N-2018-71: Employer credit for paid family and medical leave

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IRS GuideWire September 24, 2018

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Issue Number:    N-2018-71

Inside This Issue


Notice 2018-71 provides guidance on the employer credit for paid family and medical leave under Code section 45S. The credit may be claimed by eligible employers and is equal to a percentage of wages paid to qualifying employees while they are on family and medical leave. The credit generally is effective only for wages paid in taxable years of the employer beginning after December 31, 2017, and before January 1, 2020. The notice provides guidance on issues arising under section 45S, including the requirements an employer must satisfy to be an eligible employer, the types of leave that are family and medical leave under section 45S, the minimum paid leave requirements, the calculation of the credit, and the impact of state-mandated leave on the availability and calculation of the credit.

Notice 2018-71 will be in IRB 2018-41, dated October 9, 2018.

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