PAYROLL & RELATED TAX ISSUES. Bruce A. Beyler, CPA

Transcription

1 PAYROLL & RELATED TAX ISSUES Bruce A. Beyler, CPA

2 Index of Topics u u u Worker Classification Compensation Fringe Benefits u Some New Items for 2016 u u u u Wage & Tax Statement (Form W-2) and Box 12 Codes Form 1099MISC Miscellaneous Informational Returns and New Penalties, Form W-9 & Backup Withholding Various Charts for Retirement & Health Savings Account Contribution Limits and other Per Diem Items Recommended Retention Periods for Payroll and Personnel Records

3 Worker Classification: Employee of the Business or Independent Contractor

4 Worker Classification: u u u If an employee, the business must withhold and pay employment taxes on the gross wage, provide employee benefits and observe certain employee rights. If an independent contractor these features of withholding and paying employment taxes and providing benefits and certain employee rights are not applicable. Need to be aware that different definitions of an employee and independent contractor apply for different situations. The federal payroll tax laws, the federal wage and hour laws and state unemployment and state worker s compensation laws use different definitions.

5 Independent Contractor vs. Employee u If the person or company for whom the services are performed has the right to control or direct only the results of the work and not the means and methods of accomplishing the results, the worker is an Independent Contractor. u If the person or company for whom the services are performed has the right to control or direct the results of the work and the means and methods of accomplishing the results, the worker is an Employee.

6 Independent Contractor vs. Employee (cont.) u Three characteristics IRS looks at to help determine whether a worker is an independent contractor or common law employee: 1. Behavioral Control 2. Financial Control 3. Type of Relationship

7 Independent Contractor vs. Employee (cont.) Behavioral Control: Whether the business has the right to direct or control what the worker does and how the worker does the job. a) To what extent are instructions given and taken? b) What training does the business give the worker? Financial Control: Whether the business has the right to direct or control the financial and business aspects of the worker s job. (for example, how the worker is paid, whether expenses are reimbursed, who provides tools, supplies, etc.) a) Can the worker realize a profit or incur a loss? b) To what extent does the worker make services available to the general public? Type of Relationship: How the workers and business owner perceive the relationship. Are there written contracts or employee type benefits (i.e. pension plan, insurance, vacation pay, etc.)? Will the relationship continue and is the work performed a key aspect of the business? a) To what extent are the services performed by the worker a key aspect of the regular business of the company?

8 Independent Contractor vs. Employee (cont.) u Recently the Department of Labor (DOL) has issued some guidance on worker classification. Beyond financial and behavioral control the DOL has introduced 2 new factors: u Economic Dependence-. u Permanence Both of these factors tilt the scale toward employee classification instead of independent contractor. If worker is hired to do a job in perpetuity and is financially dependent on job; worker is an employee. This is especially applicable to domestic workers of families.

9 Independent Contractor vs. Employee (cont.) u Other factors used by the courts to determine if a worker is an employee or independent contractor: 1. The skills required 2. The location of the work 3. The duration of the relationship 4. If the business has the right to assign additional projects to workers 5. The extent of the worker s discretion over when and how long to work 6. The worker s role in hiring/paying assistants 7. The tax treatment of the worker Determination is based on the facts and circumstances of each case. No single factor determines classification. IRS Publication 1779, Independent Contractor or Employee

10 Independent Contractor vs. Employee (cont.) u Remember taxes withheld from employee wages accounts for approximately 70% of annual revenue collected by the IRS so employee status is a big issue. Court case: Are Uber Drivers Employees or Independent Contractors?

11 Compensation

12 Compensation u Generally all compensation received by employees for services rendered is taxable for federal income tax purposes unless a specific exclusion applies. u In the form of cash or noncash. If noncash, will use the Fair Market Value. u Includes salaries, vacation pay, allowances, bonuses, commissions and taxable fringe benefits. u Some of the exempt compensation includes health benefits, cafeteria plan benefits, educational assistance and dependent care assistance. u Some fringe benefits are specifically included as a taxable fringe.

