Tax Credits

The Work Opportunity Tax Credit (WOTC) has long been a valuable federal incentive designed to encourage employers to hire individuals from targeted groups who face barriers to employment. While the program is currently in a legislative hiatus, forward-looking employers should not interpret this pause as a reason to disengage. In fact, maintaining WOTC screening practices now positions organizations to capture significant tax credits if and when the program is reauthorized. WOTC is a federal tax credit available to employers who hire individuals from specific target groups, such as veterans, long-term unemployed individuals, SNAP recipients, and others. Depending on the category and tenure of the employee, credits can range from hundreds to several thousand dollars per qualified hire. Retroactive WOTC Eligibility Historically, when WOTC lapsed and later reinstated, Congress applied retroactive eligibility, allowing employers to claim credits for hires made during the hiatus period, provided proper documentation and screening were completed at the time of hire. The key principle here is documentation timing. WOTC eligibility hinges on completing prescreening (IRS Form 8850) on or before the day of the job offer and submitting it within required timeframes once the program is active. Why Employers Should Screen for WOTC During the Hiatus If employers stop screening now, they risk: Losing retroactive eligibility for hires made during the hiatus Missing out on potentially substantial tax credits Creating compliance gaps that cannot be corrected after the fact Conversely, employers who continue screening: Preserve eligibility for retroactive credits Maintain consistent hiring workflows Avoid operational disruption when the program resumes Given the historical pattern of WOTC reinstatement, continuing screening is a low-risk, high-upside strategy. To ensure compliance and maximize potential credits, employers should adhere to the following best practices: Integrate Screening into the Hiring Workflow: WOTC prescreening should occur seamlessly during the application or onboarding process, ideally embedded within your ATS or HRIS system. This is critical to maintaining an efficient process within your organization.  Ensure Timely Completion of IRS Form 8850: The form must be completed no later than the date of the job offer. Late completion invalidates eligibility and there are no do-overs. Once the document is late, employers have no further rights.  Maintain Consistent Candidate Experience: Screen all applicants uniformly to avoid bias or compliance risks. WOTC screening should be standardized and nondiscriminatory. This will ensure clean audit results, should your organization be audited.  Retain Documentation Rigorously: Proper recordkeeping is critical, especially during a hiatus period when submission timelines may shift upon program reauthorization. Once again, this is beneficial if your organization is under audit. Monitor Legislative Updates: Stay informed on WOTC status changes so submissions can be made promptly when the program resumes. Our website publishes updates as soon as they are made available. While the concept of WOTC is straightforward, execution is not. Employers often underestimate the administrative burden involved: Managing time-sensitive forms and deadlines Tracking eligibility across multiple target groups Navigating varying state workforce agency requirements Handling documentation audits and compliance reviews Monitoring legislative changes and submission windows For organizations with high hiring volumes or even moderate decentralized hiring, this can quickly become resource-intensive and error-prone.  The WOTC hiatus is not a pause in opportunity, it’s a test of preparedness. Employers who continue disciplined screening practices now will be best positioned to capitalize on retroactive credits when the program resumes. Maintaining compliance, consistency, and operational efficiency during this period can be challenging but it doesn’t have to be. Experian Employer Services provides a comprehensive, scalable solution to manage the full WOTC lifecycle with precision and efficiency. With Experian Employer Services as your partner, you can confidently navigate the hiatus while preserving every potential dollar of tax credit available to your organization. Questions about how to best manage your WOTC process during its hiatus? Reach out to our experts:

