Mastering Payroll American Institute of Professional Bookkeepers © 2015 American Institute of Professional Bookkeepers Mastering Payroll Overview of Payroll Taxes Amounts paid to workers may be subject to the following withholdings and taxes: Federal income tax withheld (FITW) State income tax withheld (SITW) and local income tax withheld Employment taxes (e.g., Social Security, Medicare) Unemployment insurance taxes State disability insurance (SDI) Depending on how a worker is classified, employers may be responsible for withholding and depositing these taxes—and for paying employer payroll taxes Mastering Payroll Overview of Payroll Taxes Some payroll taxes are employee paid, such as: FITW and SITW, which are withheld from wages Employee FICA tax, which consists of: Social Security (OASDI) tax—6.2% of the employee’s first $118,500 of wages paid in 2015 Medicare (HI) tax, 1.45% of all the worker’s wages —plus an additional 0.9% of wages over $200,000 Other taxes are employer paid, such as: Employer FICA—OASDI of 6.2%, HI of 1.45% Federal unemployment insurance (FUTA), state unemployment insurance (SUI) and SDI Mastering Payroll Types of Workers Common-law employees Passed the “common-law” test so they are treated as employees Statutory employees Subject to FICA and FIT, but no FIT is withheld Statutory nonemployees These workers are not employees Independent contractors These workers are not employees “Temps” from an agency Employees of the temp agency —not the client firm Leased employees Employees of leasing agency —not the client firm Mastering Payroll Common-Law Employees A worker is a common-law employee if the employer controls: who performs the work what work will be done how the work will be done when the work will be done where the work will be done When unsure about a worker’s classification, file IRS Form SS-8 with the IRS. The IRS will classify the worker based on how the employer answers the questions on the SS-8 Mastering Payroll Common-Law Employees Common-law employees are workers for whom you must: withhold FIT (and SIT) and employee FICA on wages and other payments provide an annual W-2 showing taxable wages paid and taxes withheld pay employer FICA and other employment taxes (e.g., FUTA, SUI, sometimes SDI) periodically remit to the IRS and other agencies both withheld employee taxes and employer taxes Mastering Payroll Statutory Employees Statutory employees are: drivers who are the employer’s agent or are paid commissions full-time life insurance sales agents working primarily for one insurance carrier certain home workers full-time traveling or in-city salespersons Statutory employee wages: subject to FICA and FUTA (but not FITW)—and possibly to SITW, SUI and SDI, but this varies by state Mastering Payroll Statutory Nonemployees Statutory nonemployees are: direct sellers (e.g., those who deliver and distribute newspapers or shopping news or sell consumer products in the home) licensed real estate agents companion sitters Statutory nonemployee taxes: Exempt from FUTA, FITW and FICA Statutory nonemployees pay all their own FIT and FICA taxes, and are not subject to FUTA Who is responsible for paying SUI varies by state Mastering Payroll Independent Contractors (ICs) Independent contractors (ICs) are workers who: control the methods and means of their work perform services that are not integral to the trade or business of the company using them do not have FIT, SIT or FICA withheld, nor do FUTA or SUI apply—but if an IC fails to provide a taxpayer identification number (TIN) or SSN, backup FIT and possibly SIT must be withheld have payments to them reported on Form 1099-MISC (not on a W-2) and are responsible for all of their FIT and FICA taxes Mastering Payroll Temporary Help Agency Referrals Temps are workers who: are employed by a temp agency and work at the client company on a temporary basis do not have FIT or FICA withheld by the client company (because they are the agency’s employees) are the temp agency’s employees—if the agency fails to pay employment taxes, the client firm may be responsible for these taxes Mastering Payroll Leased Employees Leased employees: are employed by a leasing agency and work at the client company, which can hire or terminate them as it sees fit do not have FIT or FICA withheld by the client company (because they are the agency’s employees) are considered the leasing agency’s employees —if the agency fails to pay employment taxes, the client may be responsible for them unless the leasing agency is certified with the IRS Mastering Payroll Federal Wage-Hour Law Employers covered by the Fair Labor Standards Act of 