13 Compensation (continued) u Supplemental wages are wage payments that are not regular wages. These could include overtime pay, bonuses, commissions, severance and back pay. Employers are given the discretion to treat overtime pay as regular wages but not commissions, 3 rd party sick pay or taxable fringe benefits. u Rules on federal income tax withholding of supplemental wages depend on whether the supplemental wage is separately identified from regular wages or not. v If supplemental wages separately identified the federal income tax withholding computed as follows: q Up to the first 1 million withhold at a flat 25%. q Greater than 1 million and separately identified from regular wages withhold at 39.6%. u If supplemental wages are not separately identified - add to regular wages and withhold based on tax rate tables for a regular payroll period.

14 u Officer Compensation: Compensation (continued) u Corporate officers are employees for FICA (Social Security) purposes under the Internal Revenue Code (IRC) 3121(d)(1). u Corporate officers are employees for Federal income tax withholding purposes under IRC 3401(c). u Corporate officers are employees for FUTA (Federal Unemployment tax) purposes under IRC 3306(i). u As you can see, Corporate officers are employees by statute of the Internal Revenue code, and the courts have found that the taxpayer had no reasonable basis for treating a corporate officer as anything other than an employee. u Officer compensation must be reasonable. This is especially applicable with S corporation shareholders where dividends (distribution of profits) are paid. u Reasonable compensation can be determined by the position held by the officer, duties performed and hours worked. Some websites that can assist with determining compensation include: q Bureau of Labor Statistics- q Salary Expert- or Monster at q Can also look at Industry statistics

15 Compensation (continued) u Partners in a Partnership and Members in Limited Liability Company that is being treated as a partnership: q These individuals cannot be treated as employees. q No Wage and Tax Statement (Form W-2) should be issued. q Can pay guaranteed payments for services rendered in the business. These payments are not subject to withholding. q Payments to the general partners for guaranteed payments and distributions of profit are subject to self-employment taxes (Social Security and Medicare taxes). q Payments to a member in a limited liability company operating as a partnership are subject to self-employment taxes if actively involved in the business. If you are a limited partner with no guaranteed payments received or you are not actively involved, then you are not subject to self-employment taxes.

16 Fringe Benefits

17 Taxable Fringe Benefits u Group term life insurance in excess of $50,000 of Coverage. Ø Code C on Form W-2 taxable for Social Security & Medicare Ø Applies to both current and former employees. u Health Insurance to a 2% or more Subchapter S Shareholder. Ø Taxable for income tax purposes exempt for FICA & Medicare Ø At this time until IRS issues further guidance the company can pay the owners health insurance but it has to be treated as compensation and included in box 1 of the W-2. u Gift certificates are taxable u Employee Business Expense Reimbursements in Excess of Federal per diem rates. Code L on Form W-2. u Short and long-term disability Ø Planning note: Consider having employee pay on an after-tax basis for this benefit so that if benefits are paid they will not be taxable.

18 Taxable Fringe Benefits (cont.) u Personal use of company vehicle u Three methods available for computing the taxable value: 1. Commuting rule Ø Restricted use - for commuting only, no other personal use. Ø Policy must be in writing. Ø Taxable fringe computed at $3.00 per day per employee. Ø The auto must be provided to the employee for use in business. Ø Not available to highly-compensated employees ($215,000 or more), an officer whose compensation exceeds $105,000; a Director of the company or an owner with 1% or more ownership.

19 Taxable Fringe Benefit (cont.) 2. Vehicle Cents per mile valuation Ø Standard mileage rate for 2016 is.54 times the number of personal miles driven. Ø Cannot be used if FMV of vehicle exceeds $15,900 for passenger auto and $17,700 for truck or van. Ø Vehicle must be used regularly in business with at least 10,000 miles per year primarily by employee (prorate short year) Ø Standard mileage includes maintenance, insurance and fuel provided by employer. Reduce rate by $.055 per mile if the employer does not provide the fuel.

20 Taxable Fringe Benefit (cont.) 3. Lease valuation rule Ø Most commonly used computation. Ø FMV at the time the auto is first placed in service is used to determine annual lease value from IRS-provided table. Ø This FMV is redetermined at January 1 st at the beginning of the 5th year or when the vehicle is transferred to another employee. Ø Compute the personal use based on miles driven in the year or you can use the period November 1 st to October 31 st. Ø Add $.055 cents per personal mile for fuel.