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Representatives Lloyd Smucker (R-PA) and Terri Sewell (D-AL), together with several other lawmakers, have introduced the “Improve and Enhance the Work Opportunity Tax Credit Act.” According to Congressman Smucker’s press release, “The Improve and Enhance the Work Opportunity Tax Credit Act of 2023 would update the WOTC, which has not been changed since its enactment twenty-seven years ago, and encourage longer-service employment. The bill would (1) increase the current credit percentage from 40% to 50% of qualified wages and (2) add a second level of credit for employees who work 400 or more hours. In addition, the bill eliminates the arbitrary age cap at which SNAP recipients are eligible for WOTC. This change will provide an incentive to hire older workers and better align the credit with the work reforms adopted in the debt ceiling negotiations in 2023.” The text of the bill can be found here. The following are the specific changes the bill proposes: For certified employees who work at least 400 hours in their first year, increase the credit percentage from 40% to 50%. For certified employees who work more than 400 hours in their first year, increase the qualified wage caps as follows: For target groups with a cap of $6,000 in qualified wages, double the qualified wages to $12,000 for a total possible credit of $6,000 (compared to the current $2,400). Disabled veteran: The current credit is 40% of the first $12,000 (up to $4,800); the bill would increase that to 50% of the first $24,000 (up to $12,000). Long-term unemployed veteran: The current credit is 40% of the first $14,000 (up to $5,600); the bill would increase that to 50% of the first $28,000 (up to $14,000). Long-term unemployed disabled veteran: The current credit is 40% of the first $24,000 (up to $9,600); the bill would increase that to 50% of the first $48,000 (up to $24,000). The Summer Youth target group would remain at 40% and not go up to 50%. The age ceiling for the SNAP target group, currently at age 39, would be eliminated, allowing any new hire that otherwise meets the SNAP requirements to be certified. How and When Could This Happen? This bill represents the most significant proposal to enhance the value of WOTC in many years. However, to be considered, Congress needs to negotiate a tax bill. Tax bills are typically included with large legislative packages such as annual appropriation bills. Congress passed a continuing resolution in November to avoid a government shutdown and delay annual appropriations legislation until 2024. In this instance, Congress created two deadlines at which different parts of the government could shut down without new legislation: January 19 and February 2. According to the Washington Post, House Speaker Mike Johnson “pushed through the laddered approach — leaning on support from Democrats to pass the GOP-controlled chamber — while vowing not to take up another CR in January or February. He reiterated that pledge to House members in a letter last week. ‘It continues to be my intention that the House and Senate complete action on full-year bills ahead of the January 19 and February 2 deadlines provided for in the last continuing resolution,’ Johnson wrote. ‘I do not intend to have the House consider any further short-term extensions.’” Therefore, one opportunity for tax legislation will be in January in the context of government funding. Despite Speaker Johnson’s statements, that process could certainly be delayed further into 2024. Former House Ways and Means Chairman Dave Camp recently interviewed the current Ways and Means Chairman, Jason Smith, at a PwC event. According to Politico’s Weekly Tax newsletter, “[Chairman] Smith believes that a variety of potential vehicles could exist next year, according to Camp — which would mean avenues beyond government funding measures needed early in 2024.” However, even if Congress does take up tax legislation, it is unlikely that this WOTC bill will rise to the top of priority issues. Nevertheless, it introduces important policy considerations for the future of the program, which comes up for renewal at the end of 2025. Department of Labor to Study WOTC DOL has funded an independent contractor, Economic Systems, Inc., to perform an evaluation of the WOTC program. Among the questions the evaluation seeks to research are: What are the characteristics of jobs of WOTC-hires? What types of employers apply for WOTC? How is WOTC reflected in employer hiring and retention practices/policies? To what extent does pre-screening for WOTC eligibility affect employment outcomes? According to a public notice, surveys of various interest parties will be issued in the winter of 2024-2025. State WOTC Programs Several state legislatures have proposals to institute some kind of state WOTC program. Maryland successfully passed a state income tax credit match to WOTC effective in 2022. Here are some of the others we are watching: Georgia House Bill 372 Missouri Senate Bill 1207 New York Senate Bill S4833A & Assembly Bill A1991A North Carolina House Bill 853 Pennsylvania HM 41747 Pennsylvania HM 40254 On December 19, 2023, the city of Tacoma, Washington passed an ordinance creating a $1,000 local WOTC for employers that add a new position for an individual certified by the State Workforce Agency as a member of the vocational rehabilitation WOTC target group.

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