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Monthly Buzz #51
August 2006

Welfare-to-Work and Work Opportunity Tax Credit

Welfare-to-Work and Work Opportunity Tax Credit tax credits allow employers the opportunity to earn a tax credit while seeking and hiring new employees.

Under the Internal Revenue Code, employers can take a Welfare-to-Work tax credit on the first $20,000 of eligible wages paid to a qualified long-term family assistance (AFDC or successor program) recipient during the first two years of employment. The credit is 35% of the first $10,000 of eligible wages in the first year of employment and 50% of the first $10,000 of eligible wages in the second year of employment. The maximum credit is $8,500 per qualified employee.

Qualified long-term family assistance recipients are: (1) members of a family that has received family assistance for at least 18 consecutive months ending on the hiring date; (2) members of a family that has received family assistance for a total of at least 18 months (whether or not consecutive) after the date of enactment of this credit if they are hired within 2 years after the date that the 18-month total is reached; and (3) members of a family who are no longer eligible for family assistance because of either federal or state time limits, if they are hired within 2 years after the federal or state time limits made the family ineligible for family assistance.

The Work Opportunity Tax Credit (WOTC) is available on an elective basis for employers who hire individuals from one of eight targeted groups. The credit equals 40% of qualified wages (reduced to 25% for employment of 400 hours or less). The term "qualified wages" generally means wages attributable to service rendered by a member of a targeted group during the one-year period beginning with the day the individual began work for the employer.

The maximum credit that you can take per eligible employee is $2,400 (40% of the first $6,000 of qualified first-year wages). For qualified summer youth employees, the maximum credit is $1,200 (40% of the first $3,000 of qualified first-year wages). The employer's regular deduction for wages paid is reduced by the amount of the credit. You should note, however, that the IRS will not permit a credit to be taken for wages paid to an employee who works less than 120 hours in the first year of employment.

To take the credit, the employee you hire must be from one of these targeted groups: (1) families eligible to receive benefits under the Temporary Assistance for Needy Families (TANF) program; (2) high-risk youth; (3) qualified ex-felons; (4) vocational rehabilitation referrals; (5) qualified summer youth employees; (6) qualified veterans; (7) families receiving food stamps; and (8) persons receiving certain Supplemental Security Income (SSI) benefits.

Once you have found an employee that you believe is eligible for the credit, in order to take the credit you must complete IRS Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity and Welfare-to-Work Credits, and file with the WOTC coordinator for your state no later than the 21st day after the employee begins working for you. In addition, there is a form that you will need to obtain from the Department of Labor with respect to the employee that also must be sent to the WOTC coordinator for your state along with Form 8850.

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