1938 (FLSA) must pay a minimum hourly wage and any overtime pay to employees covered by FLSA. The FLSA defines those hours of work for which employees must be paid. The “Enterprise Test” determines which businesses are covered by, or exempt from FLSA. Virtually all employers are covered. Exception: “Mom and Pop” shops are not subject to the enterprise test. If they hire only the owners’ children, these employers are exempt from FLSA. Mastering Payroll Which Firms Are Covered by FLSA? Employers covered by FLSA include: Businesses started on or after March 31, 1990 that have gross annual sales of at least $500,000 Dry cleaners and construction companies that started before April 1, 1990 Retailers started before April 1, 1990 that have annual gross sales of at least $362,500 Nonretail businesses started before April 1, 1990, that have gross annual sales of at least $250,000 Schools, hospitals and nursing homes Business engaged in interstate commerce Mastering Payroll The Federal Minimum Wage The federal minimum wage changes periodically As of July 24, 2009, the minimum wage is $7.25/hour Tipped employees have a lower federal minimum wage —but their total earnings must average at least the minimum wage The formula: $2.13/hour tipped employee minimum wage + tips = federal minimum wage, or the employer must make up the difference Under federal law an employee may not be docked an amount that reduces the employee’s wages for the workweek below the federal minimum wage Mastering Payroll Tipped Employee Wages Example: Darla, a waitress, earns $2.13 an hour plus tips. In March 2015, Darla works 35 hours one week and earns $280: $74.55 wages ($2.13 × 35) + $205.45 in tips Darla’s hourly pay: $280/35 = $8.00 $8 is more than the federal minimum wage of $7.25, so no additional pay is required. Darla’s employer can pay her $74.55 ($2.13 × 35 hours) for the week. Mastering Payroll Tipped Employee Wages: Example Example: One week in May 2015, Darla works 40 hours and earns $240: $85.20 wages ($2.13 × 40) + $154.80 tips = $240 The required federal minimum wage is $7.25: 40 hours x $7.25 = $290 minimum pay for the week Darla’s employer must make up the $50 difference: $290 minimum pay for the week – $240 received = $50 still owed to Darla by her employer Mastering Payroll Federal Minimum Wage Exemptions In addition to tipped employees, others exempt from the minimum wage include: Outside salespersons Employees under age 20 paid at least $4.25/hr. (applies only to the first 90 days of employment) —provided that they do not displace or reduce the work hours of employees paid regular wages Employees exempt by special certificate Children employed by their parents in a mom and pop shop Mastering Payroll State Laws Wage-hour rules covered by state law include: Frequency of wage payments When a terminating employee must be paid Method of payment (cash, check, debit card, EFT, etc.) Rules for unclaimed wages: escheat law requires employers to remit unclaimed wages to the state after a specified time period When federal v. state laws conflict, generally the one most favorable to the employee applies Mastering Payroll Federal v. State Law Example: Jose works in a state with no minimum wage. For the first week in February 2015, he works 40 hours. What is the minimum he must be paid for the week? $290 ($7.25 × 40 hours) Federal minimum wage Mastering Payroll Federal v. State Law Example: Dan works in a state which has a minimum wage of $8.00 an hour. For one week in January 2015, Dan works 40 hours. What is the minimum he must be paid for the week? $320 ($8.00 × 40 hours) The greater of $7.25 or $8 an hour Mastering Payroll Federal v. State Law Example: Ming works in a state whose minimum wage is $5.15. For one week in March 2015, Ming works 30 hours. What is the minimum she must be paid for the week? $217.50 ($7.25 × 30 hours) The greater of $7.25 v. $5.15 an hour Federal minimum wage as of July 24, 2009 Mastering Payroll What Activities Count as “Work”? Federal law specifies the following as activities for which employees must be paid: Time spent putting on or taking off clothing required by the employer Time required to be on call either near the workplace or on the premises Travel time during the employee’s normally scheduled work hours Mastering Payroll Travel Time Employees must be paid for hours of travel: from one worksite to another during normal working hours to a worksite that is a significant distance from the employee’s normal worksite Employees need not be paid for time commuting to and from work—unless: the employee is on 24-hour call and takes a company vehicle home to be able