SECTION 4. DEFINITION OF W–2

WAGES AND CORRELATION WITH BOXES ON FORM W–2

.01 Definition of W–2 wages . Section 199(b)(2) and § 1.199–2(e) of the regulations provides that, for purposes of § 199(b)(1), the term “W–2 wages” means, with respect to any person for any taxable year of such person, the sum of the amounts described in § 6051(a)(3) and (8) paid by such person with respect to employment of employees by such person during the calendar year ending during such taxable year. Thus, the regulations provide that the term W–2 wages includes: (i) the total amount of wages as defined in § 3401(a); (ii) the total amount of elective deferrals (within the meaning of § 402(g)(3)); (iii) the compensation deferred under § 457; and (iv) for tax years beginning after December 31, 2005, the

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by section 6.02(A) are required to be deducted; and

(C) For purposes of section 5.03(C), only the portion of the total amounts reported in Box 12, Codes D, E, F, G, and S on Forms W–2, that are actually deferred or contributed during the short taxable year are included in W–2 wages.