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- @096 CHAP 5
-
- ┌──────────────────────────────────────────────┐
- │ FEDERAL AND STATE UNEMPLOYMENT TAXES │
- └──────────────────────────────────────────────┘
-
- With relatively few exceptions, all businesses with employ-
- ees must pay unemployment taxes, both federal and state.
- The federal tax (and in most states, the state tax as well)
- is imposed entirely upon the employer. The federal unem-
- ployment tax in 1995 is nominally 6.2% of the first $7,000
- of annual wages per employee. In practice, however, the
- federal rate is usually only 0.8% (for a maximum tax of $56
- per employee), since a credit for up to 5.4% is given for
- state unemployment taxes paid, or if the employer has a
- favorable "experience rating" for state unemployment tax
- purposes in @STATE.
-
- @IF120xx]NOTE RE UNEMPLOYMENT TAX FOR @NAME:
- @IF120xx]------------------------------------------------------------
- @IF120xx]Since you are operating as an owner of an unincorporated
- @IF120xx]business, rather than as an employee of a corporation, your
- @IF120xx]personal earnings from the business are not subject to state
- @IF120xx]or federal unemployment taxes. This will save your firm sev-
- @IF120xx]eral hundred dollars a year of such taxes on your business
- @IF120xx]earnings, as compared to what you would pay if you were oper-
- @IF120xx]ating @NAME as a corporation.
- @IF120xx]------------------------------------------------------------
- @IF120xx]
- . FEDERAL UNEMPLOYMENT TAX ("FUTA").
-
- Your business will be required to pay FUTA taxes for any
- calendar year if during any calendar quarter of the current
- or preceding calendar year you paid wages of $1,500, or if
- during either year you had one or more employees for at
- least a portion of a day during any 20 different calendar
- weeks during the year. You must count individuals on va-
- cation and sick leave in making this determination. Need-
- less to say, this will cover almost any business that has
- even one employee, even part-time.
-
- If the FUTA liability during any of the first 3 calendar
- quarters is more than $100, you must deposit the tax with a
- federal tax deposit coupon at an authorized bank during the
- month following the end of the quarter. If the tax is $100
- or less, you are not required to make a deposit, but you
- must add it to the taxes for the next quarter. For the
- fourth quarter, if the undeposited FUTA tax for the year is
- more than $100, deposit the tax with a tax deposit coupon
- by January 31. If the balance due at year-end is $100 or
- less, either deposit with the coupon or mail it in with
- your federal unemployment tax return (Form 940) by January
- 31. Form 940 is not due until February 10 if all of the
- FUTA tax for the prior year has already been deposited when
- due.
-
- NOTE FOR SMALL EMPLOYERS: The IRS now offers Form 940-EZ,
- which is a greatly simplified FUTA return for small em-
- ployers. In general, the small employers who can use the
- simplified 940-EZ form are those who:
-
- . Pay unemployment tax to only one state;
-
- . Pay all state unemployment taxes by Form 940-EZ's
- due date; and
-
- . Whose wages subject to FUTA are also taxable for
- state unemployment tax purposes.
-
-
- . @STATE UNEMPLOYMENT TAX.
-
- The state also imposes an unemployment tax, which meshes
- closely with the federal unemployment tax.
-
- The state unemployment tax is imposed on the employer (only)
- in all states except Alaska, New Jersey and Pennsylvania.
- @CODE: AK NJ PA
- In @STATE, most of the tax is imposed on the employer.
- @CODE:OF
- @CODE: AK
- However, a 0.5% tax also applies to the employee. Both the
- employer and employee are subject to tax only on the first
- $23,900 of annual wages of the employee (in 1995).
-
- @CODE:OF
- @CODE: PA
-
- . RATE: 3.5% (1995 rate).
-
- . WAGE BASE: The first $8,000 of wages (for 1995).
-
- However, a 0.15% tax also applies to the employee under
- the Pennsylvania unemployment tax law.
-
- @CODE:OF
- @CODE: NJ
-
- . RATE: 2.8% (1995 rate).
-
- . WAGE BASE: The first $17,600 of wages (for 1995).
-
- However, a 0.625% tax also applies to the employee under
- the New Jersey unemployment tax law.
-
- @CODE:OF
- @CODE: HI CA NM AZ FL IN MS NH SC GA NY TN MA AR CT ID IA KY LA MD KS MT OH ME MN ND MI NB NV NC OK RI SD DC AL IL VT UT VA WA WV WS WY
- @CODE:NF
- The state unemployment tax is imposed on the employer, not
- the employee, in @STATE.
