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File A 1040ez

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File A 1040ez

File a 1040ez 3. File a 1040ez   Unrelated Trade or Business Table of Contents Selling of products of exempt functions. File a 1040ez Dual use of assets or facilities. File a 1040ez Exploitation of exempt functions. File a 1040ez ExamplesExceptions. File a 1040ez Excluded Trade or Business ActivitiesQualified sponsorship payment. File a 1040ez Advertising. File a 1040ez Exception for contingent payments. File a 1040ez Exception for periodicals. File a 1040ez Exception for conventions and trade shows. File a 1040ez Legal definition. File a 1040ez Legal where played. File a 1040ez No for-profit games where played. File a 1040ez Unrelated business income. File a 1040ez   Unrelated business income is the income from a trade or business regularly conducted by an exempt organization and not substantially related to the performance by the organization of its exempt purpose or function, except that the organization uses the profits derived from this activity. File a 1040ez   Certain trade or business activities are not treated as an unrelated trade or business. File a 1040ez See Excluded Trade or Business Activities, later. File a 1040ez Trade or business. File a 1040ez   The term “trade or business” generally includes any activity conducted for the production of income from selling goods or performing services. File a 1040ez An activity does not lose its identity as a trade or business merely because it is conducted within a larger group of similar activities that may or may not be related to the exempt purposes of the organization. File a 1040ez   For example, the regular sale of pharmaceutical supplies to the general public by a hospital pharmacy does not lose its identity as a trade or business, even though the pharmacy also furnishes supplies to the hospital and patients of the hospital in accordance with its exempt purpose. File a 1040ez Similarly, soliciting, selling, and publishing commercial advertising is a trade or business even though the advertising is published in an exempt organization's periodical that contains editorial matter related to the organization's exempt purpose. File a 1040ez Regularly conducted. File a 1040ez   Business activities of an exempt organization ordinarily are considered regularly conducted if they show a frequency and continuity, and are pursued in a manner similar to comparable commercial activities of nonexempt organizations. File a 1040ez   For example, a hospital auxiliary's operation of a sandwich stand for 2 weeks at a state fair would not be the regular conduct of a trade or business. File a 1040ez The stand would not compete with similar facilities that a nonexempt organization would ordinarily operate year-round. File a 1040ez However, operating a commercial parking lot every Saturday, year-round, would be the regular conduct of a trade or business. File a 1040ez Not substantially related. File a 1040ez    A business activity is not substantially related to an organization's exempt purpose if it does not contribute importantly to accomplishing that purpose (other than through the production of funds). File a 1040ez Whether an activity contributes importantly depends in each case on the facts involved. File a 1040ez   In determining whether activities contribute importantly to the accomplishment of an exempt purpose, the size and extent of the activities involved must be considered in relation to the nature and extent of the exempt function that they intend to serve. File a 1040ez For example, to the extent an activity is conducted on a scale larger than is reasonably necessary to perform an exempt purpose, it does not contribute importantly to the accomplishment of the exempt purpose. File a 1040ez The part of the activity that is more than needed to accomplish the exempt purpose is an unrelated trade or business. File a 1040ez   Also in determining whether activities contribute importantly to the accomplishment of an exempt purpose, the following principles apply. File a 1040ez Selling of products of exempt functions. File a 1040ez   Ordinarily, selling products that result from the performance of exempt functions is not an unrelated trade or business if the product is sold in substantially the same state it is in when the exempt functions are completed. File a 1040ez Thus, for an exempt organization engaged in rehabilitating handicapped persons (its exempt function), selling articles made by these persons as part of their rehabilitation training is not an unrelated trade or business. File a 1040ez   However, if a completed product resulting from an exempt function is used or exploited in further business activity beyond what is reasonably appropriate or necessary to dispose of it as is, the activity is an unrelated trade or business. File a 1040ez For example, if an exempt organization maintains an experimental dairy herd for scientific purposes, the sale of milk and cream produced in the ordinary course of operation of the project is not an unrelated trade or business. File a 1040ez But if the organization uses the milk and cream in the further manufacture of food items such as ice cream, pastries, etc. File a 1040ez , the sale of these products is an unrelated trade or business unless the manufacturing activities themselves contribute importantly to the accomplishment of an exempt purpose of the organization. File a 1040ez Dual use of assets or facilities. File a 1040ez   If an asset or facility necessary to the conduct of exempt functions is also used in commercial activities, its use for exempt functions does not, by itself, make the commercial activities a related trade or business. File a 1040ez The test, as discussed earlier, is whether the activities contribute importantly to the accomplishment of exempt purposes. File a 1040ez   For example, a museum has a theater auditorium designed for showing educational films in connection with its program of public education in the arts and sciences. File a 1040ez The theater is a principal feature of the museum and operates continuously while the museum is open to the public. File a 1040ez If the organization also operates the theater as a motion picture theater for the public when the museum is closed, the activity is an unrelated trade or business. File a 1040ez   For information on allocating expenses for the dual use of assets or facilities, see Deductions in chapter 4. File a 1040ez Exploitation of exempt functions. File a 1040ez   Exempt activities sometimes create goodwill or other intangibles that can be exploited in a commercial way. File a 1040ez When an organization exploits such an intangible in commercial activities, the fact that the income depends in part upon an exempt function of the organization does not make the commercial activities a related trade or business. File a 1040ez Unless the commercial exploitation contributes importantly to the accomplishment of the exempt purpose, the commercial activities are an unrelated trade or business. File a 1040ez   For the treatment of expenses attributable to the exploitation of exempt activities, see Deductions in chapter 4. File a 1040ez Examples The following are examples of activities that were determined to be (or not to be) unrelated trades or businesses using the definitions and principles just discussed. File a 1040ez Sales commissions. File a 1040ez   An agricultural organization, whose exempt purposes are to promote better conditions for cattle breeders and to improve the breed generally, engages in an unrelated trade or business when it regularly sells cattle for its members on a commission basis. File a 1040ez Artists' facilities. File a 1040ez   An organization whose exempt purpose is to stimulate and foster public interest in the fine arts by promoting art exhibits, sponsoring cultural events, and furnishing information about fine arts leases studio apartments to artist tenants and operates a dining hall primarily for these tenants. File a 1040ez These two activities do not contribute importantly to accomplishing the organization's exempt purpose. File a 1040ez Therefore, they are unrelated trades or businesses. File a 1040ez Membership list sales. File a 1040ez   An exempt educational organization regularly sells membership mailing lists to business firms. File a 1040ez This activity does not contribute importantly to the accomplishment of the organization's exempt purpose and therefore is an unrelated trade or business. File a 1040ez Also see Exchange or rental of member lists under Excluded Trade or Business Activities, later. File a 1040ez Hospital facilities. File a 1040ez   An exempt hospital leases its adjacent office building and furnishes certain office services to a hospital-based medical group for a fee. File a 1040ez The group provides all diagnostic and therapeutic procedures to the hospital's patients and operates the hospital's emergency room on a 24-hour basis. File a 1040ez The leasing activity is substantially related to the hospital's exempt purpose and is not an unrelated trade or business. File a 1040ez   The hospital also operates a gift shop patronized by patients, visitors making purchases for patients, and employees; a cafeteria and coffee shop primarily for employees and medical staff; and a parking lot for patients and visitors only. File a 1040ez These activities are also substantially related to the hospital's exempt purpose and do not constitute unrelated trades or businesses. File a 1040ez Book publishing. File a 1040ez   An exempt organization engages primarily in activities that further its exempt purposes. File a 1040ez It also owns the publication rights to a book that does not relate to any of its exempt purposes. File a 1040ez The organization exploits the book in a commercial manner by arranging for printing, distribution, publicity, and advertising in connection with the sale of the book. File a 1040ez These activities constitute a trade or business regularly conducted. File a 1040ez Because exploiting the book is unrelated to the organization's exempt purposes (except for the use of the book's profits), the income is unrelated business income. File a 1040ez   However, if the organization transfers publication rights to a commercial publisher in return for royalties, the royalty income received will not be unrelated business income. File a 1040ez See Royalties under Exclusions in chapter 4. File a 1040ez School handicraft shop. File a 1040ez   An exempt vocational school operates a handicraft shop that sells articles made by students in their regular courses of instruction. File a 1040ez The students are paid a percentage of the sales price. File a 1040ez In addition, the shop sells products made by local residents who make articles at home according to the shop's specifications. File a 1040ez The shop manager periodically inspects the articles during their manufacture to ensure that they meet desired standards of style and quality. File a 1040ez Although many local participants are former students of the school, any