Year End and What's up for 2020! - Brought to you by: Becky Harshberger & Helen Hinton
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Year End and What’s up for 2020! Brought to you by: Becky Harshberger bharshberger@ep.com & Helen Hinton helen.hinton@aecom.com
2020 Draft Form W-4 • During the October 3 IRS payroll industry telephone conference call, it was announced that the final version of the 2020 Form W-4 (Employee's Withholding Certificate) will be issued by the end of November. • The final version of the corresponding new Publication 15-T (Federal Income Tax Withholding Methods) is expected to be issued in December. • To help employers and taxpayers understand the new Form W-4 and Publication 15-T, there was an IRS webinar on October 22 – it is available for listening on the IRS Website. 2
2020 Draft Form W-4 Notable changes • Step-by-step process o Step 1: Personal information o Step 2: Account for multiple jobs o Step 3: Claim dependents o Step 4: Other adjustments (optional) o Step 5: Sign and date 4
2020 Draft Form W-4 Redesigned form • 5-Step process • No withholding allowances • New filing status • Claiming exempt • Privacy concerns • Withholding Estimator 5
Publication 15-T o Employer’s Withholding Worksheet o One calculation for both Legacy and New Form W-4 6
Scenario #1 Fred uses 2019 Legacy Form W-4 • Paid weekly $1,750 • Claims married with 5 allowances • Line 6 blank 7
Scenario #1 Fred uses 2019 Legacy Form W-4 • Employer’s Withholding Worksheet Line Result 1a $ 1,750.00 1b 52 1c $ 91,000.00 8
Scenario #1 Fred uses 2019 Legacy Form W-4 • Employer’s Withholding Worksheet Line Result 1j 5 1k $21,000.00 1l $70,000.00 9
Scenario #1 Fred uses 2019 Legacy Form W-4 • Employer’s Withholding Worksheet Line Result 2a $70,000.00 2b $31,200.00 2c $1,940.00 2d 12% 10
Scenario #1 Fred uses 2019 Legacy Form W-4 • Percentage Method Tables See Page 5-42 11
Scenario #1 Fred uses 2019 Legacy Form W-4 • Employer’s Withholding Worksheet Line Result 2e $38,800.00 2f $4,656.00 2g $6,596.00 2h/4b $126.85 12
Scenario #2 Fred uses 2020 Form W-4 • Claiming Married filing jointly • Step 2 not marked • Nothing entered in Steps 3 or 4 13
Scenario #2 Fred uses 2020 Form W-4 (no steps 2-4) • Employer’s Withholding Worksheet Line Result 1a $ 1,750.00 1b 52 1c/1e $ 91,000.00 14
Scenario #2 Fred uses 2020 Form W-4 (no steps 2-4) • Employer’s Withholding Worksheet Line Result 1f 0 1g/1h $12,600.00 1i/2a $78,400.00 2b $31,200.00 15
Scenario #2 Fred Smith uses 2020 Form W-4 (no steps 2-4) • Employer’s Withholding Worksheet – Percentage Method Line Result 2c $1,940.00 2d 12% 2e $47,200.00 16
Scenario #2 See Page 5-42 Fred Smith uses 2020 Form W-4 (no steps 2-4) • Employer’s Withholding Worksheet – Percentage Method 17
Scenario #2 Fred Smith uses 2020 Form W-4 (no steps 2-4) • Employer’s Withholding Worksheet – Percentage Method Line Result 2f $5,664.00 2g $7,604.00 2h/4b $146.23 18
Scenario #3 Fred uses 2020 Form W-4 • Claiming married filing jointly • Step 2 box checked R • Step 3 = $6,500 • Step 4a = $26,000 • Step 4b = $2,600 • Step 4c = $100 19
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 1a $ 1,750.00 1b 52 1c $ 91,000.00 20
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 1d $26,000.00 1e $117,000.00 1f $2,600.00 1g $0.00 21
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 1h $2,600.00 1i/2a $114,400.00 22
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 2b $96,400.00 2c $14,382.50 2d 24% 23
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) See Page 5-42 • Employer’s Withholding Worksheet – Percentage Method 24
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 2e $18,000.00 2f $4,320.00 2g $18,702.50 2h $359.66 25
