The Hiring Incentives to Restore Employment Act (HIRE) was signed in to law by President Obama on March 18, 2010. Under the new laws certain employers may benefit from hiring certain kinds of new employees. The first break eliminates the employer’s portion of the Social Security tax of 6.2%. If the new employee is kept for 52 weeks a second tax credit kicks in. The new tax breaks apply to employees hired after February 3, 2010 and before January 1, 2011.
The FICA tax break only applies to the Employer’s Social Security portion — the employer must still pay the Medicare Tax and collect both the Social Security and Medicare employee portions.
- The newly hired employee cannot have worked more than 40 hours in the last 60 days in order to be eligible for this tax credit.
- The employer cannot replace current employees unless those employees are discharged for cause or the employee quits voluntarily.
- The newly hired employee cannot be related to the employer.
- The newly hired employee cannot directly or indirectly own more than 50% of the company.
- A qualified employee may work any number of full-time or part-time hours.
The tax break for March will show up as a credit on the Q2 941; for the rest of the year the employer can take the break into account when making regular payroll deposits. This tax credit CANNOT be taken in conjunction with the Work Opportunity Tax Credit (WOTC). Employers also CANNOT double up using the FICA Tip Credit either. The second half of the credit kicks in after the employer has retained the employee for a year; the tax credit is the lesser of 6.2% of the employee’s wages or $1000.
As eager as an employer might be to take advantage of this tax credit, they should not use it as a condition of hire, which would probably be a discriminatory hiring practice. If an employer decides to hire someone they should be careful about when and whether they ask the employee if they are long-term unemployed until after making a hiring decision. Once they decide to hire someone then they can ask them to certify that they have not been employed for more than 40 hours in the last 60 days.
As always, small business services and taxation are our business. If you need help Please give Art & Business Consulting a call. We would love to engage you as a client.
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