages received by him during such year exceed $1,200, or (B) during any calendar year after the calendar year 1958 and prior to the calendar year 1966, the wages received by him during such year exceed $1,800, or (C) during any calenclar year after the calendar year 1965 and prior to the calendar

year 1968, the wages received by him during such year exceed $6,600, or (D) during any calendar year after the calendar year 1967 and prior to the calendar year 1972, the wages received by him during such year exceed $7,800, (E) during any calendar year after the calendar year 1971 and prior to the calendar year 1973, the wages received by him during such year exceed $9,000 or (F) during any calendar year after the calendar year 1972 and prior to the calendar year 1974, the wages received by him during such year exceed $10,800, or (i) during any calender year after the calendar year 1973 and prior to the calendar year 1975, the wages received by him during such year exceed $13,200, or (H) during any calandar year after 1974, the wages received by him during such year exceed the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective with respect to such year; and the employee shall be entitled (subject to the provisions of section 31(b)) to a credit or refund of any amount of tax, with respect to such wages, imposed by section 3101 or section 3201, or by both such sections, and deducted from the employee's wages (whether or not paid to the Secretary or his delegate), which exceeds the tax with respect to the first $1,200 of such wages received in such calendar year after 1954 and before 1959, or which exceeds the tax with respect to the first $1.800 of such wages received in such calendar year after 1958 and before 1966, or which exceeds the tax with respect to the first $6,600 of such wages received in such calendar year after 1965 and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967 and before 1972, or which exceeds the tax with respect to the first $9,000 of such wages received in such calendar year after 1971 and before 1973, or which exceeds the tax with respect to the first $10,800 of such wages received in such calendar year after 1972 and before 1974, or which exceeds the tax with respect to the first $13,200 of such wages received in such calendar year after 1973 and before 1975, or which exceeds the tax with respect to an amount of such wages received in such calendar year after 1974 equal to the contribution and benefit base (as determined under section 230 of the Social Security Act) which is effective with respect to such year. The term "ruges" as used in this paragraph shall, for purposes of this paragraph, include "rompensa

tion" as defined in section 3231(e). (2) APPLICABILITY IN CASE OF FEDERAL AND STATE EMPLOYEES, ENPLOYEES OF CERTJIX FOREIGN CORPORATIONS, AND GOVERNMENTAL EMPLOYEES IX GUAM, JERICAX SAMOA, AND THE DISTRICT OF COLOMBIA.

(1) FEDERAL EMPLOYEES. - In the case of remuneration received from the United States or a wholly owned instrumentality thereof during any calendar year, each head of a Federal agency or instrumentality who makes a return pursuant to section 3122 and each agent, designated by the head of a Federal agency or instrumentality, who makes a return pursuant to such section shall, for purposes of this subsection, be deemed a separate employer. and the term "wages" includes for purposes of this subsection the amount, not to exceed $3,600 for the calendar year 1951, 1952, 1953, or 1954. $1.200 for the calendar year 1935, 1936, 1957, or 1958,

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