Internal Revenue Code · 26 U.S.C.
§ 51. Amount of credit
Official text, no changes From the Office of the Law Revision Counsel, release point 119-121 (current through Public Law 119-121 (October 9, 2026)). Compare it with the official text at uscode.house.gov (external site).
Cite as 26 U.S.C. § 51
At a glance
Read from the text, the source credit and the official notes. Not part of the law.
- Status
- In force
- Added
- May 23, 1977 by Pub. L. 95–30
- Last amended
- December 27, 2020 by Pub. L. 116–260
- Amendments
- 36 dated changes in the source credit
- Length
- 11 subsections · 4,633 words · about 20 min to read
- Defines
- 31 terms
- Cross-references
- cites 8; cited by 14 Code sections and 12 other regulations
- Regulations
- 1 issued under this section
For purposes of section 38, the amount of the work opportunity credit determined under this section for the taxable year shall be equal to 40 percent of the qualified first-year wages for such year.
The term “qualified wages” means the wages paid or incurred by the employer during the taxable year to individuals who are members of a targeted group.
The term “qualified first-year wages” means, with respect to any individual, qualified wages attributable to service rendered during the 1-year period beginning with the day the individual begins work for the employer.
The amount of the qualified first-year wages which may be taken into account with respect to any individual shall not exceed $6,000 per year ($12,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(I), $14,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(iv), and $24,000 per year in the case of any individual who is a qualified veteran by reason of subsection (d)(3)(A)(ii)(II)).
Except as otherwise provided in this subsection and subsection (h)(2), the term “wages” has the meaning given to such term by subsection (b) of section 3306 (determined without regard to any dollar limitation contained in such section).
The term “wages” shall not include any amounts paid or incurred by an employer for any period to any individual for whom the employer receives federally funded payments for on-the-job training of such individual for such period.
The amount of wages which would (but for this subparagraph) be qualified wages under this section for an employer with respect to an individual for a taxable year shall be reduced by an amount equal to the amount of the payments made to such employer (however utilized by such employer) with respect to such individual for such taxable year under a program established under section 482(e) 11 See References in Text note below. of the Social Security Act.
The term “wages” shall not include any amount paid or incurred to an individual who begins work for the employer after December 31, 2025.
The term “wages” shall not include any amount paid or incurred to a qualified individual (as defined in section 3111(d)(3)) 1 during the 1-year period beginning on the hiring date of such individual by a qualified employer (as defined in section 3111(d)) 1 unless such qualified employer makes an election not to have section 3111(d) 1 apply.
The term “qualified IV–A recipient” means any individual who is certified by the designated local agency as being a member of a family receiving assistance under a IV–A program for any 9 months during the 18-month period ending on the hiring date.
For purposes of this paragraph, the term “IV–A program” means any program providing assistance under a State program funded under part A of title IV of the Social Security Act and any successor of such program.
For purposes of subparagraph (A), the terms “compensation” and “service-connected” have the meanings given such terms under section 101 of title 38, United States Code.
In the case of a designated community resident, the term “qualified wages” shall not include wages paid or incurred for services performed while the individual’s principal place of abode is outside an empowerment zone, enterprise community, renewal community, or rural renewal county.
Paragraph (5)(B) shall apply for purposes of subparagraph (A)(iv).
Notwithstanding any other provision of law, the Secretary of the Treasury and the Secretary of Agriculture shall enter into an agreement to provide information to designated local agencies with respect to participation in the supplemental nutrition assistance program.
The term “qualified SSI recipient” means any individual who is certified by the designated local agency as receiving supplemental security income benefits under title XVI of the Social Security Act (including supplemental security income benefits of the type described in section 1616 of such Act or section 212 of Public Law 93–66) for any month ending within the 60-day period ending on the hiring date.
The term “designated local agency” means a State employment security agency established in accordance with the Act of June 6, 1933, as amended (29 U.S.C. 49–49n).
If a designated local agency denies a request for certification of membership in a targeted group, such agency shall provide to the person making such request a written explanation of the reasons for such denial.
The Secretary may provide alternative methods for certification of a veteran as a qualified veteran described in clause (ii)(II), (iii), or (iv) of paragraph (3)(A), at the Secretary’s discretion.