to respond to emergency calls after finishing a normal shift, is called back to work at a job site other than the employee’s normal job site Mastering Payroll Travel Time Employees must be paid travel time for overnight trips—but only for those hours of travel that are during the employee’s normal working hours The day of the week is irrelevant—what matters is whether the hours of travel coincide with the employee’s regularly scheduled hours Example: Tyree normally works 9-5, M-F. If he travels on Monday from 6-8 p.m., he need not be paid for the travel time—but if he travels on any day from 1-3 p.m. he is due 2 hours’ pay. Mastering Payroll Travel Time Example: Jan normally works 8 a.m. – 5 p.m., M - F. To attend a seminar, she leaves home for the airport Monday at 12 p.m. and arrives at her hotel in another city at 8 p.m. How many travel hours must Jan be paid for? Jan’s normal work hours are 8 a.m. – 5 p.m. She must be paid for travel time during these hours, which was 12 – 5 p.m. She does not have to be paid for her travel time between 5 p.m. and 8 p.m. Mastering Payroll Travel Time Example: Chen normally works 7 a.m. - 4 p.m., M-F. He leaves home on a business trip Sunday at 5 a.m. arriving at the hotel at 11 a.m. The following Saturday, he leaves the hotel at 1 p.m. arriving home at 6 p.m. How many travel hours must Chen be paid for Sunday? for Saturday? Sunday paid travel hours: 7 - 11 a.m. = 4 hours during Chen’s normal work hours, 7 a.m. - 4 p.m. Saturday paid travel: 1 p.m. - 4 p.m. = 3 hours during Chen’s normal work hours, 7 a.m. - 4 p.m. Mastering Payroll Premium Pay for Overtime (OT) FLSA requires at least 1½ times employees’ regular hourly pay rate for each hour actually worked over 40 hours for the workweek A workweek is defined as 7 consecutive days or 168 consecutive hours—but need not be Monday - Sunday as long as the employer uses the same 7 days consistently Excludable: Vacation, holiday or sick pay are not hours actually worked. Paid commuting time to and from work are not hours actually worked. Prohibited: Applying one workweek’s overtime hours to another workweek to avoid paying OT. Exception: Health care and public sector employees. Mastering Payroll Premium Pay for Overtime (OT) How is a salaried employee’s regular hourly rate of pay calculated? Annual pay ÷ regular hours worked per year Monthly pay ÷ regular hours worked per month Weekly pay ÷ regular hours worked per week Biweekly pay ÷ regular hours worked per biweekly period Mastering Payroll Premium Pay for Overtime (OT) Example: Serge’s son is getting married, so he arranges to work at the factory 48 hours this week and take off one day next week. His regular hourly pay rate is $24. How much must he be paid for this week? for next week? Serge’s OT pay rate: $24 × 1.5 = $36 Week 1: (40 hrs × $24) + (8 hrs × $36) = $1,248 Serge must be paid 8 hours of OT for this week Week 2: 32 hrs × $24 = $768 Serge’s employer may not apply the extra 8 hours in Week 1 to Week 2 to avoid OT pay in Week 1 Mastering Payroll Premium Pay for Overtime (OT) Example: Marina’s workweek is Monday - Friday. She is out sick Monday and Tuesday, but is given 16 hours sick pay for the time. To make up for this time, Marina works 36 hours, Wednesday-Friday. If Marina’s hourly pay rate is $20, how much must she be paid this week? $20 × 52 hrs (16 sick pay + 36 worked) = $1,040 The 16 hours sick pay are not hours actually worked, so they need not be included to determine if Marina is entitled to OT pay. Mastering Payroll Premium Pay for Overtime (OT) Example: Jo is paid $500 for a 40-hour workweek. This week, Jo works 50 hours. What is Jo’s OT pay rate? What is her total pay for the week? $500 × 52 weeks = $26,000 per year $26,000 ÷ 2,080 hrs (40 hrs × 52 wks) = $12.50/hr $12.50 × 1.5 premium rate = $18.75 OT hourly rate $500 (40 hr week) + $187.50 OT pay (10 hrs × $18.75) = $687.50 Jo’s pay for the week Mastering Payroll Premium Pay for Overtime (OT) Example: James is paid $1,200 for a 32-hour workweek. This week, James works 42 hours. What is James’s OT pay rate? What is his total pay for the week? $1,200 × 52 weeks = $62,400 per year $62,400 ÷ 1,664 hrs (32 hrs × 52 wks) = $37.50/hr $37.50 × 1.5 premium rate = $56.25 OT hourly rate $1,200 (32 hrs × $37.50) + $300 (8 hrs x $37.50) + $112.50 (2 hrs × $56.25) = $1,612.50 total pay Mastering Payroll Premium Pay for Overtime (OT) The following employees are exempt from OT (unless more employee-favorable state laws apply): Executives paid at least $455 a week Administrative personnel paid at least $455 a week Persons actively responsible for establishing and enforcing