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24th Annual Illinois Statewide 24th Annual Illinois Statewide

24th Annual Illinois Statewide - PowerPoint Presentation

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24th Annual Illinois Statewide - PPT Presentation

APA Payroll Conference Be a Payroll Champion Mitigating Overpayment of Employment Taxes 2 Presenters Scott Bankert Regional Manager Employment Tax Consulting 3146842075 scottbankertequifaxcom ID: 789419

tax 000 state rate 000 tax rate state sui wage 2016 employer base 2017 cost average wages taxable year

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Slide1

24th Annual Illinois Statewide APA Payroll Conference“Be a Payroll Champion”

Mitigating Overpayment of Employment Taxes

Slide2

2Presenters

Scott Bankert

Regional Manager

Employment Tax Consulting

314-684-2075

scott.bankert@equifax.com

Slide3

3Notice/Disclaimer The information provided herein is intended as general guidance and is not intended to convey specific tax or legal advice.

This webinar is intended for the benefit of our customers and potential customers.

This webinar cannot be shared with third parties.

Slide4

4AgendaGeneral Overview

Common Causes of Overpaid Employment Taxes:

State Unemployment

Insurance (SUI) Rate

Revisions

Mid-Year Wage Base CarryoverMulti-State SUI Sourcing Out-of-State SUI Wage CreditsCredits on AccountOther OpportunitiesSummaryQuestions and Answers

Slide5

Employment Tax Types5

Tax Rate:

2016/2017 - 6.2%

Wage Base:

2016 – $118,500

2017 - $127,200Max Tax Cost:2016 – $7,3472017 – $7,886Tax Rate:2016 – 2.51%(2)Wage Base:2016 – $17,800(3)2017 – $18,085(3)Est. Avg. Tax Cost:2016 – $447Tax Rate:2016/2017 - 0.6%(1)Wage Base:2016 – $7,0002017 – $7,000Max Tax Cost:

2016 – $422017 – $42

Rate does not take into consideration the impact of FUTA credit reductions (CA and VI

had a

net FUTA rate of 2.4% for 2016).

Total

SUI tax revenues for all taxing jurisdictions divided by total SUI taxable payroll, per the U.S.

DOL. 2017 has not been released yet.

S

imple average of all taxing jurisdictions for 2016 and estimated simple average for 2017.

State

Unemployment Insurance

(SUI)

Federal Unemployment Insurance

(FUTA)

Social

Security

Insurance

(FICA)

Slide6

6The costs of unemployment remain escalated despite an improved economic environment

$5,259

Average benefit paid per

unemployment claim

(3Q 2016)

110.26%National Annual Benefit ChargeOverpayment Rate(2015)5$3,104,032,870Title XII Loans Outstanding(3/21/2017)415.5Average Weeks APerson Draws Unemployment (3Q 2016) 12States Facing FUTA Tax Increases in 2017(as of 3/21/2017)4

4.7%National Total

Unemployment Rate

(February 2017)

3

Source:

As

of

1/7/2017

1. U.S. DOL Data Summary

2. Simple average of SUI wage bases*U.S. DOL Average Tax Rate

3. Bureau of Labor Statistics Monthly Current Population Survey

4.

Treasury Direct Title

XII Advance Activities

Schedule

5. U.S. DOL Benefit Accuracy Measurement

Report

$

39,632,905

Title XII Loan Interest – 2017

(accrued as of 3/21/2017)

4

$446

Average Tax

C

ost Per Employee

(

2016)

2

35

Underfunded

state trust funds

(10/1/2016)

1

129%

Amount of each benefit paid that employers must contribute to their state trust fund

(3Q 2016)

1

Slide7

7SUI Tax Rates in 2017 and Beyond – U.S.

Source: Average SUI Tax Rate (%) per U.S. Department of

Labor. Average SUI Tax Rates beyond 2016 are estimates and for illustrative purposes only and should be not be relied upon in budgeting or as a basis for material financial decisions.