Any unemployed veteran or disconnected youth who begins work for the employer during 2009 or 2010 shall be treated as a member of a targeted group for purposes of this subpart.
For purposes of this subpart, remuneration paid by an employer to an employee during any taxable year shall be taken into account only if more than one-half of the remuneration so paid is for services performed in a trade or business of the employer.
Any determination as to whether paragraph (1), or subparagraph (A) or (B) of subsection (h)(1), applies with respect to any employee for any taxable year shall be made without regard to subsections (a) and (b) of section 52.
The United States Employment Service, in consultation with the Internal Revenue Service, shall take such steps as may be necessary or appropriate to keep employers apprised of the availability of the work opportunity credit determined under this subpart.
If the services performed by any employee for an employer during more than one-half of any pay period (within the meaning of section 3306(d)) taken into account with respect to any year constitute agricultural labor (within the meaning of section 3306(k)), the term “unemployment insurance wages” means, with respect to the remuneration paid by the employer to such employee for such year, an amount equal to so much of such remuneration as constitutes “wages” within the meaning of section 3121(a), except that the contribution and benefit base for each calendar year shall be deemed to be $6,000.
If more than one-half of remuneration paid by an employer to an employee during any year is remuneration for service described in section 3306(c)(9), the term “unemployment insurance wages” means, with respect to such employee for such year, an amount equal to so much of the remuneration paid to such employee during such year which would be subject to contributions under section 8(a) of the Railroad Unemployment Insurance Act (45 U.S.C. 358(a)) if the maximum amount subject to such contributions were $500 per month.
In any case to which subparagraph (A) or (B) of paragraph (1) applies, the term “wages” means unemployment insurance wages (determined without regard to any dollar limitation).
An election under paragraph (1) for any taxable year may be made (or revoked) at any time before the expiration of the 3-year period beginning on the last date prescribed by law for filing the return for such taxable year (determined without regard to extensions).
An election under paragraph (1) (or revocation thereof) shall be made in such manner as the Secretary may by regulations prescribe.
Under regulations prescribed by the Secretary, in the case of a successor employer referred to in section 3306(b)(1), the determination of the amount of the credit under this section with respect to wages paid by such successor employer shall be made in the same manner as if such wages were paid by the predecessor employer referred to in such section.
No credit shall be determined under this section with respect to remuneration paid by an employer to an employee for services performed by such employee for another person unless the amount reasonably expected to be received by the employer for such services from such other person exceeds the remuneration paid by the employer to such employee for such services.
