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2005 Tax Return Online

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2005 Tax Return Online

2005 tax return online 4. 2005 tax return online   General Business Credits Table of Contents Introduction Useful Items - You may want to see: Business Credits How To Claim the Credit Introduction Your general business credit for the year consists of your carryforward of business credits from prior years plus the total of your current year business credits. 2005 tax return online In addition, your general business credit for the current year may be increased later by the carryback of business credits from later years. 2005 tax return online You subtract this credit directly from your tax. 2005 tax return online Useful Items - You may want to see: Form (and Instructions) 3800 General Business Credit 6251 Alternative Minimum Tax—Individuals See chapter 12 for information about getting publications and forms. 2005 tax return online Business Credits All of the following credits are part of the general business credit. 2005 tax return online The form you use to figure each credit is shown in parentheses. 2005 tax return online You will also have to complete Form 3800. 2005 tax return online Alternative fuel vehicle refueling property credit (Form 8911). 2005 tax return online   This credit applies to the cost of any qualified fuel vehicle refueling property you placed in service. 2005 tax return online For more information, see Form 8911. 2005 tax return online Alternative motor vehicle credit (Form 8910). 2005 tax return online   For more information, see Form 8910. 2005 tax return online Biodiesel and renewable diesel fuels credit (Form 8864). 2005 tax return online   For more information, see Form 8864. 2005 tax return online Biofuel producer credit (Form 6478). 2005 tax return online    For more information, see Form 6478. 2005 tax return online Carbon dioxide sequestration credit (Form 8933). 2005 tax return online   This credit is for carbon dioxide which is captured at a qualified facility and disposed of in a secure geological storage or used in a qualified enhanced oil or natural gas recovery project. 2005 tax return online For more information, see Form 8933. 2005 tax return online Credit for employer social security and Medicare taxes paid on certain employee tips (Form 8846). 2005 tax return online   This credit is generally equal to your (employer's) portion of social security and Medicare taxes paid on tips received by employees of your food and beverage establishment where tipping is customary. 2005 tax return online The credit applies regardless of whether the food is consumed on or off your business premises. 2005 tax return online For more information, see Form 8846. 2005 tax return online Credit for employer differential wage payments (Form 8932). 2005 tax return online   This credit provides certain small businesses with an incentive to continue to pay wages to an employee performing services on active duty in the uniformed services of the United States for a period of more than 30 days. 2005 tax return online For more information, see Form 8932. 2005 tax return online Credit for employer-provided childcare facilities and services (Form 8882). 2005 tax return online   This credit applies to the qualified expenses you paid for employee childcare and qualified expenses you paid for childcare resource and referral services. 2005 tax return online For more information, see Form 8882. 2005 tax return online Credit for increasing research activities (Form 6765). 2005 tax return online   This credit is designed to encourage businesses to increase the amounts they spend on research and experimental activities, including energy research. 2005 tax return online For more information, see Form 6765. 2005 tax return online Credit for small employer health insurance premiums (Form 8941). 2005 tax return online   This credit applies to the cost of certain health insurance coverage you provide to certain employees. 2005 tax return online For more information, see Form 8941. 2005 tax return online Credit for small employer pension plan startup costs (Form 8881). 2005 tax return online   This credit applies to pension plan startup costs of a new qualified defined benefit or defined contribution plan (including a 401(k) plan), SIMPLE plan, or simplified employee pension. 2005 tax return online For more information, see Publication 560, Retirement Plans for Small Business (SEP, SIMPLE, and Qualified Plans). 2005 tax return online Disabled access credit (Form 8826). 2005 tax return online   This credit is a nonrefundable tax credit for an eligible small business that pays or incurs expenses to provide access to persons who have disabilities. 2005 tax return online You must pay or incur the expenses to enable your business to comply with the Americans with Disabilities Act of 1990. 2005 tax return online For more information, see Form 8826. 2005 tax return online Distilled spirits credit (Form 8906). 2005 tax return online   This credit is available to distillers and importers of distilled spirits and eligible wholesalers of distilled spirits. 2005 tax return online For more information, see Form 8906. 2005 tax return online Empowerment zone employment credit (Form 8844). 2005 tax return online   You may qualify for this credit if you have employees and are engaged in a business in an empowerment zone for which the credit is available. 2005 tax return online For more information, see Form 8844. 2005 tax return online Energy efficient appliance credit (Form 8909). 2005 tax return online   This credit is available for manufacturers of eligible appliances. 2005 tax return online For more information, see Form 8909. 2005 tax return online Energy efficient home credit (Form 8908). 2005 tax return online   This credit is available for eligible contractors of certain homes sold for use as a residence. 2005 tax return online For more information, see Form 8908. 2005 tax return online Indian employment credit (Form 8845). 2005 tax return online   This credit applies to qualified wages and health insurance costs you paid or incurred for qualified employees. 2005 tax return online For more information, see Form 8845. 2005 tax return online Investment credit (Form 3468). 2005 tax return online   The investment credit is the total of the following credits. 2005 tax return online Rehabilitation credit. 2005 tax return online Energy credit. 2005 tax return online Qualifying advanced coal project credit. 2005 tax return online Qualifying gasification project credit. 2005 tax return online Qualifying advanced energy project credit. 2005 tax return online   For more information, see Form 3468. 2005 tax return online Low sulfur diesel fuel production credit (Form 8896). 2005 tax return online    For more information, see Form 8896. 2005 tax return online Low-income housing credit (Form 8586). 2005 tax return online   This credit generally applies to each new qualified low-income building placed in service after 1986. 2005 tax return online For more information, see Form 8586. 2005 tax return online Mine rescue team training credit (Form 8923). 2005 tax return online   This credit applies to training program costs you pay or incur for certain mine rescue team employees. 2005 tax return online For more information, see Form 8923. 2005 tax return online New markets credit (Form 8874). 2005 tax return online   This credit is for qualified equity investments made in qualified community development entities. 2005 tax return online For more information, see Form 8874. 2005 tax return online Nonconventional source fuel credit (Form 8907). 2005 tax return online   This credit is for qualified coke and coke gas you produced and sold to an unrelated person during the tax year. 2005 tax return online For more information, see Form 8907. 2005 tax return online Orphan drug credit (Form 8820). 2005 tax return online   This credit applies to qualified expenses incurred in testing certain drugs for rare diseases and conditions. 2005 tax return online For more information, see Form 8820. 2005 tax return online Qualified plug-in electric drive motor vehicle credit (Form 8936). 2005 tax return online   This credit is for certain new qualified plug-in electric vehicles placed in service during the tax year. 2005 tax return online For more information, see Form 8936. 2005 tax return online Qualified railroad track maintenance credit (Form 8900). 2005 tax return online   This credit applies with respect to qualified railroad track maintenance expenditures paid or incurred during the tax year. 2005 tax return online For more information, see Form 8900. 2005 tax return online Renewable electricity, refined coal, and Indian coal production credit (Form 8835). 2005 tax return online   This credit is for the sale of electricity, refined coal, or Indian coal produced in the United States or U. 2005 tax return online S. 2005 tax return online possessions from qualified energy resources at a qualified facility. 2005 tax return online For more information, see Form 8835. 2005 tax return online Work opportunity credit (Form 5884). 2005 tax return online   This credit provides businesses with an incentive to hire individuals from targeted groups that have a particularly high unemployment rate or other special employment needs. 2005 tax return online For more information, see Form 5884. 2005 tax return online How To Claim the Credit To claim a general business credit, you will first have to get the forms you need to claim your current year business credits. 2005 tax return online In addition to the credit form, you also need to file Form 3800. 2005 tax return online Prev  Up  Next   Home   More Online Publications
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The 2005 Tax Return Online

