This week’s question comes from Mark, owner of an import company. I receive the same salary every week. All year, my Massachusetts income tax withholding has been the same. Now it’s gone up two weeks in a row. Why did this happen? Answer: In Massachusetts, a deduction of up to $2,000 is allowed on the state income tax return for social security and Medicare tax (also known as FICA). Therefore, in calculating the amount of income tax to be withheld, a deduction is allowed for these taxes. Once the combined social security and Medicare tax equals $2,000, the deduction is no longer allowed. Vision Payroll will automatically make this change for you once the limit is reached. The reason the amount changed twice is that on the first check the deduction may be partially allowed. For example, if the combined social security and Medicare was $1,980 and the current withholding was $50, $20 ($2,000 – $1,980) would be allowed as a deduction and $30 ($50 – $20) would be over the limit and not allowed as a deduction for state purposes. In the next week, the entire $50 would be considered excess and none allowed as a deduction. Since the deduction decreased two weeks in a row, the tax withheld must increase each week. Contact Vision Payroll if you have any questions.
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This week’s question comes from Donna, an office manager. An employee wants to change the number exemptions (withholding allowances) claimed. What should I do? Answer: Have the employee complete and sign Form W-4, Employee’s Withholding Allowance Certificate. Always use the current year version of the form. By completing the Personal Allowances Worksheet attached to the form, the employee can calculate the correct number of allowances to claim to minimize any balance due or interest-free loan to the government. Remember that withholding allowances rarely equal the number of exemptions claimed on a tax return. If an employee is claiming an exemption from withholding, a new Form W-4 must be filed every year by February 15. Once you receive the new W-4, be sure to update your payroll records online or contact Vision Payroll with the updated information.
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This week’s question comes from Jon, a sole proprietor: I run my business as a sole proprietorship. Can I pay myself wages and withhold taxes? Answer: Sole proprietors are considered self-employed and are not employees of the sole proprietorship. They cannot pay themselves wages, cannot have income tax, social security tax, or Medicare tax withheld, and cannot receive a Form W-2 from the sole proprietorship. They may receive a draw from the sole proprietorship and must pay quarterly federal estimated tax payments to cover the amount of federal income tax and self-employment tax liability they will have, unless covered by withholding on other income. Vision Payroll can work with you and your CPA to determine an appropriate draw and estimated tax payment schedule. You can then receive the draw as a check or direct deposit with each payroll and schedule appropriate deductions such as retirement plan contributions. Contact Vision Payroll today to get started.
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This week’s question comes from Louisa, an HR manager: We have individuals who perform services for us. Does Massachusetts have any laws to determine if these individuals are our employees or independent contractors? Answer: In Massachusetts General Laws (MGL), c. 149, §148B three tests are enumerated and unless the individual meets all three tests, an employer-employee relationship will result. The tests are (1) the individual is free from control and direction in connection with the performance of the service, both under his contract for the performance of service and in fact; and (2) the service is performed outside the usual course of the business of the employer; and, (3) the individual is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the service performed. The law also states that not withholding federal or state income taxes or not paying unemployment insurance or workers compensation insurance premiums for this individual has no impact on the determination. Furthermore, even if the individual has a workers’ compensation insurance policy, it is not relevant for making the determination. To further complicate matters, the Massachusetts Department of Revenue (DOR) issued TIR 05-11, that states the DOR will follow the rules of MGL c. 62B for withholding purposes. Significant penalties exist for misclassifying workers, so be sure to consult your attorney if you have further questions.
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This week’s question comes from Kevin, HR Director: One of my employees is applying for a mortgage and needs several pay stubs. Unfortunately, he threw his away. What’s the best way to get them? Answer: Online Employer’s Employee Services is a self service, web-based product providing employers and their employees on-line access to personnel information, check stubs, time off accruals and more. Our web-based solution enables employees to access information 24 hours a day, 365 days a year. Give employees instant access to information they need, when they need it. Vital data is protected to ensure that employees can view information without compromising data. Information is shared between Employee Services and payroll so there’s no need to perform manual data entry of all employee information. Employees can view their information and update select fields. Supervisors have access to information about their direct reports. A complete library of reports exportable to Excel is also available. You won’t believe the time you save when employees get their information from Employee Services, not you.
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This week’s question comes from Jasmine, a business owner: I’m on the road visiting clients and can’t always call my hours in during the day. I’m also out-of-town frequently. What’s the best way for me to submit my payroll information? Answer: Online Employer is the perfect solution for employers to submit and receive payroll information. All you need to do is log in to our secure website, submit hours and changes, and transmit your encrypted files. We’ll take care of the rest. You can log in to review your current and past payroll reports, create your own custom reports, and even calculate a manual check 24 hours a day, 365 days a year. Get the information you need on your schedule—sign up for Online Employer today.
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This week’s question comes from Felix, a payroll manager: I have an employee who worked 34 hours last week. Since we pay eight hours for Independence Day even though we don’t work, do I need to pay two hours of overtime? Answer: Nothing in the Fair Labor Standards Act (FLSA) requires payment for time not worked. If an employer voluntarily pays for time not worked such as holidays, those hours need not be counted toward the FLSA overtime requirement for hours worked in excess of 40. Note that other federal or state laws or contractual agreements may require payment of holiday hours. Also, if an employee actually works on a holiday, those hours would be counted toward the overtime requirement. Consult your attorney if you have further questions.
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