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During the hiring process, before or on the day the employee begins work, the employer and the applicant must complete two forms. If you don't complete the forms during the hiring process, you won't be able to get the tax credit. First, you and the applicant must complete IRS Form 8850, the IRS pre-screening form.
INSTRUCTIONS FOR COMPLETING THE INDIVIDUAL CHARACTERISTICS FORM (ICF), ETA 9061. This form is used together with IRS Form 8850 to help state workforce agencies (SWAs) determine eligibility for the Work Opportunity Tax Credit (WOTC) Program.
The Work Opportunity Tax Credit is a voluntary program. As such, employers are not obligated to recruit WOTC-eligible applicants and job applicants don't have to complete the WOTC eligibility questionnaire.
The employer may request certification for the WOTC by submitting the Form 8850 and the ETA 9061 to the EDD, either online or by mail. The Form 8850 and the ETA 9061 must be submitted online or postmarked no later than the 28th day after the job seeker begins work.
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