Form W-11 - Hiring Incentives To Restore Employment (Hire) Act Employee Affidavit
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3THOMAS M. GILL & COMPANY
CERTIFIED PUBLIC ACCOUNTANTS
838 SHOEMAKER AVENUE
WEST WYOMING, PA. 18644
Thomas M. Gill, C.P.A.
Telephone 570. 693.2460
Robert J. Gill, C.P.A.
Facsimile 570.693.2615
William T. Gill, C.P.A.
HIRE Act: Incentives to Hire and Retain the Unemployed
In an effort to confront high unemployment, the Hiring Incentives to Restore
Employment (HIRE) Act provides incentives for hiring and retaining unemployed
workers. Under the HIRE Act, a qualified employer's 6.2 percent share of OASDI Social
Security tax liability is forgiven for new hires, and a general business credit is allowed
for each retained worker that satisfies a minimum employment period.
Payroll Tax Forgiveness for Hiring Unemployed Workers. The HIRE Act provides
relief from the employer share of OASDI taxes on wages paid by a qualified employer
with respect to certain covered employment. Covered employment is limited to service
performed by a qualified individual in a trade or business of a qualified employer, or in
the furtherance of the activities related to the purpose or function constituting the basis
of the employer's exemption under Code Sec. 501. This provision applies to wages paid
beginning on the day after enactment and ending on December 31, 2010.
Although a qualified employer does not include the United States, any State, any local
government, or any instrumentality thereof, a qualified employer may include a public
higher education institution.
A qualified individual is any individual who:
1. begins work for a qualified employer after February 3, 2010, and before January
1, 2011;
2. certifies by signed affidavit (IRS Form W-11, attached) that he or she was
employed for a total of 40 hours or less during the 60-day period ending on the
date such employment begins;
3. is not employed to replace another employee of the employer unless such
employee separated from employment voluntarily or for cause; and
4. is not a related party.
Employers who qualify for the OASDI forgiveness in the first quarter of 2010 will receive
the benefit through a credit toward general second quarter 2010 OASDI liability; they
can't simply stop paying the 6.2 percent OASDI tax immediately on wages paid to new
hires. After the first quarter, however, the employer does not pay the 6.2 percent tax as
wages are paid.
A qualified employer may not receive the work opportunity tax credit on wages paid to
an individual during the one-year period beginning on the hire date for the same wages
used to qualify for the forgiveness of payroll tax. However, an employer may elect to not
have payroll tax forgiveness apply.
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