Why did I get this tax notice?
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- Agnes Morris
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1 Tax Panel: Why did I get this tax notice? Presenters: Marisol Garcia (CPP), Senior Manager Tax Notice & Amendments Kelly Saverud, Manager Tax Notice Resolution Jennifer Cerekwicki (EA, CPP), Senior Government Relations Analyst
2 Session Goals Avoiding a tax notice You received a tax notice, now what? Ask the Tax Panel your questions Bonus Section: Identity Theft How can I protect myself? 2
3 Best Practices to avoid a Tax Notice 3
4 Employer Identification Numbers Your employer identification number allows the agency to identify your company with payments, coupons and returns. You would not submit a payment to the credit card company without including your credit card account number. 4
5 SUI Rates Each state assigns a new rate each calendar year beginning in November and ending in March. This new rate must be used on your 1 st quarter returns period end date March 31 st. Agencies hold employers responsible for ensuring they have received their new rate for the year. Some agencies will provide this rate information to Paylocity; however, this is as a courtesy and not all agencies provide this information. 5
6 Tax Payment Frequency Unemployment payments are due quarterly; at the end of the month following the end of each quarter. Withholding payments can vary in frequency. Some agencies will take payments as frequent as you want to submit. Other agencies require payments to adhere to the agency assigned frequency. Some agencies utilize payment coupons with form numbers that are specific to the payment frequency. Payments submitted with the incorrect form can be mis-applied by the agency. 6
7 W-2 Previews Best practices: Review your W-2, your boss s W- 2, your boss boss W-2, W-2 s with special circumstances Review totals page Box 1 federal wages = Box 16 state wages Box 17 state withholding Check Box 12 coding 7
8 New State Company Setup Registration with new agency Dates are important! Employee Actual Start Date in new state Collect EIN, Rate (if applicable) and frequency information assigned Provide timely to Paylocity 8
9 The Life of a Tax Code An employee is hired in a state and is expected to be paid The taxpayer registers with the taxing agency A Payroll is processed with the new tax code The new tax code is added with the information provided Based on the information processed through payroll: 1. Tax amounts are collected and remitted to the agency. 2. Taxes withheld are recorded on the employee record. 3. Tax information is recorded and shown on payroll reports such as the Payroll Summary. The agency provides the taxpayer an account number, frequency, or tax rate The taxpayer s this information to SUIrates@Paylocity.com with the effective date The Tax Code remains active until: 1. It has been inactive for multiple quarters. 2. SUIRates@Paylocity.com is notified to inactivate the tax code. 9
10 Company Reorganization Ensuring the continuity of employee payroll during a company reorganization is a top priority. Retroactive reorganizations during the calendar year, can cause notices that could continue for up to 2 years after the reorganization. Also, your tax attorney will be able to advise you best on the necessary payroll tax forms to file in the case of a retro reorg (i.e., Schedule D) 10
11 Company Reorganization Example 1: On July 5, 2017 Company A reorgs retroactively to January 1, 2017 into Company B. Qtr Already filed by Co. A Qtr Already filed by Co. A Qtr Filed by Co. B Qtr Filed by Co. B Result: Schedule D is necessary to merge the 941 payroll tax data for the year & only one set of Forms W-2 will be issued by Co. B Example 2: On July 1, 2017 Company A reorgs into Company B. Qtr Filed by Co. A Qtr Filed by Co. A Qtr Filed by Co. B Qtr Filed by Co. B Result: Schedule D is not necessary. Two sets of Forms W-2 will be issued, one for Co. A (totals of Q1 & Q2) & one for Co. B (totals of Q3 & Q4) 11
12 Plan ahead for Payroll Updates to employee records Holiday pay Commissions Retroactive pay Additional payroll runs Same-day payroll runs Year-End Bonuses Special Executive payrolls 12
13 Best Practices when you receive a Tax Notice 13
14 Biggest Mistakes Taxpayers Make in Responding to an IRS Notice The three most common mistakes taxpayers make upon receiving an IRS notice: Waiting too long to respond Not responding at all Simply agreeing to the updated total without consulting a tax professional Credit: National Association of Enrolled Agents (NAEA) 14
15 Responding to an IRS Notice One of the best assets you have is time once you receive a tax notice. The IRS would rather resolve a discrepancy on the first notice then have to send subsequent notices. IRS Notices do not resolve on their own. The IRS wants to help the taxpayer. Agreeing to the Balance Due may cause more issues down the road. This changes your tax liability. 15
16 Paylocity is here for you! Contact your Account Manager The tax notice is entered directly into our Agency Notice Tracking System (ANTS). ANTS is managed by our highly qualified team of tax notice specialists. We are your advocate between you and the agency. That is how we approach every tax notice. 16
