Vision Payroll

Due to the severe storms, tornadoes and flooding in Mississippi beginning April 23, 2010, President Barack Obama declared the following counties a federal disaster area: Attala, Choctaw, Holmes, Monroe, Oktibbeha, Union, Warren, and Yazoo. Therefore, the Internal Revenue Service (IRS) announced recently that it will waive failure to deposit penalties for employment and excise taxes due after April 22, 2010 and before May 11, 2010 as long as the deposits are made by May 10, 2010. In addition, affected taxpayers will have until June 22, 2010 to file most tax returns. Contact Vision Payroll if you were affected by the severe storms, tornadoes and flooding and need further information on the relief provided by the IRS.

This week’s question comes from Kim, an HR director. We have employees who maintain coverage on their health insurance policy for children, including some children who are not dependents. We have always included the cost of this coverage in our employees’ income. How does health care reform affect the taxation of children’s health insurance coverage? Answer: Generally, the Affordable Care Act allows the cost of coverage for children who are under age twenty-seven at the end of the year to be tax-free to employees. Additionally, employees may make pre-tax contributions to cafeteria or §125 plans for children who will be under age twenty-seven at the end of the tax year. These benefits are available even if the child qualifies as a dependent under the tax law. The Internal Revenue Service (IRS) recently issued Notice 2010-38, Tax Treatment of Health Care Benefits Provided With Respect to Children Under Age 27, to explain these changes and provide further guidance to employers, employees, health insurers and other interested taxpayers. Contact Vision Payroll if you have further questions on Notice 2010-38.

In Rev. Rul. 2010-13, Average Premium for Small Group Market for Determining the Small Employer Health Insurance Credit, the Internal Revenue Service (IRS) and the Department of Health and Human Services (HHS) released the chart containing the small group market in each state for the 2010 taxable year. Under the health care reform, employers are allowed a credit in certain situations if they pay a portion of their employees’ health insurance premiums. The credit is limited to the lesser of:

1. The amount of nonelective contributions paid by the eligible small employer on behalf of employees under the arrangement during the taxable year, and
2. The amount of nonelective contributions the employer would have paid under the arrangement if each such employee were enrolled in a plan that had a premium equal to the average premium for the small group market in the state (or in an area in the state) in which the employer is offering health insurance coverage.

The State of Idaho had the lowest rates at $4,215 for employee-only coverage and $9,365 for family coverage while the Commonwealth of Massachusetts had the highest rates at $5,700 and $14,138, respectively. Family coverage includes any coverage other than employee-only (or single) coverage.

According to Rev. Rul. 2010-13:

HHS recognizes that there may be areas in some States with meaningfully higher premium rates. For the 2010 taxable year, HHS may provide additional average premium rates for the small group market in certain areas within States. However, in no case will any such additional sub-State rates be lower than the applicable rate for each State that is set forth in this Revenue Ruling.

Contact Vision Payroll for further information on the average premium for the small group markets during 2010.

This week’s question comes from Lisa, an office manager. We may need to layoff a few employees. Some of them may elect COBRA continuation coverage. I know there was a subsidy for employees laid off through March 31, but I just heard that the subsidy period was extended. When does the COBRA subsidy period end? As noted by the Internal Revenue Service (IRS) in IR-2010-052, under The Continuing Extension Act of 2010, workers who are involuntarily terminated during April and May might be eligible for the sixty-five percent subsidy on COBRA continuation coverage. Eligible employees pay a reduced premium to their employer who then pays the difference. The employer may claim a credit on Form 941 for the amount paid. Contact Vision Payroll for further information on the COBRA subsidy period extension.

The Internal Revenue Service (IRS) recently released a draft Form 941, Employer’s QUARTERLY Federal Tax Return, to be used by employers to claim payroll tax forgiveness under the HIRE Act for qualifying new hires. Newly added lines on Form 941 include the following:

• Number of qualified employees first paid exempt wages/tips this quarter
• Number of qualified employees paid exempt wages/tips this quarter
• Exempt wages/tips paid to qualified employees this quarter
• Number of qualified employees paid exempt wages/tips March 19–31
• Exempt wages/tips paid to qualified employees March 19–31

A final version of Form 941 is expected to be released next month. Contact Vision Payroll if you have any questions on the draft Form 941.

