Instructions For Form 8850 - 2006

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Department of the Treasury
Instructions for Form 8850
Internal Revenue Service
(Rev. January 2006)
Pre-Screening Notice and Certification Request for the Work Opportunity and
Welfare-to-Work Credits
Section references are to the Internal Revenue Code unless otherwise noted.
areas). The employer is not required to ask employees to
General Instructions
furnish any documentary evidence.
What’s New
Who Should Complete and Sign the
The work opportunity credit and the welfare-to-work
Form
credit are now allowed for qualified individuals who begin
work for you before January 1, 2006.
The job applicant gives information to the employer on or
before the day a job offer is made. This information is
These credits may be extended with respect to
entered on Form 8850. Based on the applicant’s
employees who began work for you after
TIP
information, the employer determines whether or not he
December 31, 2005. See What’s Hot in Tax
or she believes the applicant is a member of a targeted
Forms, Pubs, and Other Tax Products at
group (as defined under Members of Targeted Groups)
formspubs to find out if the credits have been extended.
or a long-term family assistance recipient (as defined
The Katrina Emergency Relief Act of 2005 added a
under Welfare-to-Work Job Applicants). If the employer
new targeted group, Hurricane Katrina employee,
believes the applicant is a member of a targeted group or
identified as group 9.
a long-term family assistance recipient, the employer
completes the rest of the form no later than the day the
Purpose of Form
job offer is made. Both the job applicant and the
employer must sign Form 8850 no later than the date for
Employers use Form 8850 to pre-screen and to make a
submitting the form to the SESA.
written request to a state employment security agency
(SESA) (unless the employee checks only the Hurricane
Katrina employee box) to certify an individual as:
A member of a targeted group for purposes of
Instructions for Employer
qualifying for the work opportunity credit or
A long-term family assistance recipient for purposes of
When and Where To File
qualifying for the welfare-to-work credit.
Do not file Form 8850 with the Internal Revenue Service.
Submitting Form 8850 to the SESA (unless the
Instead, if required, file it with the work opportunity tax
employee checks only the Hurricane Katrina employee
credit (WOTC) coordinator for your SESA no later than
box) is but one step in the process of qualifying for the
the 21st day after the job applicant begins work for you.
work opportunity credit or the welfare-to-work credit. The
Although electronic filing of Form 8850 is permitted, at
SESA must certify the job applicant is a member of a
the time these instructions were published, no state was
targeted group or is a long-term family assistance
equipped to receive Form 8850 electronically. See
recipient. After starting work, the employee must meet
Announcement 2002-44 for details. You can find
the minimum number-of-hours-worked requirement for
Announcement 2002-44 on page 809 of Internal
the work opportunity credit or the minimum
Revenue Bulletin 2002-17 at pub/irs-irbs/
number-of-hours, number-of-days requirement for the
irb02-17.pdf.
welfare-to-work credit. The employer may elect to take
the applicable credit by filing Form 5884, Work
To get the name, address, phone and fax numbers,
Opportunity Credit, or Form 8861, Welfare-to-Work
and email address of the WOTC coordinator for your
Credit.
SESA, visit the Department of Labor Employment and
Training Administration (ETA) web site at
The certification requirements described above do
!
not apply to Hurricane Katrina employees. For an
employer of a Hurricane Katrina employee, this
CAUTION
Never include Form 8850 with a tax return or
form is used to accept reasonable evidence that the
!
otherwise send it to the IRS, regardless of the
worker is a Hurricane Katrina employee. It is the
employee’s targeted group. Form 8850 should be
employer’s responsibility to ascertain that the place
CAUTION
filed with the state SESA unless the employee checks
where the employee lived on August 28, 2005, (the
only the Hurricane Katrina employee box, in which case
address on line 1 of the form) is in fact in the core
disaster area (see pages 2 and 3 for a list of these
the employer should keep the Form 8850 for its records.
Cat. No. 24833J

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