IRS Notice 2016-40 – Extends WOTC Transition Relief 3 Additional Months

Today, the IRS formally recognized that employers (and state workforce agencies) need more time to adjust to the WOTC-program changes initiated by the Protecting Americans from Tax Hikes Act of 2015.

This morning, the IRS issued Notice 2016-40, which extends transition relief for another three months. At about the same time, the Department of Labor also issued Training and Employment Guidance Letter Number 25-15, dealing with the same issues.

Background:

Back in March, the IRS issued Notice 2016-22, which temporarily modified the normal 28-day application deadline for WOTC applications.  That notice established June 29th as the grand-deadline to submit applications for all employees hired from January 1, 2015 through May 31, 2016.

Built into that schedule, however, was anticipation that the Department of Labor would issue updated WOTC forms in a timely manner.  Employers and state workforce agencies would need time to adjust their procedures and technology to handle all the changes.

This morning, however, we found ourselves just 12 days away from that original deadline, still waiting for the updated forms.  Happily, the new ETA forms are referenced in this mornings Guidance Letter. So I anticipate having them soon — probably later today.

Nevertheless, 12 days is not enough time to make this work.  We now collectively have been granted until September 28th to get our systems into working order and to submit all outstanding applications.

This deadline extension applies to employees hired January 1, 2015 through August 31, 2016.  Other than extending the time frames of transition relief, the recent notice does not otherwise modify the terms of the original IRS Notice 2016-22.

 

 

Deadlines Looming, WOTC Coalition Asks Treasury Department to Extend Transition Relief for 90 More Days

Paul Suplizio, President of the the Work Opportunity Tax Credit Coalition has authored an official letter to the Department of Treasury urging the Department to extend the time period granted for WOTC applications under Transition Relief.

IRS Notice 2016-22 provides Transition Relief for employers needing more time to process WOTC applications for employees hired in 2015 and early 2016.  This relief was necessary because of Congress’ long delay in reauthorizing the WOTC program after it expired on December 31, 2014.

Congress passed legislation on December 18, 2015 to reauthorize WOTC for 5 years, including retroactively 1 year to cover 2015.

Under the regular rules, employers face a 28-day deadline to submit a WOTC application for an employee who qualified at their time of hire. Transition Relief, as currently offered by the IRS, extends the application deadline to June 29, 2016 for all eligible employees hired from January 1, 2015 through May 31, 2016.  The WOTC Coalition is asking the Treasury Department to extend the June 29 deadline by another 90 days.

Why? WOTC employers still face a major problem.  The Department of Labor has not yet issued the revised application forms and the official guidance employers need in order to comply with the newest provision of the WOTC tax code.

State workforce agencies that receive the applications and issue certificates for qualifying employers also face challenges. Until the new forms and guidance are issued, they can not update the software systems and online webforms that support the application and certification process.  Agencies in many states are asking employers to delay submitting their applications until the updates and revisions can be made.

Even if the Department of Labor issued the anticipated forms and guidance today, many state workforce agencies would be hard pressed to complete their internal system updates in time for employers to submit all their WOTC applications before the June 29 deadline.

 

Bill’s Sponsor Kills Colorado State WOTC Proposal

Ed Sealover of the Denver Business Journal reports today that State Representative Dianne Primavera has killed her state tax credit proposal HB 1372. Yesterday, Colorado’s House Finance Committee voted 9 to 0 to postpone the bill indefinitely.

Sorry, for now there will be no state Work Opportunity Income Tax Credit for Colorado employers.

Read more:  Denver Business Journal,

Colorado Work Opportunity Income Tax Credit

Colorado House Bill 1372, legislation proposing a State of Colorado Work Opportunity Income Tax Credit, has been working its way through the Colorado State Legislature.

HB 1372 was introduced on March 16th. The House Committee on Public Health Care and Human Services passed an amended version of the bill on April 5, sending it to the House Finance Committee for further hearings.  Apparently, the sole amendment was to delay implementation of the program until January 1, 2018.

Finance is scheduled to hold its hearing today (Wednesday, April 20th) but we have no further information so far this afternoon.

Colorado’s WOTC program would mirror the federal WOTC. Target groups and other aspects of the program are actually defined by referencing the pre-existing federal WOTC code .

An example from Colorado HB 1372:

“MEMBER OF A TARGETED GROUP” HAS THE SAME MEANING AS SET FORTH IN SECTION 51 (d) OF THE INTERNAL REVENUE CODE, AS AMENDED, AND IS SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 51(i) OF THE INTERNAL REVENUE CODE, AS AMENDED.”

 

Read more in the Denver Business Journal.

Investing in Older Workers Act of 2016 Would Increase WOTC Tax Credit Earned for Hiring Older Workers Suffering Long Term Unemployment

Representative Bonnie Watson Coleman of New Jersey has sponsored a bill to increase the amount of Work Opportunity Tax Credit generated by wages paid to older Long Term Unemployment Recipients.

BonnieWatsonColemanPIC

This bill, known as the Investing in Older Workers Act, would increase the maximum qualifying wage from the current $6,000 to $14,000 for qualifying Long Term Unemployment Recipients who are age 55 or older.  As a result, the maximum tax credit amount that could be generated by hiring an an older long-term unemployment recipient would increase from $2,400 to $5,600.