company policy and general business operations Professionals who do advanced work in science or learning and earn at least $455 a week. Includes computer systems professionals earning at least $27.63 an hour. Outside salespersons—persons regularly and normally working away from the employer’s place of business to make sales calls Mastering Payroll Hiring Employees Employers must obtain from new hires: A Social Security number (SSN) Those without an SSN must obtain one by completing Form SS-5, Application for New Social Security Card Form W-4, Employee Withholding Allowance Certificate Provides data that employers use to determine how much FIT to withhold SIT withholding allowance certificate (if required) Age certificate (from those within 2 years of the legal age they are allowed to work) State tax exemption certificate—e.g., when your state has reciprocal agreements with neighboring states Mastering Payroll Form I-9 An I-9 is completed as follows: Section 1. Completed by the employee Employee provides name, address, DOB, SSN, and signs an oath that he or she is legally able to work in the U.S. Section 2. Reviewed and signed by employer after viewing and recording documents that substantiate the employee’s identity and authorization to work in the U.S. To verify, examine just one document from List A —or one each from Lists B and C Mastering Payroll Form I-9 List A. Acceptable documents include: U.S. passport (expired or unexpired) Certain unexpired foreign passports Permanent resident card Alien registration receipt card Employers need examine only one document from this list to verify both the employee’s identity and eligibility to work in the U.S. Mastering Payroll Form I-9 If a document from List A is not presented, employers must use one document each from Lists B and C List B. Acceptable documents include: Driver’s license with photo School ID card with photograph Voter registration card with photo U.S. military card or draft record List C. Acceptable documents include: U.S. Social Security Card Birth certificate U.S. citizen identification card Mastering Payroll Form W-4 All employees must complete Form W-4, Federal Withholding Allowance Certificate. The W-4 provides an employer with the data needed to withhold FIT from that employee’s pay Prohibited: Employers cannot withhold a flat dollar amount or flat percentage of pay Permitted: Employees can ask to have an additional flat dollar amount of FIT withheld Until a W-4 is submitted, an employer must withhold FIT as if the employee is single with zero allowances Mastering Payroll Form W-4 Employers should not accept a W-4 that: is incomplete is altered by additions or deletions contains information that the employer knows to be false Employers should refrain from giving tax advice on employee withholding. Explain what data is needed but do not make suggestions—e.g., how many exemptions to take. Refer employees to IRS Publication 505 on the IRS website. Mastering Payroll Form W-4 If an employee wants to change the number of withholding allowances, require a new W4 Employers must implement a W-4 by the start of the first payroll period ending on or after the 30th day from the date that a W-4 is submitted Employers are not required to submit W-4 copies to the IRS unless the IRS asks for one Mastering Payroll Form W-4 An employee may claim exempt from withholding —write “exempt” on Line 7—only if that employee: had no tax liability the previous year, and expects to have no tax liability in the current year An employee who claims exempt must file a new W-4 each year by February 15 (if this is a weekend or federal legal holiday, by the next business day) Mastering Payroll FICA Taxes FICA tax consists of Social Security and Medicare taxes. The 2015 rates are: Social Security tax—6.2% is withheld from the first $118,500 of an employee’s wages to a maximum $7,347.00 Medicare tax—1.45% is withheld on all wages (no limit) plus .9% of wages above $200,000 The employer matches some FICA taxes: Social Security tax—the employer pays 6.2% of the first $118,500 of the employee’s wages to a maximum $7,347.00 Medicare tax—the employer pays 1.45% of wages (no limit) but not the additional .9% of wages above $200,000 Mastering Payroll FICA Taxes Examples of employees exempt from FICA tax: Children, foster children and stepchildren under age 18 employed by sole proprietorships 100% owned by their parents Children, foster children and stepchildren under age 18 employed by a partnership 100% owned by the parents Children under age 21 doing domestic work in their parents’ home Parents employed by their children for domestic work