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WOTC and Other Tax Extenders Must Wait

Thursday, February 16th, 2012

The House – Senate Conference has come to an agreement on what is now dubbed The Middle Class Tax Relief and Job Creation Act of 2012. Expectations are high that both the House and Senate will quickly pass the bill. President Obama has already indicated he will sign the bill.

Unfortunately, the tax extenders, including the general WOTC extension, were completely excluded from this legislation. All WOTC categories except for those favoring military veterans must now wait to be extended by another yet future tax bill.

As I’ve summarized before, this situation is not unusual for the Work Opportunity Tax Credit (WOTC) program. Of the eight times Congress has acted to renew or extend the WOTC program, three were passed retroactively months after the program’s legislative authority had expired.

The first was in March 2002 after WOTC expired on December 31, 2001.
The second was in October 2004, about ten months after WOTC expired on December 31, 2003.
The worst example to date was in December 2006, when the program was reauthorized almost 12 months after its expiration.

In each of these events, the renewal was made effective retroactively back to the date of expiration. In other words, employers were eligible to claim tax credits generated by properly certified employees hired between the expiration date and the date the WOTC program was renewed.

We continue to anticipate a similar re-authorization in 2012. For this reason, my firm will continue to process and submit WOTC applications under all employee-eligibility categories — not just for veterans.

As employers consider their strategy for 2012, they should remember that even though a general extension has not yet been passed, eligibility-categories for hiring military veterans are already authorized through 2012 by the VOW to Hire Heroes Act of 2011. The amount of tax credit currently offered for hiring unemployed veterans goes as high as $9,600 per qualifying hire.

This is an excellent opportunity to more affirmatively recruit veterans for your workforce.

Posted in Work Opportunity Tax Credit | No Responses »
Tags: payroll tax cut, Tax Extenders, The Middle Class Tax Relief and Job Creation Act of 2012, Unemployed Veterans, Veterans, WOTC Extention, WOTC Renewal

Latest News on Payroll Tax Cut Extension and WOTC Renewal

Wednesday, February 15th, 2012

I thought you might appreciate the following excerpt from a recent email update I received from WOTC Coalition President Paul Suplizio. Some of this has been reported in the news but Paul’s perspective adds something important. I am re-publishing this with his permission.

In a statement [Monday], Speaker John Boehner and Majority Leader Eric Cantor said they will no longer require offsets for the $100 billion cost to extend the payroll tax cut to the end of the year, and are preparing a bill that will extend the payroll tax cut separately if the conference reaches no agreement, leaving the conference to continue working on unemployment insurance and Medicare doctors’ payments.

The conference committee is being notified of this new Republican position, which means $100 billion of the total $160 billion cost of the payroll bill would not have to be offset.

The conferees still have time to reach agreement on a total package, but if they don’t the Speaker is free to make the effort to pass a stand-alone bill extending the payroll tax only. This would remove payroll tax as a partisan issue, but the Speaker is likely to need Democratic support because of the roughly ninety Republicans who would not vote to increase the deficit.

Senator Reid is expected to make the extenders part of the bill he has said he will introduce if the conference bogs down. He will have the option to bring it to a vote or attach it to any stand-alone payroll bill that passes the House.

Unemployment compensation and doc fix remain “must do” issues, even if payroll tax is passed separately—thus we continue to work for the tax extenders to be added to HR 3630 in conference.

If $40 billion for tax extenders is added, the total requiring offset would be $100 billion for unemployment insurance, doctors’ fix, and the tax extenders. Democrats are arguing unemployment insurance should not be offset, and a good case can be made for not offsetting the tax extenders.

Comments: The Republican leadership’s concession on not requiring a budget offset to the “cost” of the payroll-tax-cut extension reduces the total amount of offsets needed to pass all of the priority items. One of those priority items is the tax extenders, which will presumably include WOTC.

What this boils down to is that we are likely to at least see legislation soon with tax extenders attached. Whether Congress can pass it, of course, is a separate question. Nothing is certain and the political environment remains volatile.

Posted in Federal Legislation, Work Opportunity Tax Credit | 2 Responses »
Tags: Majority Leader Eric Cantor, Paul Suplizio, payroll tax cut, Speaker John Boehner, Tax Extenders, Work Opportunity Tax Credit, WOTC, WOTC Coalition

National Restaurant Association Turns Up WOTC Heat on Congress

Tuesday, February 7th, 2012

In a letter today addressed to all members of Congress, the National Restaurant Association called on legislators to extend the Work Opportunity Tax Credit (WOTC) program and a 15-year depreciation allowance for certain kinds of assets important to the restaurant industry.

The letter, signed by Scott DeFife, Executive Vice President, Policy and Government Affairs, begins with the following statement.

On behalf of the National Restaurant Association, I am writing to strongly urge Congress to prospectively and retroactively extend tax provisions that expired at the end of 2011. Two particular provisions of significance to the restaurant industry are: 15-year depreciation for restaurants and the Work Opportunity Tax Credit (WOTC). We urge consideration of these measures as part of the discussions on extending through 2012 the payroll-tax reduction that expires at the end of this month.

