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Taxes 2012 Forms

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Taxes 2012 Forms

Taxes 2012 forms Publication 595 - Introductory Material Table of Contents Introduction Important Reminder Introduction This publication discusses the Capital Construction Fund (CCF). Taxes 2012 forms The CCF is a special investment program administered by the National Marine Fisheries Service (NMFS) and the Internal Revenue Service (IRS). Taxes 2012 forms This program allows fishermen to defer paying income tax on certain income they invest in a CCF account and later use to acquire, build, or rebuild fishing vessels. Taxes 2012 forms This publication does not discuss all the tax rules that may apply to your fishing trade or business. Taxes 2012 forms For general information about the federal tax laws that apply to individuals, including commercial fishermen, who file Schedule C or C-EZ, see Publication 334, Tax Guide for Small Business. Taxes 2012 forms If your trade or business is a partnership or corporation, see Publication 541, Partnerships, or Publication 542, Corporations. Taxes 2012 forms Comments and suggestions. Taxes 2012 forms   We welcome your comments about this publication and your suggestions for future editions. Taxes 2012 forms   You can email us at *taxforms@irs. Taxes 2012 forms gov. Taxes 2012 forms Please put “Publications Comment” on the subject line. Taxes 2012 forms   You can write to us at the following address: Internal Revenue Service Business Forms and Publications Branch SE:W:CAR:MP:T:B 1111 Constitution Ave. Taxes 2012 forms NW, IR-6406 Washington, DC 20224   We respond to many letters by telephone. Taxes 2012 forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Taxes 2012 forms Important Reminder Photographs of missing children. Taxes 2012 forms  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Taxes 2012 forms Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Taxes 2012 forms You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Taxes 2012 forms Prev  Up  Next   Home   More Online Publications
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Employment Agencies

Times have changed with job-searching, and there are numerous websites now available that post jobs for private industry. Many companies also offer a way to apply online. However, these sites do not replace traditional and proven job-hunting approaches such as networking, personal contacts, business organizations, and interviewing.

If you're looking for a job, you might come across ads from employment agencies that promise wonderful opportunities. While some companies honestly want to help you, others are more interested in taking your money. Be wary of:

  • Promises to get you a job and a guaranteed income.
  • Up-front fees, even when you are guaranteed a refund if you are dissatisfied.
  • Employment agencies whose ads read like job ads.
  • Promotions of "previously undisclosed" government jobs. All federal jobs are announced to the public on the USAJOBS website.

Get a copy of the employment agency contract and review it carefully before you pay any money. Check with your local consumer protection agency and the Better Business Bureau to see if any complaints have been filed about a company.

The Federal Trade Commission (FTC) sues businesses that fraudulently advertise employment openings and guarantee job placement. Contact the FTC if you have a complaint.

Social Media Profiles and Your Job Search

Are you in the market for a new job? If so, remember that potential employers aren’t just reading your resumé; they are also reviewing your social media profiles, blogs, pictures, and videos. In 2011, the FTC ruled that background investigation companies can keep your social media history for as long as seven years. Even if you clean up your profiles, companies can still have access to older content that you posted publicly. To err on the side of caution:

  • Use the privacy settings to manage who has access to your profile.
  • Refrain from making defamatory comments about current or past employers.
  • Avoid making statements that are discriminatory or demonstrate intolerance.
  • Untag yourself in pictures or posts that are inappropriate.

Unemployment

The government's Unemployment Insurance Program provides benefits to eligible workers who become unemployed through no fault of their own and who meet other eligibility requirements. Each state administers its own program under federal guidelines. Eligibility requirements, benefit amounts, and length of benefits are determined by the states. For more information, contact the Department of Labor.

In addition, some states are extending unemployment benefits for eligible recipients for up to 13 additional weeks. 

