California Employers Issuing W-2 or 1099 Must Revise Earned Income Tax Credit Notice

Jackson Lewis P.C.
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For several years, California employers have been required to notify employees regarding the federal Earned Income Tax Credit. Beginning January 1, 2017, new California law (AB 1847) requires those same employers to also notify employees that they may be eligible for the California Earned Income Tax Credit (“EITC”).

The new law states that an employer must notify all employees that they may be eligible for the federal and the California EITC within one week (before or after) or at the same time that the employer provides an annual wage summary, including, but not limited to, a Form W-2 or a Form 1099, to any employee.

California employers should consider using the language on the availability of the federal and the California EITC specified in the new law in their notice to employees.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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