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In 1978 the Federal Government created the
Targeted Jobs Tax Credit (TJTC) program to help employers obtain tax
credits for hiring individuals who fell into specific groups. Once
these employees met a retention period, the employer could claim a tax
credit of up to $2,400 per employee for their first year of employment
(i.e., 40% of wages up to $6,000). The credit applied directly to the
company's income tax liability could add up to thousands, or even
millions of dollars in tax savings per year, depending on the company's
size.
Since its inception, TJTC has received bipartisan support in both
houses of Congress and from all presidents. It has, however, been
victim of political jockeying and has been shut down for periods of
time up to one year, in most previous shut downs the program was
renewed retroactively allowing employers to capture the credits earned
during the down period.
TJTC was finally ended permanently December 31,1994 and reintroduced
into the new Congress as Work Opportunity Tax Credit (WOTC) with all
parties agreeing that early approval and enactment would be
forthcoming. WOTC also had some basic changes updating the targeted
groups and encouraging employers to hire and retain "at risk" groups
and thereby reduce the welfare rolls. Because of the Congressional
budget battles and several stalemates in Washington, DC, the program
was not put into law until October 1, 1996 (as part of the Minimum Wage
Bill) but was not retroactive.
In October 1996, when WOTC began, the tax credit available to employers
for hiring qualified WOTC employees was 35% of wages (i.e., 35% of
wages up to $6,000) for a total credit of $2,100. Along with that, the
employee had to be employed at least 180 days or 400 hours. Termination
of an employee before they reached the day/hour mark resulted in a
denial of credit.
WOTC was active from October 1, 1996 through June 30, 1997. When WOTC
was reintroduced in October 1997, besides making the WOTC a two-tiered
program, they also introduced the Welfare to Work (W2W) program. This
program allows employers to receive a two-year credit for hiring long
term AFDC (Aid to Families with Dependent Children) recipients. The
Credit is 35% of the employee's first year's wages up to $10,000 and
50% of the employee's second year's wages up to $10,000 for a total
two-year credit of $8,500. Although qualified employees sometimes fall
into both WOTC and W2W in the same year, employers are only eligible to
receive credit for only one of the two programs.
The program again went down from June 1998 until October 1, 1998. As of
December 31, 2001, WOTC is under Congressional review.
President Bush signed a stimulus bill on March 9, 2002 wich renewed the
WOTC/W2W program. The new law extended both the Work Opportunity Tax
Credit (WOTC) and Welfare to Work Tax Credit through December 31, 2003,
a two year extension for each. As both progrtam extensions were
approved as retroactive, clients were able to earn credits for
qualified applicants hired since January 1, 2002. The reauthorization
applies to individuals who began work for their employer from January
1, 2002, and before January 1, 2004. Subsequently, the WOTC/W2W program
was extended to Dec. 31, 2005
On May 25, 2007, the President signed into law
the Small Business and Work Opportunity Tax Act of 2007 (P.L. 110-28),
which extends the WOTC Program through August 31, 2011. This Act and
the Tax Relief and Health Care Act of 2006 (P.L. 109-432), signed into
law on December 20, 2006, amend certain target group definitions,
introduce new provisions that streamline the WOTC program and make it
easier for the business sector to participate. For example, P. L.
109-432 eliminated the Welfare-to-Work Tax Credit (WtWTC) by merging it
into the WOTC and making the Long-term TANF Recipient another WOTC
target group.
Most recently, on February 17, 2009 President
Obama approved the American Recovery and Reinvestment Tax Act of 2009
(ARRTA) of which Section 1221 amended § 51 to add two new targeted
groups for purposes of the WOTC. The new § 51(d)(14) provides that
unemployed veterans and disconnected youth who begin work for an
employer during 2009 or 2010 shall be treated as members of a targeted
group for purposes of the WOTC.
To learn which credit would be most profitable
for your organization, contact MCM today for your complimentary
evaluation.
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