SECTION 5. METHODS FOR

CALCULATING PARAGRAPH (e)(1) WAGES

For any taxable year, a taxpayer must calculate paragraph (e)(1) wages for purposes of § 199(b)(1) using one of the three methods described in section 5.01, 5.02, and 5.03 of this revenue procedure. These three methods are subject to the non-duplication rules provided in § 1.199–2(d) and in section 3.07 of this revenue procedure. For a taxpayer with a short taxable year, see Section 6 of this revenue procedure. In calculating paragraph (e)(1) wages for a taxable year under the methods below, the taxpayer includes only those Forms W–2 that are for the calendar year ending with or within the taxable year of the taxpayer and that meet the rules of application described in section 3 of this revenue procedure.

.01 Unmodified box method . Under the unmodified box method, paragraph (e)(1)

wages are calculated by taking, without modification, the lesser of—

(A) The total entries in Box 1 of all Forms W–2 filed with SSA by the taxpayer with respect to employees of the taxpayer for employment by the taxpayer; or

(B) The total entries in Box 5 of all Forms W–2 filed with SSA by the taxpayer with respect to employees of the taxpayer for employment by the taxpayer. .02 Modified Box 1 method . Under the Modified Box 1 method, the taxpayer makes modifications to the total entries in Box 1 of Forms W–2 filed with respect to employees of the taxpayer. Paragraph (e)(1) wages under this method are calculated as follows—

(A) Total the amounts in Box 1 of all Forms W–2 filed with SSA by the taxpayer with respect to employees of the taxpayer for employment by the taxpayer;

(B) Subtract from the total in paragraph .02(A) of this section amounts included in Box 1 of Forms W–2 that are not wages for Federal income tax withholding purposes and amounts included in Box 1 of Forms W–2 that are treated as wages for purposes of income tax withholding under § 3402(o) (for example, supplemental unemployment compensation benefits); and

(C) Add to the amount obtained after paragraph .02(B) of this section the total of the amounts that are reported in Box 12 of Forms W–2 with respect to employees of the taxpayer for employment by the taxpayer and that are properly coded D, E, F, G, and S. .03 Tracking wages method . Under the tracking wages method, the taxpayer actually tracks total wages subject to Federal income tax withholding and makes appropriate modifications. Paragraph (e)(1) wages under this method are calculated as follows—

(A) Total the amounts of wages subject to Federal income tax withholding that are paid to employees of the taxpayer for employment by the taxpayer and that are reported on Forms W–2 filed with SSA by the taxpayer for the calendar year;

(B) Subtract from the total in paragraph .03(A) of this section the supplemental unemployment compensation

2006–45 I.R.B. 871 November 6, 2006

Exempt & Government Entities). For further information regarding this revenue procedure, contact Mr. Kelley at (202) 622–6040 (not a toll-free call).

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 paragraph (e)(1) wages.