The IRS has released a new notice with guidance on the American Taxpayer Relief Act, and gives employers extra time to file a form to qualify for the Work Opportunity Tax Credit.
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Notice 2013-14 provides guidance on Section 309 of the ATRA, Pub. L. No. 112-240 and transition relief for employers claiming the WOTC under Section 51 and 3111(e) of the IRS Code as extended by the act. Section 309 amended Sec. 51 to extend the WOTC through Dec. 31, 2013, for taxable employers and for qualified tax-exempt organizations. This notice provides employers that hire members of targeted groups additional time beyond the 28-day deadline in Section 51(d)(13) for submitting Form 8850, Pre-screening Notice and Certification Request for the Work Opportunity Credit, to designated local agencies.
The Treasury Department and the IRS have determined it appropriate to provide employers with additional time to file 8850s with a DLA. Specifically:
• A taxable employer that hires a member of a targeted group on or after Jan. 1, 2012, and on or before March 31, 2013, will be considered to have satisfied the requirements of Sec. 51(d)(13)(A)(ii) if it submits the completed 8850 to the DLA to request certification not later than April 29, 2013.
• An employer that hires any qualified veteran described in Sec. 51(d)(3) on or after Jan. 1, 2013, and on or before March 31, 2013, will be considered to have satisfied the requirements of Sec. 51(d)(13)(A)(ii) if it submits the completed Form 8850 to the DLA to request certification not later than April 29, 2013.