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 3a $6,500.00 3b $125.00 3c $234.66 26
Scenario #3 Fred uses 2020 Form W-4 (steps 2-4) • Employer’s Withholding Worksheet Line Result 3c $234.66 4a $100.00 4b $334.66 27
2020 State W-4s • States that have been using the Federal W-4 may be looking at issuing their own forms • Currently CO, DE, NE, NM, ND, SC, and UT use the federal W-4 only • ID, MT, OR, & VT created a new state W-4 form in 2019 • NE is planning to issue a 2020 state W-4 • NM will continue to use the Federal W-4 for 2020 • SC may issue a 2020 state W-4 (per their website) • UT will likely continue to use the Federal W-4 as the UT calculation only uses marital status from the Federal W-4 (does not make adjustment for any exemptions/allowances) 28
Thresholds for 2020 already announced Social Security Wage Base • The 2020 social security wage base will be $137,700. • As in 2019, wages paid in excess of $200,000 in 2020 will be subject to an extra 0.9% Medicare tax that will be withheld only from employees’ wages. Employers will not match the extra tax. • The maximum social security tax employees and employers will each pay in 2020 is $8,537.40, up from $8,239.80 in 2019. 29
More thresholds for 2020! Pension Plan Limits • Elective deferrals to 401(k), 403(b), most 457 plans – increased to $19,500 (from $19,000) • Catch up contributions – INCREASED to $6,500 (from $6,000) • Max annual benefit under defined benefit plan - $230,000 (up from $225,000) • Annual contributions to an IRA – remains at $6,000; catch up remains at $1,000 30
More thresholds for 2020! HSA Annual Contribution Limit • The 2020 maximum annual HSA contribution for an eligible individual with self-only coverage is $3,550 ($3,500 in 2019) • For family coverage, the 2020 maximum annual HSA contribution is $7,100 ($7,000 in 2019) Maximum Out-of-Pocket Spending on HSA-Compatible HDHPs • Self-only coverage maximum is $6,900 ($6,750 in 2019) • Family coverage maximum is twice that, $13,800 ($13,500 in 2019) Minimum Deductible Amounts for HSA-Compatible HDHPs • The minimum deductible is $1,400 ($1,350 in 2019) for self-only coverage and $2,800 ($2,700 in 2019) for family coverage 31
More thresholds for 2020! FSA Contributions • Health FSA limit (under cafeteria s.125 plan) is increased to $2,750 (from $2,700) • Dependent care limit remains at $5,000 (MFJ/Single) or $2,500 (MFS) - not inflation adjusted Qualified Transportation and Qualified Parking (Rev Proc 2019-44) • Monthly exclusion limit increased to $270 (from $265) 32
More thresholds for 2020! Adoption Assistance Programs • Exclusion increased to $14,300 per year (from $14,080) • Phase out begins for modified AGI in excess of $214,520 • Completely phased out for modified AGI of $254,520 or more Foreign Earned Income Exclusion • Increased to $107,600 (from $105,900) • Must meet Sec 911 criteria and have Form 2555 on file for 2019 Federal Tax Levy Exempt Amount • Increased to $4,300 (from $4,200 in 2019) • New as a result of tax reform, for use when the personal exemption amount is zero 33
More thresholds for 2020! Standard Deduction • Increased to $24,800 (from $24,400) MFJ • Increased to $12,400 (from $12,200) for Single and MFS • Increased to $18,650 (from $18,350) for HoH Reporting Penalties • Returns required to be filed in 2021 • For failure to timely file accurate information return / failure to timely furnish accurate employee statement • Per return penalties – $50 if filed/corrected within 30 days, $110 if before Aug 1 (up from $100) and $280 after Aug 1 (up from $270) • Maximum penalties – $565,000, $1,696,000 and $3,392,000 respectively 34
