Withholding Taxes KATHLEEN L. MIZEJEWSKI, CPP, GBA March 22, Phone:

Constructive Payment of Wages 6-2 Wages made available to EE Without “substantial limitation or restriction” Employer makes payment and Wages become available to EE = constructive payment: Cash – Paid to EE Available at office – To Pick Up Direct deposit – EE Account Credited Mail – Check Delivered to Home 2

Social Security Numbers 6-5 SSN Verification> Internet Verification Process - Online– Social Security Number Verification Service (SSNVS) Registration required Register to use SSNVS at: Request access and activation code from BSO homepage 10 EE’s per screen (immediate results), or up to 250,000 per file submitted – results next business day. Must register first. 3

Social Security Numbers 6-6 SSN Verification> Effective September 2011, SSA stopped using a person’s gender as part of the verification process. Each SSN sent to the SSA through the SSNVS will be returned with 1 of 6 verification codes – see P Only the last 4 digits of the will be returned if the SSN matches the SSA’s database SSN is required – even if there is no withholding 4

Social Security Numbers 6-7 Name changes (Marriage, divorce) Employee should promptly complete Form SS-5 - Application for Social Security Number (New or Change) and submit to SSA. Request form by calling SSA at 800–772–1213 or download from Employer should refuse to make name change until EE provides new SS card with new name 5

Form W Employee Withholding Allowance Certificate Original, complete, valid, signed Single-zero, if no W-4 on file Before first day of work Within 10 days after decrease Effective W4-Form New EE- first payroll period ending after filing Current EE - first payroll ending 30 days after filing 6

Form W Employee Withholding Allowance Certificate Exempt if: Employee had no liability in prior year Expects no liability in current year Not Exempt if: EE can be claimed as a dependent on another person’s return Income >$950 which includes >$300 in non-wage income (e.g. interest and dividends) Exemption effective for one year only - must re-file each year - by February 15 th of next year 7

Form W Employee Withholding Allowance Certificate Invalid W-4 Altered in Any Way Strike outs or Changes to Form Additions - Written in – Not Allowed Invalid: (Must be allowances + $) Flat Dollar Amount Only Percentage Only False Info on Form – Invalidates Form 8

Form W Employee Withholding Allowance Certificate Perjury Statement – Beginning 2005 Employee Examines & Acknowledges all Information on W-4 Form is Correct: Allowances Social Security Number Exemptions Name, Address, Marital Status 9

Form W Employee Withholding Allowance Certificate Submit copy of W-4 to IRS Only upon written notice to Employer from IRS W-4’s Sent to IRS – EE Withholding: Withhold based on W-4 on file until notified by IRS IRS Lock-In-Letter will specify maximum number of exemptions employee can claim ER must give EE copy of IRS notice 10

Form W Employee Withholding Allowance Certificate Retention - 4 years after date of last return filed, using info on the W-4 Successor / Predecessor Standard procedure – Predecessor reports and continues to maintain W-4’s Alternate procedure – Successor reports and maintains W-4’s 11

Form W Employee Withholding Allowance Certificate W-4 - Electronic filing – Must meet requirement of Paper W-4 Form filing with perjury statement and signature W-4 - Also used for New Hire Reporting for Child Support With additional information such as Employer Name, Address and EIN Aids Fed and States to increase Child Support withholding 12

Form W Form W-4P - Pension Withholding Certificate for Pension or Annuity Payments – Retirees must complete Form W-4S - Sick Pay Submit for Federal Income Tax W/H From Sick Pay (Non Job Related Sick) 3 rd Party Sick Pay – No withholding unless W-4 filed by EE. Flat dollar amount only 13

Form W State Withholding Certificates More than 40 States have Withholding Tax and require withholding from wages Approximately 50% will accept Federal W-4 Form – others required their own Withholding Certificate (Table p. 6-18) 14

Federal Withholding Methods 6-18 Useful link: - free paycheck calculation – registration required Wage Bracket method Percentage method Supplemental Annualized Cumulative 15

Federal Withholding Methods Wage Bracket Method 6-18 Tables issued by IRS in Publication 15, Circular E, Employers Tax Guide Based on Employer pay period or frequency Two tables for each payroll period Married, Single Pay periods Weekly, Biweekly, Semimonthly, Monthly, Quarterly, Semiannual, Annual or Daily/Misc. 16

Federal Withholding Methods Wage Bracket Method 6-21 Daily or Miscellaneous (1) Number of days in that misc period – Not the Payroll Period (Includes Sat, Sun, Holiday) (2) Daily wage rate (Taxable Wage / # of days) (3) Daily withholding rate (Per Tables in Circular E) Multiply daily withholding rate (3) by number of days (1) and withhold from Taxable Wages 17