2005 tax return online Publication 15-A - Main Content Table of Contents 1. 2005 tax return online Who Are Employees?Independent Contractors Common-Law Employees Statutory Employees Statutory Nonemployees Misclassification of Employees 2. 2005 tax return online Employee or Independent Contractor?Common-Law Rules Industry Examples 3. 2005 tax return online Employees of Exempt OrganizationsSocial security and Medicare taxes. 2005 tax return online FUTA tax. 2005 tax return online 4. 2005 tax return online Religious Exemptions and Special Rules for MinistersForm W-2. 2005 tax return online Self-employed. 2005 tax return online Employees. 2005 tax return online 5. 2005 tax return online Wages and Other CompensationRelocating for Temporary Work Assignments Employee Achievement Awards Scholarship and Fellowship Payments Outplacement Services Withholding for Idle Time Back Pay Supplemental Unemployment Benefits Golden Parachute Payments Interest-Free and Below-Market-Interest-Rate Loans Leave Sharing Plans Nonqualified Deferred Compensation Plans Tax-Sheltered Annuities Contributions to a Simplified Employee Pension (SEP) SIMPLE Retirement Plans 6. 2005 tax return online Sick Pay ReportingSick Pay Payments That Are Not Sick Pay Sick Pay Plan Third-Party Payers of Sick Pay Social Security, Medicare, and FUTA Taxes on Sick Pay Income Tax Withholding on Sick Pay Depositing and Reporting Example of Figuring and Reporting Sick Pay 7. 2005 tax return online Special Rules for Paying TaxesCommon Paymaster Agents Reporting Agents Employee's Portion of Taxes Paid by Employer International Social Security Agreements 8. 2005 tax return online Pensions and AnnuitiesFederal Income Tax Withholding 9. 2005 tax return online Alternative Methods for Figuring WithholdingTerm of continuous employment. 2005 tax return online Formula Tables for Percentage Method Withholding (for Automated Payroll Systems) Wage Bracket Percentage Method Tables (for Automated Payroll Systems) Combined Federal Income Tax, Employee Social Security Tax, and Employee Medicare Tax Withholding Tables 10. 2005 tax return online Tables for Withholding on Distributions of Indian Gaming Profits to Tribal MembersWithholding Tables How To Get Tax Help 1. 2005 tax return online Who Are Employees? Before you can know how to treat payments that you make to workers for services, you must first know the business relationship that exists between you and the person performing the services. 2005 tax return online The person performing the services may be: An independent contractor, A common-law employee, A statutory employee, or A statutory nonemployee. 2005 tax return online This discussion explains these four categories. 2005 tax return online A later discussion, Employee or Independent Contractor in section 2, points out the differences between an independent contractor and an employee and gives examples from various types of occupations. 2005 tax return online If an individual who works for you is not an employee under the common-law rules (see section 2), you generally do not have to withhold federal income tax from that individual's pay. 2005 tax return online However, in some cases you may be required to withhold under the backup withholding requirements on these payments. 2005 tax return online See Publication 15 (Circular E) for information on backup withholding. 2005 tax return online Independent Contractors People such as doctors, veterinarians, and auctioneers who follow an independent trade, business, or profession in which they offer their services to the public, are generally not employees. 2005 tax return online However, whether such people are employees or independent contractors depends on the facts in each case. 2005 tax return online The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result. 2005 tax return online Common-Law Employees Under common-law rules, anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. 2005 tax return online This is so even when you give the employee freedom of action. 2005 tax return online What matters is that you have the right to control the details of how the services are performed. 2005 tax return online For a discussion of facts that indicate whether an individual providing services is an independent contractor or employee, see section 2. 2005 tax return online If you have an employer-employee relationship, it makes no difference how it is labeled. 2005 tax return online The substance of the relationship, not the label, governs the worker's status. 2005 tax return online It does not matter whether the individual is employed full time or part time. 2005 tax return online For employment tax purposes, no distinction is made between classes of employees. 2005 tax return online Superintendents, managers, and other supervisory personnel are all employees. 2005 tax return online An officer of a corporation is generally an employee; however, an officer who performs no services or only minor services, and neither receives nor is entitled to receive any pay, is not considered an employee. 2005 tax return online A director of a corporation is not an employee with respect to services performed as a director. 2005 tax return online You generally have to withhold and pay income, social security, and Medicare taxes on wages that you pay to common-law employees. 2005 tax return online However, the wages of certain employees may be exempt from one or more of these taxes. 2005 tax return online See Employees of Exempt Organizations (section 3) and Religious Exemptions and Special Rules for Ministers (section 4). 2005 tax return online Leased employees. 2005 tax return online   Under certain circumstances, a firm that furnishes workers to other firms is the employer of those workers for employment tax purposes. 2005 tax return online For example, a temporary staffing service may provide the services of secretaries, nurses, and other similarly trained workers to its clients on a temporary basis. 2005 tax return online   The staffing service enters into contracts with the clients under which the clients specify the services to be provided and a fee is paid to the staffing service for each individual furnished. 2005 tax return online The staffing service has the right to control and direct the worker's services for the client, including the right to discharge or reassign the worker. 2005 tax return online The staffing service hires the workers, controls the payment of their wages, provides them with unemployment insurance and other benefits, and is the employer for employment tax purposes. 2005 tax return online For information on employee leasing as it relates to pension plan qualification requirements, see Leased employee in Publication 560, Retirement Plans for Small Business. 2005 tax return online Additional information. 2005 tax return online   For more information about the treatment of special types of employment, the treatment of special types of payments, and similar subjects, see Publication 15 (Circular E) or Publication 51 (Circular A), Agricultural Employer's Tax Guide. 2005 tax return online Statutory Employees If workers are independent contractors under the common law rules, such workers may nevertheless be treated as employees by statute, (also known as “statutory employees”) for certain employment tax purposes. 2005 tax return online This would happen if they fall within any one of the following four categories and meet the three conditions described next under Social security and Medicare taxes . 2005 tax return online A driver who distributes beverages (other than milk) or meat, vegetable, fruit, or bakery products; or who picks up and delivers laundry or dry cleaning, if the driver is your agent or is paid on commission. 2005 tax return online A full-time life insurance sales agent whose principal business activity is selling life insurance or annuity contracts, or both, primarily for one life insurance company. 2005 tax return online An individual who works at home on materials or goods that you supply and that must be returned to you or to a person you name, if you also furnish specifications for the work to be done. 2005 tax return online A full-time traveling or city salesperson who works on your behalf and turns in orders to you from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments. 2005 tax return online The goods sold must be merchandise for resale or supplies for use in the buyer's business operation. 2005 tax return online The work performed for you must be the salesperson's principal business activity. 2005 tax return online See Salesperson in section 2. 2005 tax return online Social security and Medicare taxes. 2005 tax return online   You must withhold social security and Medicare taxes from the wages of statutory employees if all three of the following conditions apply. 2005 tax return online The service contract states or implies that substantially all the services are to be performed personally by them. 2005 tax return online They do not have a substantial investment in the equipment and property used to perform the services (other than an investment in facilities for transportation, such as a car or truck). 2005 tax return online The services are performed on a continuing basis for the same payer. 2005 tax return online Federal unemployment (FUTA) tax. 2005 tax return online   For FUTA tax (the unemployment tax paid under the Federal Unemployment Tax Act), the term “employee” means the same as it does for social security and Medicare taxes, except that it does not include statutory employees defined above in categories 2 and 3. 2005 tax return online Any individual who is a statutory employee described above under category 1 or 4 is also an employee for FUTA tax purposes and subject to FUTA tax. 2005 tax return online Income tax. 2005 tax return online   Do not withhold federal income tax from the wages of statutory employees. 2005 tax return online Reporting payments to statutory employees. 2005 tax return online   Furnish Form W-2 to a statutory employee, and check “Statutory employee” in box 13. 2005 tax return online Show your payments to the employee as “other compensation” in box 1. 2005 tax return online Also, show social security wages in box 3, social security tax withheld in box 4, Medicare wages in box 5, and Medicare tax withheld in box 6. 2005 tax return online The statutory employee can deduct his or her trade or business expenses from the payments shown on Form W-2. 2005 tax return online He or she reports earnings as a statutory employee on line 1 of Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business. 2005 tax return online A statutory employee's business expenses are deductible on Schedule C (Form 1040) or C-EZ (Form 1040) and are not subject to the reduction by 2% of his or her adjusted gross income that applies to common-law employees. 2005 tax return online H-2A agricultural workers. 2005 tax return online   On Form W-2, do not check box 13 (Statutory employee), as H-2A workers are not statutory employees. 2005 tax return online Statutory Nonemployees There are three categories of statutory nonemployees: direct sellers, licensed real estate agents, and certain companion sitters. 