covered employee

(3) Covered employee For purposes of this subsection, the term “covered employee” means any employee of the taxpayer if— (A) such employee is the principal executive officer or principal financial officer of the taxpayer at any time during the taxable year, or was an individual acting in such a capacity, (B) the total compensation of such employee for the taxable year is required to be reported to shareholders under the Securities Exchange Act of 1934 by reason of such employee being among the 3 highest compensated officers for the taxable year (other than any individual described in subparagraph (A)), or (C) was a covered employee of the taxpayer (or any predecessor) for any preceding taxable year beginning after December 31, 2016 . Such term shall include any employee who would be described in subparagraph (B) if the reporting described in such subparagraph were required as so described.

Source

26 USC § 162(m)(3)


Scoping language

For purposes of this subsection
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