Mastering Payroll Federal Income Tax Withheld (FITW) Factors used to determine FITW: Employer pay period (weekly, biweekly, etc.) Employee marital status on the W-4 Employee personal allowances on the W-4 Employee federal taxable wages for the period Supplemental wages (e.g., bonuses) Find the correct amount of FITW for a paycheck using IRS withholding tables in IRS Publication 15, Circular E, Employer’s Tax Guide. Mastering Payroll Form 941 Tax Deposits FITW + FICA are known as “941 taxes” because they are reported on Form 941, Employer’s Quarterly Federal Tax Return. The 941 shows the employer’s accumulated FITW + FICA withheld + employer FICA for the quarter When a pay period spans two quarters, report the liabilities for each quarter separately 941 taxes not yet paid are “941 liabilities” Mastering Payroll Form 941 Tax Deposits When to pay Form 941 taxes: 941 liability under $2,500 for the quarter: Remit FITW and FICA taxes with that quarter’s 941 941 liability under $1,000 for the year: The employer may have the option of filing and paying FITW and FICA annually Mastering Payroll Form 941 Tax Deposits 941 liabilities must be deposited electronically using the IRS’s Electronic Federal Tax Payment System (EFTPS) Exception: An employer with 941 liabilities under $2,500 may pay the tax owed by check, credit or debit card, or electronic funds withdrawal (EFW) Mastering Payroll The Lookback Period for 941 Taxes The lookback period is the 12-month period ending on June 30 of the prior year Example: The lookback period for depositing 941 taxes in 2015 is July 1, 2013–June 30, 2014 At the end of each calendar year, a monthly depositor uses the lookback period to determine its deposit status for next year Employers with up to $50,000 in accumulated 941 taxes for the lookback period are monthly depositors Employers with over $50,000 in accumulated 941 taxes for the lookback period become semiweekly depositors Mastering Payroll Form 941 Tax Deposits Due dates for depositing 941 liabilities A new employer is a monthly depositor through the end of the first calendar year— with few exceptions An employer automatically becomes a semiweekly depositor if it reaches a liability of: over $100,000 at any time during the calendar year, or $50,000 for the lookback period Mastering Payroll How Monthly Depositors Remit Taxes Monthly depositors must remit 941 taxes: by the 15th of the month following the month in which the liability is incurred by the next business day if the 15th falls on a weekend or federal legal holiday Mastering Payroll IRS Monthly Deposit Schedule Month Deposit Due Date January February 15 February March 15 March April 15 April May 15 May June 15 June July 15 July August 15 August September 15 September October 15 October November 15 November December 15 December January 15 Mastering Payroll Monthly Depositors: Example Example: Diaz Corporation is a monthly depositor. For March, Diaz’s’ s accumulated FITW and FICA tax liability is $3,500. When must Diaz remit its 941 taxes to the IRS? Mastering Payroll IRS Monthly Deposit Schedule Month Deposit Due Date January February 15 February March 15 March April 15 April May 15 May June 15 June July 15 July August 15 August September 15 September October 15 October November 15 November December 15 December January 15 Mastering Payroll Monthly Depositors: Example Example: Diaz Corporation is a monthly depositor. For March, Diaz’s’ s accumulated FITW and FICA tax liability is $3,500. When must Diaz remit its 941 taxes to the IRS? Diaz must remit this 941 tax liability to the IRS: By April 15, using EFTPS If April 15 is on a weekend or federal legal holiday, Diaz has until the next business day to make the deposit Mastering Payroll How Semiweekly Depositors Remit Taxes Employers with accumulated 941 tax liabilities over $50,000 for the lookback period remit payment using the Wednesday/Friday rule The due date is extended one business day if a federal legal holiday falls on any day between payday and the Wednesday/Friday deposit date Mastering Payroll The Wednesday/Friday Rule Payday falls on Monday Tuesday Wednesday Thursday Friday Saturday Deposit due date The next Friday The next Friday The next Wednesday The next Wednesday The next Wednesday The next Friday Mastering Payroll Semiweekly Depositors Example: Watson Co., a semiweekly depositor, pays its employees on the 15th and last day of the month. May 15 is a Tuesday. When must Watson remit its 941 taxes to the IRS? Mastering Payroll Semiweekly Depositors Payday Falls on: Monday Tuesday Wednesday Thursday Friday Saturday Sunday Deposit Due Date That Friday That Friday Next