What is the Work Opportunity Tax Credit (WOTC)?

18 Sep 2022 What is the Work Opportunity Tax Credit (WOTC)?

Bringing more people into the workforce is one of the best ways for the government and businesses alike to build a stronger economy. To that end, the federal government created and extended the Work Opportunity Tax Credit (WOTC), an incentive for businesses to hire workers who might have a harder time entering the workforce. The perk – and a good one at that – is a significant tax credit between $2,400 to $9,600 for each qualified employee.

In this article, we will provide information on the requirements for qualification, the tax credit amounts, and how to apply for the credit.

Who qualifies for the tax credit?

An employee must fall into one of the following 10 target groups, as defined by the IRS, to qualify for the WOTC.

In addition to falling into one of the above target groups, the employee must:

• Have worked at least 120 hours in the first year of employment,
• Not be related to the employer,
• Not have previously worked for the employer,
• and not be, or be related to, a majority stakeholder in the company.

How much is the credit?

The amount of the credit is based on the target group, number of hours worked and wages paid to the individual. All credits are based on a percentage of first-year wages, except for Long-Term TANF Recipients in which credits are based on and provided over two years of wages.

How to get the credit

In order to receive the credit, the employer must obtain a certification from the local state workforce agency verifying that the new hire is qualified as a member of a targeted group.

A job applicant may have conditional certification (ETA Form 9062) by the state workforce agency or partnering agency showing that they are tentatively qualified as a member of a target group under the WOTC program. This is often used by an applicant to make the potential employer aware of the credit if they are hired.

On or before the day an applicant is offered employment, the employer and the job applicant must complete Form 8850 (Pre-Screening Notice and Certification Request for the Work Opportunity Credit).

Within 28 calendar days of the employee’s start date, the employer must submit IRS Form 8850, together with ETA Form 9061 or ETA Form 9062, to the state workforce agency. If the employee does not have a conditional certification (ETA Form 9062), then the employer and employee must use ETA Form 9061 (Individual Characteristics Form). If the hired employee falls under the category of being a long-term unemployment recipient, they must also fill out ETA Form 9175, the Self Attestation Form.

After the state workforce agency has received the forms and approved the employee, the employer will receive a certification (ETA Form 9063) and can then claim the credits against their income taxes or Social Security payroll taxes depending on tax status.

The credit can be used to pay income taxes dollar-for-dollar up to the amount of their tax liability; it’s a non-refundable credit. Any excess credit can be carried back one year or carried forward 20 years.

Qualified Tax-exempt organizations who hire qualified veterans can claim the WOTC against their Social Security payroll taxes. The credit is limited to the amount of employer Social Security tax owed on wages paid to all employees for the period the credit is claimed.

The Work Opportunity Tax Credit is currently available until December 31, 2025, and there is no limit on the number of employees for which you can claim the credit. The purpose of this article is to provide an overview of the Work Opportunity Tax Credit. There are other rules and details beyond the scope of this article, so it’s important to discuss the WOTC with one of our expert advisors. If you are interested in learning more about the WOTC, please contact our office.

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