Slide8

8SUI Tax Rates in 2017 and Beyond – U.S.

Source: Average SUI Tax Rate (%) per U.S. Department of

Labor. Average SUI Tax Rates beyond 2016 are estimates and for illustrative purposes only and should be not be relied upon in budgeting or as a basis for material financial decisions.

Approx

.

2.5% increase per year

Slide9

9SUI Tax Rates in 2017 and Beyond – U.S.

Source: Average SUI Tax Rate (%) per U.S. Department of

Labor. Average SUI Tax Rates beyond 2016 are estimates and for illustrative purposes only and should be not be relied upon in budgeting or as a basis for material financial decisions.

$13,268

$17,782

Slide10

10SUI Tax Rates in 2017 and Beyond – U.S.

Source: Average SUI Tax Rate (%) per U.S. Department of

Labor. Average SUI Tax Rates beyond 2016 are estimates and for illustrative purposes only and should be not be relied upon in budgeting or as a basis for material financial decisions.

Slide11

11Historical Average Tax Cost Per Employee

Total Includes: FUTA: $7,000 x 0.6% = $42 per employee.

FICA: National Wage Index x 6.2% = Cost per employee.

SUI: Average tax cost per employee. Tax cost does not take into consideration FUTA credit reductions associated with outstanding Title XII loans.

Slide12

State Unemployment InsuranceRate Revisions12

Slide13

13Some Reasons for SUI Rate Revisions

State errors in rate calculations

Legislative changes

Amendments to taxable wages

Historical benefit charge adjustments

Statutory electionsVoluntary ContributionsJoint AccountsOther Rating StrategiesTransfers of experience (“TOE”)

Slide14

14Statutory Elections Map

VC (

18

Jurisdictions)

JA (5 Jurisdictions)

Both VC and JA (5 Jurisdictions)

Not

applicable

(

22

Jurisdictions)

VC, JA, and PVE (1 Jurisdiction)

VC and NWO (1 Jurisdiction)

VC, JA, and NWO (1 Jurisdiction)

CT

DC

DE

MA

MD

NH

NJ

PR

RI

VI

VT

Jurisdictions include 50 U.S. States, DC, PR, and VI

Joint Accounts (JA), Voluntary Contributions (VC),

Negative Write-Offs (NWO), and Payroll Variations Elections (PVE)

AK

WA

OR

CA

NV

AZ

NM

TX

OK

AR

LA

FL

GA

AL

MS

ID

MT

WY

UT

CO

ND

SD

NE

KS

MN

WI

MI

IA

MO

IL

IN

OH

PA

NC

SC

KY

TN

WV

VA

ME

HI

NY

Slide15

15Transfers of Experience (“TOE”)

Employers undergoing mergers, acquisitions, reorganizations, and divestitures may have the option or be required to transfer the experience between predecessor and successor:

Transfer

:

Movement of business operations (including employment), or portion thereof, from one legal entity to another, by any means; can involve asset-only or employee-only conveyances.

Experience: History of changes in the factors used in the development of a UI tax rate over a specified period, including benefit charges, taxable payroll, and taxes paid.The TOE can positively OR negatively impact rates.The effective date of the rate revision can vary. States can sometimes take years to process a transfer.

Slide16

Rate Revision Example 1Employer A is merging with and into Employer B.The transaction is effective 1/1/2016.The TOE is effective 1/1/2016 and is mandatory.

Employer

B

5.00%

Employer

A3.00%BeforeAfterEmployer AIs DissolvedEmployer BIncluding Former Employer AParent CoParent Co16

Slide17

17Rate Revision Example 1

The expected revised rate is 4.0%, effective 01/01/2016.The merged entity should pay at the assigned rate of 5.0% while booking a receivable for the expected revised rate.Upon issuance of the revised rate, the merged entity can apply the overpayment toward future tax contributions due or request a refund.