More thresholds for 2020! Employer Owned Vehicles • Can only use cents-per-mile to value personal use of employer owned vehicles if the FMV is below a specified amount • IRS made a big change to this number in mid-2019 • For 2019, the amount was adjusted to $50,400 for cars, trucks & vans (under previous rules it was $15,700 for cars and $17,600 for trucks & vans) • The 2020 amount is still to be announced • It means you can now use cents-per-mile for higher-value vehicles 35
More thresholds for 2020! 36
California 2020 Tax Updates • CA UI rate schedule in effect for 2020 will continue to be Schedule F+, which provides for contribution rates from 1.5% to 6.2% (the Schedule in use is based on overall fund balance) • New employer UI rate is to remain at 3.4% • ETT rate will remain at 0.1% (for positive-rated and new employers) • UI and ETT taxable wage base will remain at $7,000 • 2020 CA SDI wage base up to $122,909 (from $118,371 for 2019) – tax rate remains at 1% • Max SDI withholding for employees will be $1,229.09 – a rise of $45.38 from $1,183.71 in 2019 37
FUTA / SUTA Updates • For 2019, US Virgin Islands is the only state with a FUTA credit reduction – 2.7% (2.4% in 2018) • Most states have released 2020 wage bases: https://www.americanpayroll.org/compliance/compliance- overview/state-unemployment-wage-bases • Should be starting to receive 2020 rate notices (GA, NH, OK, TN, VT) – opportunities to audit rate notices / benefit charges, and review voluntary contributions / joint account elections to reduce rates 38
W-2 Related Updates – Truncated SSNs Truncated SSNs on Form W-2 • Employers have the option to truncate SSNs on the employee copy of the Form W-2 & W-2c starting with the 2020 Form W-2 (furnished in 2021) – i.e. not this year! • The truncated SSN would appear as XXX-XX-1234 (similar to allowance for Form 1099 series) • The full SSN must appear on the W-2/W-2c copy filed with the SSA 39
W-2 Related Updates – SSA ‘No-Match’ Notices SSA sending out Form W-2 name/SSN “no-match” notices • Official name is Educational Correspondence (EDCOR) notices or Employer Correction Request Notices • Started mailing in March 2019 • Sample correction request notice at https://www.ssa.gov/employer/notices/EmployerCorrectionRequest.pdf • Employers are advised to take action to correct the SSN mis-match within 60 days 40
W-2 Related Updates – Form W-2 Verification Code, Discontinued • In October 2019, the IRS announced it will discontinue the Form W-2 Verification Code pilot program for the 2019 tax year. The IRS said that because federal law now requires employers to submit Forms W-2 by January 31 each year, it can combat fraud and identity theft without the need for the verification code. Background In 2016, the IRS worked with four payroll service providers (PSPs) – ADP, Ceridian, Intuit, and Paychex – that placed a 16-character verification code on Forms W-2 issued to the employees of certain clients. Between 2016 and 2018, additional PSPs participated in the program and the number of W-2s on which the verification code appeared increased from approximately two million to more than 60 million. The Form W-2 verification code pilot program “marked an unprecedented cooperative effort between payroll service providers, employers, tax software providers, tax professionals, the Social Security Administration, and the IRS to identify new avenues to ensure the accuracy of information reported on tax returns and to identify fraudulent tax returns,” the IRS said. In its announcement that it would discontinue the program, the IRS “expresses its appreciation to the many stakeholders, especially the payroll service providers and industry software developers, who 41 joined in the verification code project.”
