IRS Tax Credits For Employers Who Give Family Leave

Tax reform legislation enacted in December 2017 offers a new tax credit for employers who provide paid family and medical leave. Here are several facts about how this credit works and which employers are eligible to claim it:

  • The credit is available for wages paid in taxable years beginning after December 31, 2017, and before January 1, 2020.
  • Some employers can claim the credit retroactively to the beginning of their first taxable year beginning after December 31, 2017, if they meet the terms of a transition rule on or before December 31, 2018.
  • To be eligible for the credit, an employer must have a written policy in place that includes:
    • At least two weeks of paid family and medical leave annually to full-time employees, prorated for part-time employees.
    • Pay for family and medical leave that’s at least 50 percent of the wages normally paid to the employee.
  • Generally, for tax year 2018, the employee’s 2017 compensation from the employer must be $72,000 or less.

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In the current competitive economic environment, states continue to compete against each other to lure companies (and their employees) to the “right” state. Many states offer lucrative credits and incentives to do so.

We assist companies with the identification, quantification and substantiation of multi-state benefits available as a result of expansion, including:

  • Increases in company headcount and training (ie. Hiring Credits, Training Credits, Grants and Reimbursement programs)
  • Investments in property, plant and equipment (ie. investment tax credits)
  • Increases in research and development activities (ie. R&D credits)
  • Expansions in enterprise zones, renaissance zones, or similar targeted areas

In general, tax credits focus on current (and sometimes retroactive) income tax benefits available to companies that meet specific factual requirements as set out by state statutes and regulations in a particular state. If a company clears those hurdles, they are often able to take advantage of hiring credits, investment credits and enterprise zone credits for doing business within the jurisdiction. The specifics obviously vary from state to state.

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