2005 tax return online Direct sellers and licensed real estate agents are treated as self-employed for all federal tax purposes, including income and employment taxes, if: Substantially all payments for their services as direct sellers or real estate agents are directly related to sales or other output, rather than to the number of hours worked, and Their services are performed under a written contract providing that they will not be treated as employees for federal tax purposes. 2005 tax return online Direct sellers. 2005 tax return online   Direct sellers include persons falling within any of the following three groups. 2005 tax return online Persons engaged in selling (or soliciting the sale of) consumer products in the home or place of business other than in a permanent retail establishment. 2005 tax return online Persons engaged in selling (or soliciting the sale of) consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis prescribed by regulations, for resale in the home or at a place of business other than in a permanent retail establishment. 2005 tax return online Persons engaged in the trade or business of delivering or distributing newspapers or shopping news (including any services directly related to such delivery or distribution). 2005 tax return online   Direct selling includes activities of individuals who attempt to increase direct sales activities of their direct sellers and who earn income based on the productivity of their direct sellers. 2005 tax return online Such activities include providing motivation and encouragement; imparting skills, knowledge, or experience; and recruiting. 2005 tax return online Licensed real estate agents. 2005 tax return online   This category includes individuals engaged in appraisal activities for real estate sales if they earn income based on sales or other output. 2005 tax return online Companion sitters. 2005 tax return online   Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled. 2005 tax return online A person engaged in the trade or business of putting the sitters in touch with individuals who wish to employ them (that is, a companion sitting placement service) will not be treated as the employer of the sitters if that person does not receive or pay the salary or wages of the sitters and is compensated by the sitters or the persons who employ them on a fee basis. 2005 tax return online Companion sitters who are not employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes. 2005 tax return online Misclassification of Employees Consequences of treating an employee as an independent contractor. 2005 tax return online   If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you are liable for employment taxes for that worker and the relief provision, discussed next, will not apply. 2005 tax return online See section 2 in Publication 15 (Circular E) for more information. 2005 tax return online Relief provision. 2005 tax return online   If you have a reasonable basis for not treating a worker as an employee, you may be relieved from having to pay employment taxes for that worker. 2005 tax return online To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. 2005 tax return online You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. 2005 tax return online Technical service specialists. 2005 tax return online   This relief provision does not apply for a technical services specialist you provide to another business under an arrangement between you and the other business. 2005 tax return online A technical service specialist is an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. 2005 tax return online   This limit on the application of the rule does not affect the determination of whether such workers are employees under the common-law rules. 2005 tax return online The common-law rules control whether the specialist is treated as an employee or an independent contractor. 2005 tax return online However, if you directly contract with a technical service specialist to provide services for your business and not for another business, you may still be entitled to the relief provision. 2005 tax return online Test proctors and room supervisors. 2005 tax return online   The consistent treatment requirement does not apply to services performed after December 31, 2006, by an individual as a test proctor or room supervisor assisting in the administration of college entrance or placement examinations if the individual: Is performing the services for a section 501(c) organization exempt from tax under section 501(a) of the code, and Is not otherwise treated as an employee of the organization for employment taxes. 2005 tax return online Voluntary Classification Settlement Program (VCSP). 2005 tax return online   Employers who are currently treating their workers (or a class or group of workers) as independent contractors or other nonemployees and want to voluntarily reclassify their workers as employees for future tax periods may be eligible to participate in the VCSP if certain requirements are met. 2005 tax return online To apply, use Form 8952, Application for Voluntary Classification Settlement Program (VCSP). 2005 tax return online For more information, visit IRS. 2005 tax return online gov and enter “VCSP” in the search box. 2005 tax return online 2. 2005 tax return online Employee or Independent Contractor? An employer must generally withhold federal income taxes, withhold and pay over social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. 2005 tax return online An employer does not generally have to withhold or pay over any federal taxes on payments to independent contractors. 2005 tax return online Common-Law Rules To determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. 2005 tax return online In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered. 2005 tax return online Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties. 2005 tax return online These facts are discussed next. 2005 tax return online Behavioral control. 2005 tax return online   Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of: Instructions that the business gives to the worker. 2005 tax return online   An employee is generally subject to the business' instructions about when, where, and how to work. 2005 tax return online All of the following are examples of types of instructions about how to do work. 2005 tax return online When and where to do the work. 2005 tax return online What tools or equipment to use. 2005 tax return online What workers to hire or to assist with the work. 2005 tax return online Where to purchase supplies and services. 2005 tax return online What work must be performed by a specified  individual. 2005 tax return online What order or sequence to follow. 2005 tax return online   The amount of instruction needed varies among different jobs. 2005 tax return online Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. 2005 tax return online A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. 2005 tax return online The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right. 2005 tax return online Training that the business gives to the worker. 2005 tax return online   An employee may be trained to perform services in a particular manner. 2005 tax return online Independent contractors ordinarily use their own methods. 2005 tax return online Financial control. 2005 tax return online   Facts that show whether the business has a right to control the business aspects of the worker's job include: The extent to which the worker has unreimbursed business expenses. 2005 tax return online   Independent contractors are more likely to have unreimbursed expenses than are employees. 2005 tax return online Fixed ongoing costs that are incurred regardless of whether work is currently being performed are especially important. 2005 tax return online However, employees may also incur unreimbursed expenses in connection with the services that they perform for their employer. 2005 tax return online The extent of the worker's investment. 2005 tax return online   An independent contractor often has a significant investment in the facilities or tools he or she uses in performing services for someone else. 2005 tax return online However, a significant investment is not necessary for independent contractor status. 2005 tax return online The extent to which the worker makes his or her services available to the relevant market. 2005 tax return online   An independent contractor is generally free to seek out business opportunities. 2005 tax return online Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market. 2005 tax return online How the business pays the worker. 2005 tax return online   An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time. 2005 tax return online This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. 2005 tax return online An independent contractor is often paid a flat fee or on a time and materials basis for the job. 2005 tax return online However, it is common in some professions, such as law, to pay independent contractors hourly. 2005 tax return online The extent to which the worker can realize a profit or loss. 2005 tax return online   An independent contractor can make a profit or loss. 2005 tax return online Type of relationship. 2005 tax return online   Facts that show the parties' type of relationship include: Written contracts describing the relationship the parties intended to create. 2005 tax return online Whether or not the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. 2005 tax return online The permanency of the relationship. 2005 tax return online If you engage a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that your intent was to create an employer-employee relationship. 2005 tax return online The extent to which services performed by the worker are a key aspect of the regular business of the company. 2005 tax return online If a worker provides services that are a key aspect of your regular business activity, it is more likely that you will have the right to direct and control his or her activities. 2005 tax return online For example, if a law firm hires an attorney, it is likely that it will present the attorney's work as its own and would have the right to control or direct that work. 2005 tax return online This would indicate an employer-employee relationship. 2005 tax return online IRS help. 2005 tax return online   If you want the IRS to determine whether or not a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS. 2005 tax return online Industry Examples The following examples may help you properly classify your workers. 2005 tax return online Building and Construction Industry Example 1. 2005 tax return online Jerry Jones has an agreement with Wilma White to supervise the remodeling of her house. 