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PAYROLL TAX AND ANNUAL FILING REQUIREMENTS 2018 – 2019

NYS Sexual Harassment Prevention – Starting on October 9, 2018, all employers are required to adopt a policy and training program or establish a prevention policy and training program that “equals or exceeds the minimum standards” established by the Department of Labor and the Division of Human Rights (see model policy at NYS website).  For more information, go to: www.ny.gov/programs/combating-sexual-harassment-workplace.

Continuing in 2019, New York Paid Family Leave (PFL) will have a few changes.  PFL benefits are available to employees of private sector employers with one or more employees.  Employers are required to obtain PFL insurance, BUT the cost of coverage is to be funded through employee payroll deduction.  The maximum employee contribution for 2019 will be 0.153% of an employee’s weekly wage, and is capped at $2.08 weekly or an annual amount of $107.97 per employee.  For more information go to:  https://paidfamilyleave.ny.gov.

Social Security and Medicare for 2019 The total withholding for social security continues at 6.2% for the employee withholding and 6.2% for the employer match. The wage base for 2019 increases to $132,900 and the maximum tax is $8,239.80 (6.2% of $132,900).  There is no limit on the amount of earnings subject to Medicare tax.  The Medicare tax rate remains at 1.45%, with the exception of “Additional Medicare Tax” for higher wage earners (explained below).  The employer match also remains the same at 1.45% of gross wages with no ceiling. 

Additional Medicare Tax – Employers are required to withhold an Additional Medicare Tax of .9% on wages and other compensation that is paid to a single employee in excess of $200,000 in a calendar year.  There is no employer match on the compensation subject to Additional Medicare Tax.

Minimum Wage for 2019 – The minimum wage increases to $11.10 per hour for wages paid in the greater area of New York State.

Federal Unemployment Insurance – The federal wage base for unemployment insurance continues at $7,000 for 2019 with the effective tax rate of .6%

NYS Unemployment Insurance – NYS unemployment wage base for 2019 has been raised to $11,400. 

Notice and Acknowledgement of Pay Rate and Payday – Forms LS 52 – 57 – You must have a completed Form LS 52, 54, 55, 56 or 57 (depending on the type of employee), on file for all new employees.  This form should be updated every time a change in wages occurs.  A signed, completed copy must also be provided to the employee and one copy is to be retained in the employee file.  A copy of these forms can be obtained at www.labor.ny.gov/home. (Labor Law 195(1))

PAYMENT OF WITHHOLDING TAXES

Federal Payment Requirements:     

IRS should have notified you during the fourth quarter of 2018 of your depository status for 2019.  This status is determined by your history of total withholding liability for the period 07/01/17 through 06/30/18.  If that total is more than $50,000, you are required to make semi-weekly deposits. If your accumulated liability for a quarter is over $2,500, you must make monthly deposits.  IRS must notify you of being a 944 filer.  The computation of liability remains the same:

Total Deposit = (Social Security W/H @ 6.2% X 2) + (Medicare W/H @ 1.45% X 2) + Federal W/H
(also include “Additional Medicare Tax” withholding for wages greater than $200,000)

Payment of payroll tax liability is determined by the following:

Deposit Rule for Form 941

1. End of quarter, liability is under $2,500
2. End of month, liability is under $2,500
3 . Monthly Depositor
4 . Semi-Weekly Depositor

a. Pay Date Wed thru Friday
b. Pay Date Sat thru Tuesday
5. Over $100,000

Deposit Due

1. No deposit needed, attach check to Form 941
2. Accrue to next month (unless at end of quarter)
3 . Deposit due on 15th day after end of month
4 . Depends on Pay Date:

a. Deposit due following Wednesday
b. Deposit due following Friday
5. Deposit due within one banking day

New York State Payment Requirements:

Liability is computed based on actual total withholding of New York State tax and is summarized as follows: 

Deposit Rule

Total Withholding:

1. $0 to $699.99
2. Over $700

Deposit Due

1. Due quarterly when Form NYS-45 is filed     electronically

2. Due to NYS electronically with Form NYS-1 within five business days of the payroll date that created the liability in excess of $700 (due within three days if total liability for withholding tax in 2018 was over $15,000)

If you have filed at least once during the calendar quarter (using Form NYS-1) and have an unremitted balance of tax withheld that is less than $700 after the last payroll of the quarter, remit this amount with your quarterly return, Form NYS-45, instead of with Form NYS-1.

QUARTERLY REPORTING REQUIREMENTS
(Due the last day of January, April, July and October)

FORM 941 – FEDERAL WITHHOLDING TAXES – "Employer's Quarterly Federal Tax Return", used by employers who withhold income, social security and medicare from employees’ wages, must be filed every quarter (with the exception of seasonal employers), even if employees had no wages.

FORM 940 – DEPOSITS OF FEDERAL UNEMPLOYMENT INSURANCE TAXFederal Unemployment Insurance (FUTA Tax) is computed on a quarterly basis at the net rate of 0.6% of the first $7,000 in gross wages paid per employee per calendar year.  No deposit is required for any quarter in which the liability plus the accumulated liability for the previous quarters is less than $500 (except for fourth quarter).  You must make your deposit using EFTPS if over $500, (see annual reporting requirements below).

