Preparing For Year-End: 2016 Payroll Compliance, Updates, and ACA Filing
Year End Check List – Key Items Below are some items to consider, each company should hold a planning session with key leaders to define a list catered to their needs. Schedule bonus payrolls (more on this later) Review holiday processing schedule with payroll department, processor and bank Issue payroll to terminated employees in current year if next check date is 2016 Capture census data for deferred compensation plan (like 401k) Update state unemployment rates and wage limits for 2016 Schedule your 2016 check dates Mail or distribute W2 and ACA 1095C or 1095B to employees Send reminder to employee to update their W4 if required or desired Review year end carryover PTO based on company policy 2
What Can Clients Do? 3
Helping the Client Help Themselves Remind clients to carefully review the employee data in the payroll system and notify their payroll vendor of any changes/corrections. The key elements are name, address, SSN and YTD earnings. Payroll Providers will typically send a W2 verification report in the month of November and ask clients to review and notify of any corrections. Provide any missing tax identification numbers (applied for does not count as a number). There are 42 states that will do accept payments, allow the filing of a return or apply an amendment with a missing or applied for tax identification number. If you are using a payroll provider, make sure they are set up as Third Party Administrator for any states that require it. DC, IA, IN, LA, MA, MI, MN, NM, NV, OH, PA, WI Also very important to make sure a power of attorney is provided. Many taxing authorities will not allow payroll companies to file, make payments, obtain rates or do amendments without a POA on file. Ensure all manual checks have been entered before year end. Ensure all third party sick that will be included on the W2 is entered prior to year end. All voided wages are added and related amendments completed before year end. 4
Bonus Payrolls Bonuses are called supplemental wages and can create different taxing situations. If a bonus is included with regular wages, withhold taxes on the combined amount using the normal payroll process If the bonus is paid separately, a flat 25 percent should be withheld for amounts under $1 million. Amounts that exceed $1 million should be taxed at 39.6% or the highest rate of income tax for the year. This applies regardless of the employee W4. See - https://www.irs.gov/publications/p15/ar02.html and Supplemental Wages for full details and examples 5
Bonus Payrolls - Continued Impact of bonus payrolls on 941 liabilities and due dates First the basis - IRS payment frequencies Payment frequency is determined by a look back period from July to June. Liabilities over $50,000 will have a semi weekly payment schedule Liabilities under $50,000 will have monthly payment schedule Amounts under $2,500 in a quarter can still be paid by attaching a check to the return Anytime liabilities exceed $100,000, the payments are due the next business day 6
Bonus Payrolls - Continued When trouble starts Client runs a bonus payroll and the liability exceeds $100,000 and the • client does not make the payment on the next day Client runs a regular payroll and then a bonus payroll that creates a tax • liability greater than $100,000 in the same deposit period. Even if the amounts separately are less than $100,000, the amounts are due the day after the bonus payroll run. ‒ If check date falls on Wednesday, Thursday or Friday – due the next Wednesday ‒ If check date falls on a Saturday, Sunday, Monday or Tuesday – due the next Friday ‒ Dates typically moved by one day when a federal holiday is on the due date. Client wants to backdate the bonus payroll and the taxes are considered due in the past. Penalties 2% up to 5 days late, 5% 6 to 15 days late, 10% if more that 15 days • late 15% if not paid within 10 days of notice and demand by the IRS • 7
