Instructions For Form 8850 (Rev. June 2007)

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Department of the Treasury
Instructions for Form 8850
Internal Revenue Service
(Rev. June 2007)
Pre-Screening Notice and Certification Request for the Work Opportunity Credit
3 for a list of these areas). The employer is not required
General Instructions
to ask employees to furnish any documentary evidence.
Section references are to the Internal Revenue Code
unless otherwise noted.
Who Should Complete and
What’s New
Sign the Form
The Small Business and Work Opportunity Act of 2007
The job applicant gives information to the employer on or
made the following changes.
before the day a job offer is made. This information is
The work opportunity credit has been extended to
entered on Form 8850. Based on the applicant’s
cover individuals who begin work for you before
information, the employer determines whether or not he
September 1, 2011.
or she believes the applicant is a member of a targeted
group (as defined under Members of Targeted Groups). If
For individuals who begin work for you after May 25,
2007, the qualified veterans group is expanded to include
the employer believes the applicant is a member of a
veterans entitled to compensation for a
targeted group, the employer completes the rest of the
service-connected disability and who, during the
form no later than the day the job offer is made. Both the
one-year period ending on the hiring date, were (a)
job applicant and the employer must sign Form 8850 no
discharged or released from active duty in the U.S.
later than the date for submitting the form to the SWA.
Armed Forces or (b) unemployed for a period or periods
totaling at least 6 months. The first-year wages taken into
account for these disabled veterans is $12,000.
Instructions for Employer
For individuals who begin work for you after May 25,
2007, the high-risk youth group has been renamed
When and Where To File
“designated community residents” and expanded to
include individuals who are at least age 18 but not yet
Do not file Form 8850 with the Internal Revenue Service.
age 40. In addition, residents of rural renewal counties
Instead, if required, file it with your SWA no later than the
(see page 4) have been added to this group.
28th day after the job applicant begins work for you.
Although electronic filing of Form 8850 is permitted, at
You should use this version of Form 8850 for
the time these instructions were published, Colorado was
!
individuals who begin work for you after May 25,
the only state equipped to receive Form 8850
2007. Use the February 2007 revision for
CAUTION
electronically. See Announcement 2002-44 for details.
individuals who began work for you before May 26, 2007.
You can find Announcement 2002-44 on page 809 of
Internal Revenue Bulletin 2002-17 at
Purpose of Form
Employers use Form 8850 to pre-screen and to make a
To get the name, address, phone and fax numbers,
written request to their state workforce agency (SWA)
and email address of the WOTC coordinator for your
(unless the employee checks only the Hurricane Katrina
state, visit the Department of Labor Employment and
employee box) to certify an individual as a member of a
Training Administration (ETA) website at
targeted group for purposes of qualifying for the work
opportunity credit.
Submitting Form 8850 to the SWA (unless the
Never attach Form 8850 to a tax return or
!
employee checks only the Hurricane Katrina employee
otherwise send it to the IRS, regardless of the
box) is but one step in the process of qualifying for the
employee’s targeted group. Form 8850 should be
CAUTION
work opportunity credit. The state work opportunity tax
filed with the SWA unless the employee checks only the
credit (WOTC) coordinator for the SWA must certify the
Hurricane Katrina employee box, in which case the
job applicant is a member of a targeted group. After
employer should keep the Form 8850 for its records.
starting work, the employee must meet the minimum
number-of-hours-worked requirement for the work
Additional Requirements for
opportunity credit. The employer elects to take the credit
Certification
by filing Form 5884, Work Opportunity Credit.
In addition to filing Form 8850, you must complete and
The certification requirements described above do
send to your state WOTC coordinator either:
!
not apply to Hurricane Katrina employees. For an
ETA Form 9062, Conditional Certification Form, if the
employer of a Hurricane Katrina employee, this
CAUTION
job applicant received this form from a participating
form is used to accept reasonable evidence that the
agency (e.g., the Jobs Corps) or
worker is a Hurricane Katrina employee. It is the
ETA Form 9061, Individual Characteristics Form, if the
employer’s responsibility to ascertain that the place
job applicant did not receive a conditional certification.
where the employee lived on August 28, 2005, (the
address on line 1 of the form) is in fact in the Gulf
You can get ETA Form 9061 from your local public
Opportunity Zone (core disaster area) (see pages 2 and
employment service office or you can download it from
Cat. No. 24833J

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