Read the entire letter here.

Stay tuned. There is more to come about the ongoing House-Senate conference currently seeking an agreement on extending the 2011 payroll-tax cut. It’s not just the National Restaurant Association that is urging legislators to address WOTC and other tax extenders with this bill.

Posted in Uncategorized | No Responses »
Tags: National Restaurant Association, payroll tax cut, Work Opportunity Tax Credit, WOTC

Senate Committee on Finance Holds Hearing on Tax Extenders (Including WOTC)

Monday, January 30th, 2012

Parallel to the House-Senate conference on extending the payroll tax cut, the Senate Committee on Finance is holding a special hearing on Tuesday to examine the 50 or more tax extenders that expired in December. The hearing is titled: Extenders and Tax Reform: Seeking Long-Term Solutions.

According to a Monday article in Accounting Today,

At Tuesday’s hearing, Senate Finance Committee Chairman Max Baucus, D-Mont., ranking Republican member Orrin Hatch, R-Utah, and the witnesses will discuss how best to approach tax extenders in order to create certainty and allow businesses to invest confidently and create jobs.

Witnesses scheduled to testify include Rutgers University economics department chair Rosanne Altshuler, George Mason University senior research fellow Jason J. Fichtner, University of Texas law professor Calvin H. Johnson, and U.S Chamber of Commerce chief tax counsel Caroline L. Harris.

Many of these details can be had on the hearing’s page on Senate Committee on Finance’s website. Click here.

Submit a Statement for the Record (We all should do this now)

You and your organization or business can submit a statement to the committee to get your views into the record. It’s a simple process but there are a few details of protocol that must be observed. The following is copied directly from the Senate website (emphasis added by underlining).

Any individual or organization wanting to present their views for inclusion in the hearing record should submit a typewritten, single-spaced statement, not exceeding 10 pages in length. Title and date of the hearing, and the full name and address of the individual or organization must appear on the first page of the statement. Statements must be received no later than two weeks following the conclusion of the hearing.

Statements should be mailed (not faxed) to:

Senate Committee on Finance
Attn. Editorial and Document Section
Rm. SD-219
Dirksen Senate Office Bldg.
Washington, DC 20510-6200b

Posted in Federal Legislation | No Responses »
Tags: Calvin H. Johnson, Caroline L. Harris, Jason J. Fichtner, payroll tax cut, Rosanne Altshuler, Senate Committe on Finance, Senator Max Baucus, Senator Orrin Hatch, Tax Extenders

WOTC Call to Action – New Developments for WOTC and Tax Extenders

Friday, January 27th, 2012

There are new developments in the effort to include WOTC and other tax-extenders in the upcoming payroll tax cut bill. A Senate-House conference is currently negotiating to extend the payroll tax cut, which expires in February.

Paul Suplizio, President of the WOTC Coalition, reports that Ways and Means Chairman Dave Camp is “waving off in advance an expected offer from Senator Baucus” to include tax extenders in the bill. Max Baucus is Chairman of the Senate Finance Committee.

Mr. Suplizio goes on to explain, however, that while Chairman Camp’s statements should be taken seriously they do not halt the current tax-extenders discussion.

The Senate and President Obama both want the tax extenders in the bill. As a result, WOTC and other tax extenders have become a negotiating chip for Chairman Camp and the House Republicans who want to include other important but controversial provision in the bill.

For WOTC supporters, our job now is at least two-fold. (1) We must persuade Senate conferees to INSIST on including WOTC and the other extenders in the bill. And (2) we must persuade House Speaker Boehner that it will be in the House Republicans’ interest to agree on their inclusion.

Paul Suplizio said it well in a recent correspondence to members of the WOTC Coalition.

“We need to drive home to Speaker Boehner that not including the extenders is putting House Republicans on record as favoring a tax increase on businesses, farmers, communities, and workers—a tax increase they don’t need at this stage of the recovery.”

Is your fax machine and telephone working? Time is short. Time to roll.

Posted in Federal Legislation, Work Opportunity Tax Credit | No Responses »
Tags: Paul Suplizio, payroll tax cut, Representative Dave Camp, Senator Max Baucus, Tax Extenders, WOTC, WOTC Coalition, WOTC Extention

Senators Baucus and Reid — Tax Extenders Should Be Included In Payroll Tax Cut Deal

Tuesday, January 24th, 2012

Negotiations are on again to extend the 2011 payroll tax cut until the end of 2012. The House-Senate Conference met on Tuesday — the first time this year — and the road to an agreement appears rocky. Optimism is alive – but there are also some big disagreements to sort through.

Both sides of the discussion agree that a deal must be made before the end of February when the current 2-month extension expires.

Of great interest to us is the question of the other tax extenders. The House of Representative’s payroll tax cut proposal does not include the tax extenders or WOTC. However, Senate Majority Leader Harry Reid and Senate Finance Committee Chairman Max Baucus are reported to have both suggested today that the Conference should examine the expired tax provisions at this time. (See today’s article in The Hill, scroll down to end.)