The Taxes 2012 Forms

Taxes 2012 forms Publication 15-A - Main Content Table of Contents 1. Taxes 2012 forms Who Are Employees?Independent Contractors Common-Law Employees Statutory Employees Statutory Nonemployees Misclassification of Employees 2. Taxes 2012 forms Employee or Independent Contractor?Common-Law Rules Industry Examples 3. Taxes 2012 forms Employees of Exempt OrganizationsSocial security and Medicare taxes. Taxes 2012 forms FUTA tax. Taxes 2012 forms 4. Taxes 2012 forms Religious Exemptions and Special Rules for MinistersForm W-2. Taxes 2012 forms Self-employed. Taxes 2012 forms Employees. Taxes 2012 forms 5. Taxes 2012 forms Wages and Other CompensationRelocating for Temporary Work Assignments Employee Achievement Awards Scholarship and Fellowship Payments Outplacement Services Withholding for Idle Time Back Pay Supplemental Unemployment Benefits Golden Parachute Payments Interest-Free and Below-Market-Interest-Rate Loans Leave Sharing Plans Nonqualified Deferred Compensation Plans Tax-Sheltered Annuities Contributions to a Simplified Employee Pension (SEP) SIMPLE Retirement Plans 6. Taxes 2012 forms Sick Pay ReportingSick Pay Payments That Are Not Sick Pay Sick Pay Plan Third-Party Payers of Sick Pay Social Security, Medicare, and FUTA Taxes on Sick Pay Income Tax Withholding on Sick Pay Depositing and Reporting Example of Figuring and Reporting Sick Pay 7. Taxes 2012 forms Special Rules for Paying TaxesCommon Paymaster Agents Reporting Agents Employee's Portion of Taxes Paid by Employer International Social Security Agreements 8. Taxes 2012 forms Pensions and AnnuitiesFederal Income Tax Withholding 9. Taxes 2012 forms Alternative Methods for Figuring WithholdingTerm of continuous employment. Taxes 2012 forms Formula Tables for Percentage Method Withholding (for Automated Payroll Systems) Wage Bracket Percentage Method Tables (for Automated Payroll Systems) Combined Federal Income Tax, Employee Social Security Tax, and Employee Medicare Tax Withholding Tables 10. Taxes 2012 forms Tables for Withholding on Distributions of Indian Gaming Profits to Tribal MembersWithholding Tables How To Get Tax Help 1. Taxes 2012 forms Who Are Employees? Before you can know how to treat payments that you make to workers for services, you must first know the business relationship that exists between you and the person performing the services. Taxes 2012 forms The person performing the services may be: An independent contractor, A common-law employee, A statutory employee, or A statutory nonemployee. Taxes 2012 forms This discussion explains these four categories. Taxes 2012 forms A later discussion, Employee or Independent Contractor in section 2, points out the differences between an independent contractor and an employee and gives examples from various types of occupations. Taxes 2012 forms If an individual who works for you is not an employee under the common-law rules (see section 2), you generally do not have to withhold federal income tax from that individual's pay. Taxes 2012 forms However, in some cases you may be required to withhold under the backup withholding requirements on these payments. Taxes 2012 forms See Publication 15 (Circular E) for information on backup withholding. Taxes 2012 forms Independent Contractors People such as doctors, veterinarians, and auctioneers who follow an independent trade, business, or profession in which they offer their services to the public, are generally not employees. Taxes 2012 forms However, whether such people are employees or independent contractors depends on the facts in each case. Taxes 2012 forms The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result. Taxes 2012 forms Common-Law Employees Under common-law rules, anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. Taxes 2012 forms This is so even when you give the employee freedom of action. Taxes 2012 forms What matters is that you have the right to control the details of how the services are performed. Taxes 2012 forms For a discussion of facts that indicate whether an individual providing services is an independent contractor or employee, see section 2. Taxes 2012 forms If you have an employer-employee relationship, it makes no difference how it is labeled. Taxes 2012 forms The substance of the relationship, not the label, governs the worker's status. Taxes 2012 forms It does not matter whether the individual is employed full time or part time. Taxes 2012 forms For employment tax purposes, no distinction is made between classes of employees. Taxes 2012 forms Superintendents, managers, and other supervisory personnel are all employees. Taxes 2012 forms An officer of a corporation is generally an employee; however, an officer who performs no services or only minor services, and neither receives nor is entitled to receive any pay, is not considered an employee. Taxes 2012 forms A director of a corporation is not an employee with respect to services performed as a director. Taxes 2012 forms You generally have to withhold and pay income, social security, and Medicare taxes on wages that you pay to common-law employees. Taxes 2012 forms However, the wages of certain employees may be exempt from one or more of these taxes. Taxes 2012 forms See Employees of Exempt Organizations (section 3) and Religious Exemptions and Special Rules for Ministers (section 4). Taxes 2012 forms Leased employees. Taxes 2012 forms   Under certain circumstances, a firm that furnishes workers to other firms is the employer of those workers for employment tax purposes. Taxes 2012 forms For example, a temporary staffing service may provide the services of secretaries, nurses, and other similarly trained workers to its clients on a temporary basis. Taxes 2012 forms   The staffing service enters into contracts with the clients under which the clients specify the services to be provided and a fee is paid to the staffing service for each individual furnished. Taxes 2012 forms The staffing service has the right to control and direct the worker's services for the client, including the right to discharge or reassign the worker. Taxes 2012 forms The staffing service hires the workers, controls the payment of their wages, provides them with unemployment insurance and other benefits, and is the employer for employment tax purposes. Taxes 2012 forms For information on employee leasing as it relates to pension plan qualification requirements, see Leased employee in Publication 560, Retirement Plans for Small Business. Taxes 2012 forms Additional information. Taxes 2012 forms   For more information about the treatment of special types of employment, the treatment of special types of payments, and similar subjects, see Publication 15 (Circular E) or Publication 51 (Circular A), Agricultural Employer's Tax Guide. Taxes 2012 forms Statutory Employees If workers are independent contractors under the common law rules, such workers may nevertheless be treated as employees by statute, (also known as “statutory employees”) for certain employment tax purposes. Taxes 2012 forms This would happen if they fall within any one of the following four categories and meet the three conditions described next under Social security and Medicare taxes . Taxes 2012 forms A driver who distributes beverages (other than milk) or meat, vegetable, fruit, or bakery products; or who picks up and delivers laundry or dry cleaning, if the driver is your agent or is paid on commission. Taxes 2012 forms A full-time life insurance sales agent whose principal business activity is selling life insurance or annuity contracts, or both, primarily for one life insurance company. Taxes 2012 forms An individual who works at home on materials or goods that you supply and that must be returned to you or to a person you name, if you also furnish specifications for the work to be done. Taxes 2012 forms A full-time traveling or city salesperson who works on your behalf and turns in orders to you from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments. Taxes 2012 forms The goods sold must be merchandise for resale or supplies for use in the buyer's business operation. Taxes 2012 forms The work performed for you must be the salesperson's principal business activity. Taxes 2012 forms See Salesperson in section 2. Taxes 2012 forms Social security and Medicare taxes. Taxes 2012 forms   You must withhold social security and Medicare taxes from the wages of statutory employees if all three of the following conditions apply. Taxes 2012 forms The service contract states or implies that substantially all the services are to be performed personally by them. Taxes 2012 forms They do not have a substantial investment in the equipment and property used to perform the services (other than an investment in facilities for transportation, such as a car or truck). Taxes 2012 forms The services are performed on a continuing basis for the same payer. Taxes 2012 forms Federal unemployment (FUTA) tax. Taxes 2012 forms   For FUTA tax (the unemployment tax paid under the Federal Unemployment Tax Act), the term “employee” means the same as it does for social security and Medicare taxes, except that it does not include statutory employees defined above in categories 2 and 3. Taxes 2012 forms Any individual who is a statutory employee described above under category 1 or 4 is also an employee for FUTA tax purposes and subject to FUTA tax. Taxes 2012 forms Income tax. Taxes 2012 forms   Do not withhold federal income tax from the wages of statutory employees. Taxes 2012 forms Reporting payments to statutory employees. Taxes 2012 forms   Furnish Form W-2 to a statutory employee, and check “Statutory employee” in box 13. Taxes 2012 forms Show your payments to the employee as “other compensation” in box 1. Taxes 2012 forms Also, show social security wages in box 3, social security tax withheld in box 4, Medicare wages in box 5, and Medicare tax withheld in box 6. Taxes 2012 forms The statutory employee can deduct his or her trade or business expenses from the payments shown on Form W-2. Taxes 2012 forms He or she reports earnings as a statutory employee on line 1 of Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business. Taxes 2012 forms A statutory employee's business expenses