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Work Opportunity Tax Credit Available to Employers

Employers may qualify for a tax credit known as the work opportunity tax credit that is worth as much as $2,400 for each eligible employee ($4,800 for certain veterans and $9,000 for employees who are “long-term family assistance recipients”). The credit is generally limited to eligible employees who begin work for the employer before Sept. 1, 2011. The credit is available on an elective basis for employers hiring individuals from one or more of ten targeted groups. The amount of the credit available to an employer is determined by the amount of qualified wages paid by the employer. Generally, qualified wages consist of wages attributable to service rendered by a member of a targeted group during the one-year period beginning with the day the individual begins work for the employer (two years in the case of an individual in the long-term family assistance recipient category).

An employer is eligible for the credit only for qualified wages paid to members of a targeted group. These groups are: (1) qualified members of families receiving assistance under the Temporary Assistance for Needy Families (TANF) program, (2) qualified veterans, (3) qualified ex-felons, (4) designated community residents, (5) vocational rehabilitation referrals, (6) qualified summer youth employees, (7) qualified members of families receiving Food Stamp assistance, (8) qualified Supplemental Security Income recipients, (9) long-term family assistance recipients, and (10) certain unemployed veterans or disconnected youth who begin work for the employer during 2009 or 2010.  

For each employee, there is also a minimum requirement that the employee has completed at least 120 hours of service for the employer.

Also, the credit isn't available for certain employees who are related to the employer or work more than 50% of the time outside of a trade or business of the employer (e.g., working as a maid in the employer's home).

Additionally, the credit generally isn't available for employees who have previously worked for the employer.

For employees other than summer youth employees, the credit amount is determined under the following rules. The employer can take into account up to $6,000 ($10,000 for each employee who is a “long-term family assistance recipient”; $12,000 for certain veterans) of first year wages per employee. If the employee has completed at least 120 hours but less than 400 hours of service for the employer, the wages taken into account are multiplied by 25%. If the employee has completed 400 or more hours, all of the wages taken into account are multiplied by 40%. Thus, under the above rules, the maximum credit available is $2,400 ($6,000 × 40%) per employee ($4,800 for certain veterans; $4,000 for a “long-term family assistance recipient,” for whom a 50% credit for up to $10,000 of second-year wages is also available). The “first year” referred to above is the year-long period which begins with the employee's first day of work.

For summer youth employees, the rules in the preceding paragraph apply, except that the employer can only take into account up to $3,000 of wages, and the wages must be paid for services performed during any 90-day period between May 1 and Sept. 15. Thus, for summer youth employees, the maximum credit available is $1,200 ($3,000 × 40%) per employee.

You should be aware that (1) no deduction is allowed for the portion of wages equal to the amount of the work opportunity credit determined for the tax year, (2) wages taken into account for the work opportunity credit can't be taken into account for (and reduce the limit on the amount of wages that can be taken into account for) the empowerment zone employment credit or the renewal community employment credit and (3) the credit is subject to the overall limitations on the amount of business credits that can be taken in any tax year, but a 1-year carryback and 20-year carryforward of unused business credits is allowed. Because of these three rules, there may be circumstances in which the employer might, under an available election, elect not to have the work opportunity credit apply.

There are some additional rules that, in limited circumstances, prohibit the credit or require an allocation of the credit.  We suggest contacting your tax advisor for the application of these rules in your specific circumstances. 

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Complete Payroll, Inc.
380 N. Terra Cotta Rd
Suite D
Crystal Lake, IL 60012

815.788.2932

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