Wednesday Next Wednesday Next Wednesday Next Friday Next Friday Mastering Payroll Semiweekly Depositors: Example Example: Watson Co., a semiweekly depositor, pays its employees on the 15th and last day of the month. May 15, is a Tuesday. Watson must remit its 941 taxes to the IRS: that Friday, May 18 If the taxes were due on a federal legal holiday that fell on any day from May 16–18, the taxes would be due on the next business day, Monday, May 21 Mastering Payroll Semiweekly Depositors: Example Example: Watson Co.’s payday falls on May 31, a Thursday. When must Watson remit its 941 taxes to the IRS? Mastering Payroll Semiweekly Depositors Payday Falls on: Monday Tuesday Wednesday Thursday Friday Saturday Deposit Due Date The next Friday The next Friday The next Wednesday The next Wednesday The next Wednesday The next Friday Mastering Payroll Semiweekly Depositors Example: Watson Co.’s payday falls on May 31, a Thursday. When must Watson remit its 941 taxes to the IRS? Because May 31 is a Thursday, Watson must remits it 941 taxes by the following Wednesday, June 6 If any day from June 1–6 is a federal legal holiday, Watson has until the next business day, Thursday, June 7 to make the deposit Mastering Payroll Form 941 Deposit Shortfalls Monthly depositors remit a shortfall with their next 941 Semiweekly depositors remit a shortfall by the earlier of: the Wednesday or Friday that falls after the 15 th of the month following the month of the shortfall the 941 due date There are no penalties or interest if the shortfall does not exceed the greater of $100 or 2% of the liability, and the shortfall is deposited in a timely manner Mastering Payroll Shortfalls: Monthly Depositors On May 5, monthly depositor FreeCo discovers that its June 941 taxes deposited July 15 were short $95. FreeCo can avoid penalties and interest by paying the $95 by July 31, the due date of its second quarter 941. Caution: The IRS discourages casual use of the shortfall procedure—it is designed for unusual cases where estimates are required and for the occasional error. Mastering Payroll Shortfalls: Semiweekly Depositors Semiweekly depositor, Redeye, Inc. discovers its 941 deposit for the period ending Friday, May 22, was short by $178— 1.75% of its 941 liability for the period. Because the shortfall is less than 2% of Redeye’s 941 liabilities for the period, it can avoid penalties by depositing $178 by the first Wednesday or Friday after June 15 (the 15th of the month following the month of the shortfall). Mastering Payroll The One-Business-Day Deposit Rule An employer that incurs a 941 liability of $100,000 at any time must remit its 941 taxes within one business day of reaching $100,000 Once the one-business-day deposit rule is triggered, that employer: becomes a semiweekly depositor for the remainder of the year and remains a semiweekly depositor in the following calendar year Mastering Payroll Form 941 Recap To review: Form 941, Employer’s Quarterly Federal Tax Return, reconciles wages paid and employment taxes withheld/owed with the amount of tax deposited for the quarter Each quarter’s 941 is filed at the end of the month following the end of the quarter. For example, the first quarter ends March 31, so the first-quarter 941 is filed April 30 If deposits are timely made and for the full amount, due date is extended 10 business days Mastering Payroll Quarterly Employment Tax Periods Quarter Ending: March 31 June 30 September 30 December 31 Filing and Deposit Due Date April 30 July 31 October 31 January 31 Mastering Payroll FUTA Tax and Form 940 FUTA (Federal Unemployment Tax Act) tax is paid by the employer—not employees—to fund state unemployment benefit programs Generally, an employer pays FUTA tax if it: pays wages of at least $1,500 in a calendar quarter or employs at least one person for some part of any day in 20 weeks during the current or previous year All states impose a similar SUI tax on wages Mastering Payroll FUTA Tax and Form 940 The FUTA tax rate for 2015 is 6.0% of the first $7,000 of each employee’s taxable wages Employers are generally entitled to a maximum FUTA credit of 5.4%, reducing their net FUTA rate to 0.6% Some states took loans from the federal government to pay UI benefits. Employers in states that have not repaid their loan may not get the maximum 5.4% FUTA credit and will pay more than 0.6% of FUTA wages (generally referred to as a FUTA credit reduction). Mastering Payroll FUTA Tax and Form 940 Form 940 and FUTA tax due dates Employers that deposited all FUTA taxes on time and in full during the year have until Feb. 10 of the following year to file Form 940 Employers