Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I5884/202103/A/XML/Cycle05/source (Init. & Date) _______ Page 1 of 3 17:34 - 30-Mar-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 5884 (Rev. March 2021) Work Opportunity Credit Section references are to the Internal Revenue Code Partnerships, S corporations, cooperatives, estates, unless otherwise noted. and trusts must file this form to claim the credit. All other taxpayers aren't required to complete or file this form if Future Developments their only source for this credit is a partnership, S For the latest information about developments related to corporation, cooperative, estate, or trust. Instead, they Form 5884 and its instructions, such as legislation can report this credit directly on Form 3800, General enacted after they were published, go to Business Credit. IRS.gov/Form5884. Certain tax-exempt organizations can use Form What’s New TIP 5884-C to claim the work opportunity credit for certain wages paid to qualified veterans. See The Taxpayer Certainty and Disaster Tax Relief Act of Form 5884-C for details. 2020 made the following changes. Credit extension. The Taxpayer Certainty and Disaster How To Claim the Credit Tax Relief Act of 2019 extended the work opportunity You must ask for and be issued a certification for each credit to cover employees who began work in 2020. The employee from the state workforce agency (SWA) Taxpayer Certainty and Disaster Tax Relief Act of 2020 (formerly known as the state employment security agency extended the credit to cover employees who begin work (SESA)) of the state in which your business is located. after 2020 and before 2026. The certification proves that the employee is a member of Coronavirus-related employee retention credit. You a targeted group. You must either: may claim an employee retention credit on an • Receive the certification by the day the individual employment tax return such as Form 941, Employer's begins work; or QUARTERLY Federal Tax Return. Wages paid after • Complete Form 8850, Pre-Screening Notice and December 31, 2020, and before July 1, 2021, and used to Certification Request for the Work Opportunity Credit, on figure this coronavirus-related employee retention credit or before the day you offer the individual a job and receive can't also be used to figure a credit on Form 5884. See the certification before you claim the credit. Qualified Wages. If you complete Form 8850, it must be signed by you Credit for qualified sick and family leave wages. You and the individual and submitted to the SWA of the state may claim a credit for qualified sick and family leave in which your business is located (where the employee wages on an employment tax return such as Form 941. works) by the 28th calendar day after the date the Wages paid after March 31, 2021, and before October 1, individual begins work. 2021, and used to figure that credit, can't also be used to figure a credit on Form 5884. See Qualified Wages. If the credit expires and is retroactively extended, TIP or a targeted group is added or modified, the IRS Disaster-related employee retention credit. You may may allow you more time to submit Form 8850 for claim a 2020 qualified disaster employee retention credit an individual who began work while the credit was expired on Form 5884-A, Employee Retention Credit for or for a reasonable time after it was extended, or is a Employers Affected by Qualified Disasters. Wages used member of a new or modified targeted group. If more time to figure that disaster-related employee retention credit is allowed, we will provide details at IRS.gov/Form8850 can't also be used to figure a credit on Form 5884. See and in revised Instructions for Form 8850. Qualified Wages. If the SWA denies the request, it will provide a written General Instructions explanation of the reason for denial. If a certification is revoked because it was based on false information Purpose of Form provided by the individual, wages paid or incurred after Use Form 5884 to claim the work opportunity credit for the date you receive the notice of revocation don't qualify qualified first- and/or second-year wages you paid to or for the credit. incurred for targeted group employees during the tax year. Targeted group employee. An employee is a member Your business doesn't have to be located in an of a targeted group if he or she began working for you empowerment zone or rural renewal county to qualify for before 2026 and is a: this credit. • Long-term family assistance recipient, You can claim or elect not to claim the work opportunity • Qualified recipient of Temporary Assistance for Needy credit any time within 3 years from the due date of your Families (TANF), return on either your original return or an amended return. • Qualified veteran, • Qualified ex-felon, • Designated community resident, Mar 30, 2021 Cat. No. 13571O |