Rate Assignment

Taxable Payroll

2016

RateCostOriginal Rate for Employer B$70,000,000 5.00%$ 3,500,000 Revised Rate for Employer B 70,000,000 4.00% 2,800,000  

 

O

verpayment

$ 700,000

Slide18

Rate Revision Example 2Employer A purchases assets and workforce of Employer B effective 1/1/2016.Employer A creates NewCo and transfers all employees from Employer B to

NewCo. The transaction is NOT reported to state.NewCo

rate is 2.70% while Employer B has a rate of 1.0%.

Employer

B

1.00%Employer ABefore18AfterNewCo2.70%Employer A

Slide19

19Rate Revision Example 2

NewCo should request a TOE from Employer B resulting in a revised rate of 1.0%.If NewCo

and/or Employer B fail to report the transaction, and the state does not mandate the TOE,

NewCo

will

significantly overpay SUI tax for 2016 and future years.CompanyTaxable Payroll2016RateCostNewCo at New Employer Rate$30,000,000 2.70%$ 810,000 NewCo at Transferred Rate 30,000,000 1.00% 300,000

 

 

Overpayment

$ 510,000

Slide20

Mid-Year Wage Base Carryovers20

Slide21

Wage Base Carryovers – Federal Wages paid by the predecessor can be used by a successor for purposes of the annual wage limitation (FICA and FUTA), if: 

The successor acquired property

used in a trade or

business,

or

a separate unit of a trade or business, of the predecessor; Predecessor employees were employed by the successor immediately after the acquisition; andThe wages were paid during the calendar year in which the acquisition occurred and prior to the acquisition.1“Use of assets” doctrine.2211 IRC §§3121(a)(1) and 3306(b)(1) and Treas. Reg. §§31.3131(a)(1)-1(b)(2) and 31.3306(b)(1)-1(b)(2).2 Revenue Rulings 68-105 and 72-269.

Slide22

Wage Base Carryovers – StateWages paid by the predecessor can typically be used by a successor for purposes of the annual wage

limitation, if:A transfer of a trade or business, or a portion thereof, occurred; and

Proper

compliance documents have been filed and

acknowledged

by the state workforce agencies.1Improper reporting of the transaction may cost the employer the ability to carryover wages for purposes of the annual SUI taxable wage base limits.221 Pursuant to P.L. 108-295, the SUTA Dumping Prevention Act of 2004 and related unemployment tax provision of each taxing jurisdictions. Each jurisdiction’s transfer of experience and wage base carryover provisions should be reviewed to ensure ability to carryover the annual taxable wage base.

Slide23

23Mid-Year Wage Base Carryover ExampleEmployer A is merging with and into Employer B.The transaction is effective 7/1/2016.

Of the 1,000 employees transferred, 900 employees make $50,000 per year and 100 make $150,000 per year.

Employer

B

Employer

ABeforeAfterEmployer Ais DissolvedEmployer BIncluding Former Employer AParent CoParent Co

Slide24

24Mid-Year Wage Base Carryover Example

There is generally a 3 year statute of limitations to recover overpaid employment taxes.

Of

the 1,000 employees transferred, 900

employees make

$50,000 per year and 100 make $150,000 per year.TypeofTaxTaxableWageBaseTotalGrossWages(Predecessor)TaxableWages(Predecessor)TotalGrossWages(Successor)TaxableWages(Successor)TotalTaxableWagesTotal

