GTM Household Help BLOG

Common Questions Regarding W-2s

Tax season is in full-swing and we are answering many questions from our household clients regarding W-2s. As a result, we thought it be beneficial to focus this month’s blog on some of them. Hopefully, after reading our responses, we’ll be able to save you some time and help clarify any of your concerns.

Q: Does my employee receive a 1099 form?
A: No. Household employees are not independent contractors. They receive W-2 forms. View more information on this topic.

Q: What is the deadline for giving the W-2 to my employee?
A: The W-2 form needed to be postmarked by January 31 of this year.

Q: I paid my employee directly for the first 4 months of the year. Are those wages included on the W-2?
A: Yes. You should include all wages (on your own or with the assistance of GTM (or other payroll provider) on one W-2 and not more than one.

Q: My employee was paid a net amount. Why are the wages on the W-2 higher than what I paid her?
A: The W-2 form reports “Gross” wages paid to an employee, not net. Even if you negotiated and agreed upon paying a net wage, your employee’s Social Security, Medicare and possibly Federal and State income taxes are added on top of the net in order to calculate the “Gross” wages that are reported as his/her income.

Q: When do I have to file the W-2 and W-3 with the Social Security administration?
A: If you have a payroll provider, you should first check with them to make sure they are not doing this on your behalf. If you have to do it on your own, the deadline for submitting the forms electronically is 2/29/2012. The deadline for filing a paper copy is 4/2/2012.

Q: What do I do with the Schedule H form?
A. This form is included with your personal income tax return. You should provide a copy to your accountant or should include the information, if filing your own return.

Q: What is reported on a Schedule H form?
A. A Schedule H form reports total gross wages, your employee’s portion and your employer portion of social security and Medicare taxes, your federal unemployment tax, and contributions made to your state for unemployment insurance.

Q: My employee was on disability for a few months. Are those wages included in the W-2 form? 
A: Yes. The disability company should have provided a report of your employees’ income that was paid out to her. You should provide this report to your payroll provider to be included in your employee’s W-2 wages.

 

As always, please contact us anytime at householdpayroll@gtm.com or 888-432-7972 if you have additional questions or would like to learn more about GTM Payroll Services Inc.

 

Mileage Rate Update

IRS Increases Mileage Rate for remainder of 2011 

(An excerpt from IRS.gov)

(June 23, 2011)  WASHINGTON — Earlier today the Internal Revenue Service announced an increase in the optional standard mileage rates for the final six months of 2011. According to IRS Commissioner Doug Shulman, the adjustment to the standard mileage rates is prompted by this year’s increase in gas prices. 

The rate will increase 4.5 cents to 55.5 cents a mile from 51 cents for all business miles driven from July 1, 2011, through Dec. 31, 2011.  

Typically, the IRS updates the standard mileage rates once a year; historically in the fall for the next calendar year. In acknowledgment of recent gasoline price increases, Shulman noted, "We (IRS) are taking this step so the reimbursement rate will be fair to taxpayers."

While gasoline is a significant factor in the mileage figure, other items such as depreciation and insurance and other fixed and variable costs, were contributing factors in the calculation of mileage rate increase.

The optional business standard mileage rate is used to compute the deductible costs of operating an automobile for business use in lieu of tracking actual costs. This rate is also used as a benchmark by the federal government and many businesses to reimburse their employees for mileage.

The new six-month rate for computing deductible medical or moving expenses also increases by 4.5 cents to 23.5 cents a mile, up from 19 cents for the first six months of 2011.  However, the rate for providing services for charitable organizations is not set by the IRS, and remains at 14 cents a mile.

For more information on the new rates, please visit the IRS Newsroom or see Announcement 2011-40 on the optional standard mileage rates.

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At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life!

The items included in this update are informational only and are not meant to exclude the tax advice from an accredited representative.  Please consult GTM for more information and to determine how any item may apply to your personal tax scenario.

Important Changes To New York State Labor Law Under Wage Theft Prevention Act

On Tuesday, December 14^th, New York Governor, David Paterson, signed into law the Wage Theft Prevention Act.  Paterson was quoted as saying, “At a time when so many New Yorkers are living paycheck to paycheck, it is vital that we protect the right to receive their hard-earned pay and afford them every protection against wage theft.”