The current law does not distinguish long-term unemployment recipients based on the age of the worker.  Under this proposal, however, the wage basis and tax credit amount generated would not change for long-term unemployment recipients who are younger than age 55.

The Investing in Older Workers Act also proposes an annual adjustment for inflation that would increase the $14,000 wage basis by increments of $50 as inflation raises the cost of living.

 

IRS Issues Revised Form 8850 – Includes WOTC Target Group J

irs8850_TOPThe IRS has issued a revision of IRS Form 8850 “Pre-Screening Notice and Certification Request for the Work Opportunity Credit.”  This revision was made necessary by the recent Protecting Americans from Tax Hikes Act of 2015 (PATH Act), which added a new target group to the WOTC program. The form now includes a question to screen for Long Term Unemployment Recipients.

Question number 7 at the bottom reads:

“Check here if you are in a period of unemployment that is at least 27 consecutive weeks and for all or part of that period you received unemployment compensation.”

The form’s instructions include guidance that defines the new target group:

Qualified long-term unemployment recipient. An individual hired after 2015 who on the day before the individual begins work for the employer, or, if earlier, the day the individual completes Form 8850 as a prescreening notice, is in a period of unemployment that: Is not less than 27 consecutive weeks, and Includes a period (which may be less than 27 consecutive weeks) in which the individual received unemployment compensation under state or federal law.

Please share this news with your friends and business associates!

Hire For a Second Chance Act of 2016 Would Increase WOTC Ex-Felon Tax Credit (and Make WOTC Permanent)

Representative Bonnie Watson Coleman of New Jersey has sponsored a bill to increase the amount of Work Opportunity Tax Credit generated by wages paid to qualifying ex-felons.  Her bill, known as the Hire for a Second Chance Act of 2016, would increase the maximum qualifying wage from the current $6,000 to $14,000.  As a result, the maximum tax credit amount that could be generated by hiring an ex-felon would increase from $2,400 to $5,600.

With little fanfare, Representative Coleman’s bill also proposes to delete Internal Revenue Code Section 51(C) paragraph 4, which currently reads:

“The term ‘wages’ shall not include any amount paid or incurred to an individual who begins work for the employer after December 31, 2019.”

In other words, this bill would make make WOTC permenant by deleting the expiration date from the code.

You can read her bill here.

Cosponsors to the bill include three other Democrats: Representatives Sheila Jackson Lee of Texas, Charles B. Rangel,  of New York, and Donald M. Payne, Jr. of New Jersey.

Edited 03/31/2016

Thank you Kentucky WOTC for Today’s Update

I received a system-generated update from the Kentucky Work Opportunity Tax Credit Office this morning.  If you have dealings with that office, perhaps you also received it.

It looks like the guidance provided in IRS Notice 2016-22 regarding the new WOTC Target Group (Long Term Unemployment Recipients) might be a little obsolete already.  Here’s the language I received this morning.

Notice the subject line says, “Waiting for IRS Guidance”.  Aren’t we all?

************** begin quote:
From: wotc.system@ky.gov
Sent: Wednesday, March 16, 2016 7:21 AM
Subject: Waiting for IRS Guidance

This is a message from Kentucky Work Opportunity Tax Credit office

Information Update:

03/15/2016

The U.S. Department of Labor, Employment and Training Administration, Office of Workforce Investment, Division of National Programs, Tools, and Technical Assistance has contacted us regrading WOTC and a meeting with IRS is planned to discuss precisely how the State Workforce Agencies are going to verify eligibility in the new Target Group – Long Term Unemployed  Recipient.  There has been a shift from the guidance IRS already published Notice 216-22 and what IRS seems to require in addition to the Self-Attestation Form.

Updated information on this target group will be provided as soon as we are informed.

***** end quote.

Thank you Kentucky!

IRS Notice 2016-22 – WOTC Transition Relief and Guidance

IRS Notice 2016-22 can now be found on the IRS website through a Google search.  Click the link to get your copy.

In a nut shell, for employees hired from January 1, 2015 through May 31, 2016 (inclusive), the usual 28-day application deadline has been extended through June 29, 2016.  That’s good.

Disappointedly, however, Notice 2016-22 does not provide definitive guidance about qualifying employees under the new Long Term Unemployment Recipient target group.  Rather, it defers this to the yet-to-be revised Form 8850 and ETA 9061.

“Those modified forms and instructions will indicate the information that must be provided on the forms for the employer to receive certification from the DLA that the individual is a qualified long-term unemployment recipient.”

“The Treasury Department and the IRS anticipate that the modified forms will include a requirement that the individual signing the form attest that he or she meets the requirements to be a qualified long-term unemployment recipient and a requirement that the individual attest to the period(s) during which the individual was unemployed and the period the individual received unemployment compensation.”

A few years ago, the IRS developed similar requirements for the Disconnected Youth target group (now discontinued).  To document an employee’s status as a disconnected youth, the employee signed a statement form provided by the Department of Labor.  I’m guessing there will be something similar promulgated for the Long Term Unemployment Recipient group.

WOTC Transition Relief and Forms Update – Almost There

Paul Suplizio, President of the Work Opportunity Tax Credit Coalition, announced this morning that the IRS has released Notice 2016-22 providing for WOTC Transition Relief. I believe Paul but so far, I am unable to find the documents online.  Perhaps they’ll show up later today.

As soon as the nitty-gritty details come to light, you’ll be the first to know.