-
- The unemployment tax rate for a new employer in the state
- of @STATE is:
-
- @CODE:OF
- @CODE: HI
- . RATE: 1.9% of the wage base (1994 rate)
- (Plus a 0.05% employment training tax)
-
- . WAGE BASE: The first $25,000 of wages per employee
- (for 1994) or $25,500 in 1995.
-
- @CODE:OF
- @CODE: CA
- . RATE: 3.4% of the wage base (1995 rate)
- (Plus 0.1 employment training tax,
- usually)
-
- . WAGE BASE: The first $7,000 of wages per employee
- (for 1995)
-
- @CODE:OF
- @CODE: AZ FL IN MS SC GA NH TN NY
- . RATE: 2.7% of the wage base (1995 rate).
-
- @CODE:OF
- @CODE: MA
- . RATE: 3.0% of the wage base (1995 rate).
-
- @CODE:OF
- @CODE: AZ FL IN MS SC TN NY
- . WAGE BASE: The first $7,000 of wages per employee
- (for 1995).
-
- @CODE:OF
- @CODE: NH
- . WAGE BASE: The first $8,000 of wages per employee
- (for 1995).
-
- @CODE:OF
- @CODE: GA
- . WAGE BASE: The first $8,500 of wages per employee
- (for 1995).
-
- @CODE:OF
- @CODE: NM
- . RATE: 2.7% of the wage base (1995 rate).
-
- . WAGE BASE: The first $13,500 of wages per employee
- (for 1995).
-
- @CODE:OF
- @CODE: MA
- . WAGE BASE: The first $10,800 of wages per employee
- (for 1995).
-
- @CODE:OF
- @CODE: AR
- . RATE: 3.3% (1995 rate).
-
- . WAGE BASE: The first $9,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: CT
- . RATE: 4.8% (1995 rate).
-
- . WAGE BASE: The first $10,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: ID
- . RATE: 2.1% (1995 rate).
-
- . WAGE BASE: The first $21,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: IA
- . RATE: 1.05% 1995 rate (7.05% for construction).
-
- . WAGE BASE: The first $14,200 of wages (for 1995).
-
- @CODE:OF
- @CODE: KY
- . RATE: 3.0% (1995 rate).
-
- . WAGE BASE: The first $8,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: LA MD
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $8,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: KS VT
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $8,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: MT
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $15,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: OH
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $9,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: ME
- . RATE: 4.0% (1995 rate).
-
- . WAGE BASE: The first $7,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: MN
- . RATE: 4.0% (1995 rate). 9.0% rate for the
- construction industry.
-
- . WAGE BASE: The first $15,300 of wages (for 1995).
-
- @CODE:OF
- @CODE: ND
- . RATE: 2.8% (1995 rate). 9.0% rate for the
- construction industry.
-
- . WAGE BASE: The first $13,400 of wages (for 1995).
-
- @CODE:OF
- @CODE: MI
- . RATE: 2.7% (1995 rate).
-
- . WAGE BASE: The first $9,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: NB
- . RATE: 3.5% (1995 rate).
-
- . WAGE BASE: The first $7,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: NV
- . RATE: 2.95% (1995 rate).
-
- . WAGE BASE: The first $16,400 of wages (for 1995).
-
- @CODE:OF
- @CODE: NC
- . RATE: 2.25% (1995 rate).
-
- . WAGE BASE: The first $13,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: OK
- . RATE: 3.1% (1995 rate).
-
- . WAGE BASE: The first $10,700 of wages (for 1995).
-
- @CODE:OF
- @CODE: RI
- . RATE: 3.95% (1995 rate).
-
- . WAGE BASE: The first $16,800 of wages (for 1995).
-
- @CODE:OF
- @CODE: SD
- . RATE: 1.2% (1995 rate). (Higher rate for the
- construction industry applies.)
-
- . WAGE BASE: The first $7,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: DC
- . RATE: 2.9% (1995 rate). (Except for the
- construction industry.)
-
- . WAGE BASE: The first $10,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: AL WV
- . RATE: 2.7% (1995 rate).
-
- . WAGE BASE: The first $8,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: IL
- . RATE: 4.9% (1995 rate). (Except for the
- construction industry.)
-
- . WAGE BASE: The first $9,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: UT
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $16,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: VA
- . RATE: 2.58% (1995 rate).
-
- . WAGE BASE: The first $8,000 of wages (for 1995).
-
- @CODE:OF
- @CODE: WA
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $19,900 of wages (for 1995).
-
- @CODE:OF
- @CODE: WS
- . RATE: 3.6% (1995 rate). (Higher rate for the
- construction industry applies.)
-
- . WAGE BASE: The first $10,500 of wages (for 1995).
-
- @CODE:OF
- @CODE: WY
- . RATE: (Rate varies by industry).
-
- . WAGE BASE: The first $11,900 of wages (for 1995).