are deductible on Schedule C (Form 1040) or C-EZ (Form 1040) and are not subject to the reduction by 2% of his or her adjusted gross income that applies to common-law employees. Taxes 2012 forms H-2A agricultural workers. Taxes 2012 forms   On Form W-2, do not check box 13 (Statutory employee), as H-2A workers are not statutory employees. Taxes 2012 forms Statutory Nonemployees There are three categories of statutory nonemployees: direct sellers, licensed real estate agents, and certain companion sitters. Taxes 2012 forms Direct sellers and licensed real estate agents are treated as self-employed for all federal tax purposes, including income and employment taxes, if: Substantially all payments for their services as direct sellers or real estate agents are directly related to sales or other output, rather than to the number of hours worked, and Their services are performed under a written contract providing that they will not be treated as employees for federal tax purposes. Taxes 2012 forms Direct sellers. Taxes 2012 forms   Direct sellers include persons falling within any of the following three groups. Taxes 2012 forms Persons engaged in selling (or soliciting the sale of) consumer products in the home or place of business other than in a permanent retail establishment. Taxes 2012 forms Persons engaged in selling (or soliciting the sale of) consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis prescribed by regulations, for resale in the home or at a place of business other than in a permanent retail establishment. Taxes 2012 forms Persons engaged in the trade or business of delivering or distributing newspapers or shopping news (including any services directly related to such delivery or distribution). Taxes 2012 forms   Direct selling includes activities of individuals who attempt to increase direct sales activities of their direct sellers and who earn income based on the productivity of their direct sellers. Taxes 2012 forms Such activities include providing motivation and encouragement; imparting skills, knowledge, or experience; and recruiting. Taxes 2012 forms Licensed real estate agents. Taxes 2012 forms   This category includes individuals engaged in appraisal activities for real estate sales if they earn income based on sales or other output. Taxes 2012 forms Companion sitters. Taxes 2012 forms   Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled. Taxes 2012 forms A person engaged in the trade or business of putting the sitters in touch with individuals who wish to employ them (that is, a companion sitting placement service) will not be treated as the employer of the sitters if that person does not receive or pay the salary or wages of the sitters and is compensated by the sitters or the persons who employ them on a fee basis. Taxes 2012 forms Companion sitters who are not employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes. Taxes 2012 forms Misclassification of Employees Consequences of treating an employee as an independent contractor. Taxes 2012 forms   If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you are liable for employment taxes for that worker and the relief provision, discussed next, will not apply. Taxes 2012 forms See section 2 in Publication 15 (Circular E) for more information. Taxes 2012 forms Relief provision. Taxes 2012 forms   If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. Taxes 2012 forms To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. Taxes 2012 forms You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. Taxes 2012 forms Technical service specialists. Taxes 2012 forms   This relief provision does not apply for a technical services specialist you provide to another business under an arrangement between you and the other business. Taxes 2012 forms A technical service specialist is an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. Taxes 2012 forms   This limit on the application of the rule does not affect the determination of whether such workers are employees under the common-law rules. Taxes 2012 forms The common-law rules control whether the specialist is treated as an employee or an independent contractor. Taxes 2012 forms However, if you directly contract with a technical service specialist to provide services for your business and not for another business, you may still be entitled to the relief provision. Taxes 2012 forms Test proctors and room supervisors. Taxes 2012 forms   The consistent treatment requirement does not apply to services performed after December 31, 2006, by an individual as a test proctor or room supervisor assisting in the administration of college entrance or placement examinations if the individual: Is performing the services for a section 501(c) organization exempt from tax under section 501(a) of the code, and Is not otherwise treated as an employee of the organization for employment taxes. Taxes 2012 forms Voluntary Classification Settlement Program (VCSP). Taxes 2012 forms   Employers who are currently treating their workers (or a class or group of workers) as independent contractors or other nonemployees and want to voluntarily reclassify their workers as employees for future tax periods may be eligible to participate in the VCSP if certain requirements are met. Taxes 2012 forms To apply, use Form 8952, Application for Voluntary Classification Settlement Program (VCSP). Taxes 2012 forms For more information, visit IRS. Taxes 2012 forms gov and enter “VCSP” in the search box. Taxes 2012 forms 2. Taxes 2012 forms Employee or Independent Contractor? An employer must generally withhold federal income taxes, withhold and pay over social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. Taxes 2012 forms An employer does not generally have to withhold or pay over any federal taxes on payments to independent contractors. Taxes 2012 forms Common-Law Rules To determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. Taxes 2012 forms In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered. Taxes 2012 forms Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties. Taxes 2012 forms These facts are discussed next. Taxes 2012 forms Behavioral control. Taxes 2012 forms   Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of: Instructions that the business gives to the worker. Taxes 2012 forms   An employee is generally subject to the business' instructions about when, where, and how to work. Taxes 2012 forms All of the following are examples of types of instructions about how to do work. Taxes 2012 forms When and where to do the work. Taxes 2012 forms What tools or equipment to use. Taxes 2012 forms What workers to hire or to assist with the work. Taxes 2012 forms Where to purchase supplies and services. Taxes 2012 forms What work must be performed by a specified  individual. Taxes 2012 forms What order or sequence to follow. Taxes 2012 forms   The amount of instruction needed varies among different jobs. Taxes 2012 forms Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. Taxes 2012 forms A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. Taxes 2012 forms The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right. Taxes 2012 forms Training that the business gives to the worker. Taxes 2012 forms   An employee may be trained to perform services in a particular manner. Taxes 2012 forms Independent contractors ordinarily use their own methods. Taxes 2012 forms Financial control. Taxes 2012 forms   Facts that show whether the business has a right to control the business aspects of the worker's job include: The extent to which the worker has unreimbursed business expenses. Taxes 2012 forms   Independent contractors are more likely to have unreimbursed expenses than are employees. Taxes 2012 forms Fixed ongoing costs that are incurred regardless of whether work is currently being performed are especially important. Taxes 2012 forms However, employees may also incur unreimbursed expenses in connection with the services that they perform for their employer. Taxes 2012 forms The extent of the worker's investment. Taxes 2012 forms   An independent contractor often has a significant investment in the facilities or tools he or she uses in performing services for someone else. Taxes 2012 forms However, a significant investment is not necessary for independent contractor status. Taxes 2012 forms The extent to which the worker makes his or her services available to the relevant market. Taxes 2012 forms   An independent contractor is generally free to seek out business opportunities. Taxes 2012 forms Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market. Taxes 2012 forms How the business pays the worker. Taxes 2012 forms   An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time. Taxes 2012 forms This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. Taxes 2012 forms An independent contractor is often paid a flat fee or on a time and materials basis for the job. Taxes 2012 forms However, it is common in some professions, such as law, to pay independent contractors hourly. Taxes 2012 forms The extent to which the worker can realize a profit or loss. Taxes 2012 forms   An independent contractor can make a profit or loss. Taxes 2012 forms Type of relationship. Taxes 2012 forms   Facts that show the parties' type of relationship include: Written contracts describing the relationship the parties intended to create. Taxes 2012 forms Whether or not the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. Taxes 2012 forms The permanency of the relationship. Taxes 2012 forms If you engage a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that your intent was to create an employer-employee relationship. Taxes 2012 forms The extent to which services performed by the worker are a key aspect of the regular business of the company. Taxes 2012 forms If a worker provides services that are a key aspect of your regular business activity, it is more likely that you will have the right to direct and control his or her activities. Taxes 2012 forms For example, if a law firm hires an attorney, it is likely that it will present the attorney's work as its own and would have the right to control or direct that work. Taxes 2012 forms This would indicate an employer-employee