The Internal Revenue Service is marking Small Business Week, May 20 to 26,
by encouraging small business owners to check out two key tax credits and a
special relief program that could provide significant tax benefits during 2012.
Both the expanded credit for hiring veterans and the credit for
employer-provided health care coverage can provide tax savings to eligible
small businesses when they file their 2012 federal income tax returns. In
addition, substantial relief from past payroll tax obligations is available to
eligible employers who agree to reclassify their workers as employees in the
future. Here are details on each of these benefits.
Expanded Tax Credit for Hiring Veterans
A law change enacted late last year now provides an expanded Work
Opportunity Tax Credit (WOTC) to employers that hire eligible unemployed
veterans. The credit can be as high as $9,600 per veteran for for-profit
employers or up to $6,240 for tax-exempt organizations. The amount of the
credit depends on a number of factors, including the length of the veteran’s
unemployment before hire, hours a veteran works and the amount of first-year
wages paid. Employers who hire veterans with service-related disabilities may
be eligible for the maximum credit.
Certification requirements apply to these new hires. Normally, an eligible
employer must file
Form
8850 with the state workforce agency within 28 days after the eligible
worker begins work. But under a special rule, employers have until June 19,
2012, to complete and file this form for veterans hired on or after Nov. 22,
2011, and before May 22, 2012. The 28-day rule will again apply to eligible
veterans hired on or after May 22. This form can be faxed or electronically
transmitted to the state workforce agency, as long as the agency is able to
receive the certification forms that way.
Businesses claim the credit on their income tax return using
Form
5884 and
Form
3800. A separate claim procedure using
Form
5884-C applies to eligible tax-exempt organizations.
Details
are on IRS.gov.
Credit Helps Small Employers Provide Health Care Coverage
Small employers that pay at least half of the premiums for employee health
insurance coverage under a qualifying arrangement may be eligible for the small
business health care tax credit. Enacted two years ago, the credit is designed
to encourage small employers to offer health insurance coverage for the first
time or maintain coverage they already have.
Eligible small employers can claim the credit for 2010 through 2013 and for
two additional years beginning in 2014. Targeted to small employers that
primarily employ low-and moderate-income workers, the maximum credit, in
tax-years 2010 through 2013, is 35 percent of premiums paid by small businesses
and 25 percent of premiums paid by tax-exempt organizations, increasing to 50
percent and 35 percent, respectively, in 2014.
Small businesses claim the credit on their income tax return using Form 8941
and Form 3800. Tax-exempt organizations also use
Form
8941 and then claim the credit on
Form
990-T.
The recently-revamped
Small
Business Health Care Tax Credit page on IRS.gov is packed with information
and resources designed to help small employers see if they qualify for the
credit and then figure it correctly. These include a step-by-step guide for
determining eligibility, examples of typical tax savings under various
scenarios, answers to frequently-asked questions, a YouTube video and a
webinar.
Many Businesses can qualify for Substantial Payroll Tax Relief
Many businesses can now resolve past worker classification issues at a low
cost by voluntarily reclassifying their workers. Better yet, they don’t have to
wait for an IRS audit to do so.
By prospectively reclassifying workers, making a minimal payment and meeting
a few other requirements, eligible businesses can achieve greater certainty for
themselves, their workers and the government. Already, 540 employers have been
approved to participate in the new IRS
Voluntary
Classification Settlement Program (VCSP) since it was launched last
September.
The VCSP is available to many businesses, tax-exempt organizations and
government entities that currently treat their workers or a class or group of
workers as nonemployees or independent contractors, and now want to correctly
treat these workers as employees in the future. To be eligible, an employer
must:
- Consistently have treated the workers in the past as
nonemployees,
- Have filed all required Forms 1099 for the workers for
the previous three years
- Not currently be under audit by the IRS or the
Department of Labor or a state agency concerning the classification of
these workers
Interested employers can apply for the program by filing
Form
8952. Employers accepted into the program will pay an amount effectively
equaling just over one percent of the wages paid to the reclassified workers
for the past year. It’s that simple. Moreover, employers will not be audited on
payroll taxes related to these workers for prior years.
Details on these and other tax benefits are on IRS.gov. In addition, the
Small Business Tax Center (
www.irs.gov/smallbiz)
has links to a variety of useful tax tools for small business, including the
Virtual Small Business Tax Workshop, a downloadable tax calendar, common forms
and their instructions and help on everything from how to get an Employer
Identification Number (EIN) online to how to engage with the IRS in the event
of an audit.