In essence, the new Wage Theft Prevention Act, or “The Act”, would institute a series of far-reaching measures which:

• Enact more stringent, transparent record-keeping and employee notification requirements
• Increase the amount of wages that can be recovered as damages for non-payment over and above lost wages – from 25 percent to 100 percent
  • Along with increasing protection for workers who speak up against exploitative employers
  • Create stronger collection, investigation and enforcement tools for State Department of Labor
  • Raise criminal penalties for wage violations; to up to a year in prison and $5,000 fine
  • Strengthen protections for whistleblowers in cases involving wage violations

In more detail, “The Act”, which goes into effect April 9, 2011, makes several changes to New York’s Labor Law, including:

• Amending requirements of employers to provide notices to employees hired on or after October 26, 2009; as well as information on exempt status, pay rates and structure of pay. (Section 195)
  • “The Act” further amended Section 195, adding a new requirement that employers provide all employees with such notices at the time of hire, as well as on or before February 1 of each subsequent year of employment. In addition to information previously required under Section 195, these notices now require new information, such the basis of pay rates (ie: hourly, shift, day, week, salary, piece, commission, or other); any allowances claimed as part of the minimum wage; as well as detailed employer contact information.
  • Further, the notice must be provided both in English and in the employee’s primary language. (The NYS Commissioner of Labor is tasked with creating non-English template notices.)
  • Employers must maintain these notices for six years.
  • An employee who does not receive such a notice within 10 days of hire may report this violation to NYS DOL; in effect bringing action against the employer to recover $50 per week not notified, up to $2,500.

• Information in wage statements— Employers are required to provide comprehensive pay statements each payroll period, specifying applicable dates that wages cover, employee/employer names, address and phone number, the rate or rates of pay and the basis thereof, gross deductions, allowances claimed as part of the minimum wage, and net wages. Non-exempt employees must be provided with statements that include the following additional information: the regular hourly rate or rates of pay, the overtime rate or rates of pay, the number of regular hours worked, and the number of overtime hours worked.

  • Employers must maintain these statements for six years.
• Liquidated Damages — Section 198 was amended to increase liquidated damages from 25% under the current law, to up to 100% of the total amount of wages due. 
• Additional Anti-Retaliation Penalties — Section 215 was amended to allow the NYS Commissioner of Labor to order additional remedies in retaliation actions; including heavy penalties and other recourse.
• Levies — The limitations period for actions brought under the Labor Law is tolled from the latter of the date of the employee complaint to the Department of Labor or the date of the NYS Commissioner of Labor’s commencement of an investigation.

Following a national trend toward strengthening worker-protection, New York now joins several states and localities with wage theft changes this year such as: Maryland, Illinois, Massachusetts, Nebraska and Washington.  

Available for download on GTM.com are the NYS (LS54) Pay Rate Notice Form (for Hourly Employees) and the NYS (LS59) Pay Rate Notice Form (for Exempt Employees).

GTM will continue to monitor these Labor Law changes to provide clients with ongoing support for all of their employment needs.  Our dedicated customer service team is available to answer any questions that clients may have regarding “The Act” in general; or more specifically in regard to calculating rate of pay, overtime rate of pay, or reporting requirements as amended under Section 195; Simply call (518) 373-4111 or email customerservice@gtm.com.

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At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life!  With nearly 20 years of experience in the payroll services industry, New York-based GTM Payroll Services has been continually guiding and educating thousands of clients throughout the U.S. with services such as labor compliance, human resources services, workers' compensation and health insurance needs. 

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The items included in this blog are informational only and are not meant to exclude the tax advice from an accredited representative.  Please consult the experts at GTM or another professional tax adviser for more information and to determine how any item applies to your personal tax scenario.

NY Labor Law Changes Take Effect November 29th

Provisions Under New York’s Domestic Workers’ Bill Of Rights Take Effect November 29^th

Important update for New York Employers regarding changing Labor Laws,
from the nanny payroll tax experts at GTM Payroll Services

Earlier this year, the landmark signing into law of New York’s Domestic Workers’ Bill of Rights, amended the state’s labor law, executive law and workers' compensation law; as they relate to the employment of domestic workers. 

