September 21, 2021

Volume XI, Number 264

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September 20, 2021

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IRS Reverses Course; H-2A Wages Now Eligible for FFCRA Tax Credit

Good news for H-2A employers: the IRS has reversed course on its interpretation of whether H-2A wages are eligible for the Families First Coronavirus Response Act (FFCRA) tax credit.

On January 28, 2021, the IRS issued new guidance in the form of an FAQ stating that employers are entitled to tax credits under the FFCRA for qualified leave wages paid to H-2A workers. The FAQ can be found on the IRS website. The IRS withdrew its original guidance disallowing the credit for H-2A wages.

© 2021 Varnum LLPNational Law Review, Volume XI, Number 32
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About this Author

Kimberly A. Clarke, Varnum, Immigration Lawyer
Partner

Kim focuses her practice on immigration matters, including nonimmigrant petitions, both employment- and family-based permanent residence applications, expatriation and foreign visa issues. She has developed a strong background in the area of worker verification issues and managed clients through internal and agency Form I-9 audits, USICE compliance investigations and civil criminal charges.

In addition, Kim maintains a specialty practice of consultation with agricultural clients and handles various agricultural labor and employment issues such as compliance with...

616-336-6441
Kristiana M. Coutu, Varnum, Corporate and agriculture attorney
Counsel

Kristiana's practice focuses on serving the needs of the agriculture industry. She has experience in several areas of agricultural law including labor and employment matters, H-2A labor, taxation, succession planning and general business matters. Kristiana previously practiced as a certified public accountant and has over 20 years of experience in the agriculture industry, including agricultural lending and operating her family farm. ​​

269/553-3547
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