With regard to the RC employment credits, what does “substantially all” mean in regards to services performed? How does a company determine if an employee meets this test?
Although there is no published guidance on this question that specifically relates to the RC employment credit, the IRS recently ruled that “substantially all” means “80% or more” as it relates to identical statutory language regarding services performed by New York Liberty Zone business employees for purposes of the work opportunity credit. So, in the absence of any other guidance, it would not be unreasonable to apply that same percentage for the purposes of the RC employment credit.
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