On November 29, six specific provisions under this new law will go into effect.  Of particular importance is the establishment of regulations impacting:

1. Pay Frequency
2. Overtime Compensation
3. Time off (Unpaid and Paid)
4. Insurance
5. Notification to Employees and Record Keeping
6. Protection from Unlawful Discrimination

GTM recommends that all NYS employers review these changes to the labor laws, and take the appropriate action necessary for compliance, by or on November 29, 2010.  Please click here for more detailed information on each of the above provisions and steps that need to be taken. 

GTM will continue to monitor this legislation to provide clients with ongoing support to aid with all of their household employment needs.  Our customer service team is available to answer any questions that clients may have regarding this law.  Simply call (800) 929-9213 or email customerservice@gtm.com.

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At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life!  With nearly 20 years of advocacy for the professionalism of the household employment industry, New York-based GTM Payroll Services has been continually guiding and educating thousands of clients throughout the U.S. with services for household employment such as "nannytax", labor compliance, human resources help, workers' compensation and health insurance needs.  Additionally, Guy Maddalone's How To Hire A Nanny: A Household HR® Handbook (Sourcebooks/Sphinx Legal, 2006) has helped set the standard for any family interested in learning how to be a compliant and successful employer.  

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The items included in this blog are informational only and are not meant to exclude the tax advice from an accredited representative.  Please consult the experts at GTM or another professional tax adviser for more information and to determine how any item applies to your personal tax scenario.

Tax Tips - Five Important Facts about Dependents & Exemptions

(An excerpt from IRS.gov)

When you prepare to file your tax return, there are two things that will factor into your tax situation: dependents and exemptions. Here are five important facts that the IRS wants you to know about dependents and exemptions before you file your 2009 tax return.

1. If someone else claims you as a dependent, you may still be required to file your own tax return. Whether or not you must file a return depends on several factors, including the amount of your unearned, earned or gross income, your marital status, any special taxes you owe and, any advance Earned Income Tax Credit payments you received.

2. Exemptions reduce your taxable income. There are two types of exemptions: personal exemptions and exemptions for dependents. For each exemption you can deduct $3,650 on your 2009 tax return. Exemption amounts are reduced for taxpayers whose adjusted gross income is above certain levels, depending on your filing status.

3. If you are a dependent, you may not claim an exemption. If someone else – such as your parent – claims you as a dependent, you may not claim your personal exemption on your own tax return.

4. Your spouse is never considered your dependent. On a joint return, you may claim one exemption for yourself and one for your spouse. If you’re filing a separate return, you may claim the exemption for your spouse only if they had no gross income, are not filing a joint return, and were not the dependent of another taxpayer.

5. Some people cannot be claimed as your dependent. Generally, you may not claim a married person as a dependent if they file a joint return with their spouse. Also, to claim someone as a dependent, that person must be a U.S. citizen, U.S. resident alien, U.S. national or resident of Canada or Mexico for some part of the year. There is an exception to this rule for certain adopted children. See IRS Publication 501, Exemptions, Standard Deduction, and Filing Information for additional tests to determine who can be claimed as a dependent.

For more information on exemptions, dependents and whether or not you or your dependent needs to file a tax return, see IRS Publication 501,available on IRS.gov.  

**Don't forget about the Child & Dependent Care Tax Credit or your individual DCAP plans.
For information on these tax credits or your nanny tax compliance, contact GTM at (888) 432-7972, visit  GTM.com, or simply click here totry discover your potential Tax Savings using our FREE enhanced online tax calculator!

The most accurate tool currently available, including annualized payroll and tax information, our FREEenhanced online tax calculator aids in estimations for Tax Savings which household employers could potentially benefit from, with NEW DCAP and Child & Dependent Care Tax Credit calculations. 

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GTM’s expertise in the household employment and business services arenas enable us to offer the information, services, tools and resources our clients need. For a FREE – No Obligation Consultation for your household or business, contact GTM at 800.929.9213today! Or chat LIVE with one of GTM’s professional Tax & Payroll Specialists at www.GTM.com.