FLSA Overtime Rule Increase to Exempt Salary Threshold • In Sep 2019, the US DOL announced a final rule to make 1.3m US workers newly eligible for overtime pay • The final rule: • Raises the salary-level threshold for white-collar exemptions from $455 per week to $684 per week (equivalent to $35,568 per year for a full-time worker), effective Jan 1, 2020 • Raises the highly compensated employees requirement to $107,432 per year (from $100,000) • Allows employers to use nondiscretionary bonuses and incentive payments (incl commissions) paid at least annually to satisfy up to 10% of the salary level • Remember the employee’s job duties must also meet the duties test to qualify as an exempt employee • Employers need to review their exempt employee population to make sure they qualify under the new rules – if not, they may need to be paid overtime 42
Affordable Care Act: Additional State Requirements 2019 ACA Reporting • 2019 Forms 1094-C and 1095-C due by Mar 31, 2020 (electronic) • Effective January 1, 2019 the amount of the individual responsibility payment was reduced to zero for those who do not maintain health insurance State Healthcare Reporting • DC and NJ have individual mandates, effective Jan 1, 2019 • NJ requires copies of 2019 ACA forms for NJ residents, to be transmitted by Mar 31, 2020 • DC requires copies of 2019 ACA forms for DC residents by Jun 30, 2020 (in subsequent years, the filing deadline will be 30 days after the IRS deadline) • CA, RI and VT have enacted individual mandate laws effective Jan 1, 2020
Not new, but do you know about Form 8919? • Use Form 8919 to figure and report your share of the uncollected social security and Medicare taxes due on your compensation if you were an employee but were treated as an independent contractor by your employer. • By filing this form, your social security earnings will be credited to your social security record. See https://www.irs.gov/businesses/small- businesses-self-employed/independent-contractor-selfemployed-or- employee for more information. 44
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Misc State Updates California “ABC” Test for Independent Contractors • California A.B. 5 was passed in Sep 2019 to codify the CA Supreme Court decision in Dynamex • Applies a 3 part test (“ABC” Test) to determine if the individual is an employee or independent contractor for purposes of the UI code and wage orders • Some occupations are exempt from this standard, e.g. real estate agents, certain health care professionals • To be treated as an independent contractor: 1. The worker is free from the employer’s direction and control; 2. The worker performs work outside of the employer’s usual course of business; and 3. The worker has an independent trade or business 46
Misc State Updates California Cannabis Industry Payroll Tax Reporting • California law requires the reporting and payment of payroll taxes to the EDD if an employee is hired to perform services. • The Employment Development Department (EDD) has announced assistance to business owners in the cannabis industry to comply with the state's payroll tax laws and avoid unforeseen tax liabilities. • Cannabis businesses may include, but are not limited to: distributors, transporters, and dispensaries, which would include employees, plant caretakers, budtenders, security guards, salespersons and deliverers. • The EDD offers several resources, including FAQs on the cannabis industry and payroll tax reporting. • One question notes that a cannabis industry employer must remit payroll taxes regardless if the business cannot establish a business checking account. The business must contact a local EDD Employment Tax Office to make appropriate arrangements with an EDD representative. 47
Misc State Updates Colorado Wage & Hour Protections • Proposed CO Overtime & Minimum Pay Standards Order (COMPS) Order No. 36 would establish a new minimum salary threshold for overtime exemptions and all CO employees would be covered by wage & hour protections (current legislation include only 4 narrow job categories) • If adopted, it would be effective Mar 1, 2020 (for expansion of protections) and Jul 1, 2020 (for salary threshold increase) • Minimum salary requirement for exempt employees would be $42,500, effective Jul 1, 2020 (currently $23,088) • Additional increases are also scheduled for following years • As this is higher that the FLSA requirement, employers will need to review their exempt workforce in CO if this Order is adopted 48
Misc State Updates Connecticut Paid Sick Leave • Effective Jan 1, 2021, all CT employers will be required to withhold 0.5% from employees (no employer contribution similar to CA) • The bill allows up to 12 weeks of paid leave to care for themselves or an extended family member (plus an additional 2 weeks for pregnancy) • Benefits will be available from Jan 1, 2022 • Employers may opt out and provide a private plan • Guidance is expected in 2020 49
Misc State Updates Connecticut Exploring Employer Payroll Tax • The Connecticut Department of Revenue Services (DRS) has sent two email notices to certain employers requesting necessary data for evaluating the potential impact of a payroll tax • One of the notices contains a survey seeking from employers: 1. the total employees as of Dec. 31, 2018, 2. the total wages paid to employees who worked in Connecticut in 2018, 3. the employer type, and 4. if any employees are covered by a collective bargaining agreement. • Responses were due from employers by Oct. 1, 2019 • Legislation in 2019 established a state payroll commission to evaluate the feasibility of imposing a payroll tax on employers. • The legislation notes either a 5% payroll tax, beginning on Jan. 1, 2021, or phasing-in the tax over a three year period at the following rates: 50 1.5%, 3% and 5%.