qualified person may participate in the program. File a 1040ez The sale of articles made by students does not constitute an unrelated trade or business, but the sale of products made by local residents is an unrelated trade or business and is subject to unrelated business income tax. File a 1040ez School facilities. File a 1040ez   An exempt school has tennis courts and dressing rooms that it uses during the regular school year in its educational program. File a 1040ez During the summer, the school operates a tennis club open to the general public. File a 1040ez Employees of the school run the club, including collecting membership fees and scheduling court time. File a 1040ez   Another exempt school leases the same type of facilities to an unrelated individual who runs a tennis club for the summer. File a 1040ez The lease is for a fixed fee that does not depend on the income or profits derived from the leased property. File a 1040ez   In both situations, the exempt purpose is the advancement of education. File a 1040ez Furnishing tennis facilities in the manner described does not further that exempt purpose. File a 1040ez These activities are unrelated trades or businesses. File a 1040ez However, in the second situation the income derived from the leasing of the property is excluded from unrelated business taxable income as rent from real property. File a 1040ez See Rents under Exclusions in chapter 4. File a 1040ez Services provided with lease. File a 1040ez   An exempt university leases its football stadium during several months of the year to a professional football team for a fixed fee. File a 1040ez Under the lease agreement, the university furnishes heat, light, and water and is responsible for all ground maintenance. File a 1040ez It also provides dressing room, linen, and stadium security services for the professional team. File a 1040ez   Leasing of the stadium is an unrelated trade or business. File a 1040ez In addition, the substantial services furnished for the convenience of the lessee go beyond those usually provided with the rental of space for occupancy only. File a 1040ez Therefore, the income from this lease is rent from real property and unrelated business taxable income. File a 1040ez Broadcasting rights. File a 1040ez   An exempt collegiate athletic conference conducts an annual competitive athletic game between its conference champion and another collegiate team. File a 1040ez Income is derived from admission charges and the sale of exclusive broadcasting rights to a national radio and television network. File a 1040ez An athletic program is considered an integral part of the educational process of a university. File a 1040ez   The educational purposes served by intercollegiate athletics are identical whether conducted directly by individual universities or by their regional athletic conference. File a 1040ez Also, the educational purposes served by exhibiting a game before an audience that is physically present and exhibiting the game on television or radio before a much larger audience are substantially similar. File a 1040ez Therefore, the sale of the broadcasting rights contributes importantly to the accomplishment of the organization's exempt purpose and is not an unrelated trade or business. File a 1040ez   In a similar situation, an exempt organization was created as a national governing body for amateur athletes to foster interest in amateur sports and to encourage widespread public participation. File a 1040ez The organization receives income each year from the sale of exclusive broadcasting rights to an independent producer, who contracts with a commercial network to broadcast many of the athletic events sponsored, supervised, and regulated by the organization. File a 1040ez   The broadcasting of these events promotes the various amateur sports, fosters widespread public interest in the benefits of the organization's nationwide amateur program, and encourages public participation. File a 1040ez The sale of the rights and the broadcasting of the events contribute importantly to the organization's exempt purpose. File a 1040ez Therefore, the sale of the exclusive broadcasting rights is not an unrelated trade or business. File a 1040ez Yearbook advertising. File a 1040ez   An exempt organization receives income from the sale of advertising in its annual yearbook. File a 1040ez The organization hires an independent commercial firm, under a contract covering a full calendar year, to conduct an intensive advertising solicitation campaign in the organization's name. File a 1040ez This firm is paid a percentage of the gross advertising receipts for selling the advertising, collecting from advertisers, and printing the yearbook. File a 1040ez This advertising activity is an unrelated trade or business. File a 1040ez Pet boarding and grooming services. File a 1040ez   An exempt organization, organized and operated for the prevention of cruelty to animals, receives unrelated business income from providing pet boarding and grooming services for the general public. File a 1040ez These activities do not contribute importantly to its purpose of preventing cruelty to animals. File a 1040ez Museum eating facilities. File a 1040ez   An exempt art museum operates a dining room, a cafeteria, and a snack bar for use by the museum staff, employees, and visitors. File a 1040ez Eating facilities in the museum help to attract visitors and allow them to spend more time viewing the museum's exhibits without having to seek outside restaurants at mealtime. File a 1040ez The eating facilities also allow the museum staff and employees to remain in the museum throughout the day. File a 1040ez Thus, the museum's operation of the eating facilities contributes importantly to the accomplishment of its exempt purposes and is not unrelated trade or business. File a 1040ez Halfway house workshop. File a 1040ez   A halfway house organized to provide room, board, therapy, and counseling for persons discharged from alcoholic treatment centers also operates a furniture shop to provide full-time employment for its residents. File a 1040ez The profits are applied to the operating costs of the halfway house. File a 1040ez The income from this venture is not unrelated trade or business income because the furniture shop contributes importantly to the organization's purpose of aiding its residents' transition from treatment to a normal and productive life. File a 1040ez Travel tour programs. File a 1040ez   Travel tour activities that are a trade or business are an unrelated trade or business if the activities are not substantially related to the purpose for which tax exemption was granted to the organization. File a 1040ez Example 1. File a 1040ez A tax-exempt university alumni association provides a travel tour program for its members and their families. File a 1040ez The organization works with various travel agencies and schedules approximately ten tours a year to various places around the world. File a 1040ez It mails out promotional material and accepts reservations for fees paid by the travel agencies on a per-person basis. File a 1040ez The organization provides an employee for each tour as a tour leader. File a 1040ez There is no formal educational program conducted with these tours, and they do not differ from regular commercially operated tours. File a 1040ez By providing travel tours to its members, the organization is engaging in a regularly conducted trade or business. File a 1040ez Even if the tours it offers support the university, financially and otherwise, and encourage alumni to do the same, they do not contribute importantly to the organization's exempt purpose of promoting education. File a 1040ez Therefore, the sale of the travel tours is an unrelated trade or business. File a 1040ez Example 2. File a 1040ez A tax-exempt organization formed for the purpose of educating individuals about the geography and the culture of the United States provides study tours to national parks and other locations within the United States. File a 1040ez These tours are conducted by teachers and others certified by the state board of education. File a 1040ez The tours are primarily designed for students enrolled in degree programs at state educational institutions but are open to all who agree to participate in the required study program associated with the tour taken. File a 1040ez A tour's study program consists of instruction on subjects related to the location being visited on the tour. File a 1040ez Each tour group brings along a library of material related to the subjects being studied on the tour. File a 1040ez During the tour, 5 or 6 hours per day are devoted to organized study, preparation of reports, lectures, instruction, and recitation by the students. File a 1040ez Examinations are given at the end of each tour. File a 1040ez The state board of education awards academic credit for tour participation. File a 1040ez Because these tours are substantially related to the organization's exempt purpose, they are not an unrelated trade or business. File a 1040ez Insurance programs. File a 1040ez   An organization that acts as a group insurance policyholder for its members and collects a fee for performing administrative services is normally carrying on an unrelated trade or business. File a 1040ez Exceptions. File a 1040ez   Organizations whose exempt activities may include the provision of insurance benefits, such as fraternal beneficiary societies, voluntary employees beneficiary associations, and labor organizations, are generally exceptions to this rule. File a 1040ez Magazine publishing. File a 1040ez   An association of credit unions with tax-exempt status as a business league publishes a consumer-oriented magazine four times a year and makes it available to member credit unions for purchase. File a 1040ez   By selling a magazine to its members as a promotional device, the organization furnishes its members with a regular commercial service they can use in their own operations. File a 1040ez This service does not promote the improvement of business conditions of one or more lines of business, which is the exempt purpose of a business league. File a 1040ez   Since the activity does not contribute importantly to the organization's exempt function, it is an unrelated trade or business. File a 1040ez Directory of members. File a 1040ez   A business league publishes an annual directory that contains a list of all its members, their addresses, and their area of expertise. File a 1040ez Each member has the same amount of space in the directory, and its format does not emphasize the relative importance or reputation of any member. File a 1040ez The directory contains no commercial advertisement and is sold only to the organization's members. File a 1040ez   The directory facilitates communication among the members and encourages the exchange of ideas and expertise. File a 1040ez Because the directory lists the members in a similar noncommercial format without advertising and is not distributed to the public, its sale does not confer private commercial benefits on