DOL releases updated forms, but without updated guidance
March 30, 2017
By Stacey May, Director of Tax Credits
The Department of Labor (DOL) released updated Form 9061 and the Self Attestation Form (SAF) for the Work Opportunity Tax Credit (WOTC), among others. The DOL sent out TEGL 25-15 detailing the updates in early January, but the forms themselves were not released until March, 2017.
The new Form 9061 has a January 31, 2020, expiration date and a revamped question 23 dealing with the Long Term Unemployed (LTU) group. The SAF also has a January 21, 2020, expiration date and revamped questions which should allow for easier applicant screening because they comply better with the letter of the law. An updated Spanish version of Form 9061 exists as well.
The issue arises with the gap between the initial TEGL guidance and the release of the updated forms almost two months later. Originally, the DOL specified April 11, 2017, as the deadline for applicants to discontinue use of outdated forms and use only the new forms. State workforce agencies, consultants and employers typically need more notice than a couple weeks to update electronic systems to mirror the new forms. The DOL has received requests to extend the deadline, but has not responded yet.
HKP will continue to closely monitor the situation and will update clients on any changes as soon as we know about them.