WOTC Questions: Do we have to wait to submit WOTC to the state for the employee to first work 120 hours within those 28 days?

At CMS, as Work Opportunity Tax Credit (WOTC) experts and service providers since 1997, we receive a lot of questions via our website’s chat box:

So do we have to wait to submit WOTC to the state for the employee to first work 120 hours within those 28 days? That would squeeze our submission into days 21-28 days from hire?

CMS Says: No you don’t have to wait for the employee to reach 120 hours of work before submitting their WOTC “paperwork” (which may be electronic) to the state workforce agency. The actual 28-Day rule is related to the employees start date. So from the date when someone starts working for you, you have 28 days to submit the forms. If you wait until the employee has reached 120 hours first, if they are part time, you may miss the 28-day deadline altogether.

 

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