FORM NYS–45 AND NYS–45–ATT – NYS COMBINED WITHHOLDING & UNEMPLOYMENT New York State continues to use Form NYS–45, "Quarterly Combined Withholding Wage Reporting and Unemployment Insurance Report" to report quarterly liability for unemployment insurance along with reconciling NYS withholding for the quarter. The Wage Base for NYS unemployment has been increased to $11,400 for 2019. Form NYS–45–ATT is to be used when there are six or more employees. Beginning with the quarter ending March 31, 2019, you must complete all of Form NYS-45, Part C Columns D and E, each quarter for all employees. Again, NYS mandates electronic filing of these forms.

ANNUAL REPORTING REQUIREMENTS

FORM 944 –This is the ANNUAL form designed for small businesses whose annual liability is less than $1,000 to file and pay.  This form along with payment of tax due must be filed and paid by January 31st. The computation of liability is (Social Security withholding @ 6.2% X 2) + (Medicare withholding @ 1.45% X 2) + Federal withholding.  NOTE:  If your liability increases during the year, you must make monthly payments using the $2,500 rule.

FORM 940 – This is the ANNUAL Federal Unemployment Insurance Tax form for employers, which reconciles all payments made, if any, for the year to quarterly liabilities.  The balance, if under $500, may be paid with the form, all others must make the deposit using EFTPS.

FORM W-2 – “Wage and Tax Statement.”  Wage statements must be completed and distributed to employees by January 31, 2019.  Please review the instructions before completion.  Use forms W–2C and W–3C to correct errors on previously filed W–2’s and W–3.

FORM W-3 – “Transmittal of Wage and Tax Statements.”  This is a transmittal and reconciliation form required to accompany the W-2 Forms. Form W–3, together with W–2's are to be filed by January 31, 2019 with the Social Security Administration. 

FORM 1099 – "Federal Information Return for the Calendar Year 2018."  You must provide the recipient with a copy of Form 1099 on or before January 31, 2019.  You must issue Form 1099 MISC for payments of $600 or more made in the course of your trade or business to an unincorporated business for services.  If you have to report non-employee compensation in Box 7 of Form 1099 MISC, the 1099 must also be filed with the IRS by January 31, 2019.  Make sure to withhold tax at 24% if you do not have a valid W-9 on file.

FORM 1096 – “Annual Summary and Transmittal of U.S. Information Returns.”  A separate transmittal Form 1096 along with prepared Form 1099’s must be filed with the Internal Revenue Service.  Please refer to www.irs.gov/pub/irs-pdf/i1099gi.pdf regarding due date for 1099 filings.

ADDITIONAL INFORMATION

If you do not receive the forms from the taxing agencies, you should contact those agencies and request the missing forms be mailed to you as soon as possible. Telephone numbers of the various agencies are:

IRS – Information for Individuals 1-800-TAX-1040 (829-1040)
IRS – Information for Business and Specialty Tax Line 1-800-829-4933
IRS – Forms and Publications 1-800-TAX-FORM (829-3676)
IRS – Information on Electronic Filing (EFTPS) & Payments  1-800-555-4477

Social Security Administration – General Questions 1-800-772-1213
Social Security Administration – Employers 1-800-772-6270
   
NYS Dept. of Tax & Fin – Taxpayer Assistance 1-518-457-5181
NYS Dept. of Tax & Fin – Taxpayer Assistance - Forms 1-518-457-5431
NYS Dept. of Tax & Fin – Sales Tax Assistance 1-518-485-2889
NYS Fair Labor Standards 1-888-469-7365
NYS Fair Labor Standards – Binghamton 1-607-721-8014
NYS Labor Dept. – Unemployment Insurance Information 1-888-899-8810
NYS Dept of State – Division of Corporations 1-518-473-2492
NYS Workers Compensation Disability Benefits Bureau 1-800-353-3092
NYS Workmen’s Compensation Board 1-877-632-4996
NYS Paid Family Leave 1-844-337-6303
NYS New Hire Notification – Fax: 1-518-320-1080

Most forms and publications can be downloaded by going to the following websites:

Internal Revenue Service www.irs.gov
IRS – Forms, Instructions, and Publications www.irs.gov/forms-instructions
U.S. Department of Labor www.dol.gov
Social Security Administration www.ssa.gov
U.S. Citizenship and Immigration Services www.uscis.gov
EFTPS (Electronic Federal Tax Payment System) www.eftps.gov/eftps/
NYS Department of Taxation & Finance www.tax.ny.gov
NYS Forms and Instructions www.tax.ny.gov/forms/
NYS Department of Labor www.labor.ny.gov
NYS New Hire Online https://www.tax.ny.gov/bus/wt/newhire.htm
NYS Paid Family Leave https://paidfamilyleave.ny.gov
NYS Sexual Harassment www.ny.gov/programs/combating-sexual-harassment-workplace.com

This payroll tax and annual filing requirement letter has been prepared as a guide and does not attempt to take the place of any of the publications provided to you by the various taxing authorities.

If you have any questions, please do not hesitate to call our office at (607) 432-8700.

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