paying FUTA tax higher than 0.6% (due to unpaid state loans) must remit the additional tax by the following Jan. 31 If the FUTA tax liability for a quarter is: over $500—tax must be deposited before the end of the month following the end of the quarter, even though the 940 is not due then $500 or less, the liability can be rolled over to subsequent quarters until it exceeds $500, but is due the following Jan. 31 Mastering Payroll Form 940: Electronic v. Paper Filing FUTA tax must be paid electronically via EFTPS Exception: An annual FUTA liability of up to $500 may be paid by check, debit/credit card or EFW when filing the 940 Mastering Payroll Form 945 Form 945, Annual Return of Withheld Federal Income Tax, is used to report FITW on nonpayroll payments, including: Backup withholding on certain payments, such as payments to independent contractors who failed to provide an SSN or TIN. Gambling winnings Pensions, annuities and possibly interest and dividends Military retirement Mastering Payroll Form 945 Form 945 reconciles FIT withheld from nonpayroll payments, such as pensions and other government payments 945 taxes normally are paid via EFTPS However, liabilities of less than $2,500 can be paid by check, debit/credit card or EFW when Form 945 is filed Form 945 is an annual return, and accordingly, the lookback period is the second previous calendar year. For example, the lookback period for 2015 would be 945 taxes paid in 2013. Mastering Payroll Form 945 DryCo’s 945 liability for 2013 is $40,000. When must DryCo deposit its 945 tax liability for April 2015? Because DryCo’s total 945 taxes for 2013 did not exceed $50,000, it is a monthly depositor for 2015 and will deposit its 945 taxes by May 15, 2015 (or the next business day). DryCo uses its 945 tax liability from 2013 (its second prior calendar year) to determine its 945 depositor status for 2015. When setting the 945 deposit schedule, 941 taxes are not considered. Mastering Payroll Form W-2 Form W-2, Wage and Tax Statement, is a summary of each employee’s taxable wages and taxes withheld for the year Employers give copies B, C and 2 of the W-2 to employees, send Copy A to the SSA and keep Copy D for their records Employees attach copies of their W-2 to their federal and state income tax returns Some states and locals require that employers file copies of W-2 Mastering Payroll Form W-2 The W-2 must be provided to: Employees by Jan. 31 (or next business day) Terminated employees by the earlier of Jan. 31 or within 30 days of their request The SSA by: the last day of February (or next business day) if filed electronically, by Mar. 31 (or next business day) States and local areas: dates vary by locale Mastering Payroll Form W-3 Employers filing up to 249 Forms W-2 for the year file Copy A with Form W-3, Transmittal of Wage and Tax Statements, which is a summary of the data on the attached W-2s Employers filing 250 or more W-2s for the year must file electronically with the SSA — but are not required to file a W-3 Mastering Payroll How Long Must Records Be Retained? FLSA requires keeping the records listed below for 3 years: Payroll register Timecards Time sheets (reports of hours worked) Payroll tax records Tax deposit receipts W-4s Personnel files Cancelled and voided checks Work schedules must be kept for 2 years Mastering Payroll How Long Must Records Be Retained? The IRS requires keeping the following for 4 years from April 15 of the year following the year that the document applies to: Payroll register and payroll tax records Tax deposit receipts Personnel files Cancelled/voided checks Forms 941, 940, 945 and supporting documents Mastering Payroll How Long Must Records Be Retained? The IRS requires keeping the following for 4 years: A returned W-2 from the date it was due A W-4 from the later of: the date the company received it, or when last used to calculate FITW Mastering Payroll When Wages Become Taxable Wages are taxable in the year that employees have constructive receipt of the pay—that is, when the pay is available to them: Example: December 2014 paychecks distributed to employees after Christmas but not picked up by some employees until 2015 are taxable to these employees in 2014. Example: Wages earned in late December 2014 but not paid to employees until 2015 are taxable to employees in 2015. Mastering Payroll When Wages Become Taxable Wages are taxable in the year employees have constructive receipt of their pay Unless the employer has a formal deferred compensation plan, it cannot postpone paying wages to benefit itself or an employee Advances and overpayments are taxable in the year that they