the members. File a 1040ez The sale of the directory does contribute importantly to the organization's exempt purpose and is not an unrelated trade or business. File a 1040ez This directory differs from the publication discussed next because of its noncommercial characteristics. File a 1040ez Sales of advertising space. File a 1040ez   A national association of law enforcement officials publishes a monthly journal that contains articles and other editorial material of professional interest to its members. File a 1040ez The journal is distributed without charge, mainly to the organization's members. File a 1040ez   The organization sells advertising space in the journal either for conventional advertising or to merely identify the purchaser without a commercial message. File a 1040ez Some of the noncommercial advertising identifies the purchaser in a separate space, and some consists of listings of 60 or more purchasers per page. File a 1040ez A business firm identified in a separate space is further identified in an Index of Advertisers. File a 1040ez   The organization solicits advertising by personal contacts. File a 1040ez Advertising from large firms is solicited by contacting their chief executive officer or community relations officer rather than their advertising manager. File a 1040ez The organization also solicits advertising in form letters appealing for corporate and personal contributions. File a 1040ez   An exempt organization's sale of advertising placed for the purchaser's commercial benefit is a commercial activity. File a 1040ez Goodwill derived by the purchaser from being identified as a patron of the organization is usually considered a form of commercial benefit. File a 1040ez Therefore, advertising in an exempt organization's publication is generally presumed to be placed for the purchaser's commercial benefit, even if it has no commercial message. File a 1040ez However, this presumption is not conclusive if the purchaser's patronage would be difficult to justify commercially in view of the facts and circumstances. File a 1040ez In that case, other factors should also be considered in determining whether a commercial benefit can be expected. File a 1040ez Those other factors include: The normal manner in which the publication is circulated; The territorial scope of the circulation; The extent to which its readers, promoters, or the like could reasonably be expected to further, either directly or indirectly, the commercial interest of the advertisers; The eligibility of the publishing organization to receive tax-deductible contributions; and The commercial or noncommercial methods used to solicit the advertisers. File a 1040ez   In this situation, the purchaser of a separate advertising space without a commercial message can nevertheless expect a commercial benefit from the goodwill derived from being identified in that manner as a patron of the organization. File a 1040ez However, the purchaser of a listing cannot expect more than an inconsequential benefit. File a 1040ez Therefore, the sale of separate spaces, but not the listings, is an unrelated trade or business. File a 1040ez Publishing legal notices. File a 1040ez   A bar association publishes a legal journal containing opinions of the county court, articles of professional interest to lawyers, advertisements for products and services used by the legal profession, and legal notices. File a 1040ez The legal notices are published to satisfy state laws requiring publication of notices in connection with legal proceedings, such as the administration of estates and actions to quiet title to real property. File a 1040ez The state designated the bar association's journal as the place to publish the required notices. File a 1040ez   The publication of ordinary commercial advertising does not advance the exempt purposes of the association even when published in a periodical that contains material related to exempt purposes. File a 1040ez Although the advertising is directed specifically to members of the legal profession, it is still commercial in nature and does not contribute importantly to the exempt purposes of the association. File a 1040ez Therefore, the advertising income is unrelated trade or business income. File a 1040ez   On the other hand, the publication of legal notices is distinguishable from ordinary commercial advertising in that its purpose is to inform the general public of significant legal events rather than to stimulate demand for the products or services of an advertiser. File a 1040ez This promotes the common interests of the legal profession and contributes importantly to the association's exempt purposes. File a 1040ez Therefore, the publishing of legal notices does not constitute an unrelated trade or business. File a 1040ez Museum greeting card sales. File a 1040ez    An art museum that exhibits modern art sells greeting cards that display printed reproductions of selected works from other art collections. File a 1040ez Each card is imprinted with the name of the artist, the title or subject matter of the work, the date or period of its creation, if known, and the museum's name. File a 1040ez The cards contain appropriate greetings and are personalized on request. File a 1040ez   The organization sells the cards in the shop it operates in the museum and sells them at quantity discounts to retail stores. File a 1040ez It also sells them by mail order through a catalog that is advertised in magazines and other publications throughout the year. File a 1040ez As a result, a large number of cards are sold at a significant profit. File a 1040ez   The museum is exempt as an educational organization on the basis of its ownership, maintenance, and exhibition for public viewing of works of art. File a 1040ez The sale of greeting cards with printed reproductions of artworks contributes importantly to the achievement of the museum's exempt educational purposes by enhancing public awareness, interest, and appreciation of art. File a 1040ez The cards may encourage more people to visit the museum itself to share in its educational programs. File a 1040ez The fact that the cards are promoted and sold in a commercial manner at a profit and in competition with commercial greeting card publishers does not alter the fact that the activity is related to the museum's exempt purpose. File a 1040ez Therefore, these sales activities are not an unrelated trade or business. File a 1040ez Museum shop. File a 1040ez   An art museum maintained and operated for the exhibition of American folk art operates a shop in the museum that sells: Reproductions of works in the museum's own collection and reproductions of artistic works from the collections of other art museums (prints suitable for framing, postcards, greeting cards, and slides); Metal, wood, and ceramic copies of American folk art objects from its own collection and similar copies of art objects from other collections of artworks; Instructional literature and scientific books and souvenir items concerning the history and development of art and, in particular, of American folk art; and Scientific books and souvenir items of the city in which the museum is located. File a 1040ez   The shop also rents originals or reproductions of paintings contained in its collection. File a 1040ez All of its reproductions are imprinted with the name of the artist, the title or subject matter of the work from which it is reproduced, and the museum's name. File a 1040ez   Each line of merchandise must be considered separately to determine if sales are related to the exempt purpose. File a 1040ez   The sale and rental of reproductions and copies of works from the museum's own collection and reproductions of artistic works not owned by the museum contribute importantly to the achievement of the museum's exempt educational purpose by making works of art familiar to a broader segment of the public, thereby enhancing the public's understanding and appreciation of art. File a 1040ez The same is true for the sale of literature relating to art. File a 1040ez Therefore, these sales activities are not an unrelated trade or business. File a 1040ez   On the other hand, the sale of scientific books and souvenir items of the city where the museum is located has no causal relationship to art or to artistic endeavor and, therefore, does not contribute importantly to the accomplishment of the museum's exempt educational purposes. File a 1040ez The fact that selling some of these items could, under different circumstances, be held related to the exempt educational purpose of some other exempt educational organization does not change this conclusion. File a 1040ez Additionally, the sale of these items does not lose its identity as a trade or business merely because the museum also sells articles which do contribute importantly to the accomplishment of its exempt function. File a 1040ez Therefore, these sales are an unrelated trade or business. File a 1040ez Business league's parking and bus services. File a 1040ez   A business league, whose purpose is to retain and stimulate trade in a downtown area that has inadequate parking facilities, operates a fringe parking lot and shuttle bus service. File a 1040ez It also operates, as an insubstantial part of its activities, a park and shop plan. File a 1040ez   The fringe parking lot and shuttle bus service operate in a manner that does not favor any individual or group of downtown merchants. File a 1040ez The merchants cannot offer free or discount parking or bus fares to their customers. File a 1040ez   The park and shop plan allows customers of particular merchants to park free at certain parking lots in the area. File a 1040ez Merchants participating in this plan buy parking stamps, which they distribute to their customers to use to pay for parking. File a 1040ez   Operating the fringe parking lot and shuttle bus service provides easy and convenient access to the downtown area and, therefore, stimulates and improves business conditions in the downtown area generally. File a 1040ez That activity contributes importantly to the organization's accomplishing its exempt purpose and is not an unrelated trade or business. File a 1040ez   The park and shop plan encourages customers to use a limited number of participating member merchants in order to obtain free parking. File a 1040ez This provides a particular service to individual members of the organization and does not further its exempt purpose. File a 1040ez Therefore, operating the park and shop plan is an unrelated trade or business. File a 1040ez Youth residence. File a 1040ez   An exempt organization, whose purpose is to provide for the welfare of young people, rents rooms primarily to people under age 25. File a 1040ez The residence units are operated on, and as a part of, the premises in which the organization carries on the social, recreational, and guidance programs for which it was recognized as exempt. File a 1040ez The facilities are under the management and supervision of trained career professionals who provide residents with personal counseling, physical