relationship. Taxes 2012 forms IRS help. Taxes 2012 forms   If you want the IRS to determine whether or not a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS. Taxes 2012 forms Industry Examples The following examples may help you properly classify your workers. Taxes 2012 forms Building and Construction Industry Example 1. Taxes 2012 forms Jerry Jones has an agreement with Wilma White to supervise the remodeling of her house. Taxes 2012 forms She did not advance funds to help him carry on the work. Taxes 2012 forms She makes direct payments to the suppliers for all necessary materials. Taxes 2012 forms She carries liability and workers' compensation insurance covering Jerry and others that he engaged to assist him. Taxes 2012 forms She pays them an hourly rate and exercises almost constant supervision over the work. Taxes 2012 forms Jerry is not free to transfer his assistants to other jobs. Taxes 2012 forms He may not work on other jobs while working for Wilma. Taxes 2012 forms He assumes no responsibility to complete the work and will incur no contractual liability if he fails to do so. Taxes 2012 forms He and his assistants perform personal services for hourly wages. Taxes 2012 forms Jerry Jones and his assistants are employees of Wilma White. Taxes 2012 forms Example 2. Taxes 2012 forms Milton Manning, an experienced tile setter, orally agreed with a corporation to perform full-time services at construction sites. Taxes 2012 forms He uses his own tools and performs services in the order designated by the corporation and according to its specifications. Taxes 2012 forms The corporation supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers' compensation insurance on him. Taxes 2012 forms He does not have a place of business or hold himself out to perform similar services for others. Taxes 2012 forms Either party can end the services at any time. Taxes 2012 forms Milton Manning is an employee of the corporation. Taxes 2012 forms Example 3. Taxes 2012 forms Wallace Black agreed with the Sawdust Co. Taxes 2012 forms to supply the construction labor for a group of houses. Taxes 2012 forms The company agreed to pay all construction costs. Taxes 2012 forms However, he supplies all the tools and equipment. Taxes 2012 forms He performs personal services as a carpenter and mechanic for an hourly wage. Taxes 2012 forms He also acts as superintendent and foreman and engages other individuals to assist him. Taxes 2012 forms The company has the right to select, approve, or discharge any helper. Taxes 2012 forms A company representative makes frequent inspections of the construction site. Taxes 2012 forms When a house is finished, Wallace is paid a certain percentage of its costs. Taxes 2012 forms He is not responsible for faults, defects of construction, or wasteful operation. Taxes 2012 forms At the end of each week, he presents the company with a statement of the amount that he has spent, including the payroll. Taxes 2012 forms The company gives him a check for that amount from which he pays the assistants, although he is not personally liable for their wages. Taxes 2012 forms Wallace Black and his assistants are employees of the Sawdust Co. Taxes 2012 forms Example 4. Taxes 2012 forms Bill Plum contracted with Elm Corporation to complete the roofing on a housing complex. Taxes 2012 forms A signed contract established a flat amount for the services rendered by Bill Plum. Taxes 2012 forms Bill is a licensed roofer and carries workers' compensation and liability insurance under the business name, Plum Roofing. Taxes 2012 forms He hires his own roofers who are treated as employees for federal employment tax purposes. Taxes 2012 forms If there is a problem with the roofing work, Plum Roofing is responsible for paying for any repairs. Taxes 2012 forms Bill Plum, doing business as Plum Roofing, is an independent contractor. Taxes 2012 forms Example 5. Taxes 2012 forms Vera Elm, an electrician, submitted a job estimate to a housing complex for electrical work at $16 per hour for 400 hours. Taxes 2012 forms She is to receive $1,280 every 2 weeks for the next 10 weeks. Taxes 2012 forms This is not considered payment by the hour. Taxes 2012 forms Even if she works more or less than 400 hours to complete the work, Vera Elm will receive $6,400. Taxes 2012 forms She also performs additional electrical installations under contracts with other companies, that she obtained through advertisements. Taxes 2012 forms Vera is an independent contractor. Taxes 2012 forms Trucking Industry Example. Taxes 2012 forms Rose Trucking contracts to deliver material for Forest, Inc. Taxes 2012 forms , at $140 per ton. Taxes 2012 forms Rose Trucking is not paid for any articles that are not delivered. Taxes 2012 forms At times, Jan Rose, who operates as Rose Trucking, may also lease another truck and engage a driver to complete the contract. Taxes 2012 forms All operating expenses, including insurance coverage, are paid by Jan Rose. Taxes 2012 forms All equipment is owned or rented by Jan and she is responsible for all maintenance. Taxes 2012 forms None of the drivers are provided by Forest, Inc. Taxes 2012 forms Jan Rose, operating as Rose Trucking, is an independent contractor. Taxes 2012 forms Computer Industry Example. Taxes 2012 forms Steve Smith, a computer programmer, is laid off when Megabyte, Inc. Taxes 2012 forms , downsizes. Taxes 2012 forms Megabyte agrees to pay Steve a flat amount to complete a one-time project to create a certain product. Taxes 2012 forms It is not clear how long that it will take to complete the project, and Steve is not guaranteed any minimum payment for the hours spent on the program. Taxes 2012 forms Megabyte provides Steve with no instructions beyond the specifications for the product itself. Taxes 2012 forms Steve and Megabyte have a written contract, which provides that Steve is considered to be an independent contractor, is required to pay federal and state taxes, and receives no benefits from Megabyte. Taxes 2012 forms Megabyte will file Form 1099-MISC, Miscellaneous Income, to report the amount paid to Steve. Taxes 2012 forms Steve works at home and is not expected or allowed to attend meetings of the software development group. Taxes 2012 forms Steve is an independent contractor. Taxes 2012 forms Automobile Industry Example 1. Taxes 2012 forms Donna Lee is a salesperson employed on a full-time basis by Bob Blue, an auto dealer. Taxes 2012 forms She works six days a week and is on duty in Bob's showroom on certain assigned days and times. Taxes 2012 forms She appraises trade-ins, but her appraisals are subject to the sales manager's approval. Taxes 2012 forms Lists of prospective customers belong to the dealer. Taxes 2012 forms She is required to develop leads and report results to the sales manager. Taxes 2012 forms Because of her experience, she requires only minimal assistance in closing and financing sales and in other phases of her work. Taxes 2012 forms She is paid a commission and is eligible for prizes and bonuses offered by Bob. Taxes 2012 forms Bob also pays the cost of health insurance and group-term life insurance for Donna. Taxes 2012 forms Donna is an employee of Bob Blue. Taxes 2012 forms Example 2. Taxes 2012 forms Sam Sparks performs auto repair services in the repair department of an auto sales company. Taxes 2012 forms He works regular hours and is paid on a percentage basis. Taxes 2012 forms He has no investment in the repair department. Taxes 2012 forms The sales company supplies all facilities, repair parts, and supplies; issues instructions on the amounts to be charged, parts to be used, and the time for completion of each job; and checks all estimates and repair orders. Taxes 2012 forms Sam is an employee of the sales company. Taxes 2012 forms Example 3. Taxes 2012 forms An auto sales agency furnishes space for Helen Bach to perform auto repair services. Taxes 2012 forms She provides her own tools, equipment, and supplies. Taxes 2012 forms She seeks out business from insurance adjusters and other individuals and does all of the body and paint work that comes to the agency. Taxes 2012 forms She hires and discharges her own helpers, determines her own and her helpers' working hours, quotes prices for repair work, makes all necessary adjustments, assumes all losses from uncollectible accounts, and receives, as compensation for her services, a large percentage of the gross collections from the auto repair shop. Taxes 2012 forms Helen is an independent contractor and the helpers are her employees. Taxes 2012 forms Attorney Example. Taxes 2012 forms Donna Yuma is a sole practitioner who rents office space and pays for the following items: telephone, computer, on-line legal research linkup, fax machine, and photocopier. Taxes 2012 forms Donna buys office supplies and pays bar dues and membership dues for three other professional organizations. Taxes 2012 forms Donna has a part-time receptionist who also does the bookkeeping. Taxes 2012 forms She pays the receptionist, withholds and pays federal and state employment taxes, and files a Form W-2 each year. Taxes 2012 forms For the past 2 years, Donna has had only three clients, corporations with which there have been long-standing relationships. Taxes 2012 forms Donna charges the corporations an hourly rate for her services, sending monthly bills detailing the work performed for the prior month. Taxes 2012 forms The bills include charges for long distance calls, on-line research time, fax charges, photocopies, postage, and travel, costs for which the corporations have agreed to reimburse her. Taxes 2012 forms Donna is an independent contractor. Taxes 2012 forms Taxicab Driver Example. Taxes 2012 forms Tom Spruce rents a cab from Taft Cab Co. Taxes 2012 forms for $150 per day. Taxes 2012 forms He pays the costs of maintaining and operating the cab. Taxes 2012 forms Tom Spruce keeps all fares that he receives from customers. Taxes 2012 forms Although he receives the benefit of Taft's two-way radio communication equipment, dispatcher, and advertising, these items benefit both Taft and Tom Spruce. Taxes 2012 forms Tom Spruce is an independent contractor. Taxes 2012 forms Salesperson To determine whether