Federal Withholding Methods Wage Bracket Method 6-21 Payments above max table amount – use Percentage Method Payments equal to bracket amount – use next higher wage bracket More than 10 allowances : use 10 allowances column (may result in over withholding), or multiply # of allowances > 10 by value of one allowance and then subtract from EE wages 18

Federal Withholding Methods Percentage Method 6-23 Automated systems – easily programmed – use Annual More Flexible More Unusual Payroll Frequencies Quarterly, Semiannual, Annual, Daily/Misc 19

Federal Withholding Methods Percentage Method Payroll Period - One Allowance > $3,900 Weekly x 52 = 3,900 Biweekly x 26 = 3,900 Semimonthly x 24 = 3,900 Monthly x 12 = 3,900 Quarterly x 4 = 3,900 Semiannually 1, x 2 = 3,900 Annually 3, Daily or Misc

Federal Withholding Methods Percentage Method 6-23 Example using 2013 biweekly % table: Harvey’s biweekly taxable compensation is $2,300. He is married and claims 3 allowances – Ex $ x 3 = $ $2, $ = $1, $1, $ 1,006 = $ $ x 15% = $ $ $ = $

Federal Withholding Methods Alternative Methods 6-23/24 Annualized wages Calculate on annual payroll period Used by automated systems Cumulative wages – Inconsistent $$ Commissions Bonuses Employee must request in writing Same frequency for entire year 22

Federal Withholding Methods Alternative Methods 6-24/25 Average estimated wages Tipped employees Part-year employment Seasonal, unemployed Request in writing-expires at year end Term of Continuous employment 23

Federal Withholding 6-26 Supplemental Wage Payments Paid at same time as regular or any other time Supplemental Wages Include: Reported Tips, Overtime Pay, Bonuses, Back Pay, Commissions, Expense Allowance, Non Qualified Deferred Comp, Non-cash Fringe, 3 rd Party Sick Pay, Amounts under Sec. 409A (see full list on Page 6-26) 24

Federal Withholding 6-28 Supplemental Wage Payments Taxed as regular payment if Supplemental pay combined with regular wage and amounts not indicated separately Flat rate - 25% - Allowed when Amounts indicated separately (Regular pay & Supplemental Pay) Combined payment with amounts listed separately Only if Fed Tax was withheld from last regular wage payment 25

Federal Withholding Supplemental Wage Payments 6-28 Supplemental Wage Payments over $1,000,000 in one calendar year: Due to American Jobs Creation Act of 2004 (AJCA) Requires Higher income tax when Supplemental Wages are over $1 Million to one employee in one calendar year Mandatory tax rate is 39.6% on Supplemental Wages over $1 Milli on. ( % Increased in 2013 – was 35%) 26

Federal Withholding 6-27 Supplemental Wage Payments Aggregate method Use if employee has no federal tax withheld from regular wages due to # of allowances Combine supplemental and regular Calculate on total, subtract previous tax, withhold remaining If EE claims “Exempt” then Supplemental wages less than $1,000,000 should not have withholding providing YTD is not over $1,000,000 See 2008 IRS Guidelines for treating certain payments – 9 Situations(p to 6-35) 27

Federal Withholding 6-34 Pensions and Annuities W4-P – For Pension and Annuity Payment Depends on type of payment Periodic vs. non-periodic Periodic (payments made over period of one year). Indicate on W4-P: Can request no withholding on W4-P Marital status, allowances Additional amount to withhold If No W-4P - Use Married 3 allowances 28

Federal Withholding Pensions and Annuities 6-35 Non-periodic Not eligible for rollover and > $200 Withhold 10% Eligible for rollover Mandatory Withholding of 20% unless rolled to another qualified plan, IRA or §403(b) annuity Tax is withheld by plan administrator or payer 29

Federal Withholding Backup Withholding 6-39 Tax rate of 28% required on payments if: No TIN furnished (TIN = SS#, ITIN, EIN) TIN is obviously incorrect (ex. Wrong # of digits) IRS Notification that TIN is incorrect (through a “B” Notice) The payer does not receive a certification that the payee is not subject to withholding Online TIN Matching is available- payers can verify TIN’s through either Interactive (25 Tin’s) or Bulk (up to 100,000 TIN’s) Matching Systems 30

Federal Withholding Earned Income Credit 6-40 EIC is a tax credit that reduces the taxes owed by the employee. ER’s must notify EE’s earning less than $51,567 in 2013 that they may be eligible to claim EIC. Required Notice to EE’s on: 1) Copy B of Form W-2; 2) Notice 797; 3) Written statement with exact wording as Notice

Federal Withholding Earned Income Credit 6-40 Prior to 2011 – Eligible employees could obtain advance payments of a portion of the credit during the year through decreasing the federal withholding owed Advanced Earned Income Credit was repealed with the Education Jobs Act of 2010 as of January 1,2011 Form W-5 – Advanced EIC Certificate eliminated 32