education programs, and group recreational activities. File a 1040ez The rentals are not an unrelated trade or business because renting the rooms is substantially related to the organization's exempt purpose. File a 1040ez Health club program. File a 1040ez   An exempt charitable organization's purpose is to provide for the welfare of young people. File a 1040ez The organization conducts charitable activities and maintains facilities that will contribute to the physical, social, mental, and spiritual health of young people at minimum or no cost to them. File a 1040ez Nominal annual dues are charged for membership in the organization and use of the facilities. File a 1040ez   In addition, the organization organized a health club program that its members could join for an annual fee in addition to the annual dues. File a 1040ez The annual fee is comparable to fees charged by similar local commercial health clubs and is sufficiently high to restrict participation in the program to a limited number of members of the community. File a 1040ez   The health club program is in addition to the general physical fitness program of the organization. File a 1040ez Operating this program does not contribute importantly to the organization's accomplishing its exempt purpose and, therefore, is an unrelated trade or business. File a 1040ez Miniature golf course. File a 1040ez   An exempt youth welfare organization operates a miniature golf course that is open to the general public. File a 1040ez The course, which is managed by salaried employees, is substantially similar to commercial courses. File a 1040ez The admission fees charged are comparable to fees of commercial facilities and are designed to return a profit. File a 1040ez   The operation of the miniature golf course in a commercial manner does not contribute importantly to the accomplishment of the organization's exempt purpose and, therefore, is an unrelated trade or business. File a 1040ez Sales of hearing aids. File a 1040ez   A tax-exempt hospital, whose primary activity is rehabilitation, sells hearing aids to patients. File a 1040ez This activity is an essential part of the hospital's program to test and evaluate patients with hearing deficiencies and contributes importantly to its exempt purpose. File a 1040ez It is not an unrelated trade or business. File a 1040ez Nonpatient laboratory testing. File a 1040ez   Nonpatient laboratory testing performed by a tax-exempt teaching hospital on specimens needed for the conduct of its teaching activities is not an unrelated trade or business. File a 1040ez However, laboratory testing performed by a tax-exempt non-teaching hospital on referred specimens from private office patients of staff physicians is an unrelated trade or business if these services are otherwise available in the community. File a 1040ez Selling endorsements. File a 1040ez   An exempt scientific organization enjoys an excellent reputation in the field of biological research. File a 1040ez It exploits this reputation regularly by selling endorsements of laboratory equipment to manufacturers. File a 1040ez Endorsing laboratory equipment does not contribute importantly to the accomplishment of any purpose for which exemption is granted to the organization. File a 1040ez Accordingly, the sale of endorsements is an unrelated trade or business. File a 1040ez Sponsoring entertainment events. File a 1040ez   An exempt university has a regular faculty and a regularly enrolled student body. File a 1040ez During the school year, the university sponsors the appearance of professional theater companies and symphony orchestras that present drama and musical performances for the students and faculty members. File a 1040ez Members of the general public also are admitted. File a 1040ez The university advertises these performances and supervises advance ticket sales at various places, including such university facilities as the cafeteria and the university bookstore. File a 1040ez Although the presentation of the performances makes use of an intangible generated by the university's exempt educational functions—the presence of the student body and faculty—such drama and music events contribute importantly to the overall educational and cultural functions of the university. File a 1040ez Therefore, the activity is not an unrelated trade or business. File a 1040ez Excluded Trade or Business Activities The following activities are specifically excluded from the definition of unrelated trade or business. File a 1040ez Volunteer workforce. File a 1040ez   Any trade or business in which substantially all the work is performed for the organization without compensation is not an unrelated trade or business. File a 1040ez Example 1. File a 1040ez A retail store operated by an exempt orphanage where unpaid volunteers perform substantially all the work in carrying on the business is not an unrelated trade or business. File a 1040ez Example 2. File a 1040ez A volunteer fire company conducts weekly public dances. File a 1040ez Holding public dances and charging admission on a regular basis may, given the facts and circumstances of a particular case, be considered an unrelated trade or business. File a 1040ez However, because the work at the dances is performed by unpaid volunteers, the activity is not an unrelated trade or business. File a 1040ez Convenience of members. File a 1040ez   A trade or business conducted by a 501(c)(3) organization or by a governmental college or university primarily for the convenience of its members, students, patients, officers, or employees is not an unrelated trade or business. File a 1040ez For example, a laundry operated by a college for the purpose of laundering dormitory linens and students' clothing is not an unrelated trade or business. File a 1040ez Qualified sponsorship activities. File a 1040ez   Soliciting and receiving qualified sponsorship payments is not an unrelated trade or business, and the payments are not subject to unrelated business income tax. File a 1040ez Qualified sponsorship payment. File a 1040ez   This is any payment made by a person engaged in a trade or business for which the person will receive no substantial benefit other than the use or acknowledgment of the business name, logo, or product lines in connection with the organization's activities. File a 1040ez “Use or acknowledgment” does not include advertising the sponsor's products or services. File a 1040ez The organization's activities include all its activities, whether or not related to its exempt purposes. File a 1040ez   For example, if, in return for receiving a sponsorship payment, an organization promises to use the sponsor's name or logo in acknowledging the sponsor's support for an educational or fundraising event, the payment is a qualified sponsorship payment and is not subject to the unrelated business income tax. File a 1040ez   Providing facilities, services, or other privileges (for example, complimentary tickets, pro-am playing spots in golf tournaments, or receptions for major donors) to a sponsor or the sponsor's designees in connection with a sponsorship payment does not affect whether the payment is a qualified sponsorship payment. File a 1040ez Instead, providing these goods or services is treated as a separate transaction in determining whether the organization has unrelated business income from the event. File a 1040ez Generally, if the services or facilities are not a substantial benefit or if providing them is a related business activity, the payments will not be subject to the unrelated business income tax. File a 1040ez   Similarly, the sponsor's receipt of a license to use an intangible asset (for example, a trademark, logo, or designation) of the organization is treated as separate from the qualified sponsorship transaction in determining whether the organization has unrelated business taxable income. File a 1040ez   If part of a payment would be a qualified sponsorship payment if paid separately, that part is treated as a separate payment. File a 1040ez For example, if a sponsorship payment entitles the sponsor to both product advertising and the use or acknowledgment of the sponsor's name or logo by the organization, then the unrelated business income tax does not apply to the part of the payment that is more than the fair market value of the product advertising. File a 1040ez Advertising. File a 1040ez   A payment is not a qualified sponsorship payment if, in return, the organization advertises the sponsor's products or services. File a 1040ez For information on the treatment of payments for advertising, see Exploitation of Exempt Activity—Advertising Sales in chapter 4. File a 1040ez   Advertising includes: Messages containing qualitative or comparative language, price information, or other indications of savings or value; Endorsements; and Inducements to purchase, sell, or use the products or services. File a 1040ez   The use of promotional logos or slogans that are an established part of the sponsor's identity is not, by itself, advertising. File a 1040ez In addition, mere distribution or display of a sponsor's product by the organization to the public at a sponsored event, whether for free or for remuneration, is considered use or acknowledgment of the product rather than advertising. File a 1040ez Exception for contingent payments. File a 1040ez   A payment is not a qualified sponsorship payment if its amount is contingent, by contract or otherwise, upon the level of attendance at one or more events, broadcast ratings, or other factors indicating the degree of public exposure to one or more events. File a 1040ez However, the fact that a sponsorship payment is contingent upon an event actually taking place or being broadcast does not, by itself, affect whether a payment qualifies. File a 1040ez Exception for periodicals. File a 1040ez   A payment is not a qualified sponsorship payment if it entitles the payer to the use or acknowledgment of the business name, logo, or product lines in the organization's periodical. File a 1040ez For this purpose, a periodical is any regularly scheduled and printed material (for example, a monthly journal) published by or on behalf of the organization. File a 1040ez It does not include material that is related to and primarily distributed in connection with a specific event conducted by the organization (for example, a program or brochure distributed at a sponsored event). File a 1040ez   The treatment of payments that entitle the payer to the depiction of the payer's name, logo, or products lines in an organization's periodical is determined under the rules that apply to advertising activities. File a 1040ez See Sales of advertising space under Examples, earlier in this chapter. File a 1040ez Also see Exploitation of Exempt Activity—Advertising Sales in chapter 4. File a 1040ez Exception for conventions and trade shows. File a 1040ez   A payment is not a qualified sponsorship payment if it is made in connection with any qualified convention or trade show activity. File a 1040ez The exclusion of qualified convention or trade show activities