Employers must give employees written notice of their possible right to take an Earned Income Tax Credit on their federal tax returns, as required by a new California law, A.B. 650, that took effect on January 1. The new provision applies to all employers and employees covered by California’s unemployment insurance law.
The law requires employers to deliver the notice by handing it directly to each employee or mailing it to an employee’s last-known address. It must be delivered within one week before or after, or at the same time as, W-2 or 1099 forms are delivered. Note that you can’t satisfy the new notice requirement simply by posting the notice on an employee bulletin board or delivering it through interoffice mail.
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The law also sets out the following language for the notice:
Based on your annual earnings, you may be eligible to receive the Earned Income Tax Credit from the federal government. The Earned Income Tax Credit is a refundable federal income tax credit for low-income working individuals and families. The Earned Income Tax Credit has no effect on certain welfare benefits. In most cases, Earned Income Tax Credit payments will not be used to determine eligibility for Medicaid, supplemental security income, food stamps, low-income housing or most temporary assistance for needy families payments. Even if you do not owe federal taxes, you must file a tax return to receive the Earned Income Tax Credit. Be sure to fill out the Earned Income Tax Credit form in the federal income tax return booklet. For information regarding your eligibility to receive the Earned Income Tax Credit, including information on how to obtain the IRS Notice 797 or Form W-5, or any other necessary forms and instructions, contact the Internal Revenue Service by calling 1-800-829-3676 or through its website at www.irs.gov.