2005 tax return online She did not advance funds to help him carry on the work. 2005 tax return online She makes direct payments to the suppliers for all necessary materials. 2005 tax return online She carries liability and workers' compensation insurance covering Jerry and others that he engaged to assist him. 2005 tax return online She pays them an hourly rate and exercises almost constant supervision over the work. 2005 tax return online Jerry is not free to transfer his assistants to other jobs. 2005 tax return online He may not work on other jobs while working for Wilma. 2005 tax return online He assumes no responsibility to complete the work and will incur no contractual liability if he fails to do so. 2005 tax return online He and his assistants perform personal services for hourly wages. 2005 tax return online Jerry Jones and his assistants are employees of Wilma White. 2005 tax return online Example 2. 2005 tax return online Milton Manning, an experienced tile setter, orally agreed with a corporation to perform full-time services at construction sites. 2005 tax return online He uses his own tools and performs services in the order designated by the corporation and according to its specifications. 2005 tax return online The corporation supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers' compensation insurance on him. 2005 tax return online He does not have a place of business or hold himself out to perform similar services for others. 2005 tax return online Either party can end the services at any time. 2005 tax return online Milton Manning is an employee of the corporation. 2005 tax return online Example 3. 2005 tax return online Wallace Black agreed with the Sawdust Co. 2005 tax return online to supply the construction labor for a group of houses. 2005 tax return online The company agreed to pay all construction costs. 2005 tax return online However, he supplies all the tools and equipment. 2005 tax return online He performs personal services as a carpenter and mechanic for an hourly wage. 2005 tax return online He also acts as superintendent and foreman and engages other individuals to assist him. 2005 tax return online The company has the right to select, approve, or discharge any helper. 2005 tax return online A company representative makes frequent inspections of the construction site. 2005 tax return online When a house is finished, Wallace is paid a certain percentage of its costs. 2005 tax return online He is not responsible for faults, defects of construction, or wasteful operation. 2005 tax return online At the end of each week, he presents the company with a statement of the amount that he has spent, including the payroll. 2005 tax return online The company gives him a check for that amount from which he pays the assistants, although he is not personally liable for their wages. 2005 tax return online Wallace Black and his assistants are employees of the Sawdust Co. 2005 tax return online Example 4. 2005 tax return online Bill Plum contracted with Elm Corporation to complete the roofing on a housing complex. 2005 tax return online A signed contract established a flat amount for the services rendered by Bill Plum. 2005 tax return online Bill is a licensed roofer and carries workers' compensation and liability insurance under the business name, Plum Roofing. 2005 tax return online He hires his own roofers who are treated as employees for federal employment tax purposes. 2005 tax return online If there is a problem with the roofing work, Plum Roofing is responsible for paying for any repairs. 2005 tax return online Bill Plum, doing business as Plum Roofing, is an independent contractor. 2005 tax return online Example 5. 2005 tax return online Vera Elm, an electrician, submitted a job estimate to a housing complex for electrical work at $16 per hour for 400 hours. 2005 tax return online She is to receive $1,280 every 2 weeks for the next 10 weeks. 2005 tax return online This is not considered payment by the hour. 2005 tax return online Even if she works more or less than 400 hours to complete the work, Vera Elm will receive $6,400. 2005 tax return online She also performs additional electrical installations under contracts with other companies, that she obtained through advertisements. 2005 tax return online Vera is an independent contractor. 2005 tax return online Trucking Industry Example. 2005 tax return online Rose Trucking contracts to deliver material for Forest, Inc. 2005 tax return online , at $140 per ton. 2005 tax return online Rose Trucking is not paid for any articles that are not delivered. 2005 tax return online At times, Jan Rose, who operates as Rose Trucking, may also lease another truck and engage a driver to complete the contract. 2005 tax return online All operating expenses, including insurance coverage, are paid by Jan Rose. 2005 tax return online All equipment is owned or rented by Jan and she is responsible for all maintenance. 2005 tax return online None of the drivers are provided by Forest, Inc. 2005 tax return online Jan Rose, operating as Rose Trucking, is an independent contractor. 2005 tax return online Computer Industry Example. 2005 tax return online Steve Smith, a computer programmer, is laid off when Megabyte, Inc. 2005 tax return online , downsizes. 2005 tax return online Megabyte agrees to pay Steve a flat amount to complete a one-time project to create a certain product. 2005 tax return online It is not clear how long that it will take to complete the project, and Steve is not guaranteed any minimum payment for the hours spent on the program. 2005 tax return online Megabyte provides Steve with no instructions beyond the specifications for the product itself. 2005 tax return online Steve and Megabyte have a written contract, which provides that Steve is considered to be an independent contractor, is required to pay federal and state taxes, and receives no benefits from Megabyte. 2005 tax return online Megabyte will file Form 1099-MISC, Miscellaneous Income, to report the amount paid to Steve. 2005 tax return online Steve works at home and is not expected or allowed to attend meetings of the software development group. 2005 tax return online Steve is an independent contractor. 2005 tax return online Automobile Industry Example 1. 2005 tax return online Donna Lee is a salesperson employed on a full-time basis by Bob Blue, an auto dealer. 2005 tax return online She works six days a week and is on duty in Bob's showroom on certain assigned days and times. 2005 tax return online She appraises trade-ins, but her appraisals are subject to the sales manager's approval. 2005 tax return online Lists of prospective customers belong to the dealer. 2005 tax return online She is required to develop leads and report results to the sales manager. 2005 tax return online Because of her experience, she requires only minimal assistance in closing and financing sales and in other phases of her work. 2005 tax return online She is paid a commission and is eligible for prizes and bonuses offered by Bob. 2005 tax return online Bob also pays the cost of health insurance and group-term life insurance for Donna. 2005 tax return online Donna is an employee of Bob Blue. 2005 tax return online Example 2. 2005 tax return online Sam Sparks performs auto repair services in the repair department of an auto sales company. 2005 tax return online He works regular hours and is paid on a percentage basis. 2005 tax return online He has no investment in the repair department. 2005 tax return online The sales company supplies all facilities, repair parts, and supplies; issues instructions on the amounts to be charged, parts to be used, and the time for completion of each job; and checks all estimates and repair orders. 2005 tax return online Sam is an employee of the sales company. 2005 tax return online Example 3. 2005 tax return online An auto sales agency furnishes space for Helen Bach to perform auto repair services. 2005 tax return online She provides her own tools, equipment, and supplies. 2005 tax return online She seeks out business from insurance adjusters and other individuals and does all of the body and paint work that comes to the agency. 2005 tax return online She hires and discharges her own helpers, determines her own and her helpers' working hours, quotes prices for repair work, makes all necessary adjustments, assumes all losses from uncollectible accounts, and receives, as compensation for her services, a large percentage of the gross collections from the auto repair shop. 2005 tax return online Helen is an independent contractor and the helpers are her employees. 2005 tax return online Attorney Example. 2005 tax return online Donna Yuma is a sole practitioner who rents office space and pays for the following items: telephone, computer, on-line legal research linkup, fax machine, and photocopier. 2005 tax return online Donna buys office supplies and pays bar dues and membership dues for three other professional organizations. 2005 tax return online Donna has a part-time receptionist who also does the bookkeeping. 2005 tax return online She pays the receptionist, withholds and pays federal and state employment taxes, and files a Form W-2 each year. 2005 tax return online For the past 2 years, Donna has had only three clients, corporations with which there have been long-standing relationships. 2005 tax return online Donna charges the corporations an hourly rate for her services, sending monthly bills detailing the work performed for the prior month. 2005 tax return online The bills include charges for long distance calls, on-line research time, fax charges, photocopies, postage, and travel, costs for which the corporations have agreed to reimburse her. 2005 tax return online Donna is an independent contractor. 2005 tax return online Taxicab Driver Example. 2005 tax return online Tom Spruce rents a cab from Taft Cab Co. 2005 tax return online for $150 per day. 2005 tax return online He pays the costs of maintaining and operating the cab. 2005 tax return online Tom Spruce keeps all fares that he receives from customers. 2005 tax return online Although he receives the benefit of Taft's two-way radio communication equipment, dispatcher, and advertising, these items benefit both Taft and Tom Spruce. 2005 tax return online Tom Spruce is an independent contractor. 2005 tax return online Salesperson To determine whether salespersons are employees under the usual common-law rules, you must evaluate each individual case. 2005 tax return online If a salesperson who works for you does not meet the tests for a common-law employee, discussed earlier in this section, you do not have to withhold federal income tax from his or her pay (see Statutory Employees in section 1). 