Page 2 of 3 Fileid: … ns/I5884/202103/A/XML/Cycle05/source 17:34 - 30-Mar-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Vocational rehabilitation referral, Member of Controlled Group or • Summer youth employee, • Supplemental Nutrition Assistance Program (SNAP) Business Under Common Control benefits (food stamps) recipient, For purposes of figuring the credit, all members of a • SSI recipient, or controlled group of corporations (as defined in section • Qualified long-term unemployment recipient. 52(a)) and all members of a group of businesses under See the Instructions for Form 8850 and section 51(d) common control (as defined in section 52(b)) are treated for details and restrictions. as a single employer. As a member, figure your credit based on your proportionate share of qualified wages Qualified Wages giving rise to the group’s work opportunity credit. Enter Wages qualifying for the credit have the same meaning as your share of the credit on line 2. Attach a statement wages subject to the Federal Unemployment Tax Act showing how your share of the credit was figured, and (FUTA) (determined without regard to the $7,000 FUTA enter “See attached” next to the entry space for line 2. tax wage base). If the work performed by any employee during more than half of any pay period qualifies under FUTA as agricultural labor, that employee’s wages subject Specific Instructions to social security and Medicare taxes are qualified wages. Current Year Credit For a special rule that applies to railroad employees, see section 51(h)(1)(B). Lines 1a, 1b, and 1c The amount of qualified wages for any employee is Enter on the applicable line and multiply by the zero if: percentage shown the total qualified first- or second-year • The employee didn't work for you for at least 120 hours, wages paid to or incurred for employees who are • The employee worked for you previously, members of a targeted group. Qualified first-year wages • The employee is your dependent, are qualified wages you paid to or incurred for work • The employee is related to you (see section 51(i)(1)), or performed during the 1-year period beginning on the date • 50% or less of the wages the employee received from the employee begins work for you. Qualified second-year you were for working in your trade or business. wages are qualified wages you paid to or incurred for certified long-term family assistance recipients for work Qualified wages do not include: performed during the 1-year period beginning on the day • Wages paid to or incurred for any employee during any after the last day of the 1-year wage period. period for which you received payment for the employee from a federally funded on-the-job training program; The amount of qualified first-year wages and the • Wages paid to or incurred for a summer youth amount of qualified second-year wages that may be taken employee for services performed while the employee lived into account for any employee certified as a long-term outside an empowerment zone; family assistance recipient is limited to $10,000 per year. • Wages paid to or incurred for a designated community resident for services performed while the employee lived The amount of qualified first-year wages that may be outside an empowerment zone or rural renewal county; taken into account for an employee certified as a qualified • Wages paid to or incurred for services performed by a veteran is limited to the following amounts. summer youth employee before or after any 90-day period • $6,000 for a qualified veteran certified as being either between May 1 and September 15; (a) a member of a family receiving SNAP assistance (food • Wages for services of replacement employees during a stamps) for at least a 3-month period during the 15-month strike or lockout; period ending on the hiring date, or (b) unemployed for a • Wages paid to or incurred for any employee after period or periods totaling at least 4 weeks (whether or not December 31, 2020, and before July 1, 2021, if you use consecutive) but less than 6 months in the 1-year period the same wages to claim the coronavirus-related ending on the hiring date. employee retention credit on an employment tax return • $12,000 for a qualified veteran certified as being such as Form 941; entitled to compensation for a service-connected disability • Wages paid to or incurred for any employee after March and hired not more than 1 year after being discharged or 31, 2021, and before October 1, 2021, if you use the released from active duty in the U.S. Armed Forces. same wages to claim the credit for qualified sick and • $14,000 for a qualified veteran certified as being family leave wages on an employment tax return such as unemployed for a period or periods totaling at least 6 Form 941; and months (whether or not consecutive) in the 1-year period • Wages paid to or incurred for any employee