social security

Employers and employees, be aware that you could be receiving name/SSN no-match letters at home from the SSA {Social Security Administration} – learn what it means and how to respond to such a letter.  Information contained in this article is from the General Ledger – the Complete Newsletter for Professional Bookkeepers, published by the American Institute of Professional Bookkeepers.

The SSA started sending out name/SSN no-match letters again in March of this year to employer and employee or self-employed at home.  The new notices have one mismatch per letter and are called “Decentralized Correspondence” (DECOR).  SSA wants to make sure that a worker’s earnings are posted to the right account. Exception: SSA will not be sending no-match letters for tax years 2007-2009.

SSA recommends responding to a no-match letter as follows:

  • check your records to see if there is a discrepancy in the records submitted to SSA,
  • ask the employee to check his/her records to determine if the information was accurately recorded/reported,
  • instruct the employee to contact the SSA to resolve any discrepancy.
  • provide the employee a reasonable amount of time to resolve the discrepancy (“reasonable” is not defined, but the “suggested” period is 120 days, the period used by E-Verify – but circumstances can change this); and
  • document your efforts to resolve the matter.

There is no specific guidance on your obligations for responding to a no-match letter from the SSA, Immigration and Customs Enforcement (ICE) or Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).  But OSC offers some general guidance for setting up a response plan:

  • Keep in mind that name/SSN no-matches can result from typos, misread numbers, name changes, etc.
  • Check no-matches against your personnel records.
  • Inform the employee of a no-match notice and request and confirm the name/SSN in your personnel records.
  • If the employee confirms your records as correct, advise the employee to contact SSA to correct and/or update his or her SSA records.
  • Give the employee a reasonable period of time to work out a reorted no-match with the local SSA office.
  • Periodically meet with or contact the employee to findout about and document the status of his/her efforts to resolve the no-match.
  • If the employee offers to supply a document that may resolve the no-match, review it carefully.
  • Submit employer or employee corrections to the SSA.

Follow the same procedures for all employees, regardless of citizenship or national origins. Failure to do so may spark discrimination lawsuits against your company.

OSC also offers some don’ts:

  • Don’t use the receipt of a no-match notice alone as a basis to terminate, suspend or take any other adverse action against the employee.
  • Don’t try to immediately re-verify the employee’s employment eligibility – e.g., don’t ask the person to hand in a new I-9 solely because of a no-match letter.
  • Don’t require specific I-9 documents to deal with the no-match letter.
  • Don’t require the employee to provide a receipt of a request for an SSN or name change.  (OSC points out that SSA receipts may not always be obtainable.)

Key Point: A no-match letter recipient is not required to respond.  But if you don’t, the SSA may share the information with the IRS or Justice Department.

To avoid getting a no-match letter, use SSA’s:

  • SSN Verification Services (SSNVS) at www.ssa.gov, click on Business Services Online, second link, far left; or
  • Employer Verification (TNEV), an automated telephone service that allows registered users to verify names or SSNs over the phone without talking to an agent – call 800-772-1213 and at the prompt say “Employer SSN Verification”.

Federal law prohibits using SSNVS or TNEV for work authorizations – use it only to verify a current employee’s SSN.

I hope you’ve found this article helpful – if so, please take a moment to leave a comment and feel free to share this information with others on your favorite social media site.

Reporting new hires has been a requirement for a long time, however, the “first day of work” law went into effect on June 8, 2011.

New Hire Reporting is one of the best tools for locating noncustodial parents who may be evading their child support responsibilities.  Employers play a key role in ensuring children receive the financial support they need.  The Personal Responsibility and Work Opportunity Act (PRWORA) of 1996 requires employers to report all new hires tot heir State Directory of New Hires.  Moreover, the Claims Resolution Act of 2010 was recently passed to reform the Unemployment Insurance program, including changes to Section 453A (b) and (c) of the Social Security Act.  This legislation added a new requirement for employers to report, in addition to other information, the date that an employee first performs services for pay.  The “first day of work” law went into effect June 8, 2011.  For more information on new hire reporting visit the Federal Office of Child Enforcement website at http://www.acf.hhs.gov/programs/cse/newhire/employer/private/newhire.htm

Source:  SSA/IRS Reporter Newsletter, Summer 2011 Edition.

From the June 22, 2011 Issue of the Federal, State & Local Governments Newsletter published by the IRS.

The office of Federal, State and Local Governments will hold a free, one-hour webinar on July 14, 2011, to discuss the required 3 percent income tax withholding on certain payments made by government entities, to take effect in 2013.  The webinar is recommended for any Federal, state or local government entities as well as tax professionals.

Participants can get answers to these questions:

    What is Section 3402(t) ?
    The Legislative history on Section 3402(t)
    Who must perform Section 3402(t) withholding?
    What payments are subject to Section 3402(t) withholding?
    Exceptions to Section 3402(t) withholding?
    Section 3402(t) deposit and reporting mechanics?

You can register for the webinar by clicking here.

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Additional information from the IRS Website, current as of 6/6/2011; be sure to check this page for updates.

On May 6, 2011, the Internal Revenue Service released final regulations on section 3402(t) of the Internal Revenue Code (IRC). This provision provides that, for payments after Dec. 31, 2012, federal, state, and other units of government with annual payments for goods and services of $100 million or more must withhold income tax of 3% of the total payment for goods and services.

IRC 3402(t) was created by the Tax Increase Prevention and Reconciliation Act of 2005, and originally required withholding for covered payments after Dec. 31, 2010. The implementation was delayed one year by a later statute. The final regulations delay it one additional year, to payments made after Dec. 31, 2012.