salespersons are employees under the usual common-law rules, you must evaluate each individual case. Taxes 2012 forms If a salesperson who works for you does not meet the tests for a common-law employee, discussed earlier in this section, you do not have to withhold federal income tax from his or her pay (see Statutory Employees in section 1). Taxes 2012 forms However, even if a salesperson is not an employee under the usual common-law rules for income tax withholding, his or her pay may still be subject to social security, Medicare, and FUTA taxes as a statutory employee. Taxes 2012 forms To determine whether a salesperson is an employee for social security, Medicare, and FUTA tax purposes, the salesperson must meet all eight elements of the statutory employee test. Taxes 2012 forms A salesperson is a statutory employee for social security, Medicare, and FUTA tax purposes if he or she: Works full time for one person or company except, possibly, for sideline sales activities on behalf of some other person, Sells on behalf of, and turns his or her orders over to, the person or company for which he or she works, Sells to wholesalers, retailers, contractors, or operators of hotels, restaurants, or similar establishments, Sells merchandise for resale, or supplies for use in the customer's business, Agrees to do substantially all of this work personally, Has no substantial investment in the facilities used to do the work, other than in facilities for transportation, Maintains a continuing relationship with the person or company for which he or she works, and Is not an employee under common-law rules. Taxes 2012 forms 3. Taxes 2012 forms Employees of Exempt Organizations Many nonprofit organizations are exempt from federal income tax. Taxes 2012 forms Although they do not have to pay federal income tax themselves, they must still withhold federal income tax from the pay of their employees. Taxes 2012 forms However, there are special social security, Medicare, and FUTA tax rules that apply to the wages that they pay their employees. Taxes 2012 forms Section 501(c)(3) organizations. Taxes 2012 forms   Nonprofit organizations that are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code include any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, fostering national or international amateur sports competition, or for the prevention of cruelty to children or animals. Taxes 2012 forms These organizations are usually corporations and are exempt from federal income tax under section 501(a). Taxes 2012 forms Social security and Medicare taxes. Taxes 2012 forms   Wages paid to employees of section 501(c)(3) organizations are subject to social security and Medicare taxes unless one of the following situations applies. Taxes 2012 forms The organization pays an employee less than $100 in a calendar year. Taxes 2012 forms The organization is a church or church-controlled organization opposed for religious reasons to the payment of social security and Medicare taxes and has filed Form 8274, Certification by Churches and Qualified Church-Controlled Organizations Electing Exemption From Employer Social Security and Medicare Taxes, to elect exemption from social security and Medicare taxes. Taxes 2012 forms The organization must have filed for exemption before the first date on which a quarterly employment tax return (Form 941) or annual employment tax return (Form 944) would otherwise be due. Taxes 2012 forms   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes must pay self-employment tax if the employee is paid $108. Taxes 2012 forms 28 or more in a year. Taxes 2012 forms However, an employee who is a member of a qualified religious sect can apply for an exemption from the self-employment tax by filing Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. Taxes 2012 forms See Members of recognized religious sects opposed to insurance in section 4. Taxes 2012 forms FUTA tax. Taxes 2012 forms   An organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code is also exempt from FUTA tax. Taxes 2012 forms This exemption cannot be waived. Taxes 2012 forms Do not file Form 940 to report wages paid by these organizations or pay the tax. Taxes 2012 forms Note. Taxes 2012 forms An organization wholly owned by a state or its political subdivision should contact the appropriate state official for information about reporting and getting social security and Medicare coverage for its employees. Taxes 2012 forms Other than section 501(c)(3) organizations. Taxes 2012 forms   Nonprofit organizations that are not section 501(c)(3) organizations may also be exempt from federal income tax under section 501(a) or section 521. Taxes 2012 forms However, these organizations are not exempt from withholding federal income, social security, or Medicare tax from their employees' pay, or from paying FUTA tax. Taxes 2012 forms Two special rules for social security, Medicare, and FUTA taxes apply. Taxes 2012 forms If an employee is paid less than $100 during a calendar year, his or her wages are not subject to social security and Medicare taxes. Taxes 2012 forms If an employee is paid less than $50 in a calendar quarter, his or her wages are not subject to FUTA tax for the quarter. Taxes 2012 forms The above rules do not apply to employees who work for pension plans and other similar organizations described in section 401(a). Taxes 2012 forms 4. Taxes 2012 forms Religious Exemptions and Special Rules for Ministers Special rules apply to the treatment of ministers for social security and Medicare tax purposes. Taxes 2012 forms An exemption from social security and Medicare taxes is available for ministers and certain other religious workers and members of certain recognized religious sects. Taxes 2012 forms For more information on getting an exemption, see Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. Taxes 2012 forms Ministers. Taxes 2012 forms   Ministers are individuals who are duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination. Taxes 2012 forms They are given the authority to conduct religious worship, perform sacerdotal functions, and administer ordinances and sacraments according to the prescribed tenets and practices of that religious organization. Taxes 2012 forms   Ministers are employees if they perform services in the exercise of ministry and are subject to your will and control. Taxes 2012 forms The common-law rules discussed in section 1 and section 2 should be applied to determine whether a minister is your employee or is self-employed. Taxes 2012 forms Whether the minister is an employee or self-employed, the earnings of a minister are not subject to federal income, social security, and Medicare tax withholding. Taxes 2012 forms However, even if the minister is a common law employee, the earnings as reported on the minister's Form 1040 are subject to self-employment tax and federal income tax. Taxes 2012 forms You do not withhold these taxes from wages earned by a minister, but if the minister is your employee, you may agree with the minister to voluntarily withhold tax to cover the minister's liability for self-employment tax and federal income tax. Taxes 2012 forms For more information, see Publication 517. Taxes 2012 forms Form W-2. Taxes 2012 forms   If your minister is an employee, report all taxable compensation as wages in box 1 on Form W-2. Taxes 2012 forms Include in this amount expense allowances or reimbursements paid under a nonaccountable plan, discussed in section 5 of Publication 15 (Circular E). Taxes 2012 forms Do not include a parsonage allowance (excludable housing allowance) in this amount. Taxes 2012 forms You may report a designated parsonage or rental allowance (housing allowance) and a utilities allowance, or the rental value of housing provided in a separate statement or in box 14 on Form W-2. Taxes 2012 forms Do not show on Form W-2, Form 941, or Form 944 any amount as social security or Medicare wages, or any withholding for social security or Medicare taxes. Taxes 2012 forms If you withheld federal income tax from the minister under a voluntary agreement, this amount should be shown in box 2 on Form W-2 as federal income tax withheld. Taxes 2012 forms For more information on ministers, see Publication 517. Taxes 2012 forms Exemptions for ministers and others. Taxes 2012 forms   Certain ordained ministers, Christian Science practitioners, and members of religious orders who have not taken a vow of poverty may apply to exempt their earnings from self-employment tax on religious grounds. Taxes 2012 forms The application must be based on conscientious opposition because of personal considerations to public insurance that makes payments in the event of death, disability, old age, or retirement, or that makes payments toward the cost of, or provides services for, medical care, including social security and Medicare benefits. Taxes 2012 forms The exemption applies only to qualified services performed for the religious organization. Taxes 2012 forms See Revenue Procedure 91-20, 1991-1 C. Taxes 2012 forms B. Taxes 2012 forms 524, for guidelines to determine whether an organization is a religious order or whether an individual is a member of a religious order. Taxes 2012 forms   To apply for the exemption, the employee should file Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners. Taxes 2012 forms See Publication 517 for more information about claiming an exemption from self-employment tax using Form 4361. Taxes 2012 forms Members of recognized religious sects opposed to insurance. Taxes 2012 forms   If you belong to a recognized religious sect or to a division of such sect that is opposed to insurance, you may qualify for an exemption from the self-employment tax. Taxes 2012 forms To qualify, you must be conscientiously opposed to accepting the benefits of any public or private insurance that makes payments because of death, disability, old age, or retirement, or makes payments toward the cost of, or provides services for, medical care (including social security and Medicare benefits). Taxes 2012 forms If you buy a retirement annuity from an insurance company, you will not be eligible for this exemption. Taxes 2012 forms Religious opposition based on the