generally ending on the hiring date. after December 27, 2019, and before April 17, 2021, if you • $24,000 for a qualified veteran certified as being use the same wages to claim the 2020 qualified disaster entitled to compensation for a service-connected employee retention credit on Form 5884-A. disability, and unemployed for a period or periods totaling at least 6 months (whether or not consecutive), in the Information about any future disaster credits that 1-year period ending on the hiring date. reduce qualified wages may be posted under "Recent Developments" at IRS.gov/Form5884. The amount of qualified first-year wages that may be taken into account for any employee certified as a summer youth employee is limited to $3,000. The amount of qualified first-year wages that may be taken into -2- Instructions for Form 5884 (Rev. 3-2021) |
Page 3 of 3 Fileid: … ns/I5884/202103/A/XML/Cycle05/source 17:34 - 30-Mar-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. account for an employee certified as a member of any Partnerships, S corporations, cooperatives, estates, other targeted group is $6,000. and trusts report the above credits on line 3. All other filers figuring a separate credit on earlier lines also report the Successor employer. For successor employers, the 1- above credits on line 3. All others not using earlier lines to or 2-year period begins on the date the employee began figure a separate credit can report the above credits work for the previous employer and any qualified first- or directly on Form 3800, Part III, line 4b. second-year wages paid or incurred by the successor employer are reduced by the qualified first- or Line 5 second-year wages paid or incurred by the previous employer. See section 51(k)(1) and Regulations section Cooperatives. A cooperative described in section 1.51-1(h). 1381(a) must allocate to its patrons the credit in excess of A successor employer is an employer that acquires its tax liability limit. Therefore, to figure the unused amount substantially all of the property used in a trade or business of the credit allocated to patrons, the cooperative must (or a separate unit thereof) of another employer (the first figure its tax liability. While any excess is allocated to previous employer) and immediately after the acquisition, patrons, any credit recapture applies as if the cooperative the successor employs in his or her trade or business an had claimed the entire credit. employee who was employed immediately prior to the If the cooperative is subject to the passive activity rules, acquisition in the trade or business of the previous include on line 3 any Form 5884 credit from passive employer. activities disallowed for prior years and carried forward to this year. Complete Form 8810, Corporate Passive Line 2 Activity Loss and Credit Limitations, to determine the In general, you must reduce your deduction for salaries allowed credit that must be allocated to patrons. For and wages by the amount on line 2. This is required even details, see the Instructions for Form 8810. if you can't take the full credit this year and must carry part Estates and trusts. Allocate the work opportunity credit of it back or forward. If you capitalized any costs on which on line 4 between the estate or trust and the beneficiaries you figured the credit, reduce the amount capitalized by in the same proportion as income was allocated and enter the credit attributable to these costs. the beneficiaries' share on line 5. Line 3 If the estate or trust is subject to the passive activity rules, include on line 3 any Form 5884 credit from passive Enter total work opportunity credits from: activities disallowed for prior years and carried forward to • Schedule K-1 (Form 1065), Partner's Share of Income, this year. Complete Form 8582-CR, Passive Activity Deductions, Credits, etc., box 15 (code J); Credit Limitations, to determine the allowed credit that • Schedule K-1 (Form 1120-S), Shareholder's Share of must be allocated between the estate or trust and the Income, Deductions, Credits, etc., box 13 (code J); beneficiaries. For details, see the Instructions for Form • Schedule K-1 (Form 1041), Beneficiary's Share of 8582-CR. Income, Deductions, Credits, etc., box 13 (code F); or • Form 1099-PATR, Taxable Distributions Received From Cooperatives, box 11 (box 9 for 2019; box 8 before 2019), or other notice of credit allocation. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123 and is included in the estimates shown in the instructions for their individual and business income tax return. The estimated burden for all other taxpayers who file this form is shown below. Recordkeeping 3 hr., 6 min. Learning about the law or the form 1 hr., 15 min. Preparing and sending the form to the IRS 2 hr., 34 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed. Instructions for Form 5884 (Rev. 3-2021) -3- |