from the definition of unrelated trade or business is explained later under Convention or trade show activity. File a 1040ez Selling donated merchandise. File a 1040ez   A trade or business that consists of selling merchandise, substantially all of which the organization received as gifts or contributions, is not an unrelated trade or business. File a 1040ez For example, a thrift shop operated by a tax-exempt organization that sells donated clothes and books to the general public, with the proceeds going to the exempt organization, is not an unrelated trade or business. File a 1040ez Employee association sales. File a 1040ez   The sale of certain items by a local association of employees described in section 501(c)(4), organized before May 17, 1969, is not an unrelated trade or business if the items are sold for the convenience of the association's members at their usual place of employment. File a 1040ez This exclusion applies only to the sale of work-related clothes and equipment and items normally sold through vending machines, food dispensing facilities, or by snack bars. File a 1040ez Bingo games. File a 1040ez   Certain bingo games are not included in the term “unrelated trade or business. File a 1040ez ” To qualify for this exclusion, the bingo game must meet the following requirements. File a 1040ez It meets the legal definition of bingo. File a 1040ez It is legal where it is played. File a 1040ez It is played in a jurisdiction where bingo games are not regularly conducted by for-profit organizations. File a 1040ez Legal definition. File a 1040ez   For a game to meet the legal definition of bingo, wagers must be placed, winners must be determined, and prizes or other property must be distributed in the presence of all persons placing wagers in that game. File a 1040ez   A wagering game that does not meet the legal definition of bingo does not qualify for the exclusion, regardless of its name. File a 1040ez For example, “instant bingo,” in which a player buys a pre-packaged bingo card with pull-tabs that the player removes to determine if he or she is a winner, does not qualify. File a 1040ez Legal where played. File a 1040ez   This exclusion applies only if bingo is legal under the laws of the jurisdiction where it is conducted. File a 1040ez The fact that a jurisdiction's law that prohibits bingo is rarely enforced or is widely disregarded does not make the conduct of bingo legal for this purpose. File a 1040ez No for-profit games where played. File a 1040ez   This exclusion applies only if for-profit organizations cannot regularly conduct bingo games in any part of the same jurisdiction. File a 1040ez Jurisdiction is normally the entire state; however, in certain situations, local jurisdiction will control. File a 1040ez Example. File a 1040ez Tax-exempt organizations X and Y are organized under the laws of state N, which has a law that permits exempt organizations to conduct bingo games. File a 1040ez In addition, for-profit organizations are permitted to conduct bingo games in city S, a resort community located in county R. File a 1040ez Several for-profit organizations conduct nightly games. File a 1040ez Y conducts weekly bingo games in city S, while X conducts weekly games in county R. File a 1040ez Since state law confines the for-profit organizations to city S, local jurisdiction controls. File a 1040ez Y's bingo games conducted in city S are an unrelated trade or business. File a 1040ez However, X's bingo games conducted in county R outside of city S are not an unrelated trade or business. File a 1040ez Gambling activities other than bingo. File a 1040ez   Any game of chance conducted by an exempt organization in North Dakota is not an unrelated trade or business if conducting the game does not violate any state or local law. File a 1040ez Pole rentals. File a 1040ez   The term unrelated trade or business does not include qualified pole rentals by a mutual or cooperative telephone or electric company described in section 501(c)(12). File a 1040ez A qualified pole rental is the rental of a pole (or other structure used to support wires) if the pole (or other structure) is used: By the telephone or electric company to support one or more wires that the company uses in providing telephone or electric services to its members, and According to the rental, to support one or more wires (in addition to the wires described in 1 ) for use in connection with the transmission by wire of electricity or of telephone or other communications. File a 1040ez For this purpose, the term rental includes any sale of the right to use the pole (or other structure). File a 1040ez Distribution of low cost articles. File a 1040ez   The term unrelated trade or business does not include activities relating to the distribution of low cost articles incidental to soliciting charitable contributions. File a 1040ez This applies to organizations described in section 501 that are eligible to receive charitable contributions. File a 1040ez   A distribution is considered incidental to the solicitation of a charitable contribution if: The recipient did not request the distribution, The distribution is made without the express consent of the recipient, and The article is accompanied by a request for a charitable contribution to the organization and a statement that the recipient may keep the low cost article regardless of whether a contribution is made. File a 1040ez   An article is considered low cost if the cost of an item (or the aggregate costs if more than one item) distributed to a single recipient in a tax year is not more than $5, indexed annually for inflation. File a 1040ez The maximum cost of a low cost article is $9. File a 1040ez 70 for 2011. File a 1040ez The cost of an article is the cost to the organization that distributes the item or on whose behalf it is distributed. File a 1040ez Exchange or rental of member lists. File a 1040ez   The exchange or rental of member or donor lists between organizations described in section 501 that are eligible to receive charitable contributions is not included in the term unrelated trade or business. File a 1040ez Hospital services. File a 1040ez   The providing of certain services at or below cost by an exempt hospital to other exempt hospitals that have facilities for 100 or fewer inpatients is not an unrelated trade or business. File a 1040ez This exclusion applies only to services described in section 501(e)(1)(A). File a 1040ez Public entertainment activity. File a 1040ez   An unrelated trade or business does not include a qualified public entertainment activity. File a 1040ez A public entertainment activity is one traditionally conducted at a fair or exposition promoting agriculture and education, including any activity whose purpose is designed to attract the public to fairs or expositions or to promote the breeding of animals or the development of products or equipment. File a 1040ez   A qualified public entertainment activity is one conducted by a qualifying organization: In conjunction with an international, national, state, regional, or local fair or exposition; In accordance with state law that permits the activity to be operated or conducted solely by such an organization or by an agency, instrumentality, or political subdivision of the state; or In accordance with state law that permits an organization to be granted a license to conduct an activity for not more than 20 days on paying the state a lower percentage of the revenue from the activity than the state charges nonqualifying organizations that hold similar activities. File a 1040ez   For these purposes, a qualifying organization is an organization described in section 501(c)(3), 501(c)(4), or 501(c)(5) that regularly conducts an agricultural and educational fair or exposition as one of its substantial exempt purposes. File a 1040ez Its conducting qualified public entertainment activities will not affect determination of its exempt status. File a 1040ez Convention or trade show activity. File a 1040ez   An unrelated trade or business does not include qualified convention or trade show activities conducted at a convention, annual meeting, or trade show. File a 1040ez   A qualified convention or trade show activity is any activity of a kind traditionally conducted by a qualifying organization in conjunction with an international, national, state, regional, or local convention, annual meeting, or show if: One of the purposes of the organization in sponsoring the activity is promoting and stimulating interest in, and demand for, the products and services of that industry or educating the persons in attendance regarding new products and services or new rules and regulations affecting the industry; and The show is designed to achieve its purpose through the character of the exhibits and the extent of the industry products that are displayed. File a 1040ez   For these purposes, a qualifying organization is one described in section 501(c)(3), 501(c)(4), 501(c)(5), or 501(c)(6). File a 1040ez The organization must regularly conduct, as one of its substantial exempt purposes, a qualified convention or trade show activity. File a 1040ez   The rental of display space to exhibitors (including exhibitors who are suppliers) at a qualified convention or trade show is not an unrelated trade or business even if the exhibitors who rent the space are permitted to sell or solicit orders. File a 1040ez For this purpose, a supplier's exhibit is one in which the exhibitor displays goods or services that are supplied to, rather than by, members of the qualifying organization in the conduct of these members' own trades or businesses. File a 1040ez    Certain Internet activities conducted by a trade association described in section 501(c)(6) will be considered qualified convention and trade show activity if conducted on a special supplementary section of the association's website in conjunction with a trade show conducted by the association. File a 1040ez The trade show itself must be a qualified convention and trade show activity. File a 1040ez The supplementary section of the website must be ancillary to, and serve to augment and enhance, the trade show, as when it makes available the same information available at the trade show and is available only during a time period that coincides with the time period that the trade show is in operation. File a 1040ez Conversely, Internet activities that are not conducted in conjunction with a qualified convention and trade show activity and that do not augment and enhance the trade show cannot themselves be qualified convention and trade show activity. File a 1040ez Prev  Up  Next   Home   More Online Publications
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The File A 1040ez