teachings of the sect is the only legal basis for the exemption. Taxes 2012 forms In addition, your religious sect (or division) must have existed since December 31, 1950. Taxes 2012 forms Self-employed. Taxes 2012 forms   If you are self-employed and a member of a recognized religious sect opposed to insurance, you can apply for exemption by filing Form 4029 to waive all social security and Medicare benefits. Taxes 2012 forms Employees. Taxes 2012 forms   The social security and Medicare tax exemption available to the self-employed who are members of a recognized religious sect opposed to insurance is also available to their employees who are members of such a sect. Taxes 2012 forms This applies to partnerships only if each partner is a member of the sect. Taxes 2012 forms This exemption for employees applies only if both the employee and the employer are members of such a sect, and the employer has an exemption. Taxes 2012 forms To get the exemption, the employee must file Form 4029. Taxes 2012 forms   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes can also apply for an exemption on Form 4029. Taxes 2012 forms 5. Taxes 2012 forms Wages and Other Compensation Publication 15 (Circular E) provides a general discussion of taxable wages. Taxes 2012 forms Publication 15-B discusses fringe benefits. Taxes 2012 forms The following topics supplement those discussions. Taxes 2012 forms Relocating for Temporary Work Assignments If an employee is given a temporary work assignment away from his or her regular place of work, certain travel expenses reimbursed or paid directly by the employer in accordance with an accountable plan (see section 5 in Publication 15 (Circular E)) may be excludable from the employee's wages. Taxes 2012 forms Generally, a temporary work assignment in a single location is one that is realistically expected to last (and does in fact last) for 1 year or less. Taxes 2012 forms If the employee's new work assignment is indefinite, any living expenses reimbursed or paid by the employer (other than qualified moving expenses) must be included in the employee's wages as compensation. Taxes 2012 forms For the travel expenses to be excludable: The new work location must be outside of the city or general area of the employee's regular work place or post of duty, The travel expenses must otherwise qualify as deductible by the employee, and The expenses must be for the period during which the employee is at the temporary work location. Taxes 2012 forms If you reimburse or pay any personal expenses of an employee during his or her temporary work assignment, such as expenses for home leave for family members or for vacations, these amounts must be included in the employee's wages. Taxes 2012 forms See chapter 1 of Publication 463, Travel, Entertainment, Gift, and Car Expenses, and section 5 of Publication 15 (Circular E), for more information. Taxes 2012 forms These rules generally apply to temporary work assignments both inside and outside the U. Taxes 2012 forms S. Taxes 2012 forms Employee Achievement Awards Do not withhold federal income, social security, or Medicare taxes on the fair market value of an employee achievement award if it is excludable from your employee's gross income. Taxes 2012 forms To be excludable from your employee's gross income, the award must be tangible personal property (not cash, gift certificates, or securities) given to an employee for length of service or safety achievement, awarded as part of a meaningful presentation, and awarded under circumstances that do not indicate that the payment is disguised compensation. Taxes 2012 forms Excludable employee achievement awards also are not subject to FUTA tax. Taxes 2012 forms Limits. Taxes 2012 forms   The most that you can exclude for the cost of all employee achievement awards to the same employee for the year is $400. Taxes 2012 forms A higher limit of $1,600 applies to qualified plan awards. Taxes 2012 forms Qualified plan awards are employee achievement awards under a written plan that does not discriminate in favor of highly compensated employees. Taxes 2012 forms An award cannot be treated as a qualified plan award if the average cost per recipient of all awards under all of your qualified plans is more than $400. Taxes 2012 forms   If during the year an employee receives awards not made under a qualified plan and also receives awards under a qualified plan, the exclusion for the total cost of all awards to that employee cannot be more than $1,600. Taxes 2012 forms The $400 and $1,600 limits cannot be added together to exclude more than $1,600 for the cost of awards to any one employee during the year. Taxes 2012 forms Scholarship and Fellowship Payments Only amounts that you pay as a qualified scholarship to a candidate for a degree may be excluded from the recipient's gross income. Taxes 2012 forms A qualified scholarship is any amount granted as a scholarship or fellowship that is used for: Tuition and fees required to enroll in, or to attend, an educational institution, or Fees, books, supplies, and equipment that are required for courses at the educational institution. Taxes 2012 forms The exclusion from income does not apply to the portion of any amount received that represents payment for teaching, research, or other services required as a condition of receiving the scholarship or tuition reduction. Taxes 2012 forms These amounts are reportable on Form W-2. Taxes 2012 forms However, the exclusion will still apply for any amount received under two specific programs—the National Health Service Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program—despite any service condition attached to those amounts. Taxes 2012 forms Any amounts that you pay for room and board are not excludable from the recipient's gross income. Taxes 2012 forms A qualified scholarship is not subject to social security, Medicare, and FUTA taxes, or federal income tax withholding. Taxes 2012 forms For more information, see Publication 970, Tax Benefits for Education. Taxes 2012 forms Outplacement Services If you provide outplacement services to your employees to help them find new employment (such as career counseling, resume assistance, or skills assessment), the value of these benefits may be income to them and subject to all withholding taxes. Taxes 2012 forms However, the value of these services will not be subject to any employment taxes if: You derive a substantial business benefit from providing the services (such as improved employee morale or business image) separate from the benefit that you would receive from the mere payment of additional compensation, and The employee would be able to deduct the cost of the services as employee business expenses if he or she had paid for them. Taxes 2012 forms However, if you receive no additional benefit from providing the services, or if the services are not provided on the basis of employee need, then the value of the services is treated as wages and is subject to federal income tax withholding and social security and Medicare taxes. Taxes 2012 forms Similarly, if an employee receives the outplacement services in exchange for reduced severance pay (or other taxable compensation), then the amount the severance pay is reduced is treated as wages for employment tax purposes. Taxes 2012 forms Withholding for Idle Time Payments made under a voluntary guarantee to employees for idle time (any time during which an employee performs no services) are wages for the purposes of social security, Medicare, and FUTA taxes, and federal income tax withholding. Taxes 2012 forms Back Pay Treat back pay as wages in the year paid and withhold and pay employment taxes as required. Taxes 2012 forms If back pay was awarded by a court or government agency to enforce a federal or state statute protecting an employee's right to employment or wages, special rules apply for reporting those wages to the Social Security Administration. Taxes 2012 forms These rules also apply to litigation actions and settlement agreements or agency directives that are resolved out of court and not under a court decree or order. Taxes 2012 forms Examples of pertinent statutes include, but are not limited to, the National Labor Relations Act, Fair Labor Standards Act, Equal Pay Act, and Age Discrimination in Employment Act. Taxes 2012 forms See Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration, and Form SSA-131, Employer Report of Special Wage Payments, for details. Taxes 2012 forms Supplemental Unemployment Benefits If you pay, under a plan, supplemental unemployment benefits to a former employee, all or part of the payments may be taxable and subject to federal income tax withholding, depending on how the plan is funded. Taxes 2012 forms Amounts that represent a return to the employee of amounts previously subject to tax are not taxable and are not subject to withholding. Taxes 2012 forms You should withhold federal income tax on the taxable part of the payments made, under a plan, to an employee who is involuntarily separated because of a reduction in force, discontinuance of a plant or operation, or other similar condition. Taxes 2012 forms It does not matter whether the separation is temporary or permanent. Taxes 2012 forms There are special rules that apply in determining whether benefits qualify as supplemental unemployment benefits that are excluded from wages for social security, Medicare, and FUTA tax purposes. Taxes 2012 forms To qualify as supplemental unemployment benefits for these purposes, the benefits must meet the following requirements. Taxes 2012 forms Benefits are paid only to unemployed former employees who are laid off by the employer. Taxes 2012 forms Eligibility for benefits depends on meeting prescribed conditions after termination. Taxes 2012 forms The amount of weekly benefits payable is based upon state unemployment benefits, other compensation allowable under state law, and the amount of regular weekly pay. Taxes 2012 forms The right to benefits does not accrue until a prescribed period after termination. Taxes 2012 forms Benefits are not attributable to the performance of particular services. Taxes 2012 forms No employee has any right to the benefits until qualified