At GTM we aim to provide access to the most comprehensive employee benefit plans & solutions available with better advice, better service and better value...for an easier life!

 

Compliance Update

Social Security Wage Base Remains at $106,800 in 2010

The Social Security Administration (SSA) announced on Thursday, October 15, 2009, that the 2010 social security wage base will be $106,800, unchanged from 2009. As in prior years, there is no limit to the wages subject to the Medicare tax; therefore all covered wages are still subject to the 1.45% tax.

The FICA tax rate, which is the combined social security tax rate of 6.2% and the Medicare tax rate of 1.45%, remains at 7.65% for 2010. The maximum social security tax employees and employers will each pay in 2010 is $6,621.60. This is unchanged from the 2009 maximum.

The social security wage base for self-employed individuals in 2010 will also be $106,800. There is no limit on covered self-employment income that will be subject to the Medicare tax. The self-employment tax rate remains 15.3% (combined social security tax rate of 12.4% and Medicare tax rate of 2.9%). In 2010, the maximum social security tax for a self-employed individual will be $13,243.20. This is unchanged from the 2009 maximum.

FICA coverage threshold unchanged for domestic workers

The threshold for coverage under social security and Medicare for domestic employees will be $1,700 in 2010, unchanged from 2009.

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At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life!

The items included in this update are informational only and are not meant to exclude the tax advice from an accredited representative.  Please consult GTM for more information and to determine how any item may apply to your personal tax scenario.

Federal Minimum Wage Rates To Increase In July

Under the Fair Labor Standards Act (FLSA), the federal minimum wage for covered nonexempt employees will increase to $7.25 per hour, effective July 24, 2009.

The federal minimum wage is the minimum amount per hour an employer (households and businesses (most business labor types) must pay their employees unless the state of employment has a higher state minimum wage or local prevailing wage. In that case, where an employee is subject to both the state and federal minimum wage laws, the employee is entitled to the higher minimum wage rate.

More information on this increase can be found on the U.S. Department of Labor website. And for more information on tax, payroll and HR services, visit the experts at GTM.com.

COBRA Answers for Employers

Please be advised - The IRS is implementing tax-related provisions under the new American Recovery and Reinvestment Act of 2009 as quickly as possible.

• COBRA: Health Insurance Continuation Subsidy. The IRS has provided extensive guidance online for employers, including an updated Form 941, as well as information for qualifying individuals.
• Payroll Checks Increase This Spring. In relation to the Making Work Pay Tax Credit, the IRS has issued new withholding tables for employers (Notice 1036). The IRS asks that employers begin using these new tables as soon as possible, and no later than April 1, 2009.

GTM Payroll Services encourages all clients to maintain proper supporting documentation for the COBRA credit claimed. Such documentation includes, but is not limited to:

• Information on the receipt, including dates and amounts, of the assistance eligible individuals’ 35 percent share of the premium.
• In the case of an insured plan, copy of invoice or other supporting statement from the insurance carrier and proof of timely payment of the full premium to the insurance carrier required under COBRA.
• In the case of a self-insured plan, proof of the premium amount and proof of the coverage provided to the assistance eligible individuals.
• Declaration of involuntary termination, including the date of the involuntary termination (which must be during the period from Sept. 1, 2008, to Dec. 31, 2009), for each covered employee whose involuntary termination is the basis for eligibility for the subsidy.
• Proof of each assistance eligible individual’s eligibility for COBRA coverage at any time during the period from Sept. 1, 2008, to Dec. 31, 2009, and election of COBRA coverage.
• A record of the SSN’s of all covered employees, the amount of the subsidy reimbursed with respect to each covered employee, and whether the subsidy was for one individual or two or more individuals.
• Other documents necessary to verify the correct amount of reimbursement.

This documentation must be maintained, but is not be required to be submitted to the IRS.

A few general items you need to be aware of regarding the new recovery package:

Could the new law affect 2008 tax returns?  Generally, no. The new law does not have any major impact for the vast majority of individuals preparing their 2008 tax returns due April 15. Instead, these changes will largely impact 2009 tax returns filed next year, in 2010. Taxpayers should continue to prepare their 2008 tax returns as they normally would.