File a 1040ez Publication 15 - Main Content Table of Contents 1. File a 1040ez Employer Identification Number (EIN) 2. File a 1040ez Who Are Employees?Relief provisions. File a 1040ez Business Owned and Operated by Spouses 3. File a 1040ez Family Employees 4. File a 1040ez Employee's Social Security Number (SSN)Registering for SSNVS. File a 1040ez 5. File a 1040ez Wages and Other CompensationAccountable plan. File a 1040ez Nonaccountable plan. File a 1040ez Per diem or other fixed allowance. File a 1040ez 50% test. File a 1040ez Health Savings Accounts and medical savings accounts. File a 1040ez Nontaxable fringe benefits. File a 1040ez When fringe benefits are treated as paid. File a 1040ez Valuation of fringe benefits. File a 1040ez Withholding on fringe benefits. File a 1040ez Depositing taxes on fringe benefits. File a 1040ez 6. File a 1040ez TipsOrdering rule. File a 1040ez 7. File a 1040ez Supplemental Wages 8. File a 1040ez Payroll Period 9. File a 1040ez Withholding From Employees' WagesIncome Tax Withholding Social Security and Medicare Taxes Part-Time Workers 10. File a 1040ez Required Notice to Employees About the Earned Income Credit (EIC) 11. File a 1040ez Depositing TaxesWhen To Deposit How To Deposit Deposit Penalties 12. File a 1040ez Filing Form 941 or Form 944 13. File a 1040ez Reporting Adjustments to Form 941 or Form 944Current Period Adjustments Prior Period Adjustments Wage Repayments 14. File a 1040ez Federal Unemployment (FUTA) TaxSuccessor employer. File a 1040ez Household employees. File a 1040ez When to deposit. File a 1040ez Household employees. File a 1040ez Electronic filing by reporting agents. File a 1040ez 16. File a 1040ez How To Use the Income Tax Withholding TablesWage Bracket Method Percentage Method Alternative Methods of Income Tax Withholding How To Get Tax Help 1. File a 1040ez Employer Identification Number (EIN) If you are required to report employment taxes or give tax statements to employees or annuitants, you need an EIN. File a 1040ez The EIN is a nine-digit number the IRS issues. File a 1040ez The digits are arranged as follows: 00-0000000. File a 1040ez It is used to identify the tax accounts of employers and certain others who have no employees. File a 1040ez Use your EIN on all of the items you send to the IRS and SSA. File a 1040ez For more information, see Publication 1635, Employer Identification Number: Understanding Your EIN. File a 1040ez If you do not have an EIN, you may apply for one online. File a 1040ez Go to the IRS. File a 1040ez gov and click on the Apply for an EIN Online link under Tools. File a 1040ez You may also apply for an EIN by calling 1-800-829-4933, or you can fax or mail Form SS-4, Application for Employer Identification Number, to the IRS. File a 1040ez Do not use an SSN in place of an EIN. File a 1040ez You should have only one EIN. File a 1040ez If you have more than one and are not sure which one to use, call 1-800-829-4933 or 1-800-829-4059 (TDD/TTY for persons who are deaf, hard of hearing, or have a speech disability). File a 1040ez Give the numbers you have, the name and address to which each was assigned, and the address of your main place of business. File a 1040ez The IRS will tell you which number to use. File a 1040ez If you took over another employer's business (see Successor employer in section 9), do not use that employer's EIN. File a 1040ez If you have applied for an EIN but do not have your EIN by the time a return is due, file a paper return and write “Applied For” and the date you applied for it in the space shown for the number. File a 1040ez 2. File a 1040ez Who Are Employees? Generally, employees are defined either under common law or under statutes for certain situations. File a 1040ez See Publication 15-A for details on statutory employees and nonemployees. File a 1040ez Employee status under common law. File a 1040ez   Generally, a worker who performs services for you is your employee if you have the right to control what will be done and how it will be done. File a 1040ez This is so even when you give the employee freedom of action. File a 1040ez What matters is that you have the right to control the details of how the services are performed. File a 1040ez See Publication 15-A for more information on how to determine whether an individual providing services is an independent contractor or an employee. File a 1040ez   Generally, people in business for themselves are not employees. File a 1040ez For example, doctors, lawyers, veterinarians, and others in an independent trade in which they offer their services to the public are usually not employees. File a 1040ez However, if the business is incorporated, corporate officers who work in the business are employees of the corporation. File a 1040ez   If an employer-employee relationship exists, it does not matter what it is called. File a 1040ez The employee may be called an agent or independent contractor. File a 1040ez It also does not matter how payments are measured or paid, what they are called, or if the employee works full or part time. File a 1040ez Statutory employees. File a 1040ez   If someone who works for you is not an employee under the common law rules discussed earlier, do not withhold federal income tax from his or her pay, unless backup withholding applies. File a 1040ez Although the following persons may not be common law employees, they are considered employees by statute for social security, Medicare, and FUTA tax purposes under certain conditions. File a 1040ez An agent (or commission) driver who delivers food, beverages (other than milk), laundry, or dry cleaning for someone else. File a 1040ez A full-time life insurance salesperson who sells primarily for one company. File a 1040ez A homeworker who works by guidelines of the person for whom the work is done, with materials furnished by and returned to that person or to someone that person designates. File a 1040ez A traveling or city salesperson (other than an agent-driver or commission-driver) who works full time (except for sideline sales activities) for one firm or person getting orders from customers. File a 1040ez The orders must be for merchandise for resale or supplies for use in the customer's business. File a 1040ez The customers must be retailers, wholesalers, contractors, or operators of hotels, restaurants, or other businesses dealing with food or lodging. File a 1040ez    Statutory nonemployees. File a 1040ez   Direct sellers, qualified real estate agents, and certain companion sitters are, by law, considered nonemployees. File a 1040ez They are generally treated as self-employed for all federal tax purposes, including income and employment taxes. File a 1040ez H-2A agricultural workers. File a 1040ez   On Form W-2, do not check box 13 (Statutory employee), as H-2A workers are not statutory employees. File a 1040ez Treating employees as nonemployees. File a 1040ez   You will generally be liable for social security and Medicare taxes and withheld income tax if you do not deduct and withhold these taxes because you treated an employee as a nonemployee. File a 1040ez You may be able to calculate your liability using special section 3509 rates for the employee share of social security and Medicare taxes and the federal income tax withholding. File a 1040ez The applicable rates depend on whether you filed required Forms 1099. File a 1040ez You cannot recover the employee share of social security, or Medicare tax, or income tax withholding from the employee if the tax is paid under section 3509. File a 1040ez You are liable for the income tax withholding regardless of whether the employee paid income tax on the wages. File a 1040ez You continue to owe the full employer share of social security and Medicare taxes. File a 1040ez The employee remains liable for the employee share of social security and Medicare taxes. File a 1040ez See Internal Revenue Code section 3509 for details. File a 1040ez Also see the Instructions for Form 941-X. File a 1040ez   Section 3509 rates are not available if you intentionally disregard the requirement to withhold taxes from the employee or if you withheld income taxes but not social security or Medicare taxes. File a 1040ez Section 3509 is not available for reclassifying statutory employees. File a 1040ez See Statutory employees , earlier in this section. File a 1040ez   If the employer issued required information returns, the section 3509 rates are: For social security taxes; employer rate of 6. File a 1040ez 2% plus 20% of the employee rate (see the Instructions for Form 941-X). File a 1040ez For Medicare taxes; employer rate of 1. File a 1040ez 45% plus 20% of the employee rate of 1. File a 1040ez 45%, for a total rate of 1. File a 1040ez 74% of wages. File a 1040ez For Additional Medicare Tax; 0. File a 1040ez 18% (20% of the employee rate of 0. File a 1040ez 9%) of wages subject to Additional Medicare Tax. File a 1040ez For income tax withholding, the rate is 1. File a 1040ez 5% of wages. File a 1040ez   If the employer did not issue required information returns, the section 3509 rates are: For social security taxes; employer rate of 6. File a 1040ez 2% plus 40% of the employee rate (see the Instructions for Form 941-X). File a 1040ez For Medicare taxes; employer rate of 1. File a 1040ez 45% plus 40% of the employee rate of 1. File a 1040ez 45%, for a total rate of 2. File a 1040ez 03% of wages. File a 1040ez For Additional Medicare Tax; 0. File a 1040ez 36% (40% of the employee rate of 0. File a 1040ez 9%) of wages subject to Additional Medicare Tax. File a 1040ez For income tax withholding, the rate is 3. File a 1040ez 0% of wages. File a 1040ez Relief provisions. File a 1040ez   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. File a 1040ez To get this relief, you must file all required federal tax returns, including information returns, on a basis consistent with your treatment of the worker. File a 1040ez You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. File a 1040ez See Publication 1976, Do You Qualify for Relief Under Section 530. File a 1040ez IRS help. File a 1040ez   If you want the IRS to determine whether a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. File a 1040ez Voluntary Classification Settlement Program (VCSP). File a 1040ez   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. File a 1040ez To apply, use Form 8952, Application for Voluntary Classification Settlement Program (VCSP). File a 1040ez For more information visit IRS. File a 1040ez gov and enter “VCSP” in the search box. File a 1040ez Business Owned and Operated by Spouses If you and your spouse jointly own and operate a business and share in the profits and losses, you are partners in a partnership, whether or not you have a formal partnership agreement. File a 1040ez See Publication 541, Partnerships, for more details. File a 1040ez The partnership is considered the employer of any employees, and is liable for any employment taxes due on wages paid to its employees. File a 1040ez Exception—Qualified joint venture. File a 1040ez   For tax years beginning after December 31, 2006, the Small Business and Work Opportunity Tax Act of 2007 (Public Law 110-28) provides that a “qualified joint venture,” whose only members are spouses filing a joint income tax return, can elect not to be treated as a partnership for federal tax purposes. File a 1040ez A qualified joint venture conducts a trade or business where: The only members of the joint venture