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Content Last Revised: 9/26/88
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CFR  

Code of Federal Regulations Pertaining to ETA

Title 20  

Employees' Benefits

 

Chapter V  

Employment and Training Administration, Department of Labor

 

 

Part 606  

Tax Credits Under the Federal Unemployment Tax Act; Advances Under Title XII of the Social Security Act

 

 

 

Subpart C  

Relief from Tax Credit Reduction


20 CFR 606.21 - Criteria for cap.

  • Section Number: 606.21
  • Section Name: Criteria for cap.

    (a) Reduction in unemployment tax effort. (1) For purposes of 

paragraph (a)(1) of Sec. 606.20, a reduction in a State's unemployment 

tax effort will have occurred with respect to a taxable year if any 

action is or was taken (legislative, judicial, or administrative,) that 

is effective during the 12-month period ending on September 30 of such 

taxable year, which has resulted in or will result in a reduction of the 

amount of contributions paid or payable or the amounts that were or 

would have been paid or payable but for such action.

    (2) Actions that will result in a reduction in tax effort include, 

but are not limited to, a reduction in the taxable wage base, the tax 

rate schedule, tax rates, or taxes payable (including surtaxes) that 

would not have gone into effect but for the legislative, judicial, or 

administrative action taken. Notwithstanding the foregoing criterion, a 

reduction in unemployment tax effort resulting from any provision of the 

State law enacted prior to August 13, 1981, will not be taken into 

account as a reduction in the State's unemployment tax effort for the 

purposes of this section.

    (b) Net decrease in solvency. For purposes of paragraph (a)(2) of 

Sec. 606.20, a net decrease in the solvency of the State's unemployment 

compensation system will have occurred with respect to a taxable year if 

any action is or was taken (legislative, judicial, or administrative), 

that is effective during the 12-month period ending on September 30 of 

such taxable year, which has

resulted in or will result in an increase in benefits without at least 

an equal increase in taxes, or a decrease in taxes without at least an 

equal decrease in benefits. Notwithstanding the foregoing criterion, a 

decrease in solvency resulting from any provision of the State law 

enacted prior to August 13, 1981, will not be taken into account as a 

reduction in solvency of the State's unemployment compensation system 

for the purposes of this section.

    (c) State unemployment tax rate. For purposes of paragraph (a)(3) of 

Sec. 606.20, the State unemployment tax rate is defined in 

Sec. 606.3(j). If such percentage is not a multiple of 0.1 percent, the 

percentage shall remain unrounded.

    (d) State five-year average benefit cost ratio. For purposes of 

paragraph (a)(3) of Sec. 606.20, the average benefit cost ratio for the 

five preceding calendar years is the percentage determined by dividing 

the sum of the benefit cost ratios for the five years by five. If such 

percentage is not a multiple of 0.1 percent, the percentage shall remain 

unrounded.
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