i8844--2021-12-00

Instructions for Form 8844

Department of the Treasury
Internal Revenue Service

(Rev. December 2021)

For use with Form 8844 (Rev. March 2020)
Empowerment Zone Employment Credit
Section references are to the Internal Revenue Code
unless otherwise noted.

Future Developments

For the latest information about developments related to
Form 8844 and its instructions, such as legislation
enacted after they were published, go to IRS.gov/
Form8844.

What's New
Credit extension. The credit is extended to December
31, 2025. The Taxpayer Certainty and Disaster Tax Relief
Act of 2020 permitted the empowerment zone
designations to be extended through 2025. On May 26,
2021, all empowerment zone designations were extended
from December 31, 2020, to December 31, 2025, in
accordance with the automatic procedure in Rev. Proc.
2021-18 for a state or local government in which an
empowerment zone is located to extend the
empowerment zone designation.
Coronavirus-related employee retention credit. You
may claim an employee retention credit on an
employment tax return such as Form 941, Employer’s
QUARTERLY Federal Tax Return. Certain wages used to
figure these employment credits can’t also be used to
figure a credit on Form 8844. For more information, see
Wages, later.
Disaster-related employee retention credit. You may
claim a 2020 qualified disaster retention credit on a Form
5884-A, Employee Retention Credit for Employers
Affected by Qualified Disasters. Certain wages used to
figure that disaster-related employee retention credit can’t
also be used to figure a credit on Form 8844. See Wages,
later.

General Instructions
Purpose of Form

Use Form 8844 (Rev. March 2020) to claim the
empowerment zone employment credit. For the tax year,
the credit is 20% of the employer's qualified zone wages
(up to $15,000) paid or incurred during the calendar year
for services performed by an employee while the
employee is a qualified zone employee.
Partnerships and S corporations must file this form to
claim the credit. All others are generally not required to
complete or file this form if their only source for this credit
is a partnership, S corporation, estate, trust, or
cooperative. Instead, they can report this credit directly on
Form 3800, General Business Credit. The following
exceptions apply.

Dec 08, 2021

• You are an estate or trust and the source credit can be
allocated to beneficiaries. For more details, see the
instructions for Form 1041, Schedule K-1, box 13, code K.
• You are a cooperative and the source credit can or
must be allocated to patrons. For more details, see the
instructions for Form 1120-C, Schedule J, line 5c.

Which Revision To Use

Use the March 2020 revision of Form 8844 for tax years
beginning in 2021 or later, until a later revision is issued.
Use this December 2021 revision of the instructions for
tax years beginning in 2021 or later, until a later revision is
issued. Use prior revisions of the form and instructions for
earlier tax years. All revisions are available at IRS.gov/
Form8844.

Empowerment Zones
Urban areas. Parts of the following urban areas were
empowerment zones.
• Pulaski County, AR
• Tucson, AZ
• Fresno, CA
• Los Angeles, CA (city and county)
• Santa Ana, CA
• New Haven, CT
• Jacksonville, FL
• Miami/Dade County, FL
• Chicago, IL
• Gary/Hammond/East Chicago, IN
• Boston, MA
• Baltimore, MD
• Detroit, MI
• Minneapolis, MN
• St. Louis, MO/East St. Louis, IL
• Cumberland County, NJ
• New York, NY
• Syracuse, NY
• Yonkers, NY
• Cincinnati, OH
• Cleveland, OH
• Columbus, OH
• Oklahoma City, OK
• Philadelphia, PA/Camden, NJ
• Columbia/Sumter, SC
• Knoxville, TN
• El Paso, TX
• San Antonio, TX
• Norfolk/Portsmouth, VA
• Huntington, WV/Ironton, OH
Note. The treatment of parts of Washington, DC as an
empowerment zone ended at the end of 2011.
Rural areas. Part of the following rural areas were
empowerment zones.

Cat. No. 66393K

• Desert Communities, CA (part of Riverside County)
• Southwest Georgia United, GA (part of Crisp County

individual who owns, directly or indirectly, more than 50
percent in value of the outstanding stock of the
corporation, or, if the taxpayer is an entity other than a
corporation, to any individual who owns, directly or
indirectly, more than 50 percent of the capital and profits
interests in the entity (determined with the application of
section 267(c))
• If the taxpayer is an estate or trust, is a grantor,
beneficiary, or fiduciary of the estate or trust, or is an
individual who bears any of the relationships described in
subparagraphs (A) through (G) of section 152(d)(2) to a
grantor, beneficiary, or fiduciary of the estate or trust or
• Is a dependent (described in section 152(d)(2)(H)) of
the taxpayer, or, if the taxpayer is a corporation, of an
individual described in subparagraph (A), or, if the
taxpayer is an estate or trust, of a grantor, beneficiary, or
fiduciary of the estate or trust.