(Added Pub. L. 95–30, title II, § 202(b), May 23, 1977, 91 Stat. 141; amended Pub. L. 95–600, title III, § 321(a), Nov. 6, 1978, 92 Stat. 2830; Pub. L. 96–222, title I, § 103(a)(6)(A), (E), (F), (G)(iii)–(ix), Apr. 1, 1980, 94 Stat. 209, 210; Pub. L. 97–34, title II, § 261(a)–(b)(2)(A), (B)(ii)–(f)(1), Aug. 13, 1981, 95 Stat. 260–262; Pub. L. 97–248, title II, § 233(a)–(d), (f), Sept. 3, 1982, 96 Stat. 501, 502; Pub. L. 97–448, title I, § 102(l)(1), (3), (4), Jan. 12, 1983, 96 Stat. 2374; Pub. L. 98–369, div. A, title IV, § 474(p)(1)–(3), title VII, § 712(n), title X, § 1041(a), (c)(1)–(4), div. B, title VI, §§ 2638(b), 2663(j)(5)(A), July 18, 1984, 98 Stat. 837, 955, 1042, 1043, 1144, 1171; Pub. L. 99–514, title XVII, § 1701(a)–(c), title XVIII, § 1878(f)(1), Oct. 22, 1986, 100 Stat. 2772, 2904; Pub. L. 100–203, title X, § 10601(a), Dec. 22, 1987, 101 Stat. 1330–451; Pub. L. 100–485, title II, § 202(c)(6), Oct. 13, 1988, 102 Stat. 2378; Pub. L. 100–647, title I, § 1017(a), title IV, § 4010(a), (c)(1), (d)(1), Nov. 10, 1988, 102 Stat. 3575, 3655; Pub. L. 101–239, title VII, § 7103(a), (c)(1), Dec. 19, 1989, 103 Stat. 2305; Pub. L. 101–508, title XI, § 11405(a), Nov. 5, 1990, 104 Stat. 1388–473; Pub. L. 102–227, title I, § 105(a), Dec. 11, 1991, 105 Stat. 1687; Pub. L. 103–66, title XIII, §§ 13102(a), 13302(d), Aug. 10, 1993, 107 Stat. 420, 556; Pub. L. 104–188, title I, § 1201(a)–(e)(1), (5), (f), Aug. 20, 1996, 110 Stat. 1768–1772; Pub. L. 104–193, title I, § 110(l)(1), Aug. 22, 1996, 110 Stat. 2173; Pub. L. 105–33, title V, § 5514(a)(1), Aug. 5, 1997, 111 Stat. 620; Pub. L. 105–34, title VI, § 603(a)–(d), Aug. 5, 1997, 111 Stat. 862; Pub. L. 105–277, div. J, title I, § 1002(a), title IV, § 4006(c)(1), Oct. 21, 1998, 112 Stat. 2681–888, 2681–912; Pub. L. 106–170, title V, § 505(a), (b), Dec. 17, 1999, 113 Stat. 1921; Pub. L. 106–554, § 1(a)(7) [title I, § 102(a)–(c), title III, § 316(a)], Dec. 21, 2000, 114 Stat. 2763, 2763A–600, 2763A–644; Pub. L. 107–147, title VI, § 604(a), Mar. 9, 2002, 116 Stat. 59; Pub. L. 108–311, title II, § 207(5), title III, § 303(a)(1), Oct. 4, 2004, 118 Stat. 1177, 1179; Pub. L. 109–432, div. A, title I, § 105(a)–(e)(3), Dec. 20, 2006, 120 Stat. 2936, 2937; Pub. L. 110–28, title VIII, § 8211(a)–(d), May 25, 2007, 121 Stat. 191; Pub. L. 110–234, title IV, § 4002(b)(1)(A), (B), (D), (2)(O), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(A), (B), (D), (2)(O), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–5, div. B, title I, § 1221(a), Feb. 17, 2009, 123 Stat. 337; Pub. L. 111–147, title I, § 101(b), Mar. 18, 2010, 124 Stat. 74; Pub. L. 111–312, title VII, § 757(a), Dec. 17, 2010, 124 Stat. 3322; Pub. L. 112–56, title II, § 261(a)–(d), Nov. 21, 2011, 125 Stat. 729, 730; Pub. L. 112–240, title III, § 309(a), Jan. 2, 2013, 126 Stat. 2329; Pub. L. 113–295, div. A, title I, § 119(a), Dec. 19, 2014, 128 Stat. 4015; Pub. L. 114–113, div. Q, title I, § 142(a), (b), Dec. 18, 2015, 129 Stat. 3056; Pub. L. 115–141, div. U, title IV, § 401(a)(26)–(29), Mar. 23, 2018, 132 Stat. 1185; Pub. L. 116–94, div. Q, title I, § 143(a), Dec. 20, 2019, 133 Stat. 3234; Pub. L. 116–260, div. EE, title I, § 113(a), Dec. 27, 2020, 134 Stat. 3050.)
Terms defined here
Where the text says “the term … means”. Select a term to jump to its definition.
