Department of the Treasury 
            Internal Revenue Service

Notice 1015
(Rev. December 2021)
Have You Told Your Employees About the 
Earned Income Credit (EIC)?

What Is the EIC?                                                        must notify the employee within 1 week of the date the substitute 
The EIC is a refundable tax credit for certain workers.                 Form W-2 is given. If Form W-2 is required but is not given on time, you 
                                                                        must give the employee Notice 797 or your written statement by the 
Which Employees Must I Notify About the EIC?                            date Form W-2 is required to be given. If Form W-2 is not required, you 
You must notify each employee who worked for you at any time during     must notify the employee by February 7, 2022.
the year and from whose wages you did not withhold income tax.          You must hand the notice directly to the employee or send it by 
However, you do not have to notify any employee who claimed             rst-class mail to the employee’s last known address. You will not meet 
exemption from withholding on Form W-4, Employee’s Withholding          the notication requirements by posting Notice 797 on an employee 
Certicate.                                                             bulletin board or sending it through ofce mail. However, you may want 
Note: You are encouraged to notify each employee whose wages for        to post the notice to help inform all employees of the EIC. You can 
2021 are less than $57,414 that he or she may be eligible for the EIC.  download copies of the notice at www.irs.gov/FormsPubs. Or you can 
How and When Must I Notify My Employees?                                go to www.irs.gov/OrderForms to order it. 
You must give the employee one of the following.                        How Will My Employees Know if They Can
• The IRS Form W-2, Wage and Tax Statement, which has the required      Claim the EIC?
information about the EIC on the back of Copy B.                        The basic requirements are covered in Notice 797. For more detailed 
• A substitute Form W-2 with the same EIC information on the back of    information, the employee needs to see Pub. 596, Earned Income 
the employee’s copy that is on Copy B of the IRS Form W-2.              Credit (EIC), or the Instructions for Forms 1040 and 1040-SR.
• Notice 797, Possible Federal Tax Refund Due to the Earned Income 
Credit (EIC).                                                           How Do My Employees Claim the EIC?
                                                                        An eligible employee claims the EIC on his or her 2021 tax return. Even 
• Your written statement with the same wording as Notice 797.           an employee who has no tax withheld from wages and owes no tax may 
If you give an employee a Form W-2 on time, no further notice is        claim the EIC and ask for a refund, but he or she must le a tax return to 
necessary if the Form W-2 has the required information about the EIC    do so. For example, if an employee has no tax withheld in 2021 and 
on the back of the employee’s copy. If you give an employee a           owes no tax but is eligible for a credit of $800, he or she must le a 
substitute Form W-2, but it does not have the required information, you 2021 tax return to get the $800 refund.
                                                                                                                     Notice 1015 (Rev. 12-2021)
                                                                                                                              Cat. No. 20599I