2005 tax return online However, even if a salesperson is not an employee under the usual common-law rules for income tax withholding, his or her pay may still be subject to social security, Medicare, and FUTA taxes as a statutory employee. 2005 tax return online To determine whether a salesperson is an employee for social security, Medicare, and FUTA tax purposes, the salesperson must meet all eight elements of the statutory employee test. 2005 tax return online A salesperson is a statutory employee for social security, Medicare, and FUTA tax purposes if he or she: Works full time for one person or company except, possibly, for sideline sales activities on behalf of some other person, Sells on behalf of, and turns his or her orders over to, the person or company for which he or she works, Sells to wholesalers, retailers, contractors, or operators of hotels, restaurants, or similar establishments, Sells merchandise for resale, or supplies for use in the customer's business, Agrees to do substantially all of this work personally, Has no substantial investment in the facilities used to do the work, other than in facilities for transportation, Maintains a continuing relationship with the person or company for which he or she works, and Is not an employee under common-law rules. 2005 tax return online 3. 2005 tax return online Employees of Exempt Organizations Many nonprofit organizations are exempt from federal income tax. 2005 tax return online Although they do not have to pay federal income tax themselves, they must still withhold federal income tax from the pay of their employees. 2005 tax return online However, there are special social security, Medicare, and FUTA tax rules that apply to the wages that they pay their employees. 2005 tax return online Section 501(c)(3) organizations. 2005 tax return online   Nonprofit organizations that are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code include any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, fostering national or international amateur sports competition, or for the prevention of cruelty to children or animals. 2005 tax return online These organizations are usually corporations and are exempt from federal income tax under section 501(a). 2005 tax return online Social security and Medicare taxes. 2005 tax return online   Wages paid to employees of section 501(c)(3) organizations are subject to social security and Medicare taxes unless one of the following situations applies. 2005 tax return online The organization pays an employee less than $100 in a calendar year. 2005 tax return online The organization is a church or church-controlled organization opposed for religious reasons to the payment of social security and Medicare taxes and has filed Form 8274, Certification by Churches and Qualified Church-Controlled Organizations Electing Exemption From Employer Social Security and Medicare Taxes, to elect exemption from social security and Medicare taxes. 2005 tax return online The organization must have filed for exemption before the first date on which a quarterly employment tax return (Form 941) or annual employment tax return (Form 944) would otherwise be due. 2005 tax return online   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes must pay self-employment tax if the employee is paid $108. 2005 tax return online 28 or more in a year. 2005 tax return online However, an employee who is a member of a qualified religious sect can apply for an exemption from the self-employment tax by filing Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. 2005 tax return online See Members of recognized religious sects opposed to insurance in section 4. 2005 tax return online FUTA tax. 2005 tax return online   An organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code is also exempt from FUTA tax. 2005 tax return online This exemption cannot be waived. 2005 tax return online Do not file Form 940 to report wages paid by these organizations or pay the tax. 2005 tax return online Note. 2005 tax return online An organization wholly owned by a state or its political subdivision should contact the appropriate state official for information about reporting and getting social security and Medicare coverage for its employees. 2005 tax return online Other than section 501(c)(3) organizations. 2005 tax return online   Nonprofit organizations that are not section 501(c)(3) organizations may also be exempt from federal income tax under section 501(a) or section 521. 2005 tax return online However, these organizations are not exempt from withholding federal income, social security, or Medicare tax from their employees' pay, or from paying FUTA tax. 2005 tax return online Two special rules for social security, Medicare, and FUTA taxes apply. 2005 tax return online If an employee is paid less than $100 during a calendar year, his or her wages are not subject to social security and Medicare taxes. 2005 tax return online If an employee is paid less than $50 in a calendar quarter, his or her wages are not subject to FUTA tax for the quarter. 2005 tax return online The above rules do not apply to employees who work for pension plans and other similar organizations described in section 401(a). 2005 tax return online 4. 2005 tax return online Religious Exemptions and Special Rules for Ministers Special rules apply to the treatment of ministers for social security and Medicare tax purposes. 2005 tax return online An exemption from social security and Medicare taxes is available for ministers and certain other religious workers and members of certain recognized religious sects. 2005 tax return online For more information on getting an exemption, see Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. 2005 tax return online Ministers. 2005 tax return online   Ministers are individuals who are duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination. 2005 tax return online They are given the authority to conduct religious worship, perform sacerdotal functions, and administer ordinances and sacraments according to the prescribed tenets and practices of that religious organization. 2005 tax return online   Ministers are employees if they perform services in the exercise of ministry and are subject to your will and control. 2005 tax return online The common-law rules discussed in section 1 and section 2 should be applied to determine whether a minister is your employee or is self-employed. 2005 tax return online Whether the minister is an employee or self-employed, the earnings of a minister are not subject to federal income, social security, and Medicare tax withholding. 2005 tax return online However, even if the minister is a common law employee, the earnings as reported on the minister's Form 1040 are subject to self-employment tax and federal income tax. 2005 tax return online You do not withhold these taxes from wages earned by a minister, but if the minister is your employee, you may agree with the minister to voluntarily withhold tax to cover the minister's liability for self-employment tax and federal income tax. 2005 tax return online For more information, see Publication 517. 2005 tax return online Form W-2. 2005 tax return online   If your minister is an employee, report all taxable compensation as wages in box 1 on Form W-2. 2005 tax return online Include in this amount expense allowances or reimbursements paid under a nonaccountable plan, discussed in section 5 of Publication 15 (Circular E). 2005 tax return online Do not include a parsonage allowance (excludable housing allowance) in this amount. 2005 tax return online You may report a designated parsonage or rental allowance (housing allowance) and a utilities allowance, or the rental value of housing provided in a separate statement or in box 14 on Form W-2. 2005 tax return online Do not show on Form W-2, Form 941, or Form 944 any amount as social security or Medicare wages, or any withholding for social security or Medicare taxes. 2005 tax return online If you withheld federal income tax from the minister under a voluntary agreement, this amount should be shown in box 2 on Form W-2 as federal income tax withheld. 2005 tax return online For more information on ministers, see Publication 517. 2005 tax return online Exemptions for ministers and others. 2005 tax return online   Certain ordained ministers, Christian Science practitioners, and members of religious orders who have not taken a vow of poverty may apply to exempt their earnings from self-employment tax on religious grounds. 2005 tax return online The application must be based on conscientious opposition because of personal considerations to public insurance that makes payments in the event of death, disability, old age, or retirement, or that makes payments toward the cost of, or provides services for, medical care, including social security and Medicare benefits. 2005 tax return online The exemption applies only to qualified services performed for the religious organization. 2005 tax return online See Revenue Procedure 91-20, 1991-1 C. 2005 tax return online B. 2005 tax return online 524, for guidelines to determine whether an organization is a religious order or whether an individual is a member of a religious order. 2005 tax return online   To apply for the exemption, the employee should file Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners. 2005 tax return online See Publication 517 for more information about claiming an exemption from self-employment tax using Form 4361. 2005 tax return online Members of recognized religious sects opposed to insurance. 2005 tax return online   If you belong to a recognized religious sect or to a division of such sect that is opposed to insurance, you may qualify for an exemption from the self-employment tax. 2005 tax return online To qualify, you must be conscientiously opposed to accepting the benefits of any public or private insurance that makes payments because of death, disability, old age, or retirement, or makes payments toward the cost of, or provides services for, medical care (including social security and Medicare benefits). 2005 tax return online If you buy a retirement annuity from an insurance company, you will not be eligible for this exemption. 2005 tax return online Religious opposition based on the teachings of the sect is the only legal basis for the exemption. 2005 tax return online In addition, your religious sect (or division) must have existed since December 31, 1950. 2005 tax return online Self-employed. 