are constructively received If repaid the same year, deduct from taxable wages If repaid in a subsequent year, consult a CPA or tax attorney (rules are complex) Mastering Payroll SUI Tax Returns and Deposits Report SUI, the state version of FUTA, as follows: File SUI returns quarterly Taxes generally are due the last day of the month following the end of the quarter Wage detail reports are generally filed quarterly SUI rates vary both by employer payments in previous years for UI premiums and for UI benefits Some states also require employers, employees or both to pay state disability insurance (SDI) Mastering Payroll Reporting SITW Generally, employers must file a copy of employee W-2s with the state In most states, the deadline is the last day of February—if filed electronically, March 31 Some—but not all—states require filing a state W-2 or copy of the federal W-2 and may or may not have their own W-3 (check state law) For states with no SIT, no W-2s are filed with the state Mastering Payroll Form 1099 Form 1099 is filed to report payments to independent contractors or investors 1099-MISC: reports nonemployee compensation totaling at least $600 for the year in commissions, fees, royalties, rent and other payments—used primarily for independent contractors 1099-INT: reports interest paid 1099-DIV: reports dividends paid 1099-R: reports payments to retirees (for annuities, pensions, etc.) Mastering Payroll Form 1099 Form 1099 is due to: Recipients. Must receive their 1099s by Jan. 31 The IRS. Must be filed by the last day of February for paper forms—by March 31, electronically File each kind of paper 1099s, a separate Form 1096, Annual Summary and Transmittal of U.S. Information Returns (electronic 1099s do not require a 1096) Examples: With all paper Forms 1099-MISC, file a 1096; with all paper Forms 1099-INT, a separate 1096, etc. Mastering Payroll The Payroll Register A payroll register includes for each payment: Check number Employee’s name and SSN Gross wages or salary (regular pay, OT, bonus) Federal taxes withheld FICA taxes withheld State and local income taxes withheld Other deductions (health, dental or life insurance, union dues, uniforms, etc.) Net payment to employee or employee’s financial account(s) Mastering Payroll Payroll Journal Entries Each payday, you record two journal entries: First journal entry: Employee salaries and deductions ( “payroll distribution”) Second journal entry: Employer payroll tax expenses, such as FUTA and employer FICA Mastering Payroll Payroll Journal Entries First journal entry: Employee salaries and deductions ( “payroll distribution”) Salary Expense xxx FICA Employee FITW Payable Health Ins. employee contrib. Union Dues employee contrib. Cash xxx xxx xxx xxx xxx Mastering Payroll Payroll Journal Entries Example: In the pay period ending May 9, 2015, XyCo’s gross wages are $25,000. XyCo withholds from employee pay $1,912.50 FICA, $4,500 FITW and $400 SITW First journal entry: XyCo’s salaries and deductions for the May 9th pay period: Salary Expense 1,912.50 4,500.00 25,000.00 FICA Employee FITW Payable SITW Payable Mastering Payroll Payroll Journal Entries Second journal entry: Employer payroll taxes Each pay period, employers incur not only salary expense, but employer payroll expenses, such as the employer’s share of FICA, as well as FUTA and SUI taxes Payroll Tax Expense xxx FICA Employer xxx FUTA Payable xxx SUI Payable Mastering Payroll Payroll Journal Entries Example: In the pay period ending May 9, 2015, XyCo’s incurs payroll expenses of $1,912.50 employer FICA, $200 FUTA and $295 SUI. Second journal entry: XyCo’s employer payroll tax expenses for the May 9th pay period: Payroll Tax Expense 2,407.50 FICA Employer 1,912.50 FUTA Payable 200.00 SUI Payable Mastering Payroll Payroll Journal Entries Another journal entry is recorded when all withheld and employer taxes are remitted to federal and state agencies and vendors, such as insurance companies FICA Employee FICA Employer FITW Payable Employee Health Ins. Employer Health Ins. xxx xxx xxx xxx xxx xxx Cash Mastering Payroll Payroll Journal Entries When the end of a period falls in the middle of a week—e.g., December 31, 2015 falls on a Thursday, accrual basis companies must accrue their payroll expense. This is explained in detail in Mastering Adjusting Entries. Example: CompCo pays employees every Friday. But the last payday of 2015 is Friday, January 1, 2016, and the company is closed, so it pays employees on Monday, January 4, 2016. CompCo must accrue 4 days’ payroll expense (MondayThursday) for 2015, even though it will pay employees in 2016. Mastering Payroll