There are a few limited areas in the law that could impact 2008 tax returns. For some small businesses, changes in the net operating loss provisions could affect 2008 tax returns. 

Where can I find more details on the tax provisions of the recovery law?  The IRS will be providing more details on this web site as they become available. Currently a summary of the key provisions is currently available from the Senate Finance and House Ways and Means committees, as well as information available in the SSA/IRS Newsletter for Employers (Spring 2009).

COBRA Information for Employers

Under the American Recovery and Reinvestment Act of 2009, certain individuals who are eligible for COBRA continuation health coverage, or similar coverage under State law, may receive a subsidy for 65 percent of the premium. These individuals are required to pay only 35 percent of the premium.

The employer may recover the subsidy provided to assistance-eligible individuals by taking the subsidy amount as a credit on its quarterly employment tax return. The employer may provide the subsidy — and take the credit on its employment tax return — only after it has received the 35 percent premium payment from the individual.

• How will an employer be reimbursed for the COBRA subsidy that it has provided to eligible individuals?  The COBRA subsidy amount is reimbursed by being claimed as a credit on the Form 941. The Form 941 has been revised to allow for this credit.
• How does an employer claim the credit for the COBRA subsidy?  The credit is claimed on Line 12a of the January 2009 revision of the Form 941, which was posted on the IRS website on Feb. 20. In addition, the Form 941 filer also needs to include the number of individuals provided COBRA premium assistance on Line 12b.
• Is the employer required to provide the COBRA subsidy?  The subsidy requirement applies to group health plans that are subject to the Federal COBRA continuation coverage requirements or to similar requirements under State law. If you are an employer with such a plan and you receive a 35 percent payment from an assistance-eligible individual, you are required to make the remaining 65 percent payment.
• What if the employer’s group health plan is self-insured?  Do the subsidy requirements apply? Yes, the subsidy requirements apply to all plans subject to the COBRA requirements, including self-insured plans. In that case, the employer must provide the COBRA coverage if the assistance eligible individual pays 35 percent of the otherwise required premium. The remaining 65 percent is treated as a payment of payroll taxes by the employer maintaining the plan.
• Is the employer required to claim the credit on Form 941 for the quarter during which the COBRA subsidy is provided to assistance eligible individuals?  No. Instead of claiming the credit on Form 941 for the quarter during which the COBRA subsidy is provided, the employer may generally choose to claim the credit on Form 941 for a later quarter in the same calendar year.
• Alternatively, if the employer has not claimed the credit on the original Form 941 for the quarter during which the COBRA subsidy was provided, the employer can file Form 941X for that quarter. In all cases, however, if an employer chooses to reduce its payroll tax deposits during a quarter by the amount of subsidy provided during the quarter (or during a previous quarter), it must claim the credit for that subsidy amount on Form 941 for the quarter during which its payroll tax deposits were reduced. In addition, of course, an employer may not claim credit for the same subsidy amount on Form 941 for more than one quarter.
• Is there a specific date when employers can no longer take this credit?  An individual can be eligible for the COBRA subsidy based on an involuntary termination of employment that occurs as late as Dec. 31, 2009 (the qualifying event), and the subsidy can apply for up to nine months of COBRA coverage, which generally begins shortly after the qualifying event.  It is therefore expected that eligibility for the subsidy will be exhausted by the end of 2010 and Form 941 for the fourth quarter of 2010 will be the last time to take the subsidy credit.

GTM's Business Resource Center offers clients and partners with valuable tools and resources needed to help address your tax and payroll needs.

Quick Links for Businesses

• Publication 15 Circular E, Employers Tax Guide
  
• Publication 15 T - New Wage Withholding & Advanced Earned Income Credit Payment Tables (NEW for 2009*)
• Tax & Payroll Responsibilities
• Tax Calendar
• Tax Calculator

More information on the COBRA subsidy, and answers to common questions, are available from the U.S. Department of Labor and the IRS Newsroom. 

At GTM we aim to provide access to the most comprehensive services & solutions available with better advice, better service and better value...for an easier life!

The items included in this blog are informational only and are not meant to exclude the tax advice from an accredited representative.  Please consult a professional tax advisor for more information and to determine how any item applies to your personal tax scenario.