WHAT IS THE WORK OPPORTUNITY TAX CREDIT?

 

The Work Opportunity Tax Credit (WOTC), authorized by the Small Business Job Protection Act of 1996 (P.L. 104-188), is a Federal tax credit that encourages employers to hire nine targeted groups of job seekers by reducing employers' Federal income tax liability by as much as $2,400 per qualified new worker; $750 if working 120 hours, or $1,200 if working 400 hours or more, per qualified summer youth. The WOTC is one tool in a diverse toolbox of flexible strategies designed to help people move from welfare to work and gain on-the-job experience.  It joins other education and job training initiatives and targeted tax credits that help American workers prepare for good jobs, ease the transition from job to job, and create high performance workplaces. On March 9, 2002, the President signed into law, P.L. 107-147, the "Job Creation and Worker Assistance Act of 2002," for 24 additional months through December 31, 2003, to encourage employers to hire members of the targeted groups with barriers to employment. This reauthorization is retroactive to the WOTC's expiration date of December 31, 2001.

 

WHAT NEW HIRES CAN QUALIFY EMPLOYERS FOR WOTC?

*          WOTC applies only to new employees hired after September 30, 1996,

and before January 1, 2004

*          The new employee must belong to one of nine target groups:

1.         A person with a disability who completed or is completing

rehabilitative services from a State or the U.S. Department of Veterans Affairs,

2.         A recipient of Supplemental Security Income (SSI) benefits,

3.         A member of a family that is receiving or recently received

Temporary Assistance to Needy Families (TANF) or Aid to Families with Dependent Children (AFDC),

4.         An 18- to 24- year-old member of a family that is receiving or

recently received Food Stamps,

5.         An 18- to 24- year-old resident of one of the Federally-designated

Empowerment Zones (EZs), Enterprise Communities (ECs), or Renewal Communities (RCs),

6.         A 16- to 17- year-old EZ/EC or RC resident hired between May 1 and

September 15 as a Summer Youth Employee,

7.         A veteran who is a member of a family that is receiving or recently

received Food Stamps,

8.         An ex-felon who is a member of a low income family, and/or

9.         The New York Liberty Zone Business Employee (requires no

certification).

*          All new adult employees must work a minimum of 120 or 400 hours;

Summer Youth must work at least 90 days, between May 1 and September 15.

 

HOW CAN EMPLOYERS PARTICIPATE IN THE WOTC?

 

To receive certification that a new employee qualifies the employer for this tax credit, the employer must:

1.         Complete the one page IRS Form 8850 by the day the job offer is

made.

2.         Complete either the one page ETA Form 9061 or Form 9062

o          If the new employee has already been conditionally certified as

belonging to a WOTC target group, complete the bottom part of ETA Form 9062 (and sign and date it), that state that he or she has been given by a State Employment Security Agency or participating agency, e.g., a Job Corps center.

o          If the new employee has not been conditionally certified, the

employer and/or the new employee must fill out, sign, and date ETA Form 9061.

 

3.         Mail the signed IRS and ETA forms to the employer's State Workforce

Agency.  The IRS form must be mailed within 21 days of the employee's employment-start date. To get IRS Form 8850, the Work Opportunity and Welfare-to-Work Tax Credits Pre-Screening Notice and Certification Request, and instructions, download from http://www.irs.ustreas.gov/, or call 1-800-829-1040.

 

To get ETA Form 9061, the WOTC "Individual Characteristics Form," a brochure, and  directories of the State and Regional Coordinators, call the new FAX-ON-DEMAND number at 1-877-828-2050. You can also get this form and materials by visiting www.ows.doleta.gov/employ/tax.asp

 

Source: February 2003 EARN Provider E-Newsletter