Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I5884/202003/A/XML/Cycle09/source (Init. & Date) _______ Page 1 of 3 13:31 - 12-Mar-2020 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 2020) (For use with the December 2016 revision of Form 5884, Work Opportunity Credit) Section references are to the Internal Revenue Code in which your business is located (where the employee unless otherwise noted. works) by the 28th calendar day after the date the individual begins work. Future Developments If the credit expires and is retroactively extended, For the latest information about developments related to TIP the IRS may allow you more time to submit Form Form 5884 and its instructions, such as legislation 8850 for an individual who began work while the enacted after they were published, go to credit was expired or for a reasonable time after it was IRS.gov/Form5884. extended. If more time is allowed, we will provide details What’s New at IRS.gov/Form8850 and in revised Instructions for Form 8850. The work opportunity credit has been extended to cover employees who begin work in 2020. Don’t report wages If the SWA denies the request, it will provide a written paid to or incurred for employees who begin work after explanation of the reason for denial. If a certification is 2020 on Form 5884 unless the credit is extended again. revoked because it was based on false information provided by the worker, wages paid or incurred after the General Instructions date you receive the notice of revocation don't qualify for the credit. Purpose of Form Targeted group employee. An employee is a member Use Form 5884 to claim the work opportunity credit for of a targeted group if he or she began working for you qualified first- and/or second-year wages you paid to or before 2021 and is a: incurred for targeted group employees during the tax year. • Long-term family assistance recipient, Your business doesn't have to be located in an • Qualified recipient of Temporary Assistance for Needy empowerment zone or rural renewal county to qualify for Families (TANF), this credit. • Qualified veteran, You can claim or elect not to claim the work opportunity • Qualified ex-felon, credit any time within 3 years from the due date of your • Designated community resident, return on either your original return or an amended return. • Vocational rehabilitation referral, • Summer youth employee, Partnerships, S corporations, cooperatives, estates, Supplemental Nutrition Assistance Program (SNAP) • and trusts must file this form to claim the credit. All other benefits (food stamps) recipient, taxpayers aren't required to complete or file this form if SSI recipient, or • their only source for this credit is a partnership, S Qualified long-term unemployment recipient. • corporation, cooperative, estate, or trust. Instead, they can report this credit directly on Form 3800, General See the Instructions for Form 8850 and section 51(d) Business Credit. for details and restrictions. Certain tax-exempt organizations can use Form Qualified Wages TIP 5884-C to claim the work opportunity credit for Wages qualifying for the credit have the same meaning as certain wages paid to qualified veterans. See wages subject to the Federal Unemployment Tax Act Form 5884-C for details. (FUTA) (determined without regard to the $7,000 FUTA tax wage base). If the work performed by any employee How To Claim the Credit during more than half of any pay period qualifies under You must ask for and be issued a certification for each FUTA as agricultural labor, that employee’s wages subject employee from the state workforce agency (SWA) to social security and Medicare taxes are qualified wages. (formerly known as the state employment security agency For a special rule that applies to railroad employees, see (SESA)) of the state in which your business is located. section 51(h)(1)(B). Qualified wages for any employee The certification proves that the employee is a member of must be reduced by the amount of any work a targeted group. You must either: supplementation payments you received under the Social • Receive the certification by the day the individual Security Act for the employee. begins work; or The amount of qualified wages for any employee is • Complete Form 8850, Pre-Screening Notice and zero if: Certification Request for the Work Opportunity Credit, on • The employee didn't work for you for at least 120 hours, or before the day you offer the individual a job and receive • The employee worked for you previously, the certification before you claim the credit. • The employee is your dependent, If you complete Form 8850, it must be signed by you • The employee is related to you (see section 51(i)(1)), or and the individual and submitted to the SWA of the state Mar 12, 2020 Cat. No. 13571O |
Page 2 of 3 Fileid: … ns/I5884/202003/A/XML/Cycle09/source 13:31 - 12-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • 50% or less of the wages the employee received from • $12,000 for a qualified veteran certified as being you were for working in your trade or business. entitled to compensation for a service-connected disability and hired not more than 1 year after being discharged or Qualified wages do not include: released from active duty in the U.S. Armed Forces. • Wages paid to or incurred for any employee during any $14,000 for a qualified veteran certified as being • period for which you received payment for the employee unemployed for a period or periods totaling at least 6 from a federally funded on-the-job training program; months (whether or not consecutive) in the 1-year period • Wages paid to or incurred for a summer youth ending on the hiring date. employee for services performed while the employee lived $24,000 for a qualified veteran certified as being • outside an empowerment zone; entitled to compensation for a service-connected • Wages paid to or incurred for a designated community disability, and unemployed for a period or periods totaling resident for services performed while the employee lived at least 6 months (whether or not consecutive), in the outside an empowerment zone or rural renewal county; 