Section 19853 Of Part 10.3. Earned Income Tax Credit Information Act From California Revenue And Taxation Code >> Division 2. >> Part 10.3.
19853
. (a) An employer shall notify all employees that they may be
eligible for the EITC within one week before or after, or at the same
time, that the employer provides an annual wage summary, including,
but not limited to, a Form W-2 or a Form 1099, to any employee.
(b) The state departments and agencies that serve those who may
qualify for the EITC, as defined in subdivision (d) of Section 19852,
shall notify their program recipients that they may be eligible for
the EITC, at least once a year during the months of January through
April, or alternatively, shall provide this annual notification
during a regularly scheduled contact with a recipient by telephone,
mail, or electronic communication, or by an in-person communication.
State departments or agencies that do not directly communicate with
persons or households with persons who may qualify for the EITC may
communicate indirectly through agencies, districts, or regulated
entities that serve eligible persons or households with eligible
persons. Departments, agencies, and programs are encouraged to
develop the most effective method to provide notice to recipients of
EITC eligibility, as long as the notice contains substantially the
same language as the notice described in Section 19854.
(c) The employer shall provide the notification required by
subdivision (a) by handing directly to the employee or mailing to the
employee's last known address either of the following:
(1) Instructions on how to obtain any notices available from the
Internal Revenue Service for this purpose, including, but not limited
to, the IRS Notice 797 and Form W-5, or any successor notice or
form.
(2) Any notice created by the employer, as long as it contains
substantially the same language as the notice described in paragraph
(1) or in Section 19854.
(d) The employer shall not satisfy the notification required by
subdivision (a) by posting a notice on an employee bulletin board or
sending it through office mail. However, these methods of
notification are encouraged to help inform all employees of the EITC.
(e) Every employer shall process, in accordance with federal law,
Form W-5 for advance payments of the EITC, upon the request of the
employee.