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Seize the Work Opportunity Tax Credit Before 2025 Sunset

Navigating the final chapters of the Work Opportunity Tax Credit (WOTC) is essential for businesses seeking to optimize tax benefits while fostering an inclusive workforce. As a central tool for promoting the employment of historically challenged groups, the WOTC is slated to sunset on December 31, 2025, unless Congress moves to extend this crucial benefit. This comprehensive guide explores the WOTC's qualifications, designated target groups, working hour requirements, and the requisite certification process to make the most of these potential tax savings.

Overview of the Work Opportunity Tax Credit: The WOTC is a federal initiative aimed at encouraging employers to hire individuals from defined groups who have encountered significant employment barriers. By incentivizing the selection of such candidates, businesses not only stand to benefit financially but also contribute towards diversifying and strengthening their workforce. Under current legislation, employees must begin their roles before January 1, 2026, to qualify for this tax advantage.

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Identifying Target Groups: The WOTC encompasses several key target groups, including:

  • Veterans: Specifically, those unemployed for extended periods or service-connected disabled veterans.

  • Long-term Unemployed: Individuals who have been without work for at least 27 consecutive weeks.

  • Ex-Felons: Individuals striving to overcome employment challenges due to past convictions.

  • SNAP Recipients: Recipients of food stamps within the past six months.

  • TANF Recipients: Those who have received assistance in the past two years.

  • Designated Community Residents and Summer Youth Employees: Ages 18 to 39 residing in Empowerment Zones.

  • Vocational Rehabilitation Referrals: Individuals with documented disabilities referred by a rehabilitation agency.

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To harness the WOTC, individuals must commence employment before the impending deadline, notwithstanding Congress's precedent for extending such credits.

Financial Details of the Credit: The WOTC offers employers the chance to claim tax credits against a portion of wages offered to eligible employees, varying by target group and hours worked:

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  • General Rule: Businesses can claim up to 40% on the initial $6,000 paid to workers, equaling a maximum potential of $2,400 per employee.

  • Veterans: For disabled veterans, the credit can peak at $9,600, contingent on specific criteria.

  • Long-term Unemployed: Significant credits up to $5,000 are available for this group.

Employees earning this credit must work a minimum of 120 hours; with full credit awarded to those who work 400 hours or more. For those working between 120 and 399 hours, the credit rate is slashed to 25%.

The Certification Process: Employers must adeptly navigate the State Workforce Agency (SWA) certification with IRS Form 8850, alongside ETA Form 9061 or 9062, submitted within 28 days of a qualifying employee's start date.

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Expedited Certification for Veterans: Veterans benefit from an expedited process designed to facilitate swift eligibility determinations, enabling employers to quickly benefit from the associated tax credits.

Limitations on Credit Eligibility: The WOTC excludes certain hires:

  • Relatives and Dependents: Firms cannot claim the credit for hiring family members, including spouses and children.

  • Majority Stakeholders: Business owners and major stakeholders hiring themselves are ineligible.

  • Federal Subsidized Programs: Wages under specific subsidized employment programs do not apply to the WOTC.

Tax-Exempt Employer Considerations: Though tax-exempt bodies like 501(c) organizations can leverage the WOTC, their claims are limited to veteran hires, applicable solely against employer Social Security taxes.

Act Now: With the December 31, 2025 sunset fast approaching, businesses must act decisively, especially since Congress has not yet guaranteed an extension. Strategic engagement with the WOTC allows organizations to lower tax liabilities while advancing societal goals of inclusive hiring. Prompt action and thorough documentation are imperative to benefit from this crucial—and soon-to-expire—tax credit.

We encourage you to reach out to our office for clarity on applying this credit to your business.

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