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Hiring Incentives to Restore Employment (HIRE) Act

Last Updated: May 20, 2010

On March 18, 2010, President Obama signed the Hiring Incentives to Restore Employment (HIRE) Act, which provides 2 new tax benefits to certain employers who hire previously unemployed or under-employed workers.

A Qualified Employer is generally any private-sector taxable business or tax-exempt organization. While most government entities are excluded, public institutions of higher education are eligible for the benefits. Household employers are not.

Payroll Tax Exemption

The first tax benefit provides an exemption of the employer's 6.2% share of the Social Security tax on the employee's wages paid between March 19 and December 31, 2010. Employers receive this benefit immediately, and the tax savings accrue with each payroll. There is no cap on this payroll tax exemption, which would represent a savings of about $2,800 for a $60,000 per-year worker hired on April 1, 2010 - obviously more for a more highly compensated employee. Keep in mind that the exemption only applies to the employer's portion of the Social Security Tax (paid on annual wages up to $106,800). The employee’s 6.2% share of Social Security Tax and the employer and employee’s shares of Medicare tax still apply to all wages. This tax exemption will have no effect on the employee’s future Social Security benefits. For an employee who is also eligible for the Work Opportunity Tax Credit, the employer may only apply for one of the two.

New Hire Retention Credit

In addition to the payroll tax exemption, for each qualified employee retained for at least 52 consecutive weeks, the employer will also be eligible for a general business tax credit of 6.2% of wages paid to the qualified employee over the 52-week period up to a maximum of $1,000 where wages during the last 26 weeks were at least 80% of the wages paid for the first 26 weeks.

Qualified Individuals

For purposes of this legislation, a qualified individual is someone who:

  • begins employment with a Qualified Employer between February 4 and December 31, 2010;

  • certifies by signed affidavit, under penalties of perjury, that he/she has not been employed for more than a total of 40 hours during the 60-day period ending on the date he/she begins such employment;

  •  is not employed by the Qualified Employer to replace another employee unless the other employee voluntarily resigned or was involuntarily terminated for cause;

  • is not a family member or other related individual as described in Internal Revenue Code Section 51(i)(1) (applied by substituting "qualified employer" for "taxpayer" each place it appears regarding certain ineligible (related) individuals under the Rules for Computing Work Opportunity Credit).

To review the details of this legislation, please see HIRE Act or see the IRS's website HIRE Act:  Questions & Answers for Employers.

What should employers do?

As the new law takes effect immediately, we recommend the following:

·         Review any current job openings and consider the possibility of targeting qualified unemployed individuals for your position. Visit the California EDD's CalJOBS or the Hawaii DLIR's HIRENET Hawaii to post jobs and review resumes.

·         Make sure you have all Qualified Individuals complete an affidavit of eligibility. Samples are available from the IRS at HIRE Act Employee Affidavit. Retain this form for your records. You are not required to submit it to the IRS.

·         Make sure you understand how to report the tax credits on your quarterly federal employment tax return Form 941, starting with the second quarter of 2010. A new 941 form is available from the IRS at http://www.irs.gov/pub/irs-pdf/f941.pdf.

·         Check with your current payroll company about any procedures specific to their organization.

 



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