1-year period ending on the hiring date. • Wages paid to or incurred for services performed by a summer youth employee before or after any 90-day period The amount of qualified first-year wages that may be between May 1 and September 15; and taken into account for any employee certified as a • Wages for services of replacement workers during a summer youth employee is limited to $3,000. The amount strike or lockout. of qualified first-year wages that may be taken into account for an employee certified as a member of any Member of Controlled Group or other targeted group is $6,000. Business Under Common Control Successor employer. For successor employers, the 1- For purposes of figuring the credit, all members of a or 2-year period begins on the date the employee began controlled group of corporations (as defined in section work for the previous employer and any qualified first- or 52(a)) and all members of a group of businesses under second-year wages paid or incurred by the successor common control (as defined in section 52(b)) are treated employer are reduced by the qualified first- or as a single employer. As a member, figure your credit second-year wages paid or incurred by the previous based on your proportionate share of qualified wages employer. See section 51(k)(1) and Regulations section giving rise to the group’s work opportunity credit. Enter 1.51-1(h). your share of the credit on line 2. Attach a statement A successor employer is an employer that acquires showing how your share of the credit was figured, and substantially all of the property used in a trade or business enter “See attached” next to the entry space for line 2. (or a separate unit thereof) of another employer (the previous employer) and immediately after the acquisition, Specific Instructions the successor employs in his or her trade or business an individual who was employed immediately prior to the Current Year Credit acquisition in the trade or business of the previous employer. Lines 1a, 1b, and 1c Enter on the applicable line and multiply by the Line 2 percentage shown the total qualified first- or second-year In general, you must reduce your deduction for salaries wages paid to or incurred for employees who are and wages by the amount on line 2. This is required even members of a targeted group. Qualified first-year wages if you can't take the full credit this year and must carry part are qualified wages you paid to or incurred for work of it back or forward. If you capitalized any costs on which performed during the 1-year period beginning on the date you figured the credit, reduce the amount capitalized by the individual begins work for you. Qualified second-year the credit attributable to these costs. wages are qualified wages you paid to or incurred for certified long-term family assistance recipients for work Line 3 performed during the 1-year period beginning on the day Enter total work opportunity credits from: after the last day of the 1-year wage period. • Schedule K-1 (Form 1065), Partner's Share of Income, Deductions, Credits, etc., box 15 (code J); The amount of qualified first-year wages and the • Schedule K-1 (Form 1120S), Shareholder's Share of amount of qualified second-year wages that may be taken Income, Deductions, Credits, etc., box 13 (code J); into account for any employee certified as a long-term • Schedule K-1 (Form 1041), Beneficiary's Share of family assistance recipient is limited to $10,000 per year. Income, Deductions, Credits, etc., box 13 (code F); or The amount of qualified first-year wages that may be • Form 1099-PATR, Taxable Distributions Received taken into account for an employee certified as a qualified From Cooperatives, box 11 (box 9 for 2019; box 8 before veteran is limited to the following amounts. 2019), or other notice of credit allocation. • $6,000 for a qualified veteran certified as being either (a) a member of a family receiving SNAP assistance (food Partnerships, S corporations, cooperatives, estates, stamps) for at least a 3-month period during the 15-month and trusts report the above credits on line 3. All other filers period ending on the hiring date, or (b) unemployed for a figuring a separate credit on earlier lines also report the period or periods totaling at least 4 weeks (whether or not above credits on line 3. All others not using earlier lines to consecutive) but less than 6 months in the 1-year period figure a separate credit can report the above credits ending on the hiring date. directly on Form 3800, Part III, line 4b. -2- Instructions for Form 5884 (March 2020) |
Page 3 of 3 Fileid: … ns/I5884/202003/A/XML/Cycle09/source 13:31 - 12-Mar-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 5 Estates and trusts. Allocate the work opportunity credit Cooperatives. A cooperative described in section on line 4 between the estate or trust and the beneficiaries 1381(a) must allocate to its patrons the credit in excess of in the same proportion as income was allocated and enter its tax liability limit. Therefore, to figure the unused amount the beneficiaries' share on line 5. of the credit allocated to patrons, the cooperative must If the estate or trust is subject to the passive activity first figure its tax liability. While any excess is allocated to rules, include on line 3 any Form 5884 credit from passive patrons, any credit recapture applies as if the cooperative activities disallowed for prior years and carried forward to had claimed the entire credit. this year. Complete Form 8582-CR, Passive Activity If the cooperative is subject to the passive activity rules, Credit Limitations, to determine the allowed credit that include on line 3 any Form 5884 credit from passive must be allocated between the estate or trust and the activities disallowed for prior years and carried forward to beneficiaries. For details, see the Instructions for Form this year. Complete Form 8810, Corporate Passive 8582-CR. Activity Loss and Credit Limitations, to determine the allowed credit that must be allocated to patrons. For details, see the Instructions for Form 8810. 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 (March 2020) -3- |