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White House Reiterates Proposal for Permanent WOTC Program

Wednesday, May 1st, 2013

As reported earlier this month, the 2014 fiscal budget as proposed by the White House includes a proposal to make the VOW to Hire Heroes tax credits permanent.  It would accomplish this by giving permanency to the entire Work Opportunity Tax Credit (WOTC) program — of which the VOW tax credits are an integral part.

During a veterans’ employment event at the White House on Tuesday, President Obama reiterated that proposal.

Obama noted that he has proposed a permanent extension of a tax break that Congress approved in late 2011. Employers get up to a $5,600 tax credit for hiring a veteran out of work for more than six months, or up to $9,600 for hiring a disabled veteran out of work for the same amount of time

Read more:

WashingtonPost: White House musters U.S. firms to hire veterans, spouses

MSNBCMore jobs for vets, cheers Michelle Obama, but ‘there’s more work to be done

SeattleTimesPresident, first lady ask companies to hire vets

White House Budget Proposes Permanent WOTC Tax Credit Program

Friday, April 12th, 2013

Last summer, the House Subcommittee on Select Revenue Measures held hearings to explore HOW to evaluate the numerous tax extenders coming before Congress each year.  Chairman of the Subcommittee, Congressman Pat Tiberi (R-OH) explained at the time:

“[We] need to consider carefully the principles that we should use to evaluate the merits of these policies. Having recently heard from our House colleagues about their views on many of these extenders, it is time for the Subcommittee Members to roll up their sleeves and see how the provisions stack up against what experts consider the principles of sound tax policy.”

Ultimately, some programs should be made permanent while those not worthy of permanence should be eliminated altogether.

A loose consensus has existed among observers that the Work Opportunity Tax Credit (WOTC) program would be a strong candidate for permanence.   The Obama Administrative this week has cast its vote on that issue.

On page 33 of the Fiscal Year 2014 Budget of the U.S. Government we find this little jewel.  (Thank you to Paul Suplizio, President of the WOTC Coalition, who pointed this out in a coalition email early this week.)

The Administration also continues its support of tax credits that will help employ veterans. The Returning Heroes Tax Credit, which provides up to $5,600 to employers, and the Wounded Warrior Tax Credit, which provides up to $9,600 to hire long-term unemployed veterans with service-connected disabilities, were recently extended for one more year in the American Taxpayer Relief Act of 2012. These credits are a part of the Work Opportunity Tax Credit (WOTC), which contains other categories targeted to hiring veterans. The Budget proposes to permanently extend the WOTC.

FYI, the WOTC program is not directly mentioned again anywhere within the 244 page budget document.

Great News! Question Resolved: IRS Notice 2013-14 is Fully Retroactive

Tuesday, March 12th, 2013

Carmen Ortiz, the United States’ National WOTC Coordinator (U.S. Department of Labor, Employment & Training Administration) issued a correspondence to all of the program’s Regional Coordinators. The purpose of the correspondence was to answer the question many have been asking about IRS Notice 2013-14.

Does the notice in essence wave the “on or before the day of hire” requirements created by §51(d)(13)(A)(ii). Short answer: YES!

In her email correspondence, Ms. Ortiz states that while she is the author of the response to this question, she first ran her response before the IRS.

Now I quote Ms. Ortiz, National WOTC Coordinator:

“The transition relief would permit an employer to go back and have a targeted group member employee hired within the relevant timeframe fill out a Form 8850 and submit it by April 29, 2013.”

And again, in other words:

“An employer can go back and if the new hire was employed within the relevant timeframe, the employer/employee can fill out a Form 8850, signed and dated and submit it to a SWA requesting certification by April 29, 2013.”

So, to summarize.

Notice 2013-14 waves the 28-day deadline for submitting IRS Form 8850 (the WOTC Pre-screen Notice) for qualifying employees hired within certain dates ranges in 2012 and early 2013. The extended deadline for submitting the applications for affected employees is now April 29, 2013. If a Form 8850 was not previously completed by the employee, the form may be completed at this time.

