§ 52. Special rules
(a)
Controlled group of corporations
For purposes of this subpart, all employees of all corporations which are members of the same controlled group of corporations shall be treated as employed by a single employer. In any such case, the credit (if any) determined under section
51
(a) with respect to each such member shall be its proportionate share of the wages giving rise to such credit. For purposes of this subsection, the term “controlled group of corporations” has the meaning given to such term by section
1563
(a), except that—
(1)
“more than 50 percent” shall be substituted for “at least 80 percent” each place it appears in section
1563
(a)(1), and
(2)
the determination shall be made without regard to subsections (a)(4) and (e)(3)(C) of section
1563.
(b)
Employees of partnerships, proprietorships, etc., which are under common control
For purposes of this subpart, under regulations prescribed by the Secretary—
(1)
all employees of trades or business (whether or not incorporated) which are under common control shall be treated as employed by a single employer, and
(2)
the credit (if any) determined under section
51
(a) with respect to each trade or business shall be its proportionate share of the wages giving rise to such credit.
The regulations prescribed under this subsection shall be based on principles similar to the principles which apply in the case of subsection (a).
(d)
Estates and trusts
In the case of an estate or trust—
(e)
Limitations with respect to certain persons
Under regulations prescribed by the Secretary, in the case of—
(1)
a regulated investment company or a real estate investment trust subject to taxation under subchapter M (section
851 and following), and
rules similar to the rules provided in subsections (e) and (h) of section
46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply in determining the amount of the credit under this subpart.