21 Annual Lease Value Method 1. FMV (e.g. per NADA book) as of auto acquisition date or as of January 1 (or the beginning of a special accounting period) following the end of a deemed four-year lease term. $ 35, IRS annual lease value factor for line 1 $ 9, Prorate to cover period less than 12 months (if applicable) x % 4. Annual lease value for 2016 (line 2 x line 3) $ 9, Personal-use percentage: a. 11/1/15 to 10/31/16 or 12/1/15 to 11/30/16 personal miles a 2,000 b. 11/1/15 to 10/31/16 or 12/1/15 to 11/30/16 total miles a 20,000 Ratio (5a 5b) X 10 % 6. Annual Personal-use value $ Plus: Additional amount for company-provided gas used personally: a. Total personal miles per above 2,000 b. Less mileage where gas paid for personally ( 0) c. Total personal miles on company-paid gas x $.055/mi. d. Additional value for company-paid gas $ Total additional compensation for 2016 (line 6 + line 7d) $ 1,035 b

22 Vehicle Cents-Per-Mile Rule [available only if estimated FMV of vehicle is less than $15,900 for a passenger automobile or $17,700 for a truck or van.] Personal mileage (11/1/15 to 10/31/16): x $0.54 $ Less personal miles where employee provided fuel: miles at $.055 C ( ) Standard mileage rate method additional compensation for 2016 $ Notes: a Assumes that taxpayer has adopted the period beginning 11/1/15 and ending 10/31/16. Taxpayers not adopting a special accounting period must measure mileage from 1/1/16 to 12/31/16 IRS Ann ( IRB 31) allows employers to adopt any 12-month period ending between October 31 and December 31 (See also Reg (c )(7).) b c If gas expenses are reimbursed by or charged to an employer, gas generally must be valued at FMV (i.e., the amount of reimbursement or actual charge). Maximum reduction allowed by Reg (e)(3)(ii) is $.055 per mile or the amount specified in any applicable revenue ruling or procedure. Generally, you figure the annual lease value of an automobile as follows. (1) Determine the fair market value (FMV) of the automobile on the first date it is available to any employee for personal use. (2) Using Table 3-1. Annual Lease Value Table, read down column (1) until you come to the dollar range within which the FMV of the automobile falls. Then read across to column (2) to find the annual lease value.

23 Table 3-1 (1) Automobile FMV (2) Annual Lease $ 0 to 999 $600 1,000 to 1,999 $850 2,000 to 2,999 $1,100 3,000 to 3,999 $1,350 4,000 to 4,999 $1,600 5,000 to 5,999 $1,850 6,000 to 6,999 $2,100 7,000 to 7,999 $2,350 8,000 to 8,999 $2,600 9,000 to 9,999 $2,850 10,000 to 10,999 $3,100 11,000 to 11,999 $3,350 12,000 to 12,999 $3,600 13,000 to 13,999 $3,850 14,000 to 14,999 $4,100 15,000 to 15,999 $4,350 16,000 to 16,999 $4,600 17,000 to 17,999 $4,850 18,000 to 18,999 $5,100 19,000 to 19,999 $5,350 20,000 to 20,999 $5,600 21,000 to 21,999 $5,850

24 Table 3-1 (cont.) (1) Automobile FMV (cont.) (2) Annual Lease (cont.) 22,000 to 22,999 $6,100 23,000 to 23,999 $6,350 24,000 to 24,999 $6,600 25,000 to 25,999 $6,850 26,000 to 27,999 $7,250 28,000 to 29,999 $7,750 30,000 to 31,999 $8,250 32,000 to 33,999 $8,750 34,000 to 35,999 $9,250 36,000 to 37,999 $9,750 38,000 to 39,999 $10,250 40,000 to 41,999 $10,750 42,000 to 43,999 $11,250 44,000 to 45,999 $11,750 46,000 to 47,999 $12,250 48,000 to 49,999 $12,750 50,000 to 51,999 $13,250 52,000 to 53,999 $13,750 54,000 to 55,999 $14,250 56,000 to 57,999 $14,750 58,000 to 59,999 $15,250 For automobiles with a FMV of more than $59,999, the annual lease value equals (.25 the FMV of the automobile) + $500.