- designated community resident § 51(d)(5)(A)
- designated local agency § 51(d)(12)
- disconnected youth § 51(d)(14)(B)(ii)
- extended active duty § 51(d)(3)(B)(ii)
- hiring date § 51(d)(11)
- IV–A program § 51(d)(2)(B)
- long-term family assistance recipient § 51(d)(10)
- pre-screening notice § 51(d)(13)(A)(ii)(II)
- qualified ex-felon § 51(d)(4)
- qualified first-year wages § 51(b)(2)
- qualified IV–A recipient § 51(d)(2)(A)
- qualified long-term unemployment recipient § 51(d)(15)
- qualified second-year wages § 51(e)(2)
- qualified SSI recipient § 51(d)(9)
- qualified summer youth employee § 51(d)(7)(A)
- qualified supplemental nutrition assistance program benefits recipient § 51(d)(8)(A)
- qualified veteran § 51(d)(3)(A)
- qualified wages § 51(b)(1)
- qualified wages § 51(d)(5)(B)
- rural renewal county § 51(d)(5)(C)
- unemployed veteran § 51(d)(14)(B)(i)
- unemployment insurance wages § 51(h)(1)(A)
- unemployment insurance wages § 51(h)(1)(B)
- veteran § 51(d)(3)(B)
- vocational rehabilitation referral § 51(d)(6)
- wages § 51(c)(1)
- wages § 51(c)(2)(A)
- wages § 51(c)(3)(B)
- wages § 51(c)(4)
- wages § 51(c)(5)
- wages § 51(h)(2)
Regulations under this section
Treasury regulations (26 CFR) issued under § 51
Cross-references
Computed from the citations in the text of Title 26 and 26 CFR.
This section cites 8 other sections
- § 38 General business credit
- § 3306 Definitions
- § 482 Allocation of income and deductions among taxpayers
- § 3111(d) Rate of tax
- § 52 Special rules
- § 3121(a) Definitions
- § 152(d)(2) Dependent defined
- § 267(c) Losses, expenses, and interest with respect to transactions between related taxpayers
Cited by 14 Code sections
- § 38(b)(2) General business credit
- § 41(b)(2)(D)(iii) Credit for increasing research activities
- § 45A(b)(1)(B) Indian employment credit
- § 45S(h)(2) Employer credit for paid family and medical leave
- § 52(a) Special rules
- § 196(c)(2) Deduction for certain unused business credits
- § 280C(a) Certain expenses for which credits are allowable
- § 1396(c)(3)(A) Empowerment zone employment credit
- § 1397(a)(1) Other definitions and special rules
- § 3111(e)(1) Rate of tax
- § 3131(f)(3) Credit for paid sick leave
- § 3132(f)(3) Payroll credit for paid family leave
- § 3134(c)(3)(D) Employee retention credit for employers subject to closure due to COVID–19
- § 3511(d)(2)(G) Certified professional employer organizations
Cited in 12 regulations not issued under it
- § 1.1-1 Income tax on individuals.
- § 1.15-1 Changes in rate during a taxable year.
- § 1.44B-1 Credit for employment of certain new employees.
- § 1.52-1 Trades or businesses that are under common control.
- § 1.52-3 Limitations with respect to certain persons.
- § 1.53-2 Carryback and carryover of unused credit.
- § 1.338-1 General principles; status of old target and new target.
- § 1.901-3 Reduction in amount of foreign taxes on foreign mineral income allowed as a credit.
- § 1.6654-1 Addition to the tax in the case of an individual.
- § 1.6654-2 Exceptions to imposition of the addition to the tax in the case of individuals.
- § 1.9006-1 Interest and penalties in case of certain taxable years.
- § 31.3511-1 Certified professional employer organization.
Amendment history
From the source credit and the official notes, newest first.
