Section 45P

The Differential Wage Credit

When an employee is called to active military duty and you keep paying part of the civilian wages they'd otherwise give up, the government gives you 20% of that make-up pay back - a thank-you for supporting the people who serve.

In a nutshell

  • Worth 20% of the differential wages you pay, up to $20,000 per employee per year (a maximum credit of $4,000 each).
  • Permanent (PATH Act of 2015). Since 2016 an employer of any size can claim it - the old under-50-employee limit is gone.
  • Qualifying employee: employed for the 91 days before the duty period and called to active duty for more than 30 days.
  • “Differential wages” means the civilian pay you make up - the gap between military pay and normal wages - not the employee's regular pay.
  • Claimed on IRS Form 8932, flowing into the General Business Credit (Form 3800).

How the math works

20%
Of differential wages
the civilian-military pay gap you cover
$20,000
Cap per employee
per year - up to $4,000 credit each

Worked example

A line cook is deployed for four months. Their civilian pay would have been higher than their military pay, and you make up $10,000 of the difference.

  • • Eligible differential wages: $10,000 (under the $20,000 cap)
  • • Credit: 20% × $10,000 = $2,000

What P.A.I.D. needs - no connection required

Nothing to integrate. You enter the total differential wages you paid and how many employees were on active duty, and we compute the credit and fill out Form 8932. Keep the active-duty orders on file; your CPA confirms them before filing.

Do you qualify? The real limits

The bright-line tests and the things that quietly disqualify a business (2026 tax year).

Credit
20% of eligible differential wage payments
Per-employee cap
$20,000 of differential wages (max $4,000 credit each)
Qualified employee
Employed the 91 days before active duty; on duty >30 days

What can disqualify you

  • Regular wages are not differential wages - only the civilian-pay make-up counts.
  • Active-duty periods of 30 days or fewer don't qualify.
  • An employee not employed for the 91 days before the duty period is excluded.

Common reasons businesses get denied

  • No active-duty orders exceeding 30 days on file.
  • The employee wasn't employed for the 91 days immediately before deployment.
  • Counting full wages rather than only the differential (make-up) portion.
  • Claiming above the $20,000 per-employee ceiling.

Even if you qualify

  • Nonrefundable (General Business Credit liability limit; unused carries back 1 / forward 20).
  • The wage deduction is reduced by the credit amount (§280C).

Check your state

State figures as of June 2026; many are indexed and change mid-year. Confirm with your state labor department and CPA.

Limits that apply to every federal credit

They're nonrefundable
Every credit here offsets income tax but can't create a refund (§38 liability limit). A business with little or no tax liability gets little benefit this year - unused amounts carry back 1 year and forward up to 20 (§39).
Related businesses are combined
If you own multiple businesses under >50% common control, the IRS treats them as ONE employer for the size tests (§52/§414). Several small entities can together blow past the under-25-FTE, 30-employee, or 100-employee ceilings even though each looks small alone.
No double-dipping
The deduction for the wages/premiums/expenses behind a credit is reduced by the credit amount (§280C), and the same dollar can't fund two different credits.
Pass-through & passive limits
For S-corps and partnerships the credit flows to owners on a K-1, where each owner's liability and passive-activity limits (§469) decide how much they can actually use.

Plain-English summary, not tax advice. Your CPA confirms eligibility for your specific business.

Want to know what this is worth for your business?

Answer a few quick questions and we'll estimate which credits you could claim - no pressure, no commitment.