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2010 WOTC state allotments

Summary ETA gave state workforce agencies fiscal year 2010 funding allotments for administration of the Work Opportunity Tax Credit program, covering October 2009 through September 2010. Two attachments provide the allotment and grant materials. ETA now lists this year-specific advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 16-09
Date issued
March 5, 2010
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its signed letter prints Expiration Date: Continuing and Rescissions: None. It concerns fiscal year 2010 funding.
Status last verified October 24, 2026

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This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its signed letter prints Expiration Date: Continuing and Rescissions: None. It concerns fiscal year 2010 funding. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL16-09acc.pdf

CLASSIFICATION
                                                  WOTC
  EMPLOYMENT AND TRAINING ADMINISTRATION
                                                  CORRESPONDENCE SYMBOL
              ADVISORY SYSTEM                     OWI
        U. S. DEPARTMENT OF LABOR                 DATE
           Washington, D.C. 20210                 March 5, 2010


TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 16-09

TO:            ALL STATE WORKFORCE AGENCIES
               ALL STATE WORKFORCE LIAISONS

FROM:          JANE OATES /s/
               Assistant Secretary

SUBJECT:       Work Opportunity Tax Credit (WOTC) Funding Allotments for
               Fiscal Year 2010

l. Purpose. To provide state workforce agencies (SWAs) responsible for
   management of the WOTC Program with funding allotments for the
   period October 1, 2009 through September 30, 2010.

2. References.
   ƒ Department of Labor Appropriations Act, 2010, Division D, Title I of
      the Consolidated Appropriations Act of 2010 (P.L. 111-117)
   ƒ American Recovery and Reinvestment Act (Recovery Act) of 2009
      Section 1221, (P.L. 111-5)
   ƒ Section 51 of the Internal Revenue Code of 1986, as amended;
   ƒ Wagner-Peyser Act, Section 7(d)
   ƒ Small Business and Work Opportunity Tax Act of 2007 (P.L. 110-28)
   ƒ Tax Relief and Health Care Act of 2006 (P.L. 109-432)
   ƒ Working Families Tax Relief Act of 2004 (P.L. 108-311)
   ƒ Small Business Job Protection Act of 1996 (P.L. 104-188)
   ƒ August 2009 Addendum to Third Edition, November 2002, ETA
      Handbook 408
   ƒ Third Edition, November 2002, of ETA Handbook 408

3. Background. The funds for the allotments announced in this Training and
   Employment Guidance Letter (TEGL) are part of the funds appropriated
   under the Department of Labor Consolidated Appropriations Act of 2010
   (P.L. 111-117), signed into law by President Obama on December 16, 2009.



RESCISSIONS                                 EXPIRATION DATE:
None                                        Continuing

                                       -2-

   On May 25, 2007, the Small Business and Work Opportunity Tax Act of
   2007 (P.L. 110-28) reauthorized the Work Opportunity Tax Credit program
   for an additional 44-month period, through August 31, 2011. On
   February 17, 2009, the President signed into law the American Recovery
   and Reinvestment Act (the Recovery Act) of 2009 (P.L. 111-5). This
   legislation introduced two new target groups: 1) Unemployed Veterans
   and 2) Disconnected Youth who begin to work for an employer after
   December 31, 2008.

4. Funding. ETA is issuing Fiscal Year (FY) 2010 funding to the SWAs for
   WOTC Program implementation activities and elimination of certification
   backlogs. The appropriated level for FY 2010 totals $18,520,000. After
   allocating $20,000 for the Virgin Islands, funds are distributed to states by
   administrative formula with a $66,000 minimum allotment and a 95
   percent stop-loss/120 percent stop-gain from the prior year allotment
   share percentage.

   The FY 2010 formula allotment data factors and related percentages are as
   follows:

       (1) Fifty percent based on each state's relative share of total
           certifications issued from July 1, 2008 – June 30, 2009 for the WOTC
           program;

       (2) Thirty percent based on each state's relative share of the Civilian
           Labor Force, averages for the 12-month period, from October 2008
           through September 2009; and

       (3) Twenty percent based on each state's relative share of adult
           recipients of Temporary Assistance for Needy Families, averages for
           the 12-month period, from October 1, 2007 through September 30,
           2008.

