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Can anyone answer this? We hired a new employee to replace a current employee BUT she is not resigning until Aug. We hire her replacement so she gets fully trained by then. Can we take the tax exempti
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HIRE Act

posted at 4/30/2010 10:18 AM EDT
Posts: 38
First: 7/8/2008
Last: 11/18/2010
Can anyone answer this? We hired a new employee to replace a current employee BUT she is not resigning until Aug. We hire her replacement so she gets fully trained by then. Can we take the tax exemption under this circumstance since they are both still working?
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HIRE Act

posted at 5/3/2010 9:23 AM EDT
Posts: 21
First: 6/5/2007
Last: 6/11/2010
A-QE4: The payroll tax exemption does not apply to wages paid to an employee who is hired to replace an existing worker, unless the existing worker terminated employment voluntarily or was terminated for cause.


http://www.irs.gov/businesses/small/article/0,,id=220749,00.html

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So, if the replaced worker is leaving voluntarily (quitting), yes you can claim the payroll tax exemption.
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