are spouses who file a joint income tax return, Both spouses materially participate (see Material participation in the Instructions for Schedule C (Form 1040), line G) in the trade or business (mere joint ownership of property is not enough), Both spouses elect to not be treated as a partnership, and The business is co-owned by both spouses and is not held in the name of a state law entity such as a partnership or limited liability company (LLC). File a 1040ez   To make the election, all items of income, gain, loss, deduction, and credit must be divided between the spouses, in accordance with each spouse's interest in the venture, and reported on separate Schedules C or F as sole proprietors. File a 1040ez Each spouse must also file a separate Schedule SE to pay self-employment taxes, as applicable. File a 1040ez   Spouses using the qualified joint venture rules are treated as sole proprietors for federal tax purposes and generally do not need an EIN. File a 1040ez If employment taxes are owed by the qualified joint venture, either spouse may report and pay the employment taxes due on the wages paid to the employees using the EIN of that spouse's sole proprietorship. File a 1040ez Generally, filing as a qualified joint venture will not increase the spouses' total tax owed on the joint income tax return. File a 1040ez However, it gives each spouse credit for social security earnings on which retirement benefits are based and for Medicare coverage without filing a partnership return. File a 1040ez    Note. File a 1040ez If your spouse is your employee, not your partner, see One spouse employed by another in section 3. File a 1040ez   For more information on qualified joint ventures, visit IRS. File a 1040ez gov and enter “qualified joint venture” in the search box. File a 1040ez Exception—Community income. File a 1040ez   If you and your spouse wholly own an unincorporated business as community property under the community property laws of a state, foreign country, or U. File a 1040ez S. File a 1040ez possession, you can treat the business either as a sole proprietorship (of the spouse who carried on the business) or a partnership. File a 1040ez You may still make an election to be taxed as a qualified joint venture instead of a partnership. File a 1040ez See Exception—Qualified joint venture , earlier. File a 1040ez 3. File a 1040ez Family Employees Child employed by parents. File a 1040ez   Payments for the services of a child under age 18 who works for his or her parent in a trade or business are not subject to social security and Medicare taxes if the trade or business is a sole proprietorship or a partnership in which each partner is a parent of the child. File a 1040ez If these payments are for work other than in a trade or business, such as domestic work in the parent's private home, they are not subject to social security and Medicare taxes until the child reaches age 21. File a 1040ez However, see Covered services of a child or spouse , later in this section. File a 1040ez Payments for the services of a child under age 21 who works for his or her parent, whether or not in a trade or business, are not subject to FUTA tax. File a 1040ez Payments for the services of a child of any age who works for his or her parent are generally subject to income tax withholding unless the payments are for domestic work in the parent's home, or unless the payments are for work other than in a trade or business and are less than $50 in the quarter or the child is not regularly employed to do such work. File a 1040ez One spouse employed by another. File a 1040ez   The wages for the services of an individual who works for his or her spouse in a trade or business are subject to income tax withholding and social security and Medicare taxes, but not to FUTA tax. File a 1040ez However, the payments for services of one spouse employed by another in other than a trade or business, such as domestic service in a private home, are not subject to social security, Medicare, and FUTA taxes. File a 1040ez Covered services of a child or spouse. File a 1040ez   The wages for the services of a child or spouse are subject to income tax withholding as well as social security, Medicare, and FUTA taxes if he or she works for: A corporation, even if it is controlled by the child's parent or the individual's spouse; A partnership, even if the child's parent is a partner, unless each partner is a parent of the child; A partnership, even if the individual's spouse is a partner; or An estate, even if it is the estate of a deceased parent. File a 1040ez Parent employed by son or daughter. File a 1040ez   When the employer is a son or daughter employing his or her parent the following rules apply. File a 1040ez Payments for the services of a parent in the son’s or daughter’s (the employer’s) trade or business are subject to income tax withholding and social security and Medicare taxes. File a 1040ez Payments for the services of a parent not in the son’s or daughter’s (the employer’s) trade or business are generally not subject to social security and Medicare taxes. File a 1040ez    Social security and Medicare taxes do apply to payments made to a parent for domestic services if all of the following apply: The parent is employed by his or her son or daughter; The son or daughter (the employer) has a child or stepchild living in the home; The son or daughter (the employer) is a widow or widower, divorced, or living with a spouse who, because of a mental or physical condition, cannot care for the child or stepchild for at least 4 continuous weeks in a calendar quarter; and The child or stepchild is either under age 18 or requires the personal care of an adult for at least 4 continuous weeks in a calendar quarter due to a mental or physical condition. File a 1040ez   Payments made to a parent employed by his or her child are not subject to FUTA tax, regardless of the type of services provided. File a 1040ez 4. File a 1040ez Employee's Social Security Number (SSN) You are required to get each employee's name and SSN and to enter them on Form W-2. File a 1040ez This requirement also applies to resident and nonresident alien employees. File a 1040ez You should ask your employee to show you his or her social security card. File a 1040ez The employee may show the card if it is available. File a 1040ez Do not accept a social security card that says “Not valid for employment. File a 1040ez ” A social security number issued with this legend does not permit employment. File a 1040ez You may, but are not required to, photocopy the social security card if the employee provides it. File a 1040ez If you do not provide the correct employee name and SSN on Form W-2, you may owe a penalty unless you have reasonable cause. File a 1040ez See Publication 1586, Reasonable Cause Regulations & Requirements for Missing and Incorrect Name/TINs, for information on the requirement to solicit the employee's SSN. File a 1040ez Applying for a social security card. File a 1040ez   Any employee who is legally eligible to work in the United States and does not have a social security card can get one by completing Form SS-5, Application for a Social Security Card, and submitting the necessary documentation. File a 1040ez You can get Form SS-5 at SSA offices, by calling 1-800-772-1213, or from the SSA website at www. File a 1040ez socialsecurity. File a 1040ez gov/online/ss-5. File a 1040ez html. File a 1040ez The employee must complete and sign Form SS-5; it cannot be filed by the employer. File a 1040ez You may be asked to supply a letter to accompany Form SS-5 if the employee has exceeded his or her yearly or lifetime limit for the number of replacement cards allowed. File a 1040ez Applying for a social security number. File a 1040ez   If you file Form W-2 on paper and your employee applied for an SSN but does not have one when you must file Form W-2, enter “Applied For” on the form. File a 1040ez If you are filing electronically, enter all zeros (000-00-000) in the social security number field. File a 1040ez When the employee receives the SSN, file Copy A of Form W-2c, Corrected Wage and Tax Statement, with the SSA to show the employee's SSN. File a 1040ez Furnish copies B, C, and 2 of Form W-2c to the employee. File a 1040ez Up to 25 Forms W-2c for each Form W-3c, Transmittal of Corrected Wage and Tax Statements, may now be filed per session over the Internet, with no limit on the number of sessions. File a 1040ez For more information, visit the SSA's Employer W-2 Filing Instructions & Information webpage at www. File a 1040ez socialsecurity. File a 1040ez gov/employer. File a 1040ez Advise your employee to correct the SSN on his or her original Form W-2. File a 1040ez Correctly record the employee's name and SSN. File a 1040ez   Record the name and number of each employee as they are shown on the employee's social security card. File a 1040ez If the employee's name is not correct as shown on the card (for example, because of marriage or divorce), the employee should request a corrected card from the SSA. File a 1040ez Continue to report the employee's wages under the old name until the employee shows you an updated social security card with the new name. File a 1040ez If the SSA issues the employee a replacement card after a name change, or a new card with a different social security number after a change in alien work status, file a Form W-2c to correct the name/SSN reported for the most recently filed Form W-2. File a 1040ez It is not necessary to correct other years if the previous name and number were used for years before the most recent Form W-2. File a 1040ez IRS individual taxpayer identification numbers (ITINs) for aliens. File a 1040ez   Do not accept an ITIN in place of an SSN for employee identification or for work. File a 1040ez An ITIN is only available to resident and nonresident aliens who are not eligible for U. File a 1040ez S. File a 1040ez employment and need identification for other tax purposes. File a 1040ez You can identify an ITIN because it is a nine-digit number, beginning with the number “9” with either a “7” or “8” as the fourth digit and is formatted like an SSN (for example, 9NN-7N-NNNN). File a 1040ez    An individual with an ITIN who later becomes eligible to work in the United States must obtain an SSN. File a 1040ez If the individual is currently eligible to work in the United States, instruct the individual to apply for an SSN and follow the instructions under Applying for a social security number, earlier. File a 1040ez Do not use an ITIN in place of an SSN on Form W-2. File a 1040ez Verification of social security numbers. File a 1040ez   Employers and authorized reporting agents can use the Social Security Number Verification Service (SSNVS) to instantly verify up to 10 names and SSNs (per screen) at a time, or submit an electronic file of up to 250,000 names and SSNs and usually receive the results the next business day. File a 1040ez Visit www. File a 1040ez socialsecurity. File a 1040ez gov/employer/ssnv. File a 1040ez htm for more information. File a 1040ez Registering for