17 Top 5 Notice Types 1. Tax Code Setup 2. Amendment Generated Notice 3. Prior Provider 4. Unemployment Rate 5. Employer Account Number 17
18 Did you know? 92% success rate on penalty abatement Industry standard for average time to resolution is 22 days Paylocity s average time to resolution is 14 days Our Tax Notice Specialists are experienced in state specific resolution processes Paylocity advocates for each client by reaching out and fostering relationships proactively with the IRS and state agencies 18
19 Ask the Tax Panel 19
20 Question #1 What is the difference between an employee and an independent contractor? 20
21 Answer to Question #1 General Rule: An individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. Common Law Rules: Behavioral: Does the company have the right to control how the worker does his or her job? Financial: Are the business aspects of the worker s job controlled by the payer? Type of Relationship: Are there written contracts or employee type benefits? 21
22 Question #2 What do I do when an employee moves from one state to another? 22
23 Answer to Question #2 Ensure you are registered in the new state Utilize actual employee start dates when registering Update Web Pay with the new tax code information (prior to paying the employee) Update the employee state information Pay your employee 23
24 Question #3 What causes a notice to be generated? 24
25 Answer to Question #3 Reasons agencies send notices: You have a balance due. You are due a larger or smaller refund. They have a question about your tax return. They need to verify your identity. They need additional information. They changed your return. They need to notify you of delays in processing your return. Root causes: Incorrect payment frequency Duplicate payment Out of state wages Identity theft Agency has questions about the reported information Agency processing backlog 25
26 Question #4 What do we do when we receive a tax notice? 26
27 Answer to Question #4 the entire notice (front & back) to OR contact your Account Manager 27
28 Question #5 Is there a way to clarify which notices need to be sent to Paylocity versus which ones can be disregarded? 28
29 Answer to Question #5 Mailings that include blank returns (unless it contains a sui rate) Filing reminders State holiday reminders Disaster Relief notices Corporate, sales and use (not related to payroll) 29
30 Question #6 Is there a resource that lists the different agencies and taxes for each state? 30
31 Answer to Question #6 Paylocity Resource Documents Go to: Click on Tax Codes on the lefthand column List of states with a clickable link that brings you to a PDF. 31
32 Answer to Question #6 State Registration Website links Link located at the bottom of the Paylocity Resource Document state tax code list **Quick list of all state weblinks broken down by tax type 32
33 Answer to Question #6 Federation of Tax Administrators (FTA) List of revenue agencies IRS.gov List of state government websites 33
34 Question #7 Where do we send the updated State Unemployment Rates? 34
35 Answer to Question #7 the rate notice to 35
36 Question #8 Are student loan payments made on behalf of the employee taxable by Federal, State, Social Security and Medicare? These student loan payments are made as part of a contract agreement with a forgiveness agreement attached, and are not repaid by the employee. 36
37 Answer to Question #8 Currently these loan repayments are taxable based on IRS section 127 and Publication 970. It is considered taxable income and is subject to Federal and State taxes. They should be reported in Box 1,3, and 5 of the W-2. 37
38 Question #9 How is tuition reimbursement taxed? 38
39 Answer to Question #9 Currently tuition reimbursement is tax free. Section 127 currently allows an employee to exclude from taxable income up to $5,250 per year in employer-provided educational assistance. If courses are job-related, there is not a minimum requirement for the employee's current job and the program of study when completed will not qualify the employee for a new job or career, amounts more than $5,250 are considered nontaxable. Credit: Allen Smith, Bill Seeks to Allow Tax-Free Student Loan Repayments by Employers, SHRM, 2/10/17 39
40 Question #10 How do I know Paylocity is monitoring the legislative changes and updates? 40
41 Answer to Question #10 The Paylocity News Category: Tax Alerts Go to: /news/tax-alerts/ Paylocity has a team dedicated to monitoring new and upcoming legislation. 41
42 Bonus Section: Identity Theft How can I protect myself? 42
43 Identity Theft The IRS recommends the following to protect against potential identity thieves, take the following steps: Be skeptical of communications you receive from sources you are not expecting. Do not reveal secret passwords, PINs or other security-based data to third parties; genuine organizations or institutions do not need your secret data for ordinary business transactions. Do not click on links contained in possibly questionable s; instead, go directly to the site already known to be genuine. Do not open attachments to s of possibly questionable origin, since they may contain viruses that will infect your computer. 43
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