eligible employer
(2) Eligible employer (A) In general The term “eligible employer” means any employer— (i) which was carrying on a trade or business during the calendar quarter for which the credit is determined under subsection (a), and (ii) with respect to any calendar quarter, for which— (I) the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID–19), (II) the gross receipts (within the meaning of section 448(c)) of such employer for such calendar quarter are less than 80 percent of the gross receipts of such employer for the same calendar quarter in calendar year 2019, or (III) the employer is a recovery startup business (as defined in paragraph (5)). With respect to any employer for any calendar quarter, if such employer was not in existence as of the beginning of the same calendar quarter in calendar year 2019, clause (ii)(II) shall be applied by substituting “2020” for “2019”. (B) Election to use alternative quarter At the election of the employer— (i) subparagraph (A)(ii)(II) shall be applied— (I) by substituting “for the immediately preceding calendar quarter” for “for such calendar quarter”, and (II) by substituting “the corresponding calendar quarter in calendar year 2019” for “the same calendar quarter in calendar year 2019”, and (ii) the last sentence of subparagraph (A) shall be applied by substituting “the corresponding calendar quarter in calendar year 2019” for “the same calendar quarter in calendar year 2019”. An election under this subparagraph shall be made at such time and in such manner as the Secretary shall prescribe. (C) Tax-exempt organizations In the case of an organization which is described in section 501(c) and exempt from tax under section 501(a)— (i) clauses (i) and (ii)(I) of subparagraph (A) shall apply to all operations of such organization, and (ii) any reference in this section to gross receipts shall be treated as a reference to gross receipts within the meaning of section 6033.