-
- @CODE:OF
-
- @CODE: HI CA NM AZ FL IN MS SC GA NY TN MA AR CT ID IA KY LA MD KS MT OH ME MN ND MI NB NV NC OK RI DC SD AL IL VT UT VA WA WV WS WY
- The tax rate may be higher or lower after the employer has
- been in business long enough to establish an "experience
- rating." The tax may also vary considerably from year to
- year based on the level of solvency of the state's unemploy-
- ment insurance funds. @STATE unemployment tax returns
- are due at the end of the month following the end of each
- calendar quarter, and tax due in full at such time.
-
- @CODE:OF
- @CODE: HI
- The Hawaii unemployment tax form is Form UC-B-6. Blank
- forms and instructions are mailed to each registered employ-
- er about 15 days before the end of each calendar quarter by
- the Unemployment Insurance Division. It should be mailed,
- with payment, to the state District Tax Office in the appro-
- priate county.
-
- Employers subject to Hawaii unemployment tax are generally
- those that are subject to Federal Unemployment Tax Act
- (FUTA) coverage. A Hawaii business entity should file
- Form UC-1, Report to Determine Liability Under the Hawaii
- Employment Security Law, not later than 20 days after first
- hiring an employee. Determination of liability will be
- made and an employer subject to the tax will be assigned a
- state identification number and tax forms will be furnished.
- Form UC-1 can be obtained from the Department of Labor and
- Industrial Relations, Unemployment Insurance Division, lo-
- cated at 830 Punchbowl Street in Honolulu.
-
- Note that an employer will be assessed a $10 penalty for
- each failure to report a new hire or the separation from
- employment of an employee within 5 working days after hir-
- ing or separation.
-
- New hires are reported on Form UC-BP-5(A), while individual
- separations from employment are reported on Form UC-BP-5.
-
- @CODE:OF
- @CODE: NM
- The state unemployment tax return is Form ES-903A, which
- is filed with the New Mexico Employment Security Department.
-
- @CODE:OF
- @CODE: CA
- @CODE:NF
- California unemployment tax applies, in general, to any em-
- ployer that pays more than $100 in wages in any calendar
- quarter. If you are required to pay California unemploy-
- ment tax, you must register as an employer with the E.D.D.
- on Form DE 1 to obtain a state employer I.D. number.
-
- The quarterly state unemployment tax return is Form DE 6,
- which is also used to report California personal income tax
- and SDI withheld by employers. The Form DE 6 replaces the
- old DE 3DP form used before 1995. A Form DE 88 (revised for
- 1995) tax coupon must accompany payroll tax payments. If
- you have registered with E.D.D., you can call an automated
- telephone answering system, punch in your 8-digit employer
- I.D. number, and receive the specific tax rate that applies
- to your business, based on your "experience rating." Obtain
- a copy of the California Employer's Guide from the E.D.D.
- for details on how to access this answering system.
-
- NEW REPORTING REQUIREMENT WHEN HIRING EMPLOYEES. Many
- California employers are now required to report all new
- hires, rehires, or returning employees to the Employment
- Development Department within 30 days of their being hired
- or rehired. This can be done by filling out and filing
- EDD Form DE 34.
-
- The purpose of this new reporting requirement is to help
- the state track down parents who are delinquent on their
- child support payments and crack down on possible welfare
- fraud. (But it's also one more piece of paperwork for
- employers, required by Big Brother....)
-
- This new reporting requirement applies to employers in the
- following categories, who have 5 or more employees:
-
- . Automotive dealers and gasoline service stations;
-
- . Automotive repair, services and parking;
-
- . Building construction -- general contractors and
- operative builders;
-
- . Business services;
-
- . Construction -- special trade contractors;
-
- . Eating and drinking places;
-
- . Engineering, accounting, research, management and
- related services;
-
- . Health services;
-
- . Heavy construction other than building construction-
- contractors;
-
- . Holding companies and other investment offices;
-
- . Hotels, rooming houses, camps, and other places of
- lodging;
-
- . Landscaping and horticultural services;
-
- . Motion pictures;
-
- . Motor freight transportation and warehousing;
-
- . Water transportation;
-
- . Wholesale trade -- durable goods, or nondurable goods.
-
- Note that you do not have to report the hiring of any em-
- ployees whom you pay less than $300 a month in wages, or
- who are under 18 years of age.
-
- @IF009xx]Since your business has fewer than 5 employees, it is not
- @IF009xx]necessary for @NAME to file Form DE 34.
- @IF005xx]NOTE: @NAME has @EMP employees.
- @IF005xx]
- @IF005xx]Accordingly, you may have to file Form DE 34 if you
- @IF005xx]engage in any of the business activities enumerated
- @IF005xx]above.
-