   Attachment I shows the distribution of FY 2010 WOTC funding amounts
   by state for program operations in 2010. For FY 2010, there will no longer
   be a postage reserve taken from funds distributed by formula. All funds
   are distributed by formula, and all states will use their formula funds to
   cover postage costs. Funds will be issued by the Grant Officer with the
   requirement that expenditures must comply with the Uniform State Plan

   Narrative (i.e., the Statement of Work – Attachment II) and the policy
   guidance in this TEGL.

                                     -3-

5. General Administration. SWAs are responsible for administering the
   WOTC Program, including processing certification requests, promoting the
   program to employers, reducing and eliminating existing backlogs, and
   reporting program data on a quarterly basis.

   In addition, the WOTC must be administered in accordance with the
   policies and procedural guidance set forth in the November 2002, Third
   Edition of ETA Handbook No. 408 (Handbook) and the August 2009
   Addendum to this Handbook, and Section 51 of the Internal Revenue
   Code. Current Federal Regulations at 20 CFR 658.400 Subpart E cover the
   Job Service complaint procedures.

6. Reporting. SWAs should report expenditures quarterly by completing
   Standard Form 9130 (SF-9130) (OMB No. 1205-0461) and entering
   expenditures into ETA’s Web-based Enterprise Business Support System
   (EBSS), Cost Reporting System. These reports should cover all WOTC
   grant funds. Quarterly financial reports are due within 30 days following
   the end of each quarter per 29 CFR 97.41(b)(4). Timely submission of these
   reports is extremely important to ensure proper accounting of funds.
   Regional Offices will conduct a financial reconciliation at the end of the
   fiscal year. Questions regarding financial management and reporting for
   FY 2010 or for existing prior year fund balances should be addressed to the
   appropriate Regional Office.

   SWAs should use the Web-based EBSS modified Tax Credit Reporting
   System, currently in place, to report quarterly program activities and
   outcomes. A schedule with report due dates will be available at:
   http://www.doleta.gov/business/incentives/opptax. Quarterly
   performance reports are due within 45 days following the end of each
   quarter. Note. States were granted an additional 90 days to submit
   quarterly performance reports during the WOTC program’s early
   implementation years. However, to ensure greater transparency and
   timely data for the WOTC program, ETA has decided to remove the 90-day
   grace period effective upon receipt of this TEGL. Program reports will
   now be due 45 days following the close of each quarter.

7. Action Requested. State Administrators are requested to immediately
   transmit this TEGL to the appropriate staff.

                                       -4-

8. Inquiries. Questions regarding these allotments may be directed to the
   appropriate Regional Office. Information on allotments and planning
   requirements may also be found on ETA’s Web site at:
   http://www.doleta.gov.

9. Attachments:

   I. FY 2010 WOTC State Allotments
   II. WOTC Uniform State Plan Narrative (Statement of Work)

Attachment 1 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL16-09a1.pdf

U. S. Department of Labor
          Employment and Training Administration
           Work Opportunity Tax Credits
            FY 2010 State Allotments


           State                         Amount

Total                                         $18,520,000

Alabama                                           243,221
Alaska                                             66,000
Arizona                                           394,394
Arkansas                                          233,704
California                                      2,287,884
Colorado                                          210,314
Connecticut                                       197,595
Delaware                                           66,000
District of Columbia                               66,000
Florida                                           817,894
Georgia                                           585,186
Hawaii                                             66,000
Idaho                                              66,000
Illinois                                          845,352
Indiana                                           502,670
Iowa                                              259,688
Kansas                                            172,777
Kentucky                                          277,636
Louisiana                                         380,805
Maine                                              79,736
Maryland                                          303,782
Massachusetts                                     333,452
Michigan                                          642,363
Minnesota                                         267,248
Mississippi                                       194,335
Missouri                                          484,533
Montana                                            66,000
Nebraska                                          135,321
Nevada                                            108,911
New Hampshire                                      66,000
New Jersey                                        457,713
New Mexico                                        149,750
New York                                          935,998
North Carolina                                    500,319
North Dakota                                       66,000
Ohio                                              804,850
Oklahoma                                          250,378
Oregon                                            243,531
Pennsylvania                                      639,936
Puerto Rico                                        94,307
Rhode Island                                       66,000
South Carolina                                    202,405
South Dakota                                       68,562
Tennessee                                         709,716
Texas                                           1,352,370
Utah                                              121,866
Vermont                                            66,000
Virginia                                          392,904
Washington                                        452,191
West Virginia                                     127,381
Wisconsin                                         311,022
Wyoming                                            66,000
    State Total                                18,500,000
Virgin Islands                                     20,000