and eligible to receive benefits. Taxes 2012 forms Benefits may not be paid in a lump sum. Taxes 2012 forms Withholding on taxable supplemental unemployment benefits must be based on the withholding certificate (Form W-4) that the employee gave to you. Taxes 2012 forms Golden Parachute Payments A golden parachute payment, in general, is a payment made under a contract entered into by a corporation and key personnel. Taxes 2012 forms Under the agreement, the corporation agrees to pay certain amounts to its key personnel in the event of a change in ownership or control of the corporation. Taxes 2012 forms Payments to employees under golden parachute contracts are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. Taxes 2012 forms See Regulations section 1. Taxes 2012 forms 280G-1 for more information. Taxes 2012 forms No deduction is allowed to the corporation for any excess parachute payment. Taxes 2012 forms To determine the amount of the excess parachute payment, you must first determine if there is a parachute payment for purposes of section 280G. Taxes 2012 forms A parachute payment for purposes of section 280G is any payment that meets all of the following. Taxes 2012 forms The payment is in the nature of compensation. Taxes 2012 forms The payment is to, or for the benefit of, a disqualified individual. Taxes 2012 forms A disqualified individual is anyone who at any time during the 12-month period prior to and ending on the date of the change in ownership or control of the corporation (the disqualified individual determination period) was an employee or independent contractor and was, in regard to that corporation, a shareholder, an officer, or highly compensated individual. Taxes 2012 forms The payment is contingent on a change in ownership of the corporation, the effective control of the corporation, or the ownership of a substantial portion of the assets of the corporation. Taxes 2012 forms The payment has an aggregate present value of at least three times the individual's base amount. Taxes 2012 forms The base amount is the average annual compensation for service includible in the individual's gross income over the most recent 5 taxable years. Taxes 2012 forms An excess parachute payment amount is the excess of any parachute payment over the base amount. Taxes 2012 forms For more information, see Regulations section 1. Taxes 2012 forms 280G-1. Taxes 2012 forms The recipient of an excess parachute payment is subject to a 20% nondeductible excise tax. Taxes 2012 forms If the recipient is an employee, the 20% excise tax is to be withheld by the corporation. Taxes 2012 forms Example. Taxes 2012 forms An officer of a corporation receives a golden parachute payment of $400,000. Taxes 2012 forms This is more than three times greater than his or her average compensation of $100,000 over the previous 5-year period. Taxes 2012 forms The excess parachute payment is $300,000 ($400,000 minus $100,000). Taxes 2012 forms The corporation cannot deduct the $300,000 and must withhold the excise tax of $60,000 (20% of $300,000). Taxes 2012 forms Reporting golden parachute payments. Taxes 2012 forms   Golden parachute payments to employees must be reported on Form W-2. Taxes 2012 forms See the General Instructions for Forms W-2 and W-3 for details. Taxes 2012 forms For nonemployee reporting of these payments, see Box 7. Taxes 2012 forms Nonemployee Compensation in the Instructions for Form 1099-MISC. Taxes 2012 forms Exempt payments. Taxes 2012 forms   Payments by most small business corporations and payments under certain qualified plans are exempt from the golden parachute rules. Taxes 2012 forms See section 280G(b)(5) and (6) for more information. Taxes 2012 forms Interest-Free and Below-Market-Interest-Rate Loans In general, if an employer lends an employee more than $10,000 at an interest rate less than the current applicable federal rate (AFR), the difference between the interest paid and the interest that would be paid under the AFR is considered additional compensation to the employee. Taxes 2012 forms This rule applies to a loan of $10,000 or less if one of its principal purposes is the avoidance of federal tax. Taxes 2012 forms This additional compensation to the employee is subject to social security, Medicare, and FUTA taxes, but not to federal income tax withholding. Taxes 2012 forms Include it in compensation on Form W-2 (or Form 1099-MISC for an independent contractor). Taxes 2012 forms The AFR is established monthly and published by the IRS each month in the Internal Revenue Bulletin. Taxes 2012 forms You can get these rates by calling 1-800-829-4933 or by visiting IRS. Taxes 2012 forms gov. Taxes 2012 forms For more information, see section 7872 and its related regulations. Taxes 2012 forms Leave Sharing Plans If you establish a leave sharing plan for your employees that allows them to transfer leave to other employees for medical emergencies, the amounts paid to the recipients of the leave are considered wages. Taxes 2012 forms These amounts are includible in the gross income of the recipients and are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. Taxes 2012 forms Do not include these amounts in the income of the transferors. Taxes 2012 forms These rules apply only to leave sharing plans that permit employees to transfer leave to other employees for medical emergencies. Taxes 2012 forms Nonqualified Deferred Compensation Plans Income Tax and Reporting Section 409A provides that all amounts deferred under a nonqualified deferred compensation (NQDC) plan for all tax years are currently includible in gross income (to the extent not subject to a substantial risk of forfeiture and not previously included in gross income) and subject to additional taxes, unless certain requirements are met pertaining to, among other things, elections to defer compensation and distributions under a NQDC plan. Taxes 2012 forms Section 409A also includes rules that apply to certain trusts or similar arrangements associated with NQDC plans if the trusts or arrangements are located outside of the United States, are restricted to the provision of benefits in connection with a decline in the financial health of the plan sponsor, or contributions are made to the trust during certain periods such as when a qualified plan of the service recipient is underfunded. Taxes 2012 forms Employers must withhold federal income tax (but not the additional Section 409A taxes) on any amount includible in gross income under section 409A. Taxes 2012 forms Other changes to the Internal Revenue Code provide that the deferrals under a NQDC plan must be reported separately on Form W-2 or Form 1099-MISC, whichever applies. Taxes 2012 forms Specific rules for reporting are provided in the instructions to the forms. Taxes 2012 forms The provisions do not affect the application or reporting of social security, Medicare, or FUTA taxes. Taxes 2012 forms The provisions do not prevent the inclusion of amounts in income or wages under other provisions of the Internal Revenue Code or common law principles, such as when amounts are actually or constructively received or irrevocably contributed to a separate fund. Taxes 2012 forms For more information about nonqualified deferred compensation plans, see Regulations sections 1. Taxes 2012 forms 409A-1 through 1. Taxes 2012 forms 409A-6. Taxes 2012 forms Notice 2008-113 provides guidance on the correction of certain operation failures of a NQDC plan. Taxes 2012 forms Notice 2008-113, 2008-51 I. Taxes 2012 forms R. Taxes 2012 forms B. Taxes 2012 forms 1305, is available at www. Taxes 2012 forms irs. Taxes 2012 forms gov/irb/2008-51_IRB/ar12. Taxes 2012 forms html. Taxes 2012 forms Also see Notice 2010-6, 2010-3 I. Taxes 2012 forms R. Taxes 2012 forms B. Taxes 2012 forms 275, available at www. Taxes 2012 forms irs. Taxes 2012 forms gov/irb/2010-03_IRB/ar08. Taxes 2012 forms html and Notice 2010-80, 2010-51 I. Taxes 2012 forms R. Taxes 2012 forms B. Taxes 2012 forms 853, available at www. Taxes 2012 forms irs. Taxes 2012 forms gov/irb/2010-51_IRB/ar08. Taxes 2012 forms html. Taxes 2012 forms Social security, Medicare, and FUTA taxes. Taxes 2012 forms   Employer contributions to nonqualified deferred compensation (NQDC) plans, as defined in the applicable regulations, are treated as wages subject to social security, Medicare, and FUTA taxes when the services are performed or the employee no longer has a substantial risk of forfeiting the right to the deferred compensation, whichever is later. Taxes 2012 forms   Amounts deferred are subject to social security, Medicare, and FUTA taxes at that time unless the amount that is deferred cannot be reasonably ascertained; for example, if benefits are based on final pay. Taxes 2012 forms If the value of the future benefit is based on any factors that are not yet reasonably ascertainable, you may choose to estimate the value of the future benefit and withhold and pay social security, Medicare, and FUTA taxes on that amount. Taxes 2012 forms You will have to determine later, when the amount is reasonably ascertainable, whether any additional taxes are required. Taxes 2012 forms If taxes are not paid before the amounts become reasonably ascertainable, when the amounts become reasonably ascertainable they are subject to social security, Medicare, and FUTA taxes on the amounts deferred plus the income attributable to those amounts deferred. Taxes 2012 forms For more information, see Regulations sections 31. Taxes 2012 forms 3121(v)(2)-1 and 31. Taxes 2012 forms 3306(r)(2)-1. Taxes 2012 forms Tax-Sheltered Annuities Employer payments made by a public educational institution or a tax-exempt organization to purchase a tax-sheltered annuity for an employee (annual deferrals) are included in the employee's social security and Medicare wages, if the payments are made because of a salary reduction agreement. Taxes 2012 forms However, they are not included in box 1 on Form W-2 in the year the deferrals are made and are not subject to federal income tax withholding. Taxes 2012 forms See Regulations section 31. Taxes 2012 forms 3121(a)(5)-2 for the definition of a salary reduction agreement. Taxes 2012 forms Contributions to a Simplified Employee Pension (SEP) An employer's SEP contributions to an employee's individual retirement arrangement (IRA) are excluded from the employee's gross income. Taxes 2012 forms These excluded amounts are not subject to social security, Medicare, or FUTA taxes, or federal income tax withholding. Taxes 2012 forms However, any SEP contributions paid under a salary reduction agreement (SARSEP) are included in wages for purposes of social security, Medicare, and FUTA taxes. Taxes 2012 forms See Publication 560 for more information about SEPs. Taxes 2012 forms Salary reduction simplified employee pensions (SARSEP) repealed. Taxes 2012 forms   You may not establish a SARSEP after 1996. Taxes 2012 forms However, SARSEPs established before January 1, 1997, may continue to receive contributions. Taxes 2012 forms SIMPLE Retirement Plans Employer and employee contributions to a savings incentive match plan for employees (SIMPLE) retirement account (subject to limitations) are excludable from the employee's income and are exempt from federal income tax withholding. Taxes 2012 forms An employer's nonelective (2%) or matching contributions are exempt from social security, Medicare, and FUTA taxes. Taxes 2012 forms However, an employee's salary reduction contributions to a SIMPLE are subject to social security, Medicare, and FUTA taxes. Taxes 2012 forms For more information about SIMPLE retirement plans, see Publication 560. Taxes 2012 forms 6. Taxes 2012 forms Sick Pay Reporting The IRS expects to change the third-party sick pay recap reporting and filing requirements for wages paid in 2014. Taxes 2012 forms Information about this change will be included in the revision of Publication 15-A that is expected to post to IRS. Taxes 2012 forms gov in December 2014. Taxes 2012 forms Special rules apply to the reporting of sick pay payments to employees. Taxes 2012 forms How these payments are reported depends on whether the payments are made by the employer or a third party, such as an insurance company. Taxes 2012 forms Sick pay is usually subject to social security, Medicare, and FUTA taxes. Taxes 2012 forms For exceptions, see Social Security, Medicare, and FUTA Taxes on Sick Pay , later in this section. Taxes 2012 forms Sick pay may also be subject to either mandatory or voluntary federal income tax withholding, depending on who pays it. Taxes 2012 forms Sick Pay Sick pay generally means any amount paid under a plan because of an employee's temporary absence from work due to injury, sickness, or disability. Taxes 2012 forms It may be paid by either the employer or a third party, such as an insurance company. Taxes 2012 forms Sick pay includes both short- and long-term benefits. Taxes 2012 forms It is often expressed as a percentage of the employee's regular wages. Taxes 2012 forms Payments That Are Not Sick Pay Sick pay does not include the following payments. Taxes 2012 forms Disability retirement payments. Taxes 2012 forms Disability retirement payments are not sick pay and are not discussed in this section. Taxes 2012 forms Those payments are subject to the rules for federal income tax withholding from pensions and annuities. Taxes 2012 forms See section 8. Taxes 2012 forms Workers' compensation. Taxes 2012 forms Payments because of a work-related injury or sickness that are made under a workers' compensation law are not sick pay and are not subject to employment taxes. Taxes 2012 forms But see Payments in the nature of workers' compensation—public employees next. Taxes 2012 forms Payments in the nature of workers' compensation—public employees. Taxes 2012 forms State and local government employees, such as police officers and firefighters, sometimes receive payments due to an injury in the line of duty under a statute that is not the general workers' compensation law of a state. Taxes 2012 forms If the statute limits benefits to work-related injuries or sickness and does not base payments on the employee's age, length of service, or prior contributions, the statute is “in the nature of” a workers' compensation law. Taxes 2012 forms Payments under a statute in the nature of a workers' compensation law are not sick pay and are not subject to employment taxes. Taxes 2012 forms For more information, see Regulations section 31. Taxes 2012 forms 3121(a)(2)-1. Taxes 2012 forms Medical expense payments. Taxes 2012 forms Payments under a definite plan or system for medical and hospitalization expenses, or for insurance covering these expenses, are not sick pay and are not subject to employment taxes. Taxes 2012 forms Payments unrelated to absence from work. Taxes 2012 forms Accident or health insurance payments unrelated to absence from work are not sick pay and are not subject to employment taxes. Taxes 2012 forms These include payments for: Permanent loss of a member or function of the body, Permanent loss of the use of a member or function of the body, or Permanent disfigurement of the body. Taxes 2012 forms Example. Taxes 2012 forms Donald was injured in a car accident and lost an eye. Taxes 2012 forms Under a policy paid for by Donald's employer, Delta Insurance Co. Taxes 2012 forms paid Donald $20,000 as compensation for the loss of his eye. Taxes 2012 forms Because the payment was determined by the type of injury and was unrelated to Donald's absence from work, it is not sick pay and is not subject to federal employment taxes. Taxes 2012 forms Sick Pay Plan A sick pay plan is a plan or system established by an employer under which sick pay is available to employees generally or to a class or classes of employees. Taxes 2012 forms This does not include a situation in which benefits are provided on a discretionary or occasional basis with merely an intention to aid particular employees in time of need. Taxes 2012 forms You have a sick pay plan or system if the plan is in writing or is otherwise made known to employees, such as by a bulletin board notice or your long and established practice. Taxes 2012 forms Some indications that you have a sick pay plan or system include references to the plan or system in the contract of employment, employer contributions to a plan, or segregated accounts for the payment of benefits. Taxes 2012 forms Definition of employer. Taxes 2012 forms   The employer for whom the employee normally works, a term used in the following discussion, is either the employer for whom the employee was working at the time that the employee became sick or disabled or the last employer for whom the employee worked before becoming sick or disabled, if that employer made contributions to the sick pay plan on behalf of the sick or disabled employee. Taxes 2012 forms Note. Taxes 2012 forms Contributions to a sick pay plan through a cafeteria plan (by direct employer contributions or salary reduction) are employer contributions unless they are after-tax employee contributions (that is, included in taxable wages). Taxes 2012 forms Third-Party Payers of Sick Pay Employer's agent. Taxes 2012 forms   An employer's agent is a third party that bears no insurance risk and is reimbursed on a cost-plus-fee basis for payment of sick pay and similar amounts. Taxes 2012 forms A third party may be your agent even if the third party is responsible for determining which employees are eligible to receive payments. Taxes 2012 forms For example, if a third party provides administrative services only, the third party is your agent. Taxes 2012 forms If the third party is paid an insurance premium and is not reimbursed on a cost-plus-fee basis, the third party is not your agent. Taxes 2012 forms Whether an insurance company or other third party is your agent depends on the terms of their agreement with you. Taxes 2012 forms   A third party that makes payments of sick pay as your agent is not considered the employer and generally has no responsibility for employment taxes. Taxes 2012 forms This responsibility remains with you. Taxes 2012 forms However, under an exception to this rule, the parties may enter into an agreement that makes the third-party agent responsible for employment taxes. Taxes 2012 forms In this situation, the third-party agent should use its own name and EIN (rather than your name and EIN) for the responsibilities that it has assumed. Taxes 2012 forms Third party not employer's agent. Taxes 2012 forms   A third party that makes payments of sick pay other than as an agent of the employer is liable for federal income tax withholding (if requested by the employee) and the employee part of the social security and Medicare taxes. Taxes 2012 forms   The third party is also liable for the employer part of the social security and Medicare taxes, and the FUTA tax, unless the third party transfers this liability to the employer for whom the employee normally works. Taxes 2012 forms This liability is transferred if the third party takes the following steps. Taxes 2012 forms Withholds the employee social security and Medicare taxes from the sick pay payments. Taxes 2012 forms Makes timely deposits of the employee social security and Medicare taxes. Taxes 2012 forms Notifies the employer for whom the employee normally works of the payments on which employee taxes were withheld and deposited. Taxes 2012 forms The third party must notify the employer within the time required for the third party's deposit of the employee part of the social security and Medicare taxes. Taxes 2012 forms For instance, if the third party is a monthly schedule depositor, it must notify the employer by the 15th day of the month following the month in which the sick pay payment is made because that is the day by which the deposit is required to be made. Taxes 2012 forms The third party should notify the employer as soon as information on payments is available so that an employer required to make electronic deposits can make them timely. Taxes 2012 forms For multi-employer plans, see the special rule discussed next. Taxes 2012 forms Multi-employer plan timing rule. Taxes 2012 forms   A special rule applies to sick pay payments made to employees by a third-party insurer under an insurance contract with a multi-employer plan established under a collectively bargained agreement. Taxes 2012 forms If the third-party insurer making the payments complies wi