Agencies That Will Not Accept Payments and/or Filings for Applied for Status: AL SUI/SWT, AR SWT, AZ SWT, CA SUI/SWT, CO SUI, CT SUI, DC SUI, DE SUI/SWT, FL SUI (will accept but with penalty), GA SWT, HI SUI/SWT, IA SUI/SWT, ID SUI (filing and payments are placed in suspense account), IN SUI (will accept but with penalty), IN SWT, KS SWT, KY SWT, LA SUI/SWT, MA SUI/SWT, MD SWT (filings and payments are placed in suspense account), ME SUI/SWT, MI SUI, MN SUI/SWT, MO SWT, MS SWT, NC SWT, NE SWT, NJ SUI/SWT, NM SUI/SWT, NV SUI, NY SUI (will penalize and will not post), NY SWT, OH SUI, OK SWT, PA SWT, PR SUI/SWT, RI SWT, SC SUI/SWT, TN SUI (penalizes), TX SUI, UT SWT, VA SWT, VT SUI (will accept but penalizes $100), VT SWT, WA SUI (will accept but with penalty), WI SUI, WY SUI, WY w/comp, US Virgin Island SUI/SWT, Denver CO, Philadelphia, PA 8
What Can Payroll Companies Do? 9
How Payroll Companies Assist the Clients Collect any missing pre-load data from clients that started during the year Remind clients of wiring requirements for over limit bonus payrolls Remind clients to review the SSN verification reports Answer FUTA reduction credit questions in states impacted Work with clients to complete all amendments prior to year end. Explain the dangers of backdated payrolls to clients Review how “Employer Cost of Health Benefits” is added for W2s (Box 12 code DD) • 10
Other Things Payroll Companies Can Do Force balance accounts with missing pre-load data Review YTD reports from tax systems to identify and fix any issues Rate exchanges with states Frequency updates Delete POAs when clients move to another payroll company 11
FUTA Credit Reduction What is it? FUTA taxes are calculated on the first $7,000 of wages. If an employer has paid and filed their unemployment taxes in their state, a credit can be taken of 5.4% when they file their federal 940 unemployment form. If a state takes a loan with the federal government to cover their state unemployment costs and that loan is not repaid timely, the credit is reduced. The amount of the reduction increases each year a state is unable to repay their loan. For each year the reduction is increased by 0.3% Additional credit reduction may apply in the 3 rd and 5 th year if certain criteria are not met. DOL lists the FUTA credit reduction states on November 10 2015 states include CA (1.5%), CT (2.1%), OH (1.5%), VI (1.5%) (1.5% = $105 per employee, 2.1% = $147 per employee) 12
FUTA Credit Reduction - Continued How does it impact the 940? The reduced credit increases the amount • owed when filing the 940. The increased tax is consider due with the • 4th quarter liability. The reductions are recorded on the 940 • schedule A by state. 13
2016 Changes and No Changes Social Security wages subject to tax $118,500 (unchanged from 2015) 401(k) limits 18,000 with $6,000 catch up for over 50 (unchanged from 2015) Standard Mileage Allowance – not yet released for 2016 (2015 is 57.5 cents per mile) 14
2016 State Wage Base Changes CO wage base for SUI is NY wage base for SUI is changing to $12,200.00 changing to $10,700.00 IA wage base for SUI is OK wage base for SUI is changing to $28,300.00 changing to $17,500.00 KS wage base for SUI is PA wage base for SUI is changing to $14,000.00 changing to $9,500.00 KY wage base for SUI is VT wage base for SUI is changing to $10,200.00 changing to $16,800.00 MN wage base for SUI is WA wage base for SUI is changing to $31,000.00 changing to $44,000.00 MT wage base for SUI is WY wage base for SUI is changing to $30,500.00 changing to $25,500.00 NV wage base for SUI is changing to $28,200.00 NJ wage base for SUI and SDI is changing to $32,600.00 15
2016 State Minimum Wage Changes AK min wage is changing to MI min wage is changing to $9.75 $8.50 AR min wage is changing to MN min wage is changing to $8.00 $9.50 in August of next year CA min wage is changing to NE min wage is changing to $10.00 $9.00 CT min wage is changing to NY min wage is changing to $9.60 $9.00 (12/31/2015 for some reason they always do it one DC min wage is changing to day before the changeover) $11.50 in July of next year RI min wage is changing to HI min wage is changing to $9.60 $8.50 VT min wage is changing to MD min wage is changing to $9.60 $8.75 in July of next year WV min wage is changing to MA min wage is changing to $8.75 $10.00 16
P atient Protection and A ffordable C are A ct (PPACA) is also known as the A ffordable C are A ct (ACA) or Obamacare 17
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