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Who Qualifies for WOTC?

Published: May 16, 2024 by Sarah Perdue

As an employer, taking advantage of the various tax credits available can help you reduce your overall tax liability and boost your bottom line. One of the top tax credits a wide range of employers may qualify for is the Work Opportunity Tax Credit (WOTC). The WOTC is a federal tax credit program that encourages employers to hire individuals from certain target groups who face barriers to employment. But who qualifies for the Work Opportunity Tax Credit? In this comprehensive guide, we’ll walk through the basics of the WOTC program.

What Is the Work Opportunity Tax Credit (WOTC)?

The Work Opportunity Tax Credit is a federal tax credit program created to encourage Employers to hire employees from target groups who’ve historically faced barriers to employment. In addition to hiring employees from target groups, this tax credit incentivizes employers to create a more diverse workplace and increase access to quality employment for all Americans. Depending on eligibility category, hours worked, and wages paid, an employer can secure a tax credit of up to $9,600 per hire. Whether you are a small or medium-sized business or an industry giant, this amount in credit savings is bound to make a difference and greatly impact a company’s financial situation. In today’s business environment, companies of all sizes are looking for ways to save money and improve the bottom line, and WOTC can provide immediate returns

The Work Opportunity Tax Credit Process

Employers must request and receive certification from their State Workforce Agency (SWA) that the new hire is a member of one of the WOTC target groups before they can claim the Work Opportunity Tax Credit on their federal tax return.

To apply for WOTC certification, employers must:

  • Complete the IRS Form 8850, Prescreening Notice and Certifications Requests for the Work Opportunity Tax Credits, by having the new hire fill out page 1 prior to the date of the job offer and the employer complete page 2;
  • Have new hires complete one of the following U.S. Department of Labor forms, as appropriate:
  • Mail the completed and signed forms to the SWA within 28 days of the start date.

Supporting documentation can be sent later, however, it is important for the employer to collect necessary documentation from the individual at the time of hire.

Who Qualifies for the Work Opportunity Tax Credit?

Since it was created in 1996, the Work Opportunity Tax Credit has changed, and while some of the original WOTC target groups remain in place, some of them were modified while others no longer exist. The current WOTC target groups are:

Qualified Veteran

WOTC is available for qualifying veterans who meet the criteria for one or more of the following categories at the time of hire:

  • A veteran who is entitled to compensation for a service-connected disability and was discharged from the military within one year prior to the hiring date;
  • A veteran who is entitled to compensation for a service-connected disability and was unemployed for at least six months during the year prior to the hiring date;
  • A veteran who was unemployed for at least four weeks but less than six months during the year prior to the hiring date; and
  • A veteran who was unemployed for at least six months within one year prior to the hiring date.

Qualified IV-A Recipient

A WOTC-eligible IV-A recipient is an individual who is a member of a family receiving assistance under a state plan approved under part A of title IV of the Social Security Act relating to Temporary Assistance for Needy Families (TANF). The assistance must be received for any 9-month period during the 18-month period ending on the hiring date.

Qualified Ex-Felon

Qualified ex-felons are individuals who were convicted of a felony and hired within a year after their date of conviction, work release, or release from prison or jail.

Designated Community Resident

A designated community resident is an individual between the ages of 18 and 39 and resides within one of the following:

  • An empowerment zone;
  • An enterprise community; or
  • A renewal community.

Also, a designated community resident must continue to reside at these locations after employment.

Vocational Rehabilitation Referral

A vocational rehabilitation referral is an individual who has a physical or mental disability and has been referred to the employer while receiving or upon completion of rehabilitative services pursuant to:

Summer Youth Employee

A summer youth employee is an individual aged 16 or 17 who has a principal place of abode within an empowerment zone, enterprise community, or renewal community and is employed between May 1 and September 15.

Qualified Supplemental Nutrition Assistance Program (SNAP) Recipient

A qualified Supplemental Nutrition Assistance Program (SNAP) benefits recipient is an individual who on the date of hire is at least 18 years old and under 40 and a member of a family that received SNAP benefits for:

  • the previous 6 months; or
  • at least 3 of the previous 5 months.

Supplemental Security Income (SSI) Recipient

Members of this WOTC target group include individuals who have received Supplemental Social Security (SSI) under Title XVI of the Social Security Act for any month ending within the 60-day period ending on the hiring date.

Long-Term Family Assistance Recipient

A long-term family recipient is an individual who, at the time of hire, is a member of a family that meets one of the following conditions:

  • Received assistance under a IV-A program for a minimum of the prior 18 consecutive months; or
  • Received assistance for 18 months beginning after 8/5/1997 and it has not been more than 2 years since the end of the earliest of such 18-month period; or
  • Ceased to be eligible for such assistance because a Federal or State law limited the maximum time those payments could be made, and it has been not more than 2 years since the cessation.

Qualified Long-Term Unemployment Recipient

A member of this target group is an individual who has been unemployed for at least 27 consecutive weeks and received unemployment compensation under state or federal law at some point during this period.