and all of Dooly County)
• Southernmost Illinois Delta, IL (parts of Alexander and
Johnson Counties and all of Pulaski County)
• Kentucky Highlands, KY (part of Wayne County and all
of Clinton and Jackson Counties)
• Aroostook County, ME (part of Aroostook County)
• Mid-Delta, MS (parts of Bolivar, Holmes, Humphreys,
Leflore, Sunflower, and Washington Counties)
• Griggs-Steele, ND (part of Griggs County and all of
Steele County)
• Oglala Sioux Tribe, SD (parts of Jackson and Bennett
Counties and all of Shannon County)
• Middle Rio Grande FUTURO Communities, TX (parts of
Dimmit, Maverick, Uvalde, and Zavala Counties)
• Rio Grande Valley, TX (parts of Cameron, Hidalgo,
Starr, and Willacy Counties)

Early termination of employee. Generally, an individual
is not a qualified zone employee unless employed for at
least 90 days. The 90-day requirement does not apply in
the following situations.
• The employee is terminated because of misconduct as
determined under the applicable state unemployment
compensation law.
• The employee becomes disabled before the 90th day.
However, if the disability ends before the 90th day, the
employer must offer to reemploy the former employee.
An employee is not treated as terminated if the
corporate employer is acquired by another corporation
under section 381(a) and the employee continues to be
employed by the acquiring corporation. Nor is a mere
change in the form of conducting the trade or business
treated as a termination if the employee continues to be
employed in such trade or business and the taxpayer
retains a substantial interest therein.

Qualified zone employee. A qualified zone employee is
any employee (full-time or part-time) of the employer who:
• Performs substantially all of the services for that
employer within an empowerment zone in the employer’s
trade or business, and
• Has his or her principal residence within that
empowerment zone while performing those services.
See Qualified Zone Employees below for a list of
persons who are not qualified employees.

Qualified Zone Employees

Any person may be a qualified employee except the
following.
• A 5 percent owner: If the employer is a corporation, any
person who owns (or is considered to own under section
318) more than 5% of the outstanding or voting stock of
the employer or, if not a corporate employer, more than
5% of the capital or profits interest in the employer. See
section 416(i)(1)(B) for details.
• Any individual employed by the employer for less than
90 days. For exceptions, see Early termination of
employee, later.
• Any individual employed by the employer at any private
or commercial golf course, country club, massage parlor,
hot tub facility, suntan facility, racetrack or other facility
used for gambling, or any store the principal business of
which is the sale of alcoholic beverages for consumption
off premises.
• Any individual employed by the employer in a trade or
business of which the principal activity is farming (see
Note below), but only if at the close of the tax year the
sum of the following amounts exceeds $500,000.
1. The larger of the unadjusted bases or fair market
value of the farm assets owned by the employer.
2. The value of the farm assets leased by the
employer.

Wages

Wages are defined in section 51(c) and are generally
wages (excluding tips) subject to the Federal
Unemployment Tax Act (FUTA), without regard to the
FUTA dollar limitation. The following are also treated as
wages.
• Amounts paid or incurred by the employer as
educational assistance payments excludable from the
employee’s gross income under section 127. However,
this does not apply if the employee has a relationship to
the employer described in section 267(b) or 707(b)(1)
(substituting “10%” for “50%” in those sections) or the
employer and employee are engaged in trades or
businesses under common control (within the meaning of
sections 52(a) and (b)).
• Amounts paid or incurred by the employer on behalf of
an employee under age 19 for a youth training program
operated by that employer in conjunction with local
education officials.

Note. Certain farming activities are described in section
2032A(e)(5)(A) or (B).
No wages shall be taken into account with respect to
an individual who
• Bears any of the relationships described in
subparagraphs (A) through (G) of section 152(d)(2) to the
taxpayer, or, if the taxpayer is a corporation, to an

Qualified empowerment zone wages do not include:

• Wages paid after June 30, 2021, and before January 1,

2022, and used to figure the credit for employer
differential wage payments can't also be used to figure a
coronavirus-related employee retention credit.
• Wages paid to or incurred for any employee after
December 31, 2020, and before July 1, 2021, if you use
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Instructions for Form 8844 ( December 2021)