The rules apply as follows:

  • For all targeted groups except qualifying veterans, the extension applies to qualifying employees hired from January 1, 2012 through March 31, 2013 (that’s a period of 15 months).
  • For qualifying veterans, the extension applies to qualifying employees hired between January 1, 2013 through March 31, 2013 (a period of just 3 months)

 

Excerpted from Notice 2013-14

Targeted Groups other than Veterans:

A taxable employer that hires a member of a targeted group (as defined in § 51(d)(2) through (10), other than a qualified veteran described in § 51(d)(3)) on or after January 1, 2012, and on or before March 31, 2013, will be considered to have satisfied the requirements of § 51(d)(13)(A)(ii) if it submits the completed Form 8850 to the DLA to request certification not later than April 29, 2013.

Qualifying Veterans:

An employer that hires any qualified veteran described in § 51(d)(3) on or after January 1, 2013, and on or before March 31, 2013, will be considered to have satisfied the requirements of § 51(d)(13)(A)(ii) if it submits the completed Form 8850 to the DLA to request certification not later than April 29, 2013.

Thank you to John Sandusky, Partner at the Tax Incentive Group, LLC for forwarding this information to me at The WOTCPlanet.com.

Confusion about IRS Notice 2013-14

Monday, March 11th, 2013

I have received a number of additional inquiries about IRS Notice 2013-14. Specifically, readers want to know if under the Notice, the affected employees are still required to complete IRS Form 8850 on or before the day they are offered a job.

Answer: I do not know for sure but until further guidance is given must assume that, Yes, employees with hire dates affected by Notice 2013-14 are still required to have completed the form on or before the day of their job offer.

Having said that, I am looking further into this issue.  

 

Caution about IRS Notice 2013-14

Saturday, March 9th, 2013

Yesterday, I published a post about IRS Notice 2013-14.

I have since modified that post and I want to advise caution about how employers interpret the IRS Notice.

The notice provides that employers who submit a completed IRS Form 8850  by April 29, 2013 “will be considered to have satisfied the requirements of § 51(d)(13)(A)(ii).”  This “transition relief” applies generally to WOTC qualifying employees hired from January 1, 2012 through March 31, 2013.  For qualifying veterans, the period is limited to employees hired during the first quarter of 2013.

Now, let’s get technical for a moment.  § 51(d)(13)(A)(ii) includes two basic requirements:  One, that employees complete the IRS 8850 pre-screening notice on or before the day they are offered a job; and two, that employers submit the completed IRS Form 8850 within 28-days of the new employee’s start date.

It is clear that Notice 2013-14 waves the 28-day submission deadline for these employees.

It is not clear, however, if the transition relief waves the requirement that employees complete the IRS 8850 on or before the day of their job offer.  If it does not, then the level of benefit stemming from this transition relief is much less than I originally suspected.

Opportunity Alert! IRS Notice 2013-14 Providing Transition Relief for Employers Submitting Late WOTC Applications

Friday, March 8th, 2013

The IRS has released IRS Notice 2013-14, which provides transition relief given the late retroactive renewal of the Work Opportunity Tax Credit program in January. The transition rules are not the same, however, for all WOTC target groups.

Notice 2013-14 waves the 28-day deadline for submitting IRS Form 8850 (the WOTC Pre-screen Notice) for qualifying employees hired within certain dates ranges in 2012 and early 2013. The extended deadline for submitting the applications for affected employees is now April 29, 2013.

The rules apply as follows:

  • For all targeted groups except qualifying veterans, the extension applies to qualifying employees hired from January 1, 2012 through March 31, 2013 (that’s a period of 15 months).
  • For qualifying veterans, the extension applies to qualifying employees hired between January 1, 2013 through March 31, 2013 (a period of just 3 months)

 

Excerpted from Notice 2013-14

 Targeted Groups other than Veterans:

A taxable employer that hires a member of a targeted group (as defined in § 51(d)(2) through (10), other than a qualified veteran described in § 51(d)(3)) on or after January 1, 2012, and on or before March 31, 2013, will be considered to have satisfied the requirements of § 51(d)(13)(A)(ii) if it submits the completed Form 8850 to the DLA to request certification not later than April 29, 2013.

Qualifying Veterans:

An employer that hires any qualified veteran described in § 51(d)(3) on or after January 1, 2013, and on or before March 31, 2013, will be considered to have satisfied the requirements of § 51(d)(13)(A)(ii) if it submits the completed Form 8850 to the DLA to request certification not later than April 29, 2013.

Here a link to the entire Notice 2013-14.

