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TXANS Association of Responsible Nonsubscribers

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During the last legislative session lawmakers passed House Bill 2360 amending the Texas Labor Code to require employers to provide employees with information regarding the earned income tax credit (EITC). More specifically, the Texas Workforce Commission’s EITC rule requires employers that employ at least one person to give every employee ‘information regarding general eligibility requirements for the federal earned income tax credit” no later than March 1 of each year. The EITC rule will likely require employers to utilize IRS Notice 797 to meet notification requirements.

The notices may be delivered by any means that is documentable and can be reasonably expected to be reliable. Many companies are expected to distribute notices as envelope stuffers but some businesses may utilize electronic notices. Merely providing a link to the IRS notice for employees to download is not a method of delivery allowed under the law. A solution would be to copy and paste the wording of the notice into an e-mail or attach a PDF copy of the notice. Employers should also maintain a log of electronic transmissions.

IRS Notice 797 along with other employer related forms are available on the forms and notices section of this website.

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