• Schedule K-1 (Form 1065), Partner’s Share of Income,
Deductions, Credits, etc., box 15 (code L);
• Schedule K-1 (Form 1120-S), Shareholder’s Share of
Income, Deductions, Credits, etc., box 13 (code L);
• Schedule K-1 (Form 1041), Beneficiary’s Share of
Income, Deductions, Credits, etc., box 13 (code K); and
• Form 1099-PATR, Taxable Distributions Received
From Cooperatives, box 12, or other notice of credit
allocation.

the same wages to claim the employee retention credit on
an employment tax return such as Form 941, Employer’s
QUARTERLY Federal Tax Return; and
• Wages paid to or incurred for any employee generally
after December 27, 2019, and before April 17, 2021, if you
use the same wages to claim the 2020 qualified disaster
employee retention credit on Form 5884-A, Employee
Retention Credit for Employers Affected by Qualified
Disasters.
Information about any future disaster credits that affect
qualified wages may be posted under “Recent
Developments” at IRS.gov/Form8844.

Partnerships and S corporations must report the above
credits on line 3. Also, estates and trusts that can allocate
the above credits to beneficiaries and cooperatives that
can allocate the above credits to patrons must report
these credits on line 3. All other filers figuring a separate
credit on earlier lines must report the above credits on
line 3. All others not using earlier lines to figure a separate
credit can report the above credits directly on Form 3800,
Part III, line 3.

Specific Instructions
Line 1—Qualified Zone Wages

Enter the total qualified zone wages paid or incurred
during the calendar year. The credit must be figured using
only the wages that you paid or incurred in the calendar
year that ended with or within your tax year. For example,
if your tax year began on April 1, 2020, and ended on
March 31, 2021, you must figure wages based on the
calendar year that began on January 1, 2021, and ended
on December 31, 2021. Wages paid after the end of the
calendar year may be used only to figure the credit
claimed on the following year’s tax return.
Qualified zone wages are qualified wages paid or
incurred by an employer for services performed by an
employee while the employee is a qualified zone
employee (defined earlier). The maximum wages that may
be taken into account for each employee is limited to
$15,000. The $15,000 amount for any employee is
reduced by the amount of wages paid or incurred during
the calendar year on behalf of that employee that are used
in figuring the work opportunity credit (Form 5884).

Line 5
Cooperatives. A cooperative described in section
1381(a) must allocate to its patrons the credit in excess of
its tax liability limit. Therefore, to figure the unused amount
of the credit allocated to patrons, the cooperative must
first figure its tax liability. While any excess is allocated to
patrons, any credit recapture applies as if the cooperative
had claimed the entire credit.
If the cooperative is subject to the passive activity rules,
include on line 3 any empowerment zone and renewal
community employment credits from passive activities
disallowed for prior years and carried forward to this year.
Complete Form 8810, Corporate Passive Activity Loss
and Credit Limitations, to determine the allowed credit that
must be allocated between the cooperative and the
patrons. For details, see the Instructions for Form 8810.

Line 2

Estates and trusts. Allocate the empowerment zone
employment credit on line 4 between the estate or trust
and the beneficiaries in the same proportion as income
was allocated and enter the beneficiaries' share on line 5.
If the estate or trust is subject to the passive activity rules,
include on line 3 any empowerment zone and renewal
community employment credits from passive activities
disallowed for prior years and carried forward to this year.
Complete Form 8582-CR, Passive Activity Credit
Limitations, to determine the allowed credit that must be
allocated between the estate or trust and the
beneficiaries. For details, see the Instructions for Form
8582-CR.

In general, you must reduce your deduction for salaries
and wages and certain educational and training costs by
the line 2 credit amount. You must make this reduction
even if you cannot take the full credit this year because of
the tax liability limit. If you capitalized any costs on which
you figured the credit, reduce the amount capitalized by
the amount of the credit attributable to these costs.
Members of a controlled group of corporations and
businesses under common control are treated as a single
employer in determining the credit. The members share
the credit in the same proportion that they paid or incurred
qualifying zone wages.

Line 3

Enter total empowerment zone employment credits from:
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the
United States. You are required to give us the information. We need it to ensure that you are complying with these laws
and to allow us to figure and collect the right amount of tax.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be
retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax
returns and return information are confidential, as required by section 6103.

Instructions for Form 8844 ( December 2021)

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h

The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden
for individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123
and is included in the estimates shown in the instructions for their individual and business income tax return. The
estimated burden for all other taxpayers who file this form is shown below.
Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Learning about the law or the form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Preparing and sending the form to the IRS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 hr., 4 min.
2 hr., 22 min.
2 hr., 33 min.

If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler,
we would be happy to hear from you. See the instructions for the tax return with which this form is filed.

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Instructions for Form 8844 ( December 2021)