2005 tax return online   If you are self-employed and a member of a recognized religious sect opposed to insurance, you can apply for exemption by filing Form 4029 to waive all social security and Medicare benefits. 2005 tax return online Employees. 2005 tax return online   The social security and Medicare tax exemption available to the self-employed who are members of a recognized religious sect opposed to insurance is also available to their employees who are members of such a sect. 2005 tax return online This applies to partnerships only if each partner is a member of the sect. 2005 tax return online This exemption for employees applies only if both the employee and the employer are members of such a sect, and the employer has an exemption. 2005 tax return online To get the exemption, the employee must file Form 4029. 2005 tax return online   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes can also apply for an exemption on Form 4029. 2005 tax return online 5. 2005 tax return online Wages and Other Compensation Publication 15 (Circular E) provides a general discussion of taxable wages. 2005 tax return online Publication 15-B discusses fringe benefits. 2005 tax return online The following topics supplement those discussions. 2005 tax return online Relocating for Temporary Work Assignments If an employee is given a temporary work assignment away from his or her regular place of work, certain travel expenses reimbursed or paid directly by the employer in accordance with an accountable plan (see section 5 in Publication 15 (Circular E)) may be excludable from the employee's wages. 2005 tax return online Generally, a temporary work assignment in a single location is one that is realistically expected to last (and does in fact last) for 1 year or less. 2005 tax return online If the employee's new work assignment is indefinite, any living expenses reimbursed or paid by the employer (other than qualified moving expenses) must be included in the employee's wages as compensation. 2005 tax return online For the travel expenses to be excludable: The new work location must be outside of the city or general area of the employee's regular work place or post of duty, The travel expenses must otherwise qualify as deductible by the employee, and The expenses must be for the period during which the employee is at the temporary work location. 2005 tax return online If you reimburse or pay any personal expenses of an employee during his or her temporary work assignment, such as expenses for home leave for family members or for vacations, these amounts must be included in the employee's wages. 2005 tax return online See chapter 1 of Publication 463, Travel, Entertainment, Gift, and Car Expenses, and section 5 of Publication 15 (Circular E), for more information. 2005 tax return online These rules generally apply to temporary work assignments both inside and outside the U. 2005 tax return online S. 2005 tax return online Employee Achievement Awards Do not withhold federal income, social security, or Medicare taxes on the fair market value of an employee achievement award if it is excludable from your employee's gross income. 2005 tax return online To be excludable from your employee's gross income, the award must be tangible personal property (not cash, gift certificates, or securities) given to an employee for length of service or safety achievement, awarded as part of a meaningful presentation, and awarded under circumstances that do not indicate that the payment is disguised compensation. 2005 tax return online Excludable employee achievement awards also are not subject to FUTA tax. 2005 tax return online Limits. 2005 tax return online   The most that you can exclude for the cost of all employee achievement awards to the same employee for the year is $400. 2005 tax return online A higher limit of $1,600 applies to qualified plan awards. 2005 tax return online Qualified plan awards are employee achievement awards under a written plan that does not discriminate in favor of highly compensated employees. 2005 tax return online An award cannot be treated as a qualified plan award if the average cost per recipient of all awards under all of your qualified plans is more than $400. 2005 tax return online   If during the year an employee receives awards not made under a qualified plan and also receives awards under a qualified plan, the exclusion for the total cost of all awards to that employee cannot be more than $1,600. 2005 tax return online The $400 and $1,600 limits cannot be added together to exclude more than $1,600 for the cost of awards to any one employee during the year. 2005 tax return online Scholarship and Fellowship Payments Only amounts that you pay as a qualified scholarship to a candidate for a degree may be excluded from the recipient's gross income. 2005 tax return online A qualified scholarship is any amount granted as a scholarship or fellowship that is used for: Tuition and fees required to enroll in, or to attend, an educational institution, or Fees, books, supplies, and equipment that are required for courses at the educational institution. 2005 tax return online The exclusion from income does not apply to the portion of any amount received that represents payment for teaching, research, or other services required as a condition of receiving the scholarship or tuition reduction. 2005 tax return online These amounts are reportable on Form W-2. 2005 tax return online However, the exclusion will still apply for any amount received under two specific programs—the National Health Service Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program—despite any service condition attached to those amounts. 2005 tax return online Any amounts that you pay for room and board are not excludable from the recipient's gross income. 2005 tax return online A qualified scholarship is not subject to social security, Medicare, and FUTA taxes, or federal income tax withholding. 2005 tax return online For more information, see Publication 970, Tax Benefits for Education. 2005 tax return online Outplacement Services If you provide outplacement services to your employees to help them find new employment (such as career counseling, resume assistance, or skills assessment), the value of these benefits may be income to them and subject to all withholding taxes. 2005 tax return online However, the value of these services will not be subject to any employment taxes if: You derive a substantial business benefit from providing the services (such as improved employee morale or business image) separate from the benefit that you would receive from the mere payment of additional compensation, and The employee would be able to deduct the cost of the services as employee business expenses if he or she had paid for them. 2005 tax return online However, if you receive no additional benefit from providing the services, or if the services are not provided on the basis of employee need, then the value of the services is treated as wages and is subject to federal income tax withholding and social security and Medicare taxes. 2005 tax return online Similarly, if an employee receives the outplacement services in exchange for reduced severance pay (or other taxable compensation), then the amount the severance pay is reduced is treated as wages for employment tax purposes. 2005 tax return online Withholding for Idle Time Payments made under a voluntary guarantee to employees for idle time (any time during which an employee performs no services) are wages for the purposes of social security, Medicare, and FUTA taxes, and federal income tax withholding. 2005 tax return online Back Pay Treat back pay as wages in the year paid and withhold and pay employment taxes as required. 2005 tax return online If back pay was awarded by a court or government agency to enforce a federal or state statute protecting an employee's right to employment or wages, special rules apply for reporting those wages to the Social Security Administration. 2005 tax return online These rules also apply to litigation actions and settlement agreements or agency directives that are resolved out of court and not under a court decree or order. 2005 tax return online Examples of pertinent statutes include, but are not limited to, the National Labor Relations Act, Fair Labor Standards Act, Equal Pay Act, and Age Discrimination in Employment Act. 2005 tax return online See Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration, and Form SSA-131, Employer Report of Special Wage Payments, for details. 2005 tax return online Supplemental Unemployment Benefits If you pay, under a plan, supplemental unemployment benefits to a former employee, all or part of the payments may be taxable and subject to federal income tax withholding, depending on how the plan is funded. 2005 tax return online Amounts that represent a return to the employee of amounts previously subject to tax are not taxable and are not subject to withholding. 2005 tax return online You should withhold federal income tax on the taxable part of the payments made, under a plan, to an employee who is involuntarily separated because of a reduction in force, discontinuance of a plant or operation, or other similar condition. 2005 tax return online It does not matter whether the separation is temporary or permanent. 2005 tax return online There are special rules that apply in determining whether benefits qualify as supplemental unemployment benefits that are excluded from wages for social security, Medicare, and FUTA tax purposes. 2005 tax return online To qualify as supplemental unemployment benefits for these purposes, the benefits must meet the following requirements. 2005 tax return online Benefits are paid only to unemployed former employees who are laid off by the employer. 2005 tax return online Eligibility for benefits depends on meeting prescribed conditions after termination. 2005 tax return online The amount of weekly benefits payable is based upon state unemployment benefits, other compensation allowable under state law, and the amount of regular weekly pay. 2005 tax return online The right to benefits does not accrue until a prescribed period after termination. 2005 tax return online Benefits are not attributable to the performance of particular services. 2005 tax return online No employee has any right to the benefits until qualified and eligible to receive benefits. 2005 tax return online Benefits may not be paid in a lump sum. 2005 tax return online Withholding on taxable supplemental unemployment benefits must be based on the withholding certificate (Form W-4) that the employee gave to you. 2005 tax return online Golden Parachute Payments A golden parachute payment, in general, is a payment made under a contract entered into by a corporation and key personnel. 