Tax Reform on the Horizon – Battle for WOTC and Other Incentives Looms

Friday, March 1st, 2013

Speaker of the US House of Representatives, John Boehner (R-Ohio) has recently repeated his vow to make comprehensive tax reform a top priority of the new Congress this year.  Symbolic of that end, Speaker Boehner has reserved the designation of House Resolution 1 (HR 1) for the coming tax reform bill.

“Fixing our tax code is one of my highest legislative priorities for this Congress . It’s time we shift the balance of power from the tax collector to the taxpayer.” Read more at The Hill, “Boehner: Tax reform to be H.R. 1.”

Paul Suplizio, President of the WOTC Coalition, made the observation today that given this priority, supporters of the Work Opportunity Tax Credit and other jobs-related incentives will soon face a political challenge that could easily turn against them.

“Integral to tax reform will be decisions on retaining many tax provisions that expire at year-end, including WOTC and VOW Act veterans job incentives.”

“We’ve stressed in the past that our Coalition will have to work harder than ever to keep WOTC alive when the House takes up tax reform, as the odds right now are against our winning a favorable verdict in the Ways and Means Committee.”

The remainder of Mr. Suplizio’s observations today are published here with permission.

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Subject: President And Leaders Agree To Avoid Shutdown, Boehner Sets Course For Tax Reform

From: Paul Suplizio
Date: Fri, March 01, 2013 6:10 pm
March 1, 2013

The President and Congressional leaders didn’t resolve the sequester in their meeting today, but they did reach agreement to pass a bill funding the government for the rest of 2013, averting a government shutdown.

Both sides agreed to a measure adhering to the $1.043 trillion cap set for FY 2013 discretionary spending by the Budget Control Act of 2011, and not dealing with sequester or taxes.

The bill will more likely be a Continuing Resolution along the lines of Appropriations Chairman Rogers’ proposal in the House, which includes assured funding levels for Defense and Veterans Administration.

The President acknowledged across-the-board sequester cuts would be taken from the $1.043 trillion Continuing Resolution, so long as the sequester remains in effect.

Funding the government in an orderly manner and avoiding a shutdown means the question of mitigating the sequester remains on the table. The parties are deadlocked but channels are open—whether they’ll be used depends on who feels the most heat.

The heat’s already rising. At a press conference today, Chairman “Buck” McKeon of the House Armed Services Committee, surrounded by his subcommittee chairman, attacked the President for not forestalling the sequester, punishing service men and women. He admitted though, he had voted for sequester in 2011—not expecting the Super Committee would fail and it would come to pass.

The President’s budget for 2014 will be released in a few days, followed by House and Senate budgets next month. If the sequester is still in effect then, it will be absorbed in the struggle of dueling budgets, from which will emerge this year’s major tax and spending bills.

Two days ago Ways and Means Committee Chairman Dave Camp won a decision from Speaker Boehner to report a tax reform bill, whose broad outlines will be set by the coming Ryan budget. The Speaker’s courageous decision was taken despite fears of many Republicans that taking votes to eliminate or cap popular deductions and credits could hurt them.

Integral to tax reform will be decisions on retaining many tax provisions that expire at year-end, including WOTC and VOW Act veterans job incentives. You can read the long list of expiring provisions at the Joint Committee on Taxation’s web site, www.jct.gov, in JCX-3-13, “List of Expiring Federal Tax Provisions, 2013-2023.”

We’ve stressed in the past that our Coalition will have to work harder than ever to keep WOTC alive when the House takes up tax reform, as the odds right now are against our winning a favorable verdict in the Ways and Means Committee. Thanks to allies like Senators Baucus and Finance Committee Democrats, we may prevail in the Senate, but once the Senate goes to conference with the House to resolve their differing bills, the game can turn on a whim. We once lost the entire target group of disadvantaged youth in conference because a tobacco-state senator insisted on an excise tax cut—those jobs paid for his cut!

PAUL E. SUPLIZIO
President, WOTC Coalition

Sequester Noise Drowning Out Concerns for Sandy Tax Relief & WOTC . . . for Now

Thursday, February 28th, 2013

You may appreciate this recent update from Paul Suplizio, President of the WOTC Coalition.  Paul reviews recent political exchanges and developments in connection with the sequester and observes how the sequester fight is drawing attention away from other important matters such as Hurricane Sandy tax relief.

You might recall, one form of tax relief under consideration for Hurricane Sandy victims is an expanded Work Opportunity Tax Credit for areas affected by the storm.

The following is published here with permission.