TaxableWageBase

Limits

Overpaid

Taxable

Wages

# of

EEs

Total

Overpaid

Taxable

Wages

Tax

Rate

Potential

Overpayment

FUTA

$7,000

$25,000

$7,000

$25,000

$7,000

$14,000

$7,000

$7,000

900

$6,300,000

0.60%

$37,800

FUTA

7,000

75,000

7,000

75,000

7,000

14,000

7,000

7,000

100

700,000

0.60%

4,200

FICA

118,500

25,000

25,000

25,000

25,000

50,000

50,000

0

900

0

6.20%

0

FICA

118,500

75,000

75,000

75,000

75,000

150,000

118,500

31,500

100

3,150,000

6.20%

195,300

SUI

18,000

25,000

18,000

25,000

18,000

36,000

18,000

18,000

900

16,200,000

4.00%

648,000

SUI

18,000

75,000

18,000

75,000

18,000

36,000

18,000

18,000

100

1,800,000

4.00%

72,000

Overpayment

$957,300

Slide25

Multi-StateSUI Sourcing25

Slide26

26SUI SourcingIn order to avoid duplicate taxation or coverage when an employee works for one employer in more than one state, the U.S. DOL mandated the incorporation of "localization of work" (a/k/a “SUI sourcing”) provisions into each state’s UI law.

All states have adopted a uniform set of statutory factors to determine where SUI wages should be

sourced (i.e., reported).

These “four

factors”

1 are applied in the order of priority presented below:Localization of ServicesBase of OperationsPlace of Direction and Control Residence1 Pursuant to U.S. DOL Unemployment Insurance Program Letter (UIPL) 20-04, including Attachment 1, and related state unemployment insurance tax provisions. Note: If the above four factors do not apply: a) Follow the laws of the states in which services are performed [perhaps under a provision for election of coverage]; or b) Participate in interstate reciprocal coverage agreements that allow employers to effectively choose the state of coverage.

Slide27

27Four-Factor Test

Localization of

Services:

Localization

refers to the state in which a majority of services are performed

.Base of Operations: The state in which the employee maintains a base of operations and performs some service.

Slide28

28Four-Factor Test

Place of Direction and Control: The state from which the employee receives direction and control and performs some service

.

Residence:

The

employee’s state of residency and performs some service.

Slide29

29SUI Sourcing Example 1

John Doe is a district manager responsible for territories in Alabama, Florida, Georgia, and South Carolina.John maintains an office at his employer’s headquarters in Florida

and does not have an office in any other state.

John’s employer reports his wages for SUI tax purposes to all four states

.

Slide30

30SUI Sourcing Example 1

As

Reported

:

State

Gross WagesTaxable Wage BaseTaxable WagesTax RateTax CostAL$ 20,000 $ 8,000

$ 8,000

4.50%

$ 360

FL

3

0,000

7,000

7,000

5.00%

350

GA

10,000

9,500

9,500

4.00%

380

SC

10,000

14,000

10,000

3.50%

350

 

$ 70,000

 

 

 

$ 1,440

As

Reported Using SUI Sourcing Rules:

 

State

Gross Wages

Taxable Wage Base

Taxable Wages

Tax Rate

Tax Cost

FL

$ 70,000

$ 7,000

$ 7,000

5.00%

$ 350

 

 

 

 

 

 

 

 

 

 

Overpayment

$ 1,090

Slide31

31

SUI Sourcing Example

2

Jan Doe is a sales manager responsible for

territories in Alabama

, Florida, Georgia, and South Carolina. Jan has access to regional offices in each state.Jan receives direction and control from Florida and South Carolina.Jan’s home is located in Alabama.Jan’s employer reports her wages for SUI tax purposes to all four states.

Slide32

32SUI Sourcing Example 2

As Reported

:

 

 

  StateGross WagesTaxable Wage BaseTaxable WagesTax RateTax CostAL$ 20,000 $ 8,000

$ 8,000

6.00%

$ 480

FL

2

0,000

7,000

7,000

2.00%

140

GA

2

0,000

9,500

9,500

6.00%

523

SC

20,000

14,000

14,000

4.00%

560

 

$ 80,000

 

 

 

$ 1,703

As Reported Using SUI Sourcing Rules:

 

State

Gross Wages

Taxable Wage Base

Taxable Wages

Tax Rate

Tax Cost

AL

$ 80,000

$ 8,000

$ 8,000

6.00%

$ 480

 

 

 

 

 

 

 

 

 

 

Overpayment

$ 1,223

Slide33

Out-of-State SUIWage Credits33

Slide34

Out-of-State SUI Wage CreditsEmployers often have a need to transfer or relocate employees from one taxing jurisdiction to another (e.g., a state-to-state transfer).

