The IRS has issued a bulletin which allows companies to extend the 28 day window requirement to the end of April 2013. Which means that if you had someone who qualified under most of the categories (Veteran's is the exception) and you didn't make the 28 day window, you can still send it in.
What we're hoping is that this ruling will allow companies who did not have their employees fill out the 8850 to retroactively go back and have them fill out the forms and send them in by the end of April.
Not sure how that will all shake out but we're keeping our fingers crossed!
Talked to Bonnie Lance today, WOTC coordinator, and she indicated that it will take the better part of this year to catch up on 2012 and 2013 certifications. She commented that they had over 100,000 applications to process, they didn't have the manpower (nor budget) to move any faster. Companies are going to have to file their 2012 returns without the lion's share of the credits if they are a NY company.
Other states have almost already caught up - Pennsylvania, Maine, Virginia are three of the best.
We continue our quest to make permanent changes in the tax code to accomodate these credits but its an uphill battle with all the positioning in Congress, the Senate and the White House.
Its been a long year without any processing of applications that have been sent in. Some states are getting current quickly (Virgina) while some states are struggling with their new software (Pennsylvania) and others are just slow (New York has over 100,000 applications to deal with).
It's unlikely that all states will process all 2012 forms by 3/15 (for corporations) or even 4/15 (for LLCs, S-Corps) so companies have a choice. Choice 1 is to file an extension - pay the tax you owe (or claim the refund) without credits - then on extension day (9/15 or 10/15) file with the credits and get money back. The other option is to file on time and take what credits are in then take the rest when you file the 2013 returns. The best advise I can give you is to check with your tax professional to see what his advise is.
At EmployerIncentives.com we're phasing in the credits as we get them so those companies who want to file by the tax deadline and not use the extension will get their up to the minute credits.
We really need to try to make this part of a permanent tax credit so we don't need to go through this every time the programs expire.
Disconnected Youth and Unemployed Vets (not from the Vow to Hire Vets category) - these were two categories that expired at the end of 2010 and were not included in the re-authorization of the WOTC program through 12/31/13. State agencies are returning any applications sent in during 2011 and 2012 that were for those categories.
We have started seeing the states turn around the applications but there's only a dribble so far - I hope that the can get the flow started so that companies can get their 2012 credits by tax deadline date of 3/15 - 4/15 for individuals.