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Covered CA

In the small business tax credit example on slide 49 of tab 1 in the training manual, why is the tax credit 12% in 2013 and 17% in 2014 for the restaurant with 40 part-time employees?

The maximum tax credit in 2013 is 35% and the maximum tax credit in 2014 is 50%. Employers with 10 or fewer full-time equivalents (FTEs) with average wages of $25,000 or less are eligible for the maximum tax credit.  The tax credit is subject to a reduction if the employer’s FTEs exceed 10 or average annual FTE wages exceed $25,000.