Social Security and Medicare Taxes 6-41 FICA (Federal Insurance Contribution Act) - Social Security & Medicare Social Security OASI (Old Age and Survivors Insurance) DI (Disability Insurance) Medicare HI (Health Insurance) 33

Social Security and Medicare Taxes 6-41 Employee share withheld from employee wages Matching amount paid by employer Fixed rate – Same 1990 to % of wages to Social Security wage limit 1.45% of wages - No Medicare wage limit Note: No rounding on SS or Medicare 34

Social Security and Medicare Taxes – Change in SS Tax Rate: Tax Relief Unemployment Insurance Reauthorization and Job Creation Act of 2010 – TRA 2010 Employee’s rate: 4.2% Employer’s rate: 6.2% TRA 2012 : February 17, 2012 – TRA2012 – extended the the SS tax rate reduction through the end of SS Wage Base for 2012 is 113,700 35

Social Security and Medicare Taxes 6-42 Medicare Tax Increase on High Earners – Effective Medicare rate will increase from 1.45% to 2.35% on wages over $200K for single employees and wages over $250K for married employees. Over and under withholding will be reconciled on personal tax return (1040). Filing StatusThreshold Amount Married-Joint $250,000 Married-Separately 125,000 Single 200,000 Head of Hs – w/qualifying person 200,000 Qual.Widow(er) w/dep child 200,000 36

Social Security and Medicare Taxes 6-43 SS Wage Base – SS tax is applied only up to a certain wage base. For 2013 that is $113,700 EE Rate – 6.2% X 113,700 = $7, ER Rate – 6.2% X 113,700 = $7, The Wage Base for Medicare taxes was eliminated beginning January 1, 1994 with the Omnibus Budget Reconciliation Act of Prior to that SS and Medicare had a wage base and a maximum annual tax 37

Social Security and Medicare Taxes 6-46 Employees Working for more than one Employer Credit for tax withheld from employee from previous employer in current year >> NO! Wages by Common Law ER’s Can’t be Combined Predecessor / Successor employers Acquisition of all or substantially all property Employed by predecessor and successor Wages paid in next year Subject to tax rate in effect when actually paid 38

Social Security and Medicare Taxes 6-47 Subject to tax when deferred: (not when paid) Elective deferrals to §401(k) & other deferred compensation plans Non-qualified deferred compensation that is not subject to substantial risk of forfeiture Dependent Care Assistance benefits are treated as received in year when benefit costs are incurred, not when paid, for determining how much of benefits are taxable for SS and Medicare 39

Social Security and Medicare Taxes 6-47 Common Paymaster for SS & Medicare (Not WH) Related corporations-must meet one of: Controlled group - 50% stock owned by one Corporation Board of directors - 50% voting power on the other Board Concurrent officers - 50% on other Board Concurrent employees - 30% by both Corporations Concurrent employment for two or more related corporations Then Payroll responsibility - payment, tax withholding, depositing and reporting may be treated as one employer 40

Self –Employment Tax 6-48 SE Individuals Pay both Employer and Employee shares of Social Security and Medicare – Rate is 10.4% for SS Tax up to Base. For Medicare 2.9% on total wages (to total of 13.3%). Tax Determined and Paid with Personal Income Tax Return (Form 1040) 41

Social Security and Medicare Exempt Wages 6-48 All compensation is taxable unless specifically exempted under IRC: Workers compensation payments Sick / disability payments - after 6 mo. §125 flexible benefit plan contributions Qualified moving expense reimbursements Cash tips <$20 per month Wages paid after year of death See List of Additional Exempt Wages on page 6-47 &

Social Security and Medicare Exempt Employment 6-49 Employment exempt from SS and Medicare: Temporary foreign agricultural work Work by child <18 for parents Student work for school where enrolled and attending classes Work by student nurses Non-resident aliens with F, J, M, Q visas Domestic service performed if <18 years 43

Social Security and Medicare 6-50 State and Local Government Employees Prior to §218 agreement to cover under federal system 4/1/86 hired or rehired - Became covered by Medicare 7/2/91 - Became covered by Social Security and Medicare If not members of public employee retirement system or not subject to §218 agreement 44

Failure to Withhold Penalties 6-52 No tax withheld by employer: If employer can prove that employee later paid tax - employer not liable for amount not withheld Penalties for Late deposits or returns Responsible person 10 year time limit to collect taxes 45

State and Local Withholding 6-53 All but 9 States have Personal Income Taxes and require Employers to Withhold Many Localities also have Income Taxes and require Withholding Directory of State Agencies – Table

Federal Withholding QUESTIONS ????????????? 47

Thank You and Good Luck ! Kathy Miz CPP, GBA March 22, Phone: