December 19, 2012 ALERT: Prepare Now for 2013 Payroll Changes The end of 2012 is quickly approaching and 2013 will bring about numerous mandatory changes to your payroll. A brief recap follows, to prepare both you and your employees for what to expect next year. Employee paychecks will change no matter what happens in the legislature Your employees will notice a difference in their first paycheck of 2013 for a variety of reasons and your employees will likely want to know why. The primary reasons are listed below: Unless legislative action is taken very soon, personal federal income tax rates increase effective January 1, 2013. It is important to make sure your federal tax withholding tables are updated before your first payroll in 2013. Unless legislative action is taken, the employee portion of FICA will revert back to 6.2% in 2013 (up from 4.2% in 2011 and 2012). Effective January 1, 2013 an additional 0.9% Medicare tax will be levied on high-income taxpayers. Employers are required to collect and remit the extra 0.9% on any and all wages exceeding $200,000 per employee. This is an employee tax and does not affect the employer Medicare withholding rate. Kansas income tax rates will decrease effective January 1, 2013. It is important to make sure all state tax withholding tables are updated before your first payroll in 2013. Reporting of employer-provided health care coverage on Form W-2 This new reporting requirement is effective for Form W-2s that will be issued for wages paid in 2012. This informational-only data should include the total cost of the employer-provided coverage, regardless of who is paying the costs. This means both the employee and employer portion of premiums will be included. The reporting requirement does NOT cause excludable employer-provided health insurance coverage to become taxable and does not change the reporting requirements for amounts that are includable in the employee’s income (e.g., excess reimbursements or coverage for a nonqualifying employee). Relief for certain small employers – Employers who filed fewer than 250 W-2s for the 2011 year are not yet subject to this reporting requirement. This relief remains in effect until further IRS guidance is issued. Such additional guidance will apply prospectively and will not apply to any calendar year beginning within six months of the date the guidance is issued (IRS Notice 2012-9). 301 N. Main, Suite 1700 ● Wichita, Kansas 67202-4868 ● (316) 267-7231 ● (316) 267-0339 fax ● www.aghlc.com AGH Employer Solutions year-end planning Every year, AGH Employer Solutions provides clients of our payroll processing bureau with a year-end planning packet that includes a summary of changes in taxes or other regulations which will affect payroll calculations and tracking. This year’s packet also includes a wrap-up of items which must be reported as part of health care costs and which don’t need to be. We thought it would be beneficial to provide it to you as well as a reminder of payroll changes to consider. This information is provided to you as a courtesy to alert you of opportunities or risks which could apply to your situation. If you have questions about the alert or how your payroll will be affected, contact your AGH professional or call AGH vice president of outsourcing services Cindy Henning at (316) 291-4101 or cindy.henning@aghlc.com. NOTE: Any advice contained in this material is not intended or written to be tax advice, and cannot be relied upon as such, nor can it be used for the purpose of avoiding tax penalties that may be imposed by the IRS or states, or promoting, marketing or recommending to another party any transaction or matter addressed herein. December 2012 As 2012 is winding down, it is important to plan for year-end payroll compliance reporting as well as start thinking about upcoming changes in 2013. INFORMATION TO PROVIDE FOR W-2 PREPARATION 1. Year End Processing Questionnaire – The enclosed questionnaire lists a variety of items that can impact year-end reporting. Some of these questions are very technical, including a variety of non-cash fringe benefits. 2. State Unemployment Experience Rating – Sometime in November or December you will receive an Experience Rating Notice from the Kansas Department of Human Resources or from any other states in which you have employees. Please forward these to your payroll processor so they can correctly prepare your quarterly unemployment reports for next year. FILING DEADLINE FOR 2012 FORMS W-2 AND W-3 The W-3 with attached copies of Form W-2 must be filed by February 28, 2013 with the Social Security Administration and the applicable States. The employee’s W-2 must be handed or mailed to the employee by January 31, 2013. Electronically filed Forms W-3 and W-2 are due to the Social Security Administration by April 1, 2013. EMPLOYEE FORMS 1. All new hires should complete a Federal W-4, State W-4 (if applicable), and an I-9. Form I-9 must be retained by the employer for 3 years after the person begins work or 1 year after the person’s employment is terminated, whichever is later. Employees that are not making a change do not need to complete a new Form W-4 each year, with the exception of employees that claim “exempt” from withholding. Employees claiming “exempt” from withholding must complete a new W-4 form by February 15. If the employees do not give their employer a new completed W-4 form by February 15, the employer should begin withholding federal income tax as if they are single, with zero withholding allowances. The W-4 can be kept in the employee’s personnel file. It is recommended (but not required) that I-9s be filed separately from the personnel file in case of an audit by the Immigration and Naturalization Service (INS) or Department of Labor (DOL). 2. All states have new-hire reporting requirements. The State of Kansas requires that within 20 days of each new hire, rehire, or employee returning to work, the employer must report the Social Security number, name and address of the new hire, AND the Employer’s Federal ID number [nine digits] with the employer's name and address. This information may be submitted online, via mail or fax. 3. Although personal use of a company-provided vehicle is taxable to the employee, the employer may elect not to withhold income tax on the value of personal use of a companyprovided vehicle (FICA and Medicare taxes must be withheld). Whenever an employer changes the option to withhold or not withhold, it must give notice to employees by January 31 or within 30 days after the employer first gave the vehicle to the employee. 2013 CHANGES 1. Reporting of Employer-Provided Health Care Coverage on Form W-2 – This new reporting requirement is effective for Form W-2s that will be issued for wages that are paid in 2012. This informational-only data should include the total cost of the employer provided coverage, regardless of who is paying the costs. This means both the employee and employer portion of premiums will be included. The reporting requirement does NOT cause excludable employer-provided health insurance coverage to become taxable and does not change the reporting requirements for amounts that are includable in the employee’s income (e.g., excess reimbursements or coverage for a non-qualifying employee). Relief for Certain Small Employers – Employers who filed fewer than 250 W-2s for the 2011 year are not yet subject to this reporting requirement. This relief remains in effect until further IRS guidance is issued. Such additional guidance will apply prospectively and will not apply to any calendar year beginning within six months of the date the guidance is issued (IRS Notice 2012-9). 2. FICA Limits – The combined Social Security tax rate for 2013 will be 7.65% each for both the employee and the employer share. Of that tax, 6.2% is for Old Age, Survivors and Disability Insurance (OASDI, also known as FICA) and 1.45% is for hospital insurance (Medicare). The OASDI wage base has increased to $113,700; there continues to be no cap on Medicare tax withholding. Note that, unless legislative action is taken, the employee portion of FICA will revert back to 6.2% in 2013. The 2012 rate was 4.2%. Your employees will see this as a reduction in take-home pay beginning in January. 3. Additional Medicare Tax on High Wage Earners – Effective January 1, 2013, an additional 0.9% Medicare tax will be levied on high-income taxpayers. Employers are required to collect and remit the extra 0.9% on any and all wages exceeding $200,000 per employee. This tax is an employee tax and does not affect the employer Medicare withholding rate. 4. Deferred Compensation Plan Limits 401(k), 403(b), 457 Deferral Limit 401(k), 403(b), 457 Catch-up Contribution Limit SIMPLE Deferral Limit SIMPLE 401(k) and IRA Catch-up Contribution Limit Annual Compensation Limit Social Security Wage Base $ $ $ $ $ $ 2013 Amount 17,500 5,500 12,000 2,500 255,000 113,700 5. Mileage – The 2013 standard mileage rates are set as follows: Business transportation or travel Medical care Charity purposes 2013 Amount $0.565 $0.240 $0.140 6. Minimum Wage – The Federal Minimum Wage is currently $7.25. The minimum wage in Kansas for tipped employees remains at $2.13, so long as the employee earns enough in tips to bring his or her wages up to the current minimum wage. While Kansas has no change, several states are increasing their minimum wage, including Arizona, Colorado, Florida, Missouri, Montana, Ohio, Oregon, Rhode Island, and Washington. States still pending an increase include Nevada and Vermont. 7. State Unemployment Taxable Wage Base – The State of Kansas unemployment taxable wage base will remain at $8,000 for 2013. However, several states are increasing their wage base, including Colorado, Georgia, Iowa, Kentucky, Minnesota, Montana, Nevada, New Jersey, New Mexico, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Washington, and Wisconsin. 8. Reduction of FUTA Credits – Employers pay FUTA taxes of 6.0% on the first $7,000 of wages paid to employees. This tax is offset by credits of up to 5.4% against their FUTA tax liability for amounts paid to a state unemployment fund. As a result, the net FUTA tax rate for most employers is .6%. Many states have borrowed from the federal government to pay unemployment benefits. In the event the state defaults on repayment of the loan, the amount for state unemployment tax credits that an employer in the state may claim is reduced. While Kansas employers will receive the full credit, credit-reduction states for 2012 include Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Indiana, Kentucky, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Rhode Island, Vermont, Wisconsin and the Virgin Islands. Employers in those states will have to pay an additional amount when filing their annual form 940. If you have any questions, please feel free to contact us. Respectfully, Allen, Gibbs & Houlik, L.C. Sonia J. Phillips Payroll Manager Year-End Payroll Processing Questionnaire Client Information Company Name: _______________________________________ Prepared by: _______________________________________ Year End: 12/31/2012 Instructions and Due Dates This questionnaire is used to provide information regarding earnings that have NOT been previously processed with your payroll. We’ve also attached definitions and explanations about these topics for your reference if you are unsure of your response to any of these questions. Additional Compensation 1. Deferred Compensation / Retirement Plan List any employee(s) who was an active participant in a retirement plan, profit-sharing plan or other pension plan funded by employer contributions. Employee Name Please list taxable payments or deferrals made under a section 409a Non-Qualified Deferred Comp Plan. List only those employees/amounts that are not subject to substantial risk or forfeiture. Employee Name Amount 2. Group-term life insurance Provide the name of any employee(s) who was provided group life insurance coverage in EXCESS of $50,000 in 2012 (active or terminated). If you have a statement from your carrier of the taxable amount, please include with this questionnaire. Employee Name Age Amount of Coverage > $50,000 # of months covered 3. S-Corp shareholder accident/health insurance premiums S-Corporation only – Provide information regarding 2% or more shareholders whose health insurance premiums were paid by the company. The annual premium provided should include all parties covered (spouses, children). Employee Name Annual Premium 4. Third-Party Sick Pay Provide the name of any employee(s) who received sick pay from a third-party sick-pay plan. Employee Name Amount 5. Employee Reimbursements Excess Business Expense Reimbursement List employees and amounts of reimbursements made to the employee(s) for business expense in excess of the amounts allowed under government specified rates (i.e., mileage, transit passes, parking, etc.) Employee Name Amount Unsubstantiated Reimbursements / Allowances If you paid any employees unsubstantiated reimbursements or expense account allowance payments, these payments are classified as income to the employee. List the employee name and any unsubstantiated payments. Employee Name Amount Special Payments List or attach copies of any special payments and the employees who received them (such as cash advances not paid back or cash bonuses), as well as the corresponding withholding information. Employee Name Amount Description Personal Expenses List employees, amounts and description for any payment made on behalf of an employee for personal expenses that are not to be paid back. Employee Name Amount Description 6. Personal Use of Business Vehicles List employees who drive business vehicles for personal use. If more than one vehicle is used during the year by an employee, provide number of months each vehicle was available for use by employee. The vehicle value will remain the same for 4 years after which time it may be revalued. Employee Name Vehicle & Value 2012 Personal Miles 2012 Total Miles # of Years Available for EE Use 2012 # of Months Available Company Provided Fuel (Y/N) List employee(s) required to drive a business vehicle to and from work and home. Employee Name # of Days Driven 7. Moving Expenses List employees, amounts and description for any moving allowance or reimbursement paid. Employee Name Amount Description 8. Employer-Paid Life Insurance List below any employees covered under an employer-paid life insurance policy in which the beneficiary is the employee (not group term life). Employee Name Beneficiary Type (whole life, split $) Premium Employer-Sponsored Health Coverage 9. Reporting of Employer-Sponsored Health Coverage on Form W-2 After referring to the Form W-2 Reporting of Employer-Sponsored Health Coverage chart included as part of this package: IF you filed MORE than 250 W-2s for the year ended 12/31/2011, provide all employer sponsored health coverage as required in the above-referenced chart. Yes No Other Changes 10. Changes to Deferred Compensation / Retirement Plan Have you made any changes to your Deferred Compensation / Retirement Plan in 2012? Will you be making any changes to your Deferred Compensation / Retirement Plan in 2013? Yes Yes No No If you responded yes to either question, please provide your payroll processor a summary of the changes, including items that affect definition of compensation, modifications to match calculations, changes in the earnings considered for deferral calculations, as well as maximums or minimums for deferrals. ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ 11. Changes to Section 125 / Cafeteria Plan Have you made any changes to your Section 125 / Cafeteria Plan in 2012? Will you be making any changes to your Section 125 / Cafeteria Plan in 2013? Yes Yes No No If you responded yes to either question, please provide a summary of the changes, including deductions that have been added or removed from the Plan, as well as any maximums for flexible spending accounts. ____________________________________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________________________________ Year-End Payroll Processing Questionnaire: Definitions Definitions This document provides additional information about the questionnaire topics. You may use these definitions to assist you in determining how to respond to the questions. 1. Deferred Compensation / Retirement Plan The W-2 requires that a box be checked for employees who are active participants in a retirement plan. Generally, an employee is an active participant if covered by either of the following: 1. A defined benefit plan for any tax year that he or she is eligible to participate in, or 2. A defined contribution plan (for example, a section 401(k) plan) for any tax year that employer or employee contributions (or forfeitures) are added to his or her account For additional information on employees who are eligible to participate in a plan, contact your plan administrator. For details on the active participant rules, see Notice 87-16, 1987-1 C.B. 446, Notice 98-49, 1998-2 C.B. 365, section 219(g)(5), and Pub. 590, Individual Retirement Arrangements (IRAs). You can find Notice 98-49 on page 5 of Internal Revenue Bulletin 1998-38 at www.irs.gov/pub/irs-irbs/irb98-38.pdf. Per the instructions, check this box if the employee was an “active participant” (for any part of the year) in any of the following: A qualified pension, profit-sharing, or stock-bonus plan described in section 401(a) (including a 401(k) plan) An annuity plan described in section 403(a) An annuity contract or custodial account described in section 403(b) A simplified employee pension (SEP) plan described in section 408(k) A SIMPLE retirement account described in section 408(p) A trust described in section 501(c)(18) A plan for federal, state, or local government employees or by an agency or instrumentality thereof (other than a section 457(b) plan) 2. Group-term life insurance If you paid for group-term life insurance over $50,000 for an employee or a former employee, you must report the taxable cost of excess coverage, determined by using the table in section 2 of Pub. 15-B, in boxes 1, 3, and 5 of Form W-2. Also, show the amount in box 12 with code C. For employees, you must withhold Social Security and Medicare taxes, but not federal income tax. Former employees must pay the employee part of Social Security and Medicare taxes on the taxable cost of group-term life insurance over $50,000 on Form 1040. You are not required to collect those taxes. However, you must report the uncollected Social Security tax with code M and the uncollected Medicare tax with code N in box 12 of Form W-2. 3. S-Corporation shareholder accident/health insurance premiums The total of health, dental, life and disability insurance payments paid by an S-Corporation for shareholders who own greater than 2% of the outstanding stock should be reported on the shareholders’ W-2s in boxes 1 and 16 along with their regular wages. These fringe benefits are not subject to Social Security, Medicare or federal unemployment taxes and therefore should not be included in Boxes 3 and 5 of the W-2. 4. Third-Party Sick Pay In general, sick pay is any amount you pay under a plan to an employee who is unable to work because of sickness or injury. These amounts are sometimes paid by a third party, such as an insurance company or an employees' trust. In either case, these payments are subject to Social Security, Medicare, and FUTA taxes. Sick pay becomes exempt from these taxes after the end of 6 calendar months after the calendar month the employee last worked for the employer. The payments are always subject to federal income tax. See Publication 15-A for more information. 5. Employee Reimbursements A reimbursement or allowance arrangement is a system by which you pay the advances, reimbursements, and charges for your employees' business expenses. How you report a reimbursement or allowance amount depends on whether you have an accountable or a nonaccountable plan. If a single payment includes both wages and an expense reimbursement, you must specify the amount of the reimbursement. These rules apply to all ordinary and necessary employee business expenses that would otherwise qualify for a deduction by the employee. Accountable plan. To be an accountable plan, your reimbursement or allowance arrangement must require your employees to meet all three of the following rules. 1. They must have paid or incurred deductible expenses while performing services as your employees. The reimbursement or advance must be paid for the expense and must not be an amount that would have otherwise been paid by the employee. 2. They must substantiate these expenses to you within a reasonable period of time. 3. They must return any amounts in excess of substantiated expenses within a reasonable period of time. Amounts paid under an accountable plan are not wages and are not subject to the withholding and payment of income, Social Security, Medicare, and federal unemployment (FUTA) taxes. If the expenses covered by this arrangement are not substantiated (or amounts in excess of substantiated expenses are not returned within a reasonable period of time), the amount paid under the arrangement in excess of the substantiated expenses is treated as paid under a nonaccountable plan. This amount is subject to the withholding and payment of income, Social Security, Medicare, and FUTA taxes for the first payroll period following the end of the reasonable period of time. A reasonable period of time depends on the facts and circumstances. Generally, it is considered reasonable if your employees receive their advance within 30 days of the time they incur the expenses, adequately account for the expenses within 60 days after the expenses were paid or incurred, and return any amounts in excess of expenses within 120 days after the expenses were paid or incurred. Also, it is considered reasonable if you give your employees a periodic statement (at least quarterly) that asks them to either return or adequately account for outstanding amounts and they do so within 120 days. Nonaccountable plan. Payments to your employee for travel and other necessary expenses of your business under a nonaccountable plan are wages and are treated as supplemental wages and subject to the withholding and payment of income, Social Security, Medicare, and FUTA taxes. Your payments are treated as paid under a nonaccountable plan if: Your employee is not required to or does not substantiate timely those expenses to you with receipts or other documentation You advance an amount to your employee for business expenses and your employee is not required to or does not return timely any amount he or she does not use for business expenses, or You advance or pay an amount to your employee regardless of whether you reasonably expect the employee to have business expenses related to your business You pay an amount as a reimbursement you would have otherwise paid as wages Per diem or other fixed allowance. You may reimburse your employees by travel days, miles, or some other fixed allowance under the applicable revenue procedure. In these cases, your employee is considered to have accounted to you if your reimbursement does not exceed rates established by the Federal Government. The 2012 standard mileage rate for auto expenses is 55.5 cents per mile. The government per diem rates for meals and lodging in the continental United States are listed in Publication 1542, Per Diem Rates. Other than the amount of these expenses, your employees' business expenses must be substantiated (for example, the business purpose of the travel or the number of business miles driven). If the per diem or allowance paid exceeds the amounts specified, you must report the excess amount as wages. This excess amount is subject to income tax withholding and payment of Social Security, Medicare, and FUTA taxes. Show the amount equal to the specified amount (for example, the nontaxable portion) in box 12 of Form W-2 using code L. Wages not paid in money. If in the course of your trade or business you pay your employees in a medium that is neither cash nor a readily negotiable instrument, such as a check, you are said to pay them “in kind.” Payments in kind may be in the form of goods, lodging, food, clothing, or services. Generally, the fair market value of such payments at the time they are provided is subject to federal income tax withholding and Social Security, Medicare, and FUTA taxes. 6. Business Vehicles You may choose not to withhold income tax on the value of an employee's personal use of a vehicle you provide. You must, however, withhold Social Security and Medicare taxes on the use of the vehicle. See Publication 15-B for more information on this election. Vehicle allocation rules. If you provide a car for an employee's use, the amount you can exclude as a working condition benefit is the amount that would be allowable as a deductible business expense if the employee paid for its use. If the employee uses the car for both business and personal use, the value of the working condition benefit is the part determined to be for business use of the vehicle. See Business use of your car under Personal versus Business Expenses in chapter 1 of Publication 535. Also, see the special rules for certain demonstrator cars and qualified nonpersonal-use vehicles discussed below. However, instead of excluding the value of the working condition benefit, you can include the entire annual lease value of the car in the employee's wages. The employee can then claim any deductible business expense for the car as an itemized deduction on his or her personal income tax return. This option is available only if you use the lease value rule to value the benefit. If you provided your employee a vehicle and included 100% of its annual lease value in the employee's income, you must separately report this value to the employee in box 14 (or on a separate statement). The employee can then figure the value of any business use of the vehicle and report it on Form 2106, Employee Business Expenses. Also see Pub. 15-B for more information Qualified nonpersonal-use vehicles. All of an employee's use of a qualified nonpersonal-use vehicle is a working condition benefit. A qualified nonpersonal-use vehicle is any vehicle the employee is not likely to use more than minimally for personal purposes because of its design. Qualified nonpersonal-use vehicles generally include all of the following vehicles. Clearly marked, through painted insignia or words, police and fire vehicles Unmarked vehicles used by law enforcement officers if the use is officially authorized An ambulance or hearse used for its specific purpose Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds Delivery trucks with seating for the driver only, or the driver plus a folding jump seat A passenger bus with a capacity of at least 20 passengers used for its specific purpose School buses Tractors and other special-purpose farm vehicles 7. Moving Expenses The following moving expenses are taxable: Pre-move house-hunting trips Temporary living expenses for 30 days in the general area of the workplace Selling or settling an unexpired lease on the old residence and buying or acquiring a lease on the new address Real estate transactions Any meals connected with the relocation The only expenses that are still deductible (with no dollar limit on the deduction) are: expenses incurred in moving household goods and personal expenses incurred in traveling (including lodging but not meals) from the old residence to the new residence. To qualify for these deductions, the distance between the employee’s new workplace and his old residence must be at least 50 miles farther than the distance between the employee’s old workplace and his or her old residence. Reimbursements or direct payments by the employer for qualified moving expenses do not have to be reported as income. However, employers must report those qualified moving expenses paid directly to the employee on Form W-2 using Code P in box 12. 8. Employer-Paid Life Insurance IRC section 79 provides an exclusion for the first $50,000 of group-term life insurance coverage provided under a policy carried directly or indirectly by an employer. There are no tax consequences if the total amount of such policies does not exceed $50,000. The imputed cost of coverage in excess of $50,000 must be included in income, using the IRS Premium Table, and is subject to Social Security and Medicare taxes. Carried Directly or Indirectly by the Employer A taxable fringe benefit arises if coverage exceeds $50,000 and the policy is considered carried directly or indirectly by the employer. A policy is considered carried directly or indirectly by the employer if: 1. The employer pays any cost of the life insurance, or 2. The employer arranges for the premium payments and the premiums paid by at least one employee subsidize those paid by at least one other employee (the “straddle” rule) The determination of whether the premium charges straddle the costs is based on the IRS Premium Table rates, not the actual cost. You can view the Premium Table in the group-term life insurance discussion in Publication 15-B. Because the employer is affecting the premium cost through its subsidizing and/or redistributing role, there is a benefit to employees. This benefit is taxable even if the employees are paying the full cost they are charged. You must calculate the taxable portion of the premiums for coverage that exceeds $50,000. Coverage for Spouse and Dependents The cost of employer-provided group-term life insurance on the life of an employee’s spouse or dependent, paid by the employer, is not taxable to the employee if the face amount of the coverage does not exceed $2,000. This coverage is excluded as a de minimis fringe benefit. Whether a benefit provided is considered de minimis depends on all the facts and circumstances. In some cases, an amount greater than $2,000 of coverage could be considered a de minimis benefit. See Notice 89-110 for more information. 9. Changes to Deferred Compensation / Retirement Plan Changes to a Deferred Compensation / Retirement plan may affect taxable wages, the calculation of deferrals (based upon earnings that are to be included), and other items. Additionally, match calculations that are processed on a per-pay-period basis are defined in the payroll software. Notify your payroll processor of these changes so that employee deferrals, employer contributions, and taxes are calculated properly. 10. Changes to Section 125 / Cafeteria Plan Changes made to a Section 125 / Cafeteria Plan may affect the taxability of deductions. Notify your payroll processor of these changes so that employee taxes are calculated properly. 11. Form W-2 Reporting of Employer-Sponsored Health Coverage This new reporting requirement is effective for Form W-2s that will be issued for wages paid in 2012. This informational-only data should include the total cost of the employer-provided coverage, regardless of who is paying the costs. This means both the employee and employer portion of premiums will be included. Employers who filed fewer than 250 W-2s for the 2011 year are not yet subject to this reporting requirement. This relief remains in effect until further IRS guidance is issued. Such additional guidance will apply prospectively and will not apply to any calendar year beginning within six months of the date the guidance is issued (IRS Notice 20129). The following chart indicates what coverage is required to be reported on Form W-2. FORM W-2 REPORTING OF EMPLOYER-SPONSORED HEALTH COVERAGE 1 This chart can be used to determine which employer health benefits should be reported on Form W-2 in box 12 using code DD. Coverage Type Major medical Dental or vision plan not integrated into another medical or health plan Dental or vision plan which gives the choice of declining or electing and paying an additional premium Health Flexible Spending Arrangement (FSA) funded solely by salary-reduction amounts Health FSA value for the plan year in excess of employee’s cafeteria plan salary reductions for all qualified benefits Health Reimbursement Arrangement (HRA) contributions Health Savings Arrangement (HSA) contributions (employer or employee) Archer Medical Savings Account (Archer MSA) contributions (employer or employee) Hospital indemnity or specified illness (insured or self-funded), paid on after-tax basis Hospital indemnity or specified illness (insured or self-funded), paid through salary reduction (pre-tax) or by employer Employee Assistance Plan (EAP) providing applicable employer-sponsored healthcare coverage On-site medical clinics providing applicable employer-sponsored healthcare coverage Wellness programs providing applicable employer-sponsored healthcare coverage Multi-employer plans Domestic partner coverage included in gross income Governmental plans providing coverage primarily for members of the military and their families Federally recognized Indian tribal government plans and plans of tribally charted corporations wholly owned by a federally recognized Indian tribal government Self-funded plans not subject to Federal COBRA Accident or disability income Long-term care Liability insurance Supplemental liability insurance Workers' compensation Automobile medical payment insurance Credit-only insurance Excess reimbursement to highly compensated individual, included in gross income Payment/reimbursement of health insurance premiums for 2% shareholder-employee, included in gross income Employers required to file fewer than 250 Forms W-2 for the preceding calendar year (determined without application of any entity aggregation rules for related employers) Forms W-2 furnished to employees who terminate before the end of a calendar year and request, in writing, a Form W-2 before the end of that year Forms W-2 provided by third-party sick-pay provider to employees of other employers 1 2 3 4 Form W-2, Box 12, Code DD Do Not Report Optional Report X X X X X X X2 X2 X X X3 X4 X3 X3 X4 X4 X X X X X X X X X X X X X X X X X This chart is adapted from a table provided at www.irs.gov. HSAs and Archer MSAs are, however, reported on Form W-2 in box 12, using codes W and R, respectively. Reporting is required for all individuals (including active employees) if the employer charges a COBRA premium for this coverage for individual electing COBRA benefits. Reporting is optional for all individuals (including active employees) if the employer does not charge a COBRA premium for this coverage for individuals electing COBRA benefits.