25 Nontaxable Fringe Benefits u Employer-provided cell phone for noncompensatory business reasons. u For example, to speak with clients while away from the office. u Accident & Health Insurance Benefits. u Except for long-term care benefits provided through a flexible spending or similar arrangement. u Exception: Subchapter S Shareholder 2% or more ownership. u Expense reimbursement under accountable plans. u Achievement awards. u Up to $1,600 for qualified plans or $400 for nonqualified plans. u Adoption assistance. u Exempt for income, taxable for Social Security & Medicare.

26 Nontaxable Fringe Benefits (cont.) u Athletic facilities - If substantially all use is by employees and family and is operated by employer on employer owned or leased property. u De minis benefits u Dependent care assistance - Up to $5,000 for MFJ; $2,500 for MFS u Educational assistance - Up to $5,250 u Employee discounts - Certain limits apply u Group term life insurance coverage - $50,000 or less u Health Savings Accounts (HSAs) u Lodging on employer premises. u If furnished for employer s convenience and employee accepts it as a condition of employment.

27 Nontaxable Fringe Benefits (cont.) u Meals on employer premises. u If furnished for employer s convenience and more than 50% of all employees are provided with this benefit. u Moving Expense Reimbursement. u Exempt if expenses would have been deductible to employee if employee had paid them. u Retirement planning services. u Includes advice or information provided to employees for the employer-sponsored retirement plan. u Transportation benefit. u If for rides in a commuter highway vehicle and/or transit passes $255/mo for 2016 inflation adjusted. u Qualified parking $255/mo for 2016 inflation adjusted. u Qualified bicycle commuting reimbursement ($20/mo for 2016) no adjustment for inflation.

28 Nontaxable Fringe Benefits (cont.) u u u Tuition reduction u For undergraduate education u For graduate education if the employee performs teaching or research activities Working condition benefits (Like Job-Related Education) No-additional-cost services u For a service you provide to an employee if it does not cause you to incur any substantial additional costs. u This service must be offered to customers in the ordinary course of the line of business in which the employee performs substantial services. u Generally these are excess capacity services such as airlines or hotels.

29 Some New Items For 2016

30 New DOL Overtime rules for White Collar Workers u The Fair Labor Standards Act (FLSA) provides Americans the right to a minimum wage and time and a half for more than 40 hours of work in a week. u These FLSA rules apply to hourly and salaried workers but not to white collar workers whose salaries and duties exempt them from the overtime pay requirements. u There are 2 ways that an employee can be covered by FLSA: Ø Enterprise coverage Ø Individual coverage

31 New DOL Overtime rules for White Collar Workers (Cont.) u u Enterprise coverage Ø Ø Those businesses with at least 2 employees and annual sales are at least $500,000. These include hospitals and businesses providing medical or nursing care for residents, schools, preschools and government agencies. Individual coverage Ø Employees protected by FLSA rules if they are involved in interstate commerce. Also, domestic service workers are also covered by these rules.

32 New DOL Overtime rules for White Collar Workers (Cont.) u Three tests that must be met to classify a worker as exempt from overtime: Ø Ø Ø Must be paid a fixed salary that is not subject to reductions because of variations in the quality and quantity of work performed. The amount of salary must meet the minimum threshold set by Department of Labor (DOL). Starting Dec that minimum is raised from $23,660 ($ per week) to $47,476 ($ per week). The employee s job duties must fall under the definition of; Executive, Administrative or Professional. The law also contains different exemption requirements for computer professionals and outside sales employees.

33 New DOL Overtime rules for White Collar Workers (Cont.) u The new rule effective December 1, 2016 to avoid overtime says: Ø Minimum salary must be at least $47, Ø Ø This minimum will be automatically updated every 3 years with the first update occurring on January 1, Allows for the use of nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10% of the standard salary level. So at least $ must be paid as a weekly salary. Bonuses and incentive payments must be paid at least quarterly or more frequently. Discretionary bonuses (such as Christmas or year end bonuses) may not be considered in reaching the $ standard salary level.

34 New DOL Overtime rules for White Collar Workers (Cont.) Under the new law the duties tests did not change. They are: u Executive: primary duty is management of at least 2 employees. Has authority to hire and fire or at least is able to make recommendations as to hiring, firing and advancement. u Administrative: primary duty is the performance of office or non-manual work directly related to management and or operating of a business. Has to have authority to exercise discretion and independent judgment with respect to matters of significance.