SSNVS. File a 1040ez   You must register online and receive authorization from your employer to use SSNVS. File a 1040ez To register, visit SSA's website at www. File a 1040ez ssa. File a 1040ez gov/employer and click on the Business Services Online link. File a 1040ez Follow the registration instructions to obtain a user identification (ID) and password. File a 1040ez You will need to provide the following information about yourself and your company. File a 1040ez Name. File a 1040ez SSN. File a 1040ez Date of birth. File a 1040ez Type of employer. File a 1040ez EIN. File a 1040ez Company name, address, and telephone number. File a 1040ez Email address. File a 1040ez   When you have completed the online registration process, SSA will mail a one-time activation code to your employer. File a 1040ez You must enter the activation code online to use SSNVS. File a 1040ez 5. File a 1040ez Wages and Other Compensation Wages subject to federal employment taxes generally include all pay you give to an employee for services performed. File a 1040ez The pay may be in cash or in other forms. File a 1040ez It includes salaries, vacation allowances, bonuses, commissions, and fringe benefits. File a 1040ez It does not matter how you measure or make the payments. File a 1040ez Amounts an employer pays as a bonus for signing or ratifying a contract in connection with the establishment of an employer-employee relationship and an amount paid to an employee for cancellation of an employment contract and relinquishment of contract rights are wages subject to social security, Medicare, and FUTA taxes and income tax withholding. File a 1040ez Also, compensation paid to a former employee for services performed while still employed is wages subject to employment taxes. File a 1040ez More information. File a 1040ez   See section 6 for a discussion of tips and section 7 for a discussion of supplemental wages. File a 1040ez Also, see section 15 for exceptions to the general rules for wages. File a 1040ez Publication 15-A provides additional information on wages, including nonqualified deferred compensation, and other compensation. File a 1040ez Publication 15-B provides information on other forms of compensation, including: Accident and health benefits, Achievement awards, Adoption assistance, Athletic facilities, De minimis (minimal) benefits, Dependent care assistance, Educational assistance, Employee discounts, Employee stock options, Employer-provided cell phones, Group-term life insurance coverage, Health Savings Accounts, Lodging on your business premises, Meals, Moving expense reimbursements, No-additional-cost services, Retirement planning services, Transportation (commuting) benefits, Tuition reduction, and Working condition benefits. File a 1040ez Employee business expense reimbursements. File a 1040ez   A reimbursement or allowance arrangement is a system by which you pay the advances, reimbursements, and charges for your employees' business expenses. File a 1040ez How you report a reimbursement or allowance amount depends on whether you have an accountable or a nonaccountable plan. File a 1040ez If a single payment includes both wages and an expense reimbursement, you must specify the amount of the reimbursement. File a 1040ez   These rules apply to all ordinary and necessary employee business expenses that would otherwise qualify for a deduction by the employee. File a 1040ez Accountable plan. File a 1040ez   To be an accountable plan, your reimbursement or allowance arrangement must require your employees to meet all three of the following rules. File a 1040ez They must have paid or incurred deductible expenses while performing services as your employees. File a 1040ez The reimbursement or advance must be paid for the expense and must not be an amount that would have otherwise been paid by the employee. File a 1040ez They must substantiate these expenses to you within a reasonable period of time. File a 1040ez They must return any amounts in excess of substantiated expenses within a reasonable period of time. File a 1040ez   Amounts paid under an accountable plan are not wages and are not subject to income, social security, Medicare, and FUTA taxes. File a 1040ez   If the expenses covered by this arrangement are not substantiated (or amounts in excess of substantiated expenses are not returned within a reasonable period of time), the amount paid under the arrangement in excess of the substantiated expenses is treated as paid under a nonaccountable plan. File a 1040ez This amount is subject to income, social security, Medicare, and FUTA taxes for the first payroll period following the end of the reasonable period of time. File a 1040ez   A reasonable period of time depends on the facts and circumstances. File a 1040ez Generally, it is considered reasonable if your employees receive their advance within 30 days of the time they incur the expenses, adequately account for the expenses within 60 days after the expenses were paid or incurred, and return any amounts in excess of expenses within 120 days after the expenses were paid or incurred. File a 1040ez Also, it is considered reasonable if you give your employees a periodic statement (at least quarterly) that asks them to either return or adequately account for outstanding amounts and they do so within 120 days. File a 1040ez Nonaccountable plan. File a 1040ez   Payments to your employee for travel and other necessary expenses of your business under a nonaccountable plan are wages and are treated as supplemental wages and subject to income, social security, Medicare, and FUTA taxes. File a 1040ez Your payments are treated as paid under a nonaccountable plan if: Your employee is not required to or does not substantiate timely those expenses to you with receipts or other documentation, You advance an amount to your employee for business expenses and your employee is not required to or does not return timely any amount he or she does not use for business expenses, You advance or pay an amount to your employee regardless of whether you reasonably expect the employee to have business expenses related to your business, or You pay an amount as a reimbursement you would have otherwise paid as wages. File a 1040ez   See section 7 for more information on supplemental wages. File a 1040ez Per diem or other fixed allowance. File a 1040ez   You may reimburse your employees by travel days, miles, or some other fixed allowance under the applicable revenue procedure. File a 1040ez In these cases, your employee is considered to have accounted to you if your reimbursement does not exceed rates established by the Federal Government. File a 1040ez The 2013 standard mileage rate for auto expenses was 56. File a 1040ez 5 cents per mile. File a 1040ez The rate for 2014 is 56 cents per mile. File a 1040ez   The government per diem rates for meals and lodging in the continental United States are listed in Publication 1542, Per Diem Rates. File a 1040ez Other than the amount of these expenses, your employees' business expenses must be substantiated (for example, the business purpose of the travel or the number of business miles driven). File a 1040ez   If the per diem or allowance paid exceeds the amounts substantiated, you must report the excess amount as wages. File a 1040ez This excess amount is subject to income tax withholding and payment of social security, Medicare, and FUTA taxes. File a 1040ez Show the amount equal to the substantiated amount (for example, the nontaxable portion) in box 12 of Form W-2 using code “L. File a 1040ez ” Wages not paid in money. File a 1040ez   If in the course of your trade or business you pay your employees in a medium that is neither cash nor a readily negotiable instrument, such as a check, you are said to pay them “in kind. File a 1040ez ” Payments in kind may be in the form of goods, lodging, food, clothing, or services. File a 1040ez Generally, the fair market value of such payments at the time they are provided is subject to federal income tax withholding and social security, Medicare, and FUTA taxes. File a 1040ez   However, noncash payments for household work, agricultural labor, and service not in the employer's trade or business are exempt from social security, Medicare, and FUTA taxes. File a 1040ez Withhold income tax on these payments only if you and the employee agree to do so. File a 1040ez Nonetheless, noncash payments for agricultural labor, such as commodity wages, are treated as cash payments subject to employment taxes if the substance of the transaction is a cash payment. File a 1040ez Moving expenses. File a 1040ez   Reimbursed and employer-paid qualified moving expenses (those that would otherwise be deductible by the employee) paid under an accountable plan are not includible in an employee's income unless you have knowledge the employee deducted the expenses in a prior year. File a 1040ez Reimbursed and employer-paid nonqualified moving expenses are includible in income and are subject to employment taxes and income tax withholding. File a 1040ez For more information on moving expenses, see Publication 521, Moving Expenses. File a 1040ez Meals and lodging. File a 1040ez   The value of meals is not taxable income and is not subject to income tax withholding and social security, Medicare, and FUTA taxes if the meals are furnished for the employer's convenience and on the employer's premises. File a 1040ez The value of lodging is not subject to income tax withholding and social security, Medicare, and FUTA taxes if the lodging is furnished for the employer's convenience, on the employer's premises, and as a condition of employment. File a 1040ez    “For the convenience of the employer” means you have a substantial business reason for providing the meals and lodging other than to provide additional compensation to the employee. File a 1040ez For example, meals you provide at the place of work so that an employee is available for emergencies during his or her lunch period are generally considered to be for your convenience. File a 1040ez   However, whether meals or lodging are provided for the convenience of the employer depends on all of the facts and circumstances. File a 1040ez A written statement that the meals or lodging are for your convenience is not sufficient. File a 1040ez 50% test. File a 1040ez   If over 50% of the employees who are provided meals on an employer's business premises receive these meals for the convenience of the employer, all meals provided on the premises are treated as furnished for the convenience of the employer. File a 1040ez If this 50% test is met, the value of the meals is excludable from income for all employees and is not subject to federal income tax withholding or employment taxes. File a 1040ez For more information, see Publication 15-B. File a 1040ez Health insurance plans. File a 1040ez   If you pay the cost of an accident or health insurance plan for your employees, including an employee's spouse and dependents, your payments are not wages and are not subject to social security, Medicare, and FUTA taxes, or federal income tax withholding. File a