Attachment 2 (official PDF): https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2010/TEGL16-09a2.pdf

Work Opportunity Tax Credit Program
                Uniform State Plan Narrative (Statement of Work)

Instructions.

State workforce agencies (SWAs) are to use Fiscal Year 2010 funds announced herein
for:

    1. Determining eligibility of individuals as members of targeted groups, on a
      timely basis, and performing a “quality review” by a second staff person for
      each determination within 48 hours of receipt of the IRS Form 8850 and ETA
      Form 9061 or 9062.

    2. Issuing employer certifications, denials, or notices of invalidation for tax
      credits on a timely basis and in accordance with the policies and procedures set
      forth in the ETA Handbook No. 408, Third Edition, November 2002 (the
      Handbook) and the August 2009 Addendum to the Handbook.

    3. Developing working agreements with partner agencies in the One-Stop
      Delivery System and coordinating efforts to promote WOTC to employers and
      job seekers and other Workforce Investment Act (WIA) partners.

    4. Establishing and implementing an Appeals Resolution and Policy Clarification
      System in accordance with the guidelines provided in the Handbook (Chapter
      VIII, Section F, pp.VIII-5-8).

    5. Establishing and maintaining appropriate forms review, record keeping, and
      reporting capability related to the orderly management of WOTC certification
      requests.

    6. Establishing and maintaining an orderly system for regularly verifying the
      eligibility of a random sample of individuals certified under the WOTC
      Program and initiating effective corrective action when appropriate as
      indicated by results of the audit activities.

    7. Negotiating formal cooperative agreements with local WIA areas, State
      Vocational Rehabilitation Agencies, Veterans Administration and related
      groups, Employment Networks and other state and local agencies and
      organizations for the purposes of issuing Conditional Certifications where
      appropriate, and/or augmenting WOTC outreach activities.

    8. Negotiating formal agreements with appropriate Federal and state agencies,
      including the Departments of Health and Human Services, Agriculture,
      Housing and Urban Development, the Social Security Administration, and
      others to expedite verification of information provided to the SWA by
      participating target group members.

                                           -2-

    9. Training state and participating agency staff and providing monitoring and
      technical assistance to these agencies, as appropriate, for conducting target
      group preliminary eligibility determinations and issuing Conditional
      Certifications.

    10. Cooperating with employment and training organizations already working with
       the private sector, such as veteran organizations, employer committees, and
       local WIA Boards to inform employers about the tax benefits to be derived
       from participation and the eligibility requirements under the WOTC Program.

Grant Agreement Conditions.

By entering into this agreement, the SWA agrees to the following conditions:

    1. Provisions of the Internal Revenue Code of 1986, Section 51, as amended,
      must be adhered to in conducting the program. By law, the SWAs are
      designated as the ONLY agencies that can issue a Certification. The SWAs
      can enter into cooperative agreements with certain participating agencies and
      together provide other WOTC-related program services (e.g., issuing
      Conditional Certifications, outreach activities).

    2. SWAs must follow the conditions and standards of performance for
      administration and operation of the program found in the most current edition
      of the ETA Handbook 408 for the WOTC and its August 2009 Addendum.
      The state must maintain a verification and quality control process in
      accordance with guidance in this Handbook

    3. Funding use will be reviewed against the quarterly spending plan and when
      expenditures are substantially below plan; ETA may de-obligate funds for
      redistribution.

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