35 New DOL Overtime rules for White Collar Workers (Cont.) u u Professional Duties: primary duty is the performance of work requiring knowledge of an advanced type in a field of science or learning that requires a prolonged course of specialized intellectual instruction or work requiring invention, imagination, originality or talent in the field of artistic or creative endeavor. There is an exemption from overtime for the highly compensated which as of December 1, 2016 will be those earning more than $134, and performing office or non-manual work and at least one duty of either executive, administrative or professional duties.

36 New DOL Overtime rules for White Collar Workers (Cont.) u Some options to consider in complying with the new overtime rules: Ø Ø Ø Ø Ø Increase salaries of those employees who meet the duties test to comply with the new salary levels. Consider hiring additional employees to manage the work load and thereby reducing overtime pay. Reduce an employee s base salary and add pay for overtime hours so employee is getting pay equal to current level. Review employee s handbook for paid time, and clearly define paid and unpaid time. Consider asking employees not to work from home at night or weekends or limit employee travel to business hours.

37 Affordable Care Act u For 2016 businesses must offer health insurance that is both affordable and provides minimum health insurance coverage that have 50 or more full-time equivalent employees (FTEs) in order to avoid penalties. This must be offered to at least 90% of the FTEs. u Remember that Form 1095 must be prepared and filed by January 31 st if there are 50 or more full-time equivalent employees. Last year there was extra time given. u Form 1095 Copy A comes from the Marketplace. u Form 1095 Copy B will come from the Insurance Company. u Form 1095 Copy C will be provided by the Employer. u Also, for those companies that have a self-insured provision in their health insurance plans they also must file Form 1095 even if less than 50 FTEs.

38 Affordable Care Act (cont.) u Update on employer reimbursement of an individual employee s health insurance premiums and health insurance reimbursement arrangements that may be liable for a $100 per day excise tax. Ø Applies to those employers who are not Applicable Large Employers (50 FTE employees) except for those plans with fewer than 2 active employees. Ø IRS Notice granted a waiver from the excise tax through June 30, 2015 but this is not applicable in Ø S Corp 2% or more shareholder-employees continue to have a waiver until further guidance is issued. Ø This rule does not apply to dental and vision insurance through separate policies from health insurance Ø To comply with ACA and avoid the $100 per day excise tax, consider increasing compensation so employees can pay for their own insurance premiums

39 Miscellaneous Provisions u u Changes in due dates for W-2s and 1099s Ø W-2s now due to Social Security by January 31 st. Ø 1099s that have Box 7 nonemployee compensation must be filed with the IRS on or before January 3st. Research and development credit may be available against payroll taxes.

40 2016 Form W-2

41 Form W-2 (Employee)

42 2016 Form W-2 Box 12 Codes

43 2016 Form W-2 Box 12 Codes

44 2016 Form W-2 Box 12 Code DD u Employers who provide applicable employer-sponsored coverage under a group health plan and have more than 250 employees are subject to the reporting requirement. This includes: Ø Businesses Ø Tax-Exempt Organizations Ø Federal, State and Local Government Entities (Exception for plans related to military and their families.) u An employer is not required to issue a Form W-2 solely to report the value of the health care coverage for retirees or other employees or former employees to whom the employer would not otherwise provide a Form W-2

45 2016 Form W-2 Box 13 Retirement Plan

46 2016 Form 1099-MISC Miscellaneous Income

47 2016 Form 1099-MISC (Independent Contractor)

48 2016 Form 1099-MISC (Independent Contractor)

49 Form W-9 Request for Taxpayer Identification Number and Certification

50 Form W-9 can be found at h4p://

51 Information Return Penalty Per Return Penalty Tax Year 2016 Tax Year 2017 Fixed within 30 days $ 50 $ 50 Fixed after 30 days but before Aug 1 $ 100 $ 100 Fixed Aug 1 or later $ 260 $ 260 Intentional disregard $ 530 $ Vern Hoven

52 Procedures Outlined to Avoid Backup Withholding

53 Procedures to Avoid Backup Withholding u Currently if a payer reports an incorrect identification number to the IRS, the payer will be required to withhold federal income taxes at a rate of 28% on subsequent payments to the payee. u How to prevent or stop this backup withholding: Ø If the payer receives a notice (called a B notice) from the IRS, he should have the payee complete a Form W-9 showing the correct name and identification number. Ø If the payer receives a second B notice within 3 yrs of the first notice, then he must have the payee provide a copy of the social security card or a 147C letter to give evidence of the correct name and taxpayer identification number. u Best practice is to obtain a completed Form W-9 when a payer pays a payee.