Democrats are looking to possibly tuck other provisions into a payroll-tax deal. On Tuesday, Baucus and Reid both suggested that the conference committee examine tax provisions that expired at the end of 2011 — the so-called tax extenders.

On the other hand,

The [House] Ways and Means Committee chairman [Republican Dave Camp] also told reporters after the meeting that conferees should first try to resolve core issues — such as the payroll-tax cut, unemployment benefits and the Medicare “doc fix” — and leave other issues until the end of the negotiations.

“I think initially we need to have a pretty strict scope of conference,” Camp said. “Let’s figure out what we have been tasked with doing.”

Representative Camp is well aware of WOTC and has been the focus of significant lobbying efforts. We are keeping our fingers crossed. Keep your phone and fax machine ready. The conference members need to hear from you.

WOTC – Calm Before the Storm in Congress

Tuesday, January 10th, 2012

Is it the calm before a storm? Congress is on vacation. The Senate is scheduled to reconvene on January 23rd. The House on January 17th.

Before members of Congress left for the holiday in December, they had tumultuously agreed on a 2-month extension of the 2011 payroll tax cut and left many expiring tax items floating into limbo. The Work Opportunity Tax Credit, of course, is counted among these unfinished items.

Although nothing has made significant news yet, the conference that was promised last month by House and Senate leaders is already busy behind the scenes. According to Paul Suplizio, lobbyist and President of the WOTC Coalition, conferees for the Senate and House respectively are in discussion with their own members but not yet with each other. The first meeting between Senate and House conferees will likely take place next week.

The goal of the conference is to hammer out a compromise that will allow Congress to pass a full-year extension of the payroll tax cut, in addition to other high-priority items. They need to do it before the end of February when the 2-month extension expires.

Our goal is to include WOTC and other tax items in that legislation. The conferees, however, face historically difficult and stressful circumstances. WOTC remains in a very precarious situation. If the tax extenders do not make it into the anticipated payroll tax cut bill, it will be difficult to see another vote on these items until after the November election.

During the past 15 years, WOTC has expired and been renewed at least 7 times. Three of these renewals took place well into the next calendar years — as much as 11 months after expiration.

If the program is not renewed in February, business will continue as usual. Employers will continue to screen for all of the WOTC target groups. The State Workforce Agencies, however, will receive instructions to place a hold on WOTC employee certifications — except for those who qualify under the military veteran categories, which have been extended already through December 2012.

Then, as soon as the renewal legislation is passed, the State Workforce Agencies will complete and issue the rest of the outstanding WOTC employee certifications. We’ve lived through it before. But let’s hope it doesn’t come to that.

My office will be following the lead of the WOTC Coalition by contacting key legislators during the upcoming weeks. I’ll post new information and guidance as it becomes available.

Please feel welcome to contact me personally if you would like to discuss (or simply commiserate). vah@WOTCPlanet.com

Posted in Work Opportunity Tax Credit | No Responses »
Tags: Paul Suplizio, payroll tax cut, Tax Credits, Work Opportunity Tax Credit, WOTC, WOTC Coalition

Urgent WOTC Update – Inform Your Republican Senators Now

Tuesday, December 6th, 2011

Our friend Paul Suplizio, President of the WOTC Coalition, issued two urgent updates this morning from Washington DC. The immediate extension of WOTC and other tax incentive programs faces what amounts to a precarious opportunity.

As the calendar year winds to a close, opportunities to extend the WOTC program are few in number. The good news is Senate Majority Leader Harry Reid has announced his intention that Congress will NOT adjourn until tax extenders are done. He made this announcement in a news conference after the Senate Democrats’ most recent weekly luncheon.

“There are five things we’ve got to do, the Omnibus (bill to fund the government), payroll tax, unemployment compensation, doc fix, and tax extenders.”

What to do Right Now:
According to Mr. Suplizio, if the tax extenders are not passed before December 31, there is a strong possibility they won’t be passed until after the elections next fall. For this, and other reasons:

“It’s imperative we now work to persuade Senate Minority Leader Mitch McConnell to commit to enacting the tax extenders before adjournment. Please concentrate urgently on your Republican senatorial contacts. . . .”

Specifically,

Inform your Republican contacts in the Senate about Majority Leader Harry Reid’s goal to pass tax extenders before adjournment
Urge Senate Republicans to support the tax extenders
Urge them specifically to talk with Senate Minority Leader Mitch McConnell and Republican Whip Senator Jon Kyl about the importance of including tax extenders in whatever bills emerge from their negotiations with Senate Democrats.

Posted in Work Opportunity Tax Credit | No Responses »
Tags: Ominbus, Paul Suplizio, payroll tax cut, Payroll Tax Holiday, Republic Whip, Senate Majority Leader Harry Reid, Senate Minority Leader Mitch McConnell, Senator Jon Kyl, Tax Extenders, Work Opportunity Tax Credit, WOTC, WOTC Coalition

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