Work Opportunity Tax Credit
The legislative changes under the Tax Increase Prevention Act of 2014, retroactively allow taxable employers to claim the Work Opportunity Tax Credit (WOTC) for all of the targeted group employee categories listed on Form 5884, if they began work after Dec. 31, 2013, and before Jan. 1, 2015.
Notice 2015-13 provides employers that hire members of targeted groups additional time beyond the 28-day deadline for submitting Form 8850, Pre-Screening notice and Certification Request for the Work Opportunity Credit, to Designated Local Agencies (DLAs). Because the Tax Increase Prevention Act of 2014 extended the Work Opportunity Tax Credit (WOTC) retroactively for 2014, members of targeted groups and employers need additional time to submit Form 8850. An employer will be considered having timely submitted Form 8850 to the appropriate DLA if they submit it not later than April 30, 2015. A timely request for certification does not eliminate the need for the employer to receive a certification before claiming the credit.
The process for taxable businesses claiming the WOTC for all categories remains the same. See the information below for more details.
For tax-exempt employers claiming the WOTC for veterans categories, follow the instructions shown on Form 5884-C, Work Opportunity Credit for Qualified Tax-Exempt Organizations Hiring Qualified Veterans (PDF).
Pre-screening and Certification
All employers must obtain certification that an individual is a member of the targeted group, before the employer may claim the credit, by filing Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit. An eligible employer must file Form 8850, Pre-Screening Notice and Certification Request for the Work Opportunity Credit, with their respective state workforce agency within 28 days after the eligible worker begins work (See Transitional Relief above).
Employers should contact their individual state workforce agency with any specific processing questions for Forms 8850.
Claiming the Credit
After the required certification is secured, taxable employers claim the tax credit as a general business credit against their income tax by filing the following:
- Form 5884 (with instructions) (PDF),
- Form 3800 (PDF),
- Instructions for Form 3800 (PDF), and
- Your business’s related income tax return and instructions (i.e., Forms 1040, 1041, 1120, etc.)
Qualified tax-exempt organizations described in IRC Section 501(c) and exempt from taxation under IRC Section 501(a), may claim the credit for qualified veterans who begin work on or after Nov. 22, 2011, and before Jan. 1, 2015.
After the required certification (Form 8850) 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 (PDF).
File Form 5884-C after filing the related employment tax return for the employment tax period for which the credit is claimed. It is recommended that qualified tax-exempt employers not reduce their required deposits in anticipation of any credit as the forms are processed separately.
In addition to Form 5884-C and its instructions, tax-exempt employers should see the Frequently Asked Questions & Answers for more details for claiming the credit.