Page 240

PUBLIC LAW 103-66—AUG. 10, 1993 107 STAT. 551 of such employment unless such disability is removed before the close of such period and the taxpayer fails to offer reemployment to such individual, or "(ii) a termination of employment of an individual if it is determined under the applicable State unemplo3mient compensation law that the termination was due to the misconduct of such individual. ''(B) CHANGES IN FORM OF BUSINESS.—For purposes of paragraph (2XC), the employment relationship between the taxpayer and an employee shall not be treated as terminated— "(i) by a transaction to which section 381(a) applies if the employee continues to be employed by the acquir- ing corporation, or "(ii) by reason of a mere change in the form of conducting the trade or business of the taxpayer if the employee continues to be employed in such trade or business and the taxpayer retains a substantial interest in such trade or business. "SEC. 1397. OTHER DEFINITIONS AND SPECIAL RULES. "(a) WAGES.—^For purposes of this subpart— "(1) IN GENERAL.—^The term Vages' has the same meaning as when used in section 51. "(2) CERTAIN TRAINING AND EDUCATIONAL BENEFITS.— "(A) IN GENERAL.—^The following amounts shall be treated as wages paid to an employee: **(i) ^ y amount paid or incurred by an employer which is excludable from the gross income of an employee under section 127, but only to the extent paid or incurred to a person not related to the employer. ''(ii) In the case of an employee who has not attained the age of 19, any amoimt paid or incurred by an employer for any youth training program oper- ated by such employer in coi\junction with local edu- cation ofi&cials. "(B) RELATED PERSON.—^A person is related to any other person if the person bears a relationship to such other person specified in section 267(b) or 707(bXl), or such person and such other person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(bXl), '10 percent' shall be substituted for '50 percent'. "(b) CONTROLLED GROUPS.—For purposes of this subpart— "(1) all employers treated as a single employer under sub- section (a) or (b) of section 52 shall be treated as a single employer for purposes of this subpart, and "(2) the credit (if any) determined under section 1396 with respect to each such employer shall be its proportionate share of the wages giving rise to such credit. "(c) CERTAIN OTHER RULES MADE APPLICABLE.—For purposes of this subpart, rules similar to the rules of section 51(k) and subsections (c), (d), and (e) of section 52 shall apply. 69-194 O - 94 - 19 : QL. 3 Part 1