Misc State Updates DC Penalty for Failure to Provide Commuter Benefits • Effective Jan 1, 2016, DC employers of 20 of more employees were required to offer commuter transportation benefits (either a pretax deduction or employer paid/provided benefit) • In Aug 2019, final regulations were adopted to provide for penalties for failure to comply: • First offence - $100 • Second offence - $200 • Third offence - $400 • Fourth and subsequent offences - $800 • Penalties apply per employee, per month 51
Misc State Updates Illinois Non Resident Withholding Threshold • Effective Jan 1, 2021, a 30-day threshold is established for taxation of non-residents working in IL • Under current rules, nonresidents are only taxed on compensation sourced to IL, i.e. all services are performed in IL or their “base of operations” is in IL – think similar to the test for SUI • The new rule will actually increase the number of nonresident workers subject to IL income taxes • (The state may be trying to preempt the Mobile Workforce Simplification Legislation which proposes a 30-day threshold and was re-introduced in the House on Oct 22, 2019.) 52
Misc State Updates Maine Paid Sick Leave • Effective Jan 1, 2021, ME employers of 10 of more employees will be required to allow employees to accrue one hour of paid sick leave per 40 hours worked, up to a max of 40 hours per year • Accrual begins at start of employment, but employer can require employee to be employed for 120 days during the year before using the accrued leave • The paid sick leave can be used for personal illness and for the illness of immediate family members • Legislation that would establish a PFML insurance program is currently pending (LD 1410) 53
Misc State Updates Massachusetts Paid Family and Medical Leave • Contributions effective Oct 1, 2019, i.e. you should already be withholding from employees! • First quarterly deposit and return due Jan 31, 2020 (for 4Q19) • Contributions should be reported in Box 14 of the Form W-2 using “MAPFML” • Benefits will be payable from Jan 1, 2021 • 2019 rate is 0.62% for medical leave and 0.13% for family leave on covered wages up to the SS wage base • Less than 25 employees in 2018, employee pays all contributions • 25 or more employees in 2019, employee pays 100% of family leave contributions and up to 40% of the medical leave contributions, i.e. max 0.248% • No guidance yet, but if the employer chooses to contribute any of the employee portion, that would be considered taxable income to the employee (company is paying employee’s personal tax liability) 54
Misc State Updates New York Enrollment for 2020 Voluntary Employer Tax • The New York Department of Taxation and Finance is reminding employers to register for the Employer Compensation Expense Program (ECEP) for the 2020 tax year. • The ECEP allows employers to elect to pay an optional tax for employees that earn over $40,000 annually in wages and compensation in New York. • ECEP was established in response to increased federal income taxes due to the $10,000 limit on state and local income tax (SALT) deductions under the Tax Cuts and Jobs Act (TCJA). • Enrollment for ECEP election for the 2020 tax year began on Oct 1, 2019 and ends on Dec 1, 2019. • The rate of tax for 2020 will be 3% (1.5% in 2019). • Employers should notify employees that they have made the election for the 2020 tax year. • The optional Employer Compensation Expense Tax (ECET) is paid on the same dates as when an employer's withholding tax payments are due, however, ECET is filed and paid separately from withholding tax. 55
Misc State Updates Oregon Paid Family and Medical Leave • Passed Aug 2019 • Contributions effective 2022; benefits payable in 2023 • Tax rate will not exceed 1%, split between employers and employees • Employers with more than 25 employees will contribute 40% of the overall contribution; employees will contribute 60% • Up to 12 weeks of paid leave to care for own illness or a sick family member, for baby bonding, or deal with issues related to domestic violence, sexual assault, stalking or harassment • Available for all OR workers who make at least $1,000 in a calendar year 56
Misc State Updates Puerto Rico Special Leave • Passed Aug 2019 • Employees may take up to 15 days of unpaid leave each calendar year to address situations related to domestic or gender-based violence, child abuse, sexual harassment, in employment, sexual assault or stalking 57
