[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 26USC3507]
TITLE 26--INTERNAL REVENUE CODE
Subtitle C--Employment Taxes
CHAPTER 25--GENERAL PROVISIONS RELATING TO EMPLOYMENT TAXES
Sec. 3507. Advance payment of earned income credit
(a) General rule
Except as otherwise provided in this section, every employer making
payment of wages to an employee with respect to whom an earned income
eligibility certificate is in effect shall, at the time of paying such
wages, make an additional payment to such employee equal to such
employee's earned income advance amount.
(b) Earned income eligibility certificate
For purposes of this title, an earned income eligibility certificate
is a statement furnished by an employee to the employer which--
(1) certifies that the employee will be eligible to receive the
credit provided by section 32 for the taxable year,
(2) certifies that the employee has 1 or more qualifying
children (within the meaning of section 32(c)(3)) for such taxable
year,
(3) certifies that the employee does not have an earned income
eligibility certificate in effect for the calendar year with respect
to the payment of wages by another employer, and
(4) states whether or not the employee's spouse has an earned
income eligibility certificate in effect.
For purposes of this section, a certificate shall be treated as being in
effect with respect to a spouse if such a certificate will be in effect
on the first status determination date following the date on which the
employee furnishes the statement in question.
(c) Earned income advance amount
(1) In general
For purposes of this title, the term ``earned income advance
amount'' means, with respect to any payroll period, the amount
determined--
(A) on the basis of the employee's wages from the employer
for such period, and
(B) in accordance with tables prescribed by the Secretary.
In the case of an employee who is a member of the Armed Forces of
the United States, the earned income advance amount shall be
determined by taking into account such employee's earned income as
determined for purposes of section 32.
