The Work Opportunity Tax Credit (WOTC) has existed for several years, offering significant financial incentives to employers hiring new employees in targeted circumstances.
The VOW to Hire Heroes Act of 2011 (the Act) added two new categories to the existing qualified veteran-targeted group and made the WOTC available to certain tax-exempt employers as a credit against the employer’s share of social security tax. The Act allows employers to claim the WOTC for certified qualified veterans who begin work before January 1, 2013.
WOTC is designed to encourage employers to hire hard-to-employ individuals. The plan offers a credit generally equal to 40% (only 25% if the employee doesn’t reach a minimum employment level) of the first $6,000 of wages paid to each qualified employee on the payroll.
Employers claim the credit on their federal income tax return using IRS Form 5884. Note that wages taken as a business deduction must be reduced by the amount of credit allowed.
Targeted Groups – Under Internal Revenue Code Section 51, qualifying target groups hired prior to 2012 include:
- Qualified IV-A recipients;
- Qualified veterans (credit applies to the first $12,000 of wages for these employees);
- Qualified ex-felons;
- Designated community residents;
- Vocational rehabilitation referrals;
- Qualified summer youth (credit only applies to the first $3,000 of wages for these employees)
- Qualified food stamp recipients;
- Qualified SSI recipients; or
- Long-term family assistance recipients (formerly welfare-to-work individuals; the credit is computed very differently for this group).
Minimum Employment – Through 2011, the WOTC applied to qualified new employees working a minimum of 120 hours. The 40% credit applied to qualified employees on the payroll working 400 or more hours, while the 25% credit applied to employees working fewer than 400 hours.
Qualified employees hired in 2012 must have had aggregate periods of unemployment of at least four weeks but less than six months in the year prior to being hired, or be certified as having aggregate periods of unemployment of six months or more in the year prior to being hired, for the employer to be eligible for the credit.
The Act permits employers to claim the WOTC for veterans certified as qualified veterans and begin work before January 1, 2013. The amount of the credit depends upon a number of factors. For-profit employers may receive as much as $9,600 per qualified veteran, while qualified tax-exempt organizations are eligible for up to $6,240. The credit for qualified tax-exempt organizations may not exceed the organization’s employer Social Security tax for the period for which the credit is claimed.
Pre-screening and Certification – Before claiming the credit, employers must obtain certification that new hires are members of the targeted group. The process for certifying veterans for this credit is the same for all employers.
Normally, eligible employers must file Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, with their respective state workforce agency within 28 days of the eligible worker’s start date; but, under a special rule included in IRS Notice 2012-13, employers have until June 19, 2012, to complete and file this newly revised form for veterans hired between November 22, 2011 and May 22, 2012. The 28-day rule will apply to eligible veterans hired on or after May 22, 2012.
For more information, see Form 8850, Pre-Screening Notice and Certification Request and the instructions.
For-profit Employers – The process for claiming the WOTC for qualified veterans under the VOW to Hire Heroes Act remains the same. After the required certification is secured, for-profit employers claim the tax credit as a general business credit against their income tax.
Tax-exempt Employers – As of 2012, qualified tax-exempt organizations – those organizations described in IRC Section 501(c) and exempt from taxation under IRC Section 501(a) – may also claim the credit for qualified veterans who begin work on or after Nov. 22, 2011 and before January 1, 2013. This exemption includes churches and all other 501(c)(3), 501(c)(4) and 501(c)(6) organizations.
After the required certification is secured, tax-exempt employers claim the credit against the employer Social Security tax by separately filing Form 5884-C, Work Opportunity Credit for Qualified Tax-Exempt Organizations Hiring Qualified Veterans.
Form 5884-C should be filed after filing the related employment tax return for the employment tax period during which the credit is claimed. Note: we don’t recommend qualified tax-exempt employers reduce their required deposits in anticipation of any credit, as the forms are processed separately.
If you’d like to confirm your organization’s eligibility for these credits or clarify any of the above information, please give us a call at your convenience (904-396-5400); we’re here to help…especially if you’re hiring a hero!
Filed under: Tax by Mark Patrick
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