- Amended by Pub. L. 116–260Parts changed in 2020: (c)(4)
- Amended by Pub. L. 116–94Parts changed in 2019: (c)(4)
- Amended by Pub. L. 115–141Parts changed in 2018: (c)(4) (d)(3)(A)(ii)(II) (d)(8) (i)(1)(A)
- Amended by Pub. L. 114–113Parts changed in 2015: (c)(4) (d)(1)(J) (d)(15)
- Amended by Pub. L. 113–295Parts changed in 2014: (c)(4)
- Amended by Pub. L. 112–240Parts changed in 2013: (c)(4)(B)
- Amended by Pub. L. 112–56Parts changed in 2011: (b)(3) (c)(4)(B) (d)(3)(A)(iii) (d)(13)(D)
- Amended by Pub. L. 111–312Parts changed in 2010: (c)(4)(B) (c)(5)
- Amended by Pub. L. 111–147
- Amended by Pub. L. 111–5Parts changed in 2009: (d)(14)
- Amended by Pub. L. 110–246Parts changed in 2008: (d)(1)(G) (d)(3)(A)(i) (d)(8)(A) (d)(8)(A)(ii)(I) (d)(8)(A)(ii)(II) (d)(8)(B)
- Amended by Pub. L. 110–234
- Amended by Pub. L. 110–28Parts changed in 2007: (b)(3) (c)(4)(B) (d)(1)(D) (d)(3)(A) (d)(3)(C) (d)(5) (d)(6)(B)(iii)
- Amended by Pub. L. 109–432Parts changed in 2006: (c)(4)(B) (d)(1)(I) (d)(4) (d)(8)(A)(i) (d)(10) (d)(12)(A)(ii)(II) (d)(13) (e)
- Amended by Pub. L. 108–311Parts changed in 2004: (c)(4)(B) (i)(1)(A) (i)(1)(C)
- Amended by Pub. L. 107–147Parts changed in 2002: (c)(4)(B)
- Amended by Pub. L. 106–554Parts changed in 2000: (d)(2)(B) (d)(5)(A)(ii) (d)(5)(B) (d)(7)(A)(iv) (d)(7)(C)
- Amended by Pub. L. 106–170Parts changed in 1999: (c)(4)(B) (i)(2)
- Amended by Pub. L. 105–277Parts changed in 1998: (c)(4)(B) (d)(6)(B)(i)
- Amended by Pub. L. 105–33, Pub. L. 105–34Parts changed in 1997: (a) (c)(4)(B) (d)(1)(H) (d)(2)(A) (d)(3)(A) (d)(9) (d)(10) (i)(3)
- Amended by Pub. L. 104–193Parts changed in 1996: (a) (c)(1) (c)(4) (d) (d)(9) (g) (i)(3) (j)
- Amended by Pub. L. 104–188
- Amended by Pub. L. 103–66Parts changed in 1993: (c)(4) (i)(1)(A)
- Amended by Pub. L. 102–227Parts changed in 1991: (c)(4)
- Amended by Pub. L. 101–508Parts changed in 1990: (c)(4)
- Amended by Pub. L. 101–239Parts changed in 1989: (c)(4) (d)(16)(C)
- Amended by Pub. L. 100–647Parts changed in 1988: (c)(2)(B) (c)(4) (d)(3)(B) (d)(12)(B)
- Amended by Pub. L. 100–485
- Amended by Pub. L. 100–203Parts changed in 1987: (c)(3)
- Amended by Pub. L. 99–514Parts changed in 1986: (a) (b)(3) (c)(3) (d)(12)(B) (i)(3) (k)
- Amended by Pub. L. 98–369Parts changed in 1984: (a) (b)(2) (c)(2) (c)(3) (d)(6)(B)(ii) (d)(11) (d)(12)(A)(ii) (d)(16)(A) (g) (j)
- Amended by Pub. L. 97–448Parts changed in 1983: (d)(8)(D) (d)(9)(B) (d)(11)
- Amended by Pub. L. 97–248Parts changed in 1982: (c)(3) (d)(1)(J) (d)(6)(B)(i)(II) (d)(10) (d)(12) (d)(16)
- Amended by Pub. L. 97–34Parts changed in 1981: (c)(3) (d)(1)(H) (d)(3)(A)(ii) (d)(4) (d)(7)(B) (d)(8)(A)(iv) (d)(9) (d)(11) (d)(12) (d)(14) (d)(15) (e) (f) (g) (i)
- Amended by Pub. L. 96–222Parts changed in 1980: (c)(1) (c)(2) (c)(4) (d)(1)(E) (d)(4)(A)(i) (d)(4)(B) (d)(5) (d)(8)(A) (d)(8)(D) (d)(12) (e)
- Amended by Pub. L. 95–600
- Added by Pub. L. 95–30
Where it sits in the Code
- Subtitle A Income Taxes
- Chapter 1 NORMAL TAXES AND SURTAXES
- Subchapter A Determination of Tax Liability
- Part IV CREDITS AGAINST TAX
- Subpart F Rules for Computing Work Opportunity Credit
Nearby sections
- § 51 Amount of credit
- § 51A Repealed
- § 52 Special rules
Official notes
The Law Revision Counsel's notes for this section (amendments, effective dates and related laws) are long, so they have their own page.