54 Various Charts & Miscellaneous Tax Topics

55 Social Security & Medicare Tax Information u Maximum Social Wages $ 118,500 $127,200 u Social Security Tax Rate 6.2% 6.2% u Medicare Wages Unlimited Unlimited u Medicare Tax Rate 1.45% 1.45% u Additional Medicare tax on Wages over $200,000.9%.9% u Self-Employed Tax Rate 15.3% 15.3%

56 Various Charts & Miscellaneous Topics u Pension Plans u COLAs for Retirement Plans Plan Type SEP IRA $53,000 $54,000 Maximum Defined Contribution Plan Contribution; 415(c)(1)(A) $53,000 $54,000 Maximum Annual Benefit for Defined Benefit Plan; 415(b)(1)(A) $210,000 $215,000 Maximum 401(k), 403(b), & 457(e)(15) Deferral; 402(g)(1) $18,000 $18,000 SIMPLES; 408(p)(2)(E) $12,500 $12,500 Annual Compensation Limit; 401(a)(17); 404(j); 408(k)(3)(C) $265,000 $270,000

57 Various Charts & Miscellaneous Topics (cont.) u Catch Up Amounts for Age 50+ Individuals Plan Type (k); 403(b); salary-reduction SEP $6,000 $6,000 SIMPLES $3,000 $3,000 u Automobile Expenses u Mileage Rates Business Mileage $0.54 TBA Medical & Moving $0.19 TBA Charitable $0.14 $0.14

58 Health Savings Accounts (HSAs) u Why should an employer adopt an HSA? u Reduce employer paid health insurance premiums u Provide a vehicle for employees to save pre-tax money u HSA contributions are exempt from employer payroll taxes. u HSA Contribution Limits Family Self Only Family Self Only Contribution Limit $6,750 $3,350 $6,750 $3,400 Additional catch-up contribution for taxpayer age 55 or older $1,000 per qualifying spouse $1,000 $1,000 per qualifying spouse $1,000 Minimum health insurance deductible $2,600 $1,300 $2,600 $1,300 Maximum out of pocket $13,100 $6,550 $13,100 $6,550

59 Recommended Retention Periods for Payroll and Personnel Records

60 Recommended Record Retention Periods u This chart is from u It shows what the American Institute of CPAs recommends for a record retention policy of employee records. u The AICPA also recommends keeping pre-employment evaluations, college transcripts, and offer/acceptance documents for 4 years.

61 Questions?

62 Resources u u u IRS website Indiana website Michigan website u More information on fringe benefits can be found on publication 15-B at u The following can be found at Ø Ø Ø Ø Ø Ø Ø Pub. 15, Circular E Employer s Tax Guide Pub. 15-A Employer s Supplemental Tax Guide Pub. 15-B Employer s Guide to Fringe Benefits Pub. 463 Travel, Entertainment, Gift and Car Expense Pub. 508 Tax Benefits for Work-Related Education Pub. 517 Social Security and Other Information for Members of the Clergy and Religious Workers Pub. 520 Scholarships and Fellowships

63 Resources (cont.) u The following can be found at Ø Pub. 521 Moving Expenses Ø Pub. 957 Reporting Back Pay and Special Wage Payments to the Social Security Admin. Ø Pub. 968 Tax Benefits for Adoption Ø Pub. 969 Medical Savings Accounts (MSAs) Ø Pub. SS-8 Determination of Workers Status for Purposes of Federal Employment Taxes and Income Tax Withholding Ø Pub. 51, Circular A Agricultural Employers Tax Guide

64 Resources (cont.) u The following can be found at Employed u Affordable Care Act Tax Provision u Additional Medicare Tax u Information on W-2 reporting of code DD can be found at Sponsored-Health-Coverage u Information on Voluntary Classification Settlement Program can be found at Voluntary-Classification-Settlement-Program-(VCSP)

65 Cornerstone CPA Group, LLP 3160 Windsor Court Elkhart, IN Bruce Beyler, CPA, Managing Partner Megan Parks, CPA, Staff Accountant Phone: Fax:

66 Thank you for attending this presentation.