Hiring Incentives to Restore Employment (HIRE) Act Enacted Into Law
Obama signed the Hiring Incentives to Restore Employment (HIRE) Act on Thursday! This Act provides employers with the opportunity to receive two new tax benefits when they hire workers who were previously unemployed or only worked part-time. Although household employers are not qualified to receive the benefits, businesses, agricultural employers, tax-exempt organizations and public colleges and universities are. So, before you start hiring, here are some things to think about…
When an employer hires qualified workers after February 3, 2010 and before January 1, 2011 they can receive a 6.2% Social Security tax incentive (a savings of up to $6,622) for each worker. There are no limits or phase-outs for the benefits claimed, they can hire as many qualified workers as they wish, and it has no effect on the employee’s future Social Security benefits!
The savings are applied to wages paid after March 18, 2010. If an employer realizes these benefits in March, they will have a credit applied to their second quarter employment taxes. The IRS says that they will make revised 941 Forms and details available in the next few weeks.
The Social Security benefit sounds pretty good, right? Well, the HIRE Act doesn’t stop there. When an employer retains the qualified workers for at least one year (52 consecutive weeks), they can claim an additional tax credit of up to $1,000 per worker! The credit can be claimed on the business’s 2011 income tax return. The only catch is that the total wages paid to each worker starting 6 months after the hire date to 1 year after the hire date must equal at least 80% of the total wages paid to that same worker during the first 6 months (26 weeks) of employment.
Still interested in going for the tax benefits? Here are the criteria that an employee must meet:
- A statement certifying that he or she was unemployed or worked fewer than 40 hours during the 60 day period prior being hired must be provided by the employee. The IRS is currently developing a form for this.
- He or she must be a new hire for the employer.
- He or she can fill an existing position, so long as the previous worker left the position voluntarily or for cause.
- Family members and other relatives do not qualify.
Even though an employer may be eligible to take this Social Security tax break, they still need to withhold the employee’s share of Social Security taxes, Medicare taxes, and Income taxes, as well as provide the employer’s share of Medicare taxes and Unemployment taxes. If you are an employer hiring a qualified employee, be sure to tell your payroll tax specialist to ensure that you receive the benefits without any issues.
DISCLAIMER: All information on this post is the opinion of the author and is not offered as legal advice. Please consult the appropriate authoritative laws, codes, rulings, cases, etc. for the most accurate and timely information. This firm offers valuable professional tax advice only as part of prepaid engagements.