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Subject: Both Sides Showing Their Hands in Sequester Fight, But No Sandy Aid
From: Paul Suplizio
Date: Wed, February 27, 2013 10:55 pm
February 27, 2013

On Monday, Senator Reid brought to the floor the Democrats anti-sequester bill, S. 388, the “American Family Economic Protection Act of 2013.” The bill defers the sequester by substituting major tax hikes and spending cuts hitting wealthy taxpayers, outsourcers, oil companies, and direct subsidy payments to farmers. Text of S.388 is available at www.thomas.gov. .

Today, Senator McConnell introduced the Senate Republicans’ reply, S. 16, dubbed “a smarter way to replace the sequester,” the product of a studious effort on the part of the Appropriations Committee’s professional staff to find ways of cutting $85 billion in FY 2013, but lessening the damage imposed by across-the-board cuts by allowing certain budget accounts to escape cuts in part or entirety, while giving Cabinet secretaries and agency heads limited discretion to move funds from lower to higher priority accounts.

The McConnell approach, if successful, would blunt some of the dire consequences the President and Democrats have been portraying for the sequester. But now both Senate leaders have dug themselves into a position from which it will be difficult for them to move—and they will carry these positions into the White House meeting of congressional leaders and the President on Friday to try to fix things.

To make matters worse, tomorrow there will be two cloture votes in the Senate, first on the McConnell bill and then on the Reid measure; there’s little doubt both will fail to muster 60 votes, so Senate leaders will be walking into the White House Friday with their immovable positions publicly paraded.

In a breakthrough, House Republicans have begun to coalesce around the bill offered by Chairman Mike Rogers of the House Appropriations Committee, which takes the same approach as the McConnell measure and which anticipated the McConnell measure by months. House Leaders spent all Wednesday sounding their caucus on the Rogers approach, and some members are commenting favorably as they think it will turn the tables on the President.

This is no small matter, since by granting flexibility in making cuts, Rogers/McConnell can be attacked for delegating to the President some portion of congressional powers to appropriate. House supporters of Rogers seem to be saying they are ready to make that concession so long as they get $85 billion in cuts.

The Rogers bill began as an Omnibus Appropriations measure for the remainder of FY 2013—this bill, or something like it, must be passed by March 27th or the government will have to shut down. As various congress people began to view it seriously, and so commenced mangling it, the bill is now converted from an Omnibus specifying budget authority for every account, to a Continuing Resolution specifying guidance for applying cuts to various accounts, so priority needs will be funded but total cuts will still come to $85 billion.

We will learn tomorrow whether Speaker Boehner will bring the House into play by adopting the Rogers approach. If he does, this means Cantor, Ryan, and the Republican Study Group (the organ of the far right) are on board, and Boehner will go into the White House meeting with a constructive position—as the saying goes, you can’t beat something with nothing. Then the White House talks will canvass who has the smarter approach—McConnell/Boehner or the President/Reid/Pelosi.

Both the Rogers and McConnell measures avert the sequester and fund the government for the remainder of the fiscal year, preventing a shutdown—we will soon learn how far the President will move: right now he wants the $85 billion in cuts deferred, and his own budget for Defense and civilian agencies enacted for the remainder of the fiscal year, plus more tax revenues.

Hurricane Sandy tax relief hasn’t been re-introduced in the 113th Congress, thus the best statement of the relief provisions sought—patterned after Katrina tax relief—remains H.R. 6683 (112th Congress), “Hurricane Sandy Tax Relief Act of 2012,” introduced last December 13th by Congressman Bill Pascrell (D-NJ). The bill extends WOTC to employers and job-seekers in the Hurricane Sandy disaster area, and has a long list of backers.

Unfortunately, the passions aroused by the sequester have blotted out serious thought of Sandy by key deciders at the moment, but the need to put tax relief into law so people hit by the hurricane will know what their tax rights are when they replace a damaged building or hire a new worker—that need will still be there.

PAUL E. SUPLIZIO
President, WOTC Coalition

Coalition Strategy for Renewal of Expired Disconnected Youth Target Group

Wednesday, February 6th, 2013

The Work Opportunity Tax Credit (WOTC) target group known as Disconnect Youth was created by the American Recovery and Reinvestment Tax Act of 2009. (See “New WOTC Tax Credit Opportunities Arise from Stimulus Bill”) 

For purposes of WOTC eligibility, a disconnected youth is someone who at the time of hire: (1) is between the ages of 16 and 24 inclusive, (2) is not regularly attending any secondary, technical, or post-secondary school during the 6-month period prior to hire, (3) is not regularly employed during the same 6-month period, and (4) is not readily employable by reason of lacking a sufficient number of basic skills.