Misc State Updates Rhode Island Deposit Frequency Changes • Effective Jan 1, 2020, employers that currently remit tax on a quarter- monthly and daily basis will be required instead to remit on a weekly basis, i.e. more time to make deposits! 58
Misc Local Updates Dallas, TX Paid Sick Leave • Supposed to be effective Aug 1, 2019 but is being challenged in court due to violations of the Texas Minimum Wage Act • Currently, Dallas has announced the law will not be enforced until Apr 1, 2020 for employers with 6 or more employees (Aug 1, 2021 for employers with 5 or fewer employees) Pittsburgh, PA Paid Sick Leave • In 2015, law requiring most employers within the City to provide paid sick leave was signed by the Mayor, but was challenged in court • In July 2019, the court ruled in favor of Pittsburgh, however, no announcement has yet been made as to the effective date of this ordinance 59
Misc Local Updates San Francisco, CA Employer Health Care Spending Rates • Beginning in 2020, the health care expenditure rate for San Francisco employers with 100 or more employees will be $3.08 per hour (currently, $2.93 per hour), and $2.05 per hour for medium-sized businesses with 20-99 employees and nonprofits with 50-99 workers (currently, $1.95 per hour) • Managerial, supervisory, and confidential employees who earn more than $104,761 annually (or $50.37 per hour) are exempt in 2020 (currently, $100,796 annually and $48.46 per hour) 60
2019 YEAR END – REMINDERS Prior to 12/31 • Communicate year end plan and deadlines to stakeholders, e.g. last payroll, etc. • Reconcile, reconcile, reconcile! • Avoid 941/W-2 mismatch notices • YTD 941 vs W-3/W-2s • File amended returns if needed • Taxable wage recon • State and local account numbers • Are you using “Applied for” for any filings? • Work with third party provider to identify any filing failures throughout the year and correct 61
2019 YEAR END – REMINDERS Prior to 12/31 • Review new earnings and deductions codes • Is everything being taxed/reported correctly? • Preview W-2s / error reporting • Negative wages • Verify SSNs • Review high level execs • Box 12 codes, Box 10, Box 11, Box 13, etc. • Correct limits? • Specific state and local corrections to taxable income, e.g. moving expenses, bicycle reimbursements, etc. 62
2019 YEAR END – REMINDERS Prior to 12/31 • Gather imputed income items for processing before year end • Taxable expense reimbursements • Non cash fringe benefits • Gifts, prizes and awards • Relocation • Third party sick pay • Consider making year end estimated tax deposits • Ensure ACA reporting plan is in place • Confirm that all relevant compliance / legislative changes are implemented for current and following tax year 63
2019 YEAR END – REMINDERS Prior to 12/31 - communications and employee reporting • Review employees with FICA and other exemptions • Collect wage repayments before year end if possible • Review any work state allocations and update if necessary • Communicate new FICA wage base, 401(k) limits, etc. • Ask employees to review their paychecks for state withholding, etc. • Remind employees to use the IRS tax calculator and update their W-4 if necessary (for 2018 and 2019) • Communicate when W-2s will be available and how they will be provided • Have employees confirm home address • Give option to sign up for electronic W-2 if available • Helpdesk support – training / FAQs, etc. 64
2019 YEAR END – REMINDERS After 1/1 • Benefits audits, e.g. pre-tax limits, etc. • Review and correct errors that may cause W-2 file to fail • Final W-2 review (and issue W-2s by Jan 31) • Notify EEs claiming exempt on Form W-4 – exemption for 2018 expires Feb 18, 2020 (Tuesday as Feb 17 is a holiday) • Work with A/P to issue any 1099s required for deceased employees by Jan 31 • Earned income credit notices – CA, IL, LA, MD, NJ, TX and VA • SUI rate updates (ongoing) 65
2019 YEAR END – REMINDERS After 1/31 • Monitor tax filings to ensure all required returns are filed timely • Reconcile, reconcile, reconcile! • Review 941 for reasonableness when available • Annual 941 vs final W-3 • Work with employee helpdesk to review common employee questions, provide training, etc. • Year end debrief 66
Happy Holidays from the APA LA Chapter! Thank you for your support! 67
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