Due to the early April severe weather in North Dakota, the Internal Revenue Service (IRS) announced recently that it will consider abating late filing and/or late paying penalties if taxpayers were unable to file by the April 15, 2010 filing deadline. Taxpayers who are assessed a penalty should do the following:

1. Contact the IRS campus that issued the penalty assessment notice. The telephone number is listed on the notice.
2. Identify themselves as a taxpayer affected by the severe spring storms during the period of April 1, 2010, to April 3, 2010.
3. Request the abatement of associated penalties, based on reasonable cause criteria.

The IRS will review requests on a case-by-case basis. Contact Vision Payroll if you were affected by the severe weather and need further information on the relief provided by the IRS.

This week’s question comes from Dan, a small-business owner. I have several employees that I hired who have signed Form W-11. What information do I need to provide to Vision Payroll to qualify for the HIRE Act Credit? Answer: Under the HIRE Act, employers may avoid paying social security tax on qualified employees and receive an income tax credit for retaining those employees. Employers are required to obtain a signed affidavit from qualified employees. The Internal Revenue Service (IRS) has released Form W-11, Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit that employers must have signed by eligible employees to claim the credit. Once an employer has obtained a signed form from an employee, contact Vision Payroll to inform us that the employee is eligible for the credit. Vision Payroll will work with employers to determine the eligible wages already paid in 2010 and ensure that future wages are not taxed. Contact Vision Payroll if you have further questions on the HIRE Act Credit.

Due to the severe storms, flooding, mudslides and landslides in New Jersey beginning March 12, 2010, President Barack Obama declared the following counties a federal disaster area: Atlantic, Bergen, Burlington, Cape May, Cumberland, Essex, Gloucester, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, and Union. Therefore, the Internal Revenue Service (IRS) announced recently that it will waive failure to deposit penalties for employment and excise taxes due after March 11, 2010 and before March 30, 2010 as long as the deposits were made by March 29, 2010. In addition, affected taxpayers will have until May 11, 2010 to file most tax returns. Contact Vision Payroll if you were affected by the severe storms, flooding, mudslides and landslides and need further information on the relief provided by the IRS.

The Internal Revenue Service (IRS) has released Form W-11, Hiring Incentives to Restore Employment (HIRE) Act Employee Affidavit. Employers can use Form W-11 to confirm that an employee is a qualified employee under the HIRE Act. Alternatively, they can use another similar statement if it contains the same information and the employee signs it under penalties of perjury.

Only employees who meet all the requirements of a qualified employee may complete this affidavit or similar statement. You cannot claim the HIRE Act benefits, including the payroll tax exemption or the new hire retention credit, unless the employee completes and signs this affidavit or similar statement under penalties of perjury and is otherwise a qualified employee.

A “qualified employee” is an employee who:

• Begins employment with you after February 3, 2010, and before January 1, 2011;
• Certifies by signed affidavit, or similar statement under penalties of perjury, that he or she has not been employed for more than 40 hours during the 60-day period ending on the date the employee begins employment with you;
• Is not employed by you to replace another employee unless the other employee separated from employment voluntarily or for cause (including downsizing); and
• Is not related to you. An employee is related to you if he or she is your child or a descendent of your child, your sibling or stepsibling, your parent or an ancestor of your parent, your stepparent, your niece or nephew, your aunt or uncle, or your in-law. An employee also is related to you if he or she is related to anyone who owns more than 50% of your outstanding stock or capital and profits interest or is your dependent or a dependent of anyone who owns more than 50% of your outstanding stock or capital and profits interest.

Contact Vision Payroll if you have further questions on the HIRE Act. If you prefer, you can attend one of our upcoming seminars that will cover what you need to know about the HIRE Act.

Due to the severe storms, flooding, mudslides and landslides in West Virginia beginning March 12, 2010, President Barack Obama declared the following counties a federal disaster area: Fayette, Greenbrier, Kanawha, Mercer and Raleigh. Therefore, the Internal Revenue Service (IRS) announced recently that it will waive failure to deposit penalties for employment and excise taxes due after March 11, 2010 and before March 30, 2010 as long as the deposits were made by March 29, 2010. In addition, affected taxpayers will have until May 11, 2010 to file most tax returns. Contact Vision Payroll if you were affected by the severe storms, flooding, mudslides and landslides and need further information on the relief provided by the IRS.