While very successful as part of the work opportunity program, it was also very short lived. An expiration date of December 31, 2010 was built in from its beginning. Since that time, however, many of us have held out hope that the Disconnect Youth target group would be renewed. The WOTC Coalition, among others, has been pressing for its renewal.

Early this morning, I received the following correspondence from Paul Suplizio, President of the WOTC Coalition. In it, Paul addresses current efforts to restore the Disconnected Youth target group. It is published here with permission.

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From: “Paul Suplizio”
Date: Wed, February 06, 2013 1:13 am
Subject: WOTC Disconnected Youth Target Group

February 6, 2013

Since expiration of the disconnected youth target group in 2010, our Coalition has been pressing for its restoration. “Disconnected youth,” broadly defined as youth ages 16 through 24 who are out of school and out of work, are approaching 7 million in number today. In the brief 18 months of 2009-2010 when they were a WOTC target group, 362,561 disconnected youth found jobs, and we were easily on the way to a half million a year when their target group was terminated.

Our Coalition’s efforts helped bring about appointment of an inter-agency task force, headed by OMB, in 2011, and a “request for information” was sent to around 800 government agencies and NGO’s, culminating in a webinar conference in June of last year that, regrettably, hasn’t produced much so far. Our dialogue with OMB staff has continued since that time, with the goal of getting the President to address the serious disconnected youth problem in the Fiscal Year 2014 budget, and propose WOTC as the solution.

We are enclosing a copy of our latest message to OMB, sent on January 31st.

We haven’t received a reply to this message and don’t expect one till after release of the President’s budget.

Regardless of the budget, we will go all out way for restoration of disconnected youth this year. If there’s a sequester deal between now and March 1st, we will have a chance to get in the deal. Please bring this up with your White House contacts and ask them to support it—no need to ask them to extend WOTC, just present disconnected youth as major labor force problem that needs to be addressed, that restoring it in the jobs tax credit which proved very effective in 2009-2010 makes sense and should be included in the President’s proposals.

You should also bring it to attention of Majority Leader Harry Reid, Senate Finance Committee Chairman Max Baucus, and ask other Finance Committee senators to urge Senator Baucus to get it in the Democrats’ revenue proposals for a sequester deal. Senator Reid wants revenue in any sequester bill, so if the political stars align, there may be a tax title which can carry both disconnected youth and Hurricane Sandy WOTC to passage.

If sequester doesn’t work, we’ll try again on the next tax vehicle to come along.

We will keep you informed.

PAUL E. SUPLIZIO
President, WOTC Coalition

Senator Schumer Extols Extension of VOW to HIRE Veteran WOTC Target Groups

Friday, January 4th, 2013

An article published today in The Saratogian by Paul Post outlines the recent renewal of the Returning Heroes and Wounded Warriors tax credits (as target groups within the Work Opportunity Tax Credit program).  The so-called American Taxpayer Relief Act of 2012 reauthorized the WOTC program through December 31, 2013.

Senator Charles Schumer, a Democrat from New York, has been a noted supporter of the WOTC program and the related veteran target groups.

“There are far too many veterans in New York and across the country without jobs, and these tax credits for businesses to hire veterans are a proven remedy in addressing that unfortunate truth,” U.S. Sen. Charles Schumer, D-N.Y., said. “Had the Returning Heroes and Wounded Warrior Tax Credits been allowed to expire, New York businesses and veterans alike would have lost a critical tool in getting smart and talented veterans to work.”

This article lists some interesting statistics describing unemployment among recent veterans.

The unemployment rate for veterans who served on active duty in the Armed Forces at any time since September 2001 was 12.1 percent in 2011. The jobless rate for all veterans was 8.3 percent.

Twenty-six percent of Gulf War-era II (2001-11) veterans reported having a service-connected disability in August 2011, compared with about 14 percent of all veterans.

Young male veterans, ages 18 to 24, who served during Gulf War era II had an unemployment rate of 29.1 percent in 2011, higher than that of young male non-veterans (17.6 percent).

Read the entire article.