Government Entities Required To Withhold Under IRC 3402(t)

The following are subject to the new requirement:

  1. The entire U.S. government, including all federal agencies, the executive branch, the legislative branch and the judicial branch.
  2. All states including the District of Columbia (but not including Indian tribal governments).
  3. All political subdivisions of a state government or every instrumentality of such subdivisions unless the instrumentality makes annual payments for property or services of less than $100 million.

Exception for Small Entities

Subdivisions of a state, or instrumentalities of a subdivision of a state, are exempt from the withholding requirement if its total annual payments for property and services (not including wages) are less than $100 million. The proposed regulations provide a simple rule for determining whether an entity makes annual payments less than $100 million. In general the entity looks to its accounting year ending with or within the second preceding calendar year For example, if total payments for the entity’s 2011 accounting year exceed $100 million, the withholding requirement will apply in 2013.

Under an optional rule, an entity may average payments made during any four of the previous five accounting years ending with the accounting year ending with or within the second preceding calendar year.

Payments Subject to Section 3402(t) Withholding

Generally, withholding is required on all payments to all persons providing property or services to the government, including individuals, trusts, estates, partnerships, associations, and corporations. Withholding is required at the time of payment. If the government entity fails to withhold the tax required under section 3402(t), it becomes liable for the payment of the tax.

Payment Threshold

The proposed regulations create a payment threshold of $10,000 and provide that payments below the threshold are not subject to withholding. The regulations also include an anti-abuse rule that payments of $10,000 or more may not be divided into payments of less than $10,000 solely for the purpose of avoiding the withholding requirements.

Exceptions

The regulations provide the following exceptions from the withholding requirements:

  1. Payments otherwise subject to withholding, such as wages.
    Payments for retirement benefits, unemployment compensation, or social security.
  2. Payments subject to backup withholding, if the required backup withholding is actually performed.
  3. Payments for real property, including land or completed buildings.
  4. Payment of interest.
  5. Payments to other government entities, foreign governments, tax exempt organizations, or Indian tribes.
  6. Payments made under confidential or classified contracts, as described in IRC 6050M(e)(3).
  7. Payments made by a political subdivision of a state, or instrumentalities of a political subdivision of a state that make annual payments for property of services of less than $100 million.
  8. Public assistance payments made on the basis of need or income. However, assistance programs based solely on age, such as Medicare, are subject to the requirements.
  9. Payments made under a government grant principally for a public purpose.
  10. Payments to employees in connection with service, such as retirement plan contributions, fringe benefits, and expense reimbursements under an accountable plan.
  11. Payments received by certain nonresident aliens and foreign corporations.
  12. Payments in emergency or disaster situations.
  13. Certain payment card transactions reportable under section 6050W.

Update – New Law Repeals 3% Contractor Withholding:

On Nov. 21, 2011, the 3% Withholding Repeal and Job Creation Act of 2011 was signed into law, repealing section 3402(t) of the Internal Revenue Code (IRC). This legislation eliminates the withholding and reporting requirements established under IRC section 3402(t) and the accompanying regulations.

IRC section 3402(t) would have required all Federal and state government entities, and some local government entities, to withhold 3% on certain payments to contractors, beginning on Jan. 1, 2013.  The regulations under section 3402(t) also required the government entity to report the amount of the payment and the amount withheld on Form 1099-MISC.

A payroll tip about who the IRS may hold liable for 941 tax payments.

IRSAre you the bookkeeper or accountant for your company? Are you a signer on any of the company bank accounts? What about your client’s accounts? Do you sign on any of them? If so, you may be held responsible by the IRS for underpaid 941 liabilities. Sounds scary, but it can be true.

How is it possible that can be true? The IRS says the federal income tax and the employee’s portion of social security and medicare taxes withheld is a trust fund. It is to be deposited according to the schedule they have determined for your company. The IRS cannot collect this tax from the employee, even if the employer does not pay the tax to the government.

To protect the government when the tax has not been paid, Internal Revenue Service Code 6672 subjects “all responsible persons” for withholding and payment of taxes to a penalty equal to the amount of taxes due. The penalty is imposed on anyone who is required to collect, administer and pay over the tax and who willfully fails to so.

Two requirements must be met. First you must be a “responsible person”. The IRS considers a responsible person anyone who has authority to make business decisions for the company, not just owners of companies. If you pay the company bills and sign the checks, then you are making business decisions. You process payroll and sign checks, make the 941 tax deposits and file the 941 quarterly returns, you are making business decisions.

The second requirement for the penalty to be imposed would be if you willfully failed to pay the tax due. You withheld the money from the pay checks that you signed, but rather than paying the tax liability, you decided to pay a supplier, or a utility, or another vendor. Once you have done that, you have met both requirements and are subject to the penalty imposed by I.R.S. Code 6672.

Once the IRS determines that a tax is due, forms 4180 and 4183 are completed by an agent, which identifies the responsible person in the company. In 1993 the IRS determined that secretaries, bookkeepers (nonaccountants), and charitable volunteers are not subject to I.R.S. Code 6672. Accountants, however, are still held accountable.

What can you do as an employee? Advise your employer of the penalties he will face for not paying the taxes due. If possible, don’t be a signer on any accounts. You don’t want to be personally responsible for the company you are working for.

What can you do as an owner? Pay your taxes on time. Pay them before you pay your other vendors. It’s not your money once you have paid your employees.

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