2005 tax return online Under the agreement, the corporation agrees to pay certain amounts to its key personnel in the event of a change in ownership or control of the corporation. 2005 tax return online Payments to employees under golden parachute contracts are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. 2005 tax return online See Regulations section 1. 2005 tax return online 280G-1 for more information. 2005 tax return online No deduction is allowed to the corporation for any excess parachute payment. 2005 tax return online To determine the amount of the excess parachute payment, you must first determine if there is a parachute payment for purposes of section 280G. 2005 tax return online A parachute payment for purposes of section 280G is any payment that meets all of the following. 2005 tax return online The payment is in the nature of compensation. 2005 tax return online The payment is to, or for the benefit of, a disqualified individual. 2005 tax return online A disqualified individual is anyone who at any time during the 12-month period prior to and ending on the date of the change in ownership or control of the corporation (the disqualified individual determination period) was an employee or independent contractor and was, in regard to that corporation, a shareholder, an officer, or highly compensated individual. 2005 tax return online The payment is contingent on a change in ownership of the corporation, the effective control of the corporation, or the ownership of a substantial portion of the assets of the corporation. 2005 tax return online The payment has an aggregate present value of at least three times the individual's base amount. 2005 tax return online The base amount is the average annual compensation for service includible in the individual's gross income over the most recent 5 taxable years. 2005 tax return online An excess parachute payment amount is the excess of any parachute payment over the base amount. 2005 tax return online For more information, see Regulations section 1. 2005 tax return online 280G-1. 2005 tax return online The recipient of an excess parachute payment is subject to a 20% nondeductible excise tax. 2005 tax return online If the recipient is an employee, the 20% excise tax is to be withheld by the corporation. 2005 tax return online Example. 2005 tax return online An officer of a corporation receives a golden parachute payment of $400,000. 2005 tax return online This is more than three times greater than his or her average compensation of $100,000 over the previous 5-year period. 2005 tax return online The excess parachute payment is $300,000 ($400,000 minus $100,000). 2005 tax return online The corporation cannot deduct the $300,000 and must withhold the excise tax of $60,000 (20% of $300,000). 2005 tax return online Reporting golden parachute payments. 2005 tax return online   Golden parachute payments to employees must be reported on Form W-2. 2005 tax return online See the General Instructions for Forms W-2 and W-3 for details. 2005 tax return online For nonemployee reporting of these payments, see Box 7. 2005 tax return online Nonemployee Compensation in the Instructions for Form 1099-MISC. 2005 tax return online Exempt payments. 2005 tax return online   Payments by most small business corporations and payments under certain qualified plans are exempt from the golden parachute rules. 2005 tax return online See section 280G(b)(5) and (6) for more information. 2005 tax return online Interest-Free and Below-Market-Interest-Rate Loans In general, if an employer lends an employee more than $10,000 at an interest rate less than the current applicable federal rate (AFR), the difference between the interest paid and the interest that would be paid under the AFR is considered additional compensation to the employee. 2005 tax return online This rule applies to a loan of $10,000 or less if one of its principal purposes is the avoidance of federal tax. 2005 tax return online This additional compensation to the employee is subject to social security, Medicare, and FUTA taxes, but not to federal income tax withholding. 2005 tax return online Include it in compensation on Form W-2 (or Form 1099-MISC for an independent contractor). 2005 tax return online The AFR is established monthly and published by the IRS each month in the Internal Revenue Bulletin. 2005 tax return online You can get these rates by calling 1-800-829-4933 or by visiting IRS. 2005 tax return online gov. 2005 tax return online For more information, see section 7872 and its related regulations. 2005 tax return online Leave Sharing Plans If you establish a leave sharing plan for your employees that allows them to transfer leave to other employees for medical emergencies, the amounts paid to the recipients of the leave are considered wages. 2005 tax return online These amounts are includible in the gross income of the recipients and are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. 2005 tax return online Do not include these amounts in the income of the transferors. 2005 tax return online These rules apply only to leave sharing plans that permit employees to transfer leave to other employees for medical emergencies. 2005 tax return online Nonqualified Deferred Compensation Plans Income Tax and Reporting Section 409A provides that all amounts deferred under a nonqualified deferred compensation (NQDC) plan for all tax years are currently includible in gross income (to the extent not subject to a substantial risk of forfeiture and not previously included in gross income) and subject to additional taxes, unless certain requirements are met pertaining to, among other things, elections to defer compensation and distributions under a NQDC plan. 2005 tax return online Section 409A also includes rules that apply to certain trusts or similar arrangements associated with NQDC plans if the trusts or arrangements are located outside of the United States, are restricted to the provision of benefits in connection with a decline in the financial health of the plan sponsor, or contributions are made to the trust during certain periods such as when a qualified plan of the service recipient is underfunded. 2005 tax return online Employers must withhold federal income tax (but not the additional Section 409A taxes) on any amount includible in gross income under section 409A. 2005 tax return online Other changes to the Internal Revenue Code provide that the deferrals under a NQDC plan must be reported separately on Form W-2 or Form 1099-MISC, whichever applies. 2005 tax return online Specific rules for reporting are provided in the instructions to the forms. 2005 tax return online The provisions do not affect the application or reporting of social security, Medicare, or FUTA taxes. 2005 tax return online The provisions do not prevent the inclusion of amounts in income or wages under other provisions of the Internal Revenue Code or common law principles, such as when amounts are actually or constructively received or irrevocably contributed to a separate fund. 2005 tax return online For more information about nonqualified deferred compensation plans, see Regulations sections 1. 2005 tax return online 409A-1 through 1. 2005 tax return online 409A-6. 2005 tax return online Notice 2008-113 provides guidance on the correction of certain operation failures of a NQDC plan. 2005 tax return online Notice 2008-113, 2008-51 I. 2005 tax return online R. 2005 tax return online B. 2005 tax return online 1305, is available at www. 2005 tax return online irs. 2005 tax return online gov/irb/2008-51_IRB/ar12. 2005 tax return online html. 2005 tax return online Also see Notice 2010-6, 2010-3 I. 2005 tax return online R. 2005 tax return online B. 2005 tax return online 275, available at www. 2005 tax return online irs. 2005 tax return online gov/irb/2010-03_IRB/ar08. 2005 tax return online html and Notice 2010-80, 2010-51 I. 2005 tax return online R. 2005 tax return online B. 2005 tax return online 853, available at www. 2005 tax return online irs. 2005 tax return online gov/irb/2010-51_IRB/ar08. 2005 tax return online html. 2005 tax return online Social security, Medicare, and FUTA taxes. 2005 tax return online   Employer contributions to nonqualified deferred compensation (NQDC) plans, as defined in the applicable regulations, are treated as wages subject to social security, Medicare, and FUTA taxes when the services are performed or the employee no longer has a substantial risk of forfeiting the right to the deferred compensation, whichever is later. 2005 tax return online   Amounts deferred are subject to social security, Medicare, and FUTA taxes at that time unless the amount that is deferred cannot be reasonably ascertained; for example, if benefits are based on final pay. 2005 tax return online If the value of the future benefit is based on any factors that are not yet reasonably ascertainable, you may choose to estimate the value of the future benefit and withhold and pay social security, Medicare, and FUTA taxes on that amount. 2005 tax return online You will have to determine later, when the amount is reasonably ascertainable, whether any additional taxes are required. 2005 tax return online If taxes are not paid before the amounts become reasonably ascertainable, when the amounts become reasonably ascertainable they are subject to social security, Medicare, and FUTA taxes on the amounts deferred plus the income attributable to those amounts deferred. 2005 tax return online For more information, see Regulations sections 31. 2005 tax return online 3121(v)(2)-1 and 31. 2005 tax return online 3306(r)(2)-1. 2005 tax return online Tax-Sheltered Annuities Employer payments made by a public educational institution or a tax-exempt organization to purchase a tax-sheltered annuity for an employee (annual deferrals) are included in the employee's social security and Medicare wages, if the payments are made because of a salary reduction agreement. 2005 tax return online However, they are not included in box 1 on Form W-2 in the year the deferrals are made and are not subject to federal income tax withholding. 2005 tax return online See Regulations section 31. 2005 tax return online 3121(a)(5)-2 for the definition of a salary reduction agreement. 2005 tax return online Contributions to a Simplified Employee Pension (SEP) An employer's SEP contributions to an employee's individual retirement arrangement (IRA) are excluded from the employee's gross income. 