Ineligible Populations

Some exclusions apply to WOTC eligibility. The following individuals or groups of individuals cannot qualify for the WOTC, even if they are members of WOTC target groups:

  • Employer’s relatives and dependents;
  • Majority owners of the company; and
  • Former employees (re-hires)

The Benefit of Outsourcing Tax Credits Management

Claiming the WOTC credit can be a long and complicated process. Outsourcing tax credit administration comes with a wide range of benefits, including:

  • Remaining compliant with state and federal tax guidelines
  • Freeing up time in HR and payroll departments
  • Meeting necessary deadlines to claim tax credits
  • Identifying new tax credit opportunities to further lower tax liabilities

At Experian Employer Services, our WOTC administration can easily help you claim this credit.

  • Maintaining accurate records
  • Monitoring deadlines
  • Consulting tax professionals

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Representatives Lloyd Smucker (R-PA) and Terri Sewell (D-AL), together with several other lawmakers, have introduced the “Improve and Enhance the Work Opportunity Tax Credit Act.” According to Congressman Smucker’s press release, “The Improve and Enhance the Work Opportunity Tax Credit Act of 2023 would update the WOTC, which has not been changed since its enactment twenty-seven years ago, and encourage longer-service employment. The bill would (1) increase the current credit percentage from 40% to 50% of qualified wages and (2) add a second level of credit for employees who work 400 or more hours. In addition, the bill eliminates the arbitrary age cap at which SNAP recipients are eligible for WOTC. This change will provide an incentive to hire older workers and better align the credit with the work reforms adopted in the debt ceiling negotiations in 2023.” The text of the bill can be found here. The following are the specific changes the bill proposes: For certified employees who work at least 400 hours in their first year, increase the credit percentage from 40% to 50%. For certified employees who work more than 400 hours in their first year, increase the qualified wage caps as follows: For target groups with a cap of $6,000 in qualified wages, double the qualified wages to $12,000 for a total possible credit of $6,000 (compared to the current $2,400). Disabled veteran: The current credit is 40% of the first $12,000 (up to $4,800); the bill would increase that to 50% of the first $24,000 (up to $12,000). Long-term unemployed veteran: The current credit is 40% of the first $14,000 (up to $5,600); the bill would increase that to 50% of the first $28,000 (up to $14,000). Long-term unemployed disabled veteran: The current credit is 40% of the first $24,000 (up to $9,600); the bill would increase that to 50% of the first $48,000 (up to $24,000). The Summer Youth target group would remain at 40% and not go up to 50%. The age ceiling for the SNAP target group, currently at age 39, would be eliminated, allowing any new hire that otherwise meets the SNAP requirements to be certified. How and When Could This Happen? This bill represents the most significant proposal to enhance the value of WOTC in many years. However, to be considered, Congress needs to negotiate a tax bill. Tax bills are typically included with large legislative packages such as annual appropriation bills. Congress passed a continuing resolution in November to avoid a government shutdown and delay annual appropriations legislation until 2024. In this instance, Congress created two deadlines at which different parts of the government could shut down without new legislation: January 19 and February 2. According to the Washington Post, House Speaker Mike Johnson “pushed through the laddered approach — leaning on support from Democrats to pass the GOP-controlled chamber — while vowing not to take up another CR in January or February. He reiterated that pledge to House members in a letter last week. ‘It continues to be my intention that the House and Senate complete action on full-year bills ahead of the January 19 and February 2 deadlines provided for in the last continuing resolution,’ Johnson wrote. ‘I do not intend to have the House consider any further short-term extensions.’” Therefore, one opportunity for tax legislation will be in January in the context of government funding. Despite Speaker Johnson’s statements, that process could certainly be delayed further into 2024. Former House Ways and Means Chairman Dave Camp recently interviewed the current Ways and Means Chairman, Jason Smith, at a PwC event. According to Politico’s Weekly Tax newsletter, “[Chairman] Smith believes that a variety of potential vehicles could exist next year, according to Camp — which would mean avenues beyond government funding measures needed early in 2024.” However, even if Congress does take up tax legislation, it is unlikely that this WOTC bill will rise to the top of priority issues. Nevertheless, it introduces important policy considerations for the future of the program, which comes up for renewal at the end of 2025. Department of Labor to Study WOTC DOL has funded an independent contractor, Economic Systems, Inc., to perform an evaluation of the WOTC program. Among the questions the evaluation seeks to research are: What are the characteristics of jobs of WOTC-hires? What types of employers apply for WOTC? How is WOTC reflected in employer hiring and retention practices/policies? To what extent does pre-screening for WOTC eligibility affect employment outcomes? According to a public notice, surveys of various interest parties will be issued in the winter of 2024-2025. State WOTC Programs Several state legislatures have proposals to institute some kind of state WOTC program. Maryland successfully passed a state income tax credit match to WOTC effective in 2022. Here are some of the others we are watching: Georgia House Bill 372 Missouri Senate Bill 1207 New York Senate Bill S4833A & Assembly Bill A1991A North Carolina House Bill 853 Pennsylvania HM 41747 Pennsylvania HM 40254 On December 19, 2023, the city of Tacoma, Washington passed an ordinance creating a $1,000 local WOTC for employers that add a new position for an individual certified by the State Workforce Agency as a member of the vocational rehabilitation WOTC target group.

Published: December 20, 2023 by Anna Bankston

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The Experian Services Insights blog focuses on providing updates and solutions for HR teams, business owners, tax pros and compliance officers looking to navigate complex regulatory landscapes while optimizing their workforce management processes. Some important topics include payroll tax, unemployment, income & employment verification, compliance, and improving the overall employee experience.