Many states allow employers to take credit for taxable wages paid to another state (except Louisiana

, Minnesota, and

Montana).

Requirements include:

Permanent change in the SUI sourcing state.Transfer within the same legal entity.Many states allow refund claims three to five years after the initial filing and payment of tax. 34

Slide35

OOS Wage Credit Common TriggersHeadquarter moveConsolidation of locationsPost M&A integrationExpansion/Growth New factoryNew office facility

Employee movementsPromotionsRelocationsOther job changes

Telecommuting (

work-from-home)

Implementation of policy

Revocation of policy35

Slide36

Out-of-State SUI Wage Credit ExampleEffective 7/1/2016, 1,000 employees were relocated from the old headquarters in Florida to a new headquarters in New York.

Tax Cost (Without

Using OOS

Wage Credits

):

 OriginalStateWageBaseNewStateWageBaseCredit FromPriorState

Wage Base

Remaining

Tax

Rate

Tax Cost

# of

Employees

Total

Tax Cost

FL

$7,000

NY

$10,700

$ 0

$10,700

5.00%

$535

1,000

$535,000

Tax Cost (Using OOS Wage Credits):

 

Original

State

Wage

Base

New

State

Wage

Base

Credit From

Prior

State

Wage Base

Remaining

Tax

Rate

Tax Cost

# of

Employees

Total

Tax Cost

FL

$7,000

NY

$10,700

$7,000

$3,700

5.00%

$185

1,000

$185,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Overpayment

$350,000

36

Slide37

Credits on Account37

Slide38

38Credits on Account – Why They Might Occur

Rate RevisionTransfer of Experience

Retroactive rate revisions

Improper Rate entry into

system

Clerical errorsDelays in proper rate receiptPayment made to incorrect accountOverpayment of non-SUI taxes (such as income tax withholding and disability insurance)

Slide39

39Credits on Account – Ways to Identify

Call the state workforce agencies (power of attorney may be verified).

Verify

employer account

standing on state workforce agency websites (user name and password will be needed).

Review documents from state (rate notices, blank QCRs, etc.) and third party vendors for notices of credits or opportunity to apply for credits.

Slide40

40Credits on Account – Ways to Recover

Identify state refund method for overpayments.

Notify

your payroll tax group or t

hird-party

payroll tax filer to apply the credit to current or future tax liabilities.Send a letter requesting a refund.Fill out state-specific application for refund.

Slide41

Other Opportunities41

Slide42

42Michigan Unemployment Tax Credit

Michigan offered a tax credit for 2009, 2010, and 2011 to offset the FUTA tax increases of 0.3% in 2009, 0.6% in 2010, and 0.9% in 2011.

2009: Maximum $21 per employee

2010:

Maximum

$42 per employee2011: Maximum $63 per employeeGenerally, the amount of the credit is 50% of the additional FUTA tax paid by the employer.Employers with a positive account balance in operation for five or more years prior to the credit year, subject to additional requirements, can receive the tax credit.

Slide43

Summary43

Slide44

44Summary

Three Main Employment Taxes – FICA, FUTA, and SUI

Rate Revisions – Pay at assigned rate, accrue at revised rate

Mid-Year Wage Base Carryover – Most transactions qualify

Meet Compliance Requirements for SUI

Must File for a RefundMulti-State SUI Sourcing – Report employees to proper stateOut-of-State SUI Wage Credits – Take advantage of creditsCredits on Account – Identify, review, and recoverStatute of Limitations – Typically three years (some are five/six) Stay Informed – http://insight.equifax.com

Slide45

45Questions and Answers

For more information about Equifax Unemployment Cost Management services:

Send an e-mail to

workforce@equifax.com

Visit

http://insight.equifax.com