2005 tax return online These excluded amounts are not subject to social security, Medicare, or FUTA taxes, or federal income tax withholding. 2005 tax return online However, any SEP contributions paid under a salary reduction agreement (SARSEP) are included in wages for purposes of social security, Medicare, and FUTA taxes. 2005 tax return online See Publication 560 for more information about SEPs. 2005 tax return online Salary reduction simplified employee pensions (SARSEP) repealed. 2005 tax return online   You may not establish a SARSEP after 1996. 2005 tax return online However, SARSEPs established before January 1, 1997, may continue to receive contributions. 2005 tax return online SIMPLE Retirement Plans Employer and employee contributions to a savings incentive match plan for employees (SIMPLE) retirement account (subject to limitations) are excludable from the employee's income and are exempt from federal income tax withholding. 2005 tax return online An employer's nonelective (2%) or matching contributions are exempt from social security, Medicare, and FUTA taxes. 2005 tax return online However, an employee's salary reduction contributions to a SIMPLE are subject to social security, Medicare, and FUTA taxes. 2005 tax return online For more information about SIMPLE retirement plans, see Publication 560. 2005 tax return online 6. 2005 tax return online Sick Pay Reporting The IRS expects to change the third-party sick pay recap reporting and filing requirements for wages paid in 2014. 2005 tax return online Information about this change will be included in the revision of Publication 15-A that is expected to post to IRS. 2005 tax return online gov in December 2014. 2005 tax return online Special rules apply to the reporting of sick pay payments to employees. 2005 tax return online How these payments are reported depends on whether the payments are made by the employer or a third party, such as an insurance company. 2005 tax return online Sick pay is usually subject to social security, Medicare, and FUTA taxes. 2005 tax return online For exceptions, see Social Security, Medicare, and FUTA Taxes on Sick Pay , later in this section. 2005 tax return online Sick pay may also be subject to either mandatory or voluntary federal income tax withholding, depending on who pays it. 2005 tax return online Sick Pay Sick pay generally means any amount paid under a plan because of an employee's temporary absence from work due to injury, sickness, or disability. 2005 tax return online It may be paid by either the employer or a third party, such as an insurance company. 2005 tax return online Sick pay includes both short- and long-term benefits. 2005 tax return online It is often expressed as a percentage of the employee's regular wages. 2005 tax return online Payments That Are Not Sick Pay Sick pay does not include the following payments. 2005 tax return online Disability retirement payments. 2005 tax return online Disability retirement payments are not sick pay and are not discussed in this section. 2005 tax return online Those payments are subject to the rules for federal income tax withholding from pensions and annuities. 2005 tax return online See section 8. 2005 tax return online Workers' compensation. 2005 tax return online Payments because of a work-related injury or sickness that are made under a workers' compensation law are not sick pay and are not subject to employment taxes. 2005 tax return online But see Payments in the nature of workers' compensation—public employees next. 2005 tax return online Payments in the nature of workers' compensation—public employees. 2005 tax return online State and local government employees, such as police officers and firefighters, sometimes receive payments due to an injury in the line of duty under a statute that is not the general workers' compensation law of a state. 2005 tax return online If the statute limits benefits to work-related injuries or sickness and does not base payments on the employee's age, length of service, or prior contributions, the statute is “in the nature of” a workers' compensation law. 2005 tax return online Payments under a statute in the nature of a workers' compensation law are not sick pay and are not subject to employment taxes. 2005 tax return online For more information, see Regulations section 31. 2005 tax return online 3121(a)(2)-1. 2005 tax return online Medical expense payments. 2005 tax return online Payments under a definite plan or system for medical and hospitalization expenses, or for insurance covering these expenses, are not sick pay and are not subject to employment taxes. 2005 tax return online Payments unrelated to absence from work. 2005 tax return online Accident or health insurance payments unrelated to absence from work are not sick pay and are not subject to employment taxes. 2005 tax return online These include payments for: Permanent loss of a member or function of the body, Permanent loss of the use of a member or function of the body, or Permanent disfigurement of the body. 2005 tax return online Example. 2005 tax return online Donald was injured in a car accident and lost an eye. 2005 tax return online Under a policy paid for by Donald's employer, Delta Insurance Co. 2005 tax return online paid Donald $20,000 as compensation for the loss of his eye. 2005 tax return online Because the payment was determined by the type of injury and was unrelated to Donald's absence from work, it is not sick pay and is not subject to federal employment taxes. 2005 tax return online Sick Pay Plan A sick pay plan is a plan or system established by an employer under which sick pay is available to employees generally or to a class or classes of employees. 2005 tax return online This does not include a situation in which benefits are provided on a discretionary or occasional basis with merely an intention to aid particular employees in time of need. 2005 tax return online You have a sick pay plan or system if the plan is in writing or is otherwise made known to employees, such as by a bulletin board notice or your long and established practice. 2005 tax return online Some indications that you have a sick pay plan or system include references to the plan or system in the contract of employment, employer contributions to a plan, or segregated accounts for the payment of benefits. 2005 tax return online Definition of employer. 2005 tax return online   The employer for whom the employee normally works, a term used in the following discussion, is either the employer for whom the employee was working at the time that the employee became sick or disabled or the last employer for whom the employee worked before becoming sick or disabled, if that employer made contributions to the sick pay plan on behalf of the sick or disabled employee. 2005 tax return online Note. 2005 tax return online Contributions to a sick pay plan through a cafeteria plan (by direct employer contributions or salary reduction) are employer contributions unless they are after-tax employee contributions (that is, included in taxable wages). 2005 tax return online Third-Party Payers of Sick Pay Employer's agent. 2005 tax return online   An employer's agent is a third party that bears no insurance risk and is reimbursed on a cost-plus-fee basis for payment of sick pay and similar amounts. 2005 tax return online A third party may be your agent even if the third party is responsible for determining which employees are eligible to receive payments. 2005 tax return online For example, if a third party provides administrative services only, the third party is your agent. 2005 tax return online If the third party is paid an insurance premium and is not reimbursed on a cost-plus-fee basis, the third party is not your agent. 2005 tax return online Whether an insurance company or other third party is your agent depends on the terms of their agreement with you. 2005 tax return online   A third party that makes payments of sick pay as your agent is not considered the employer and generally has no responsibility for employment taxes. 2005 tax return online This responsibility remains with you. 2005 tax return online However, under an exception to this rule, the parties may enter into an agreement that makes the third-party agent responsible for employment taxes. 2005 tax return online In this situation, the third-party agent should use its own name and EIN (rather than your name and EIN) for the responsibilities that it has assumed. 2005 tax return online Third party not employer's agent. 2005 tax return online   A third party that makes payments of sick pay other than as an agent of the employer is liable for federal income tax withholding (if requested by the employee) and the employee part of the social security and Medicare taxes. 2005 tax return online   The third party is also liable for the employer part of the social security and Medicare taxes, and the FUTA tax, unless the third party transfers this liability to the employer for whom the employee normally works. 2005 tax return online This liability is transferred if the third party takes the following steps. 2005 tax return online Withholds the employee social security and Medicare taxes from the sick pay payments. 2005 tax return online Makes timely deposits of the employee social security and Medicare taxes. 2005 tax return online Notifies the employer for whom the employee normally works of the payments on which employee taxes were withheld and deposited. 2005 tax return online The third party must notify the employer within the time required for the third party's deposit of the employee part of the social security and Medicare taxes. 2005 tax return online For instance, if the third party is a monthly schedule depositor, it must notify the employer by the 15th day of the month following the month in which the sick pay payment is made because that is the day by which the deposit is required to be made. 2005 tax return online The third party should notify the employer as soon as information on payments is available so that an employer required to make electronic deposits can make them timely. 2005 tax return online For multi-employer plans, see the special rule discussed next. 2005 tax return online Multi-employer plan timing rule. 2005 tax return online   A special rule applies to sick pay payments made to employees by a third-party insurer under an insurance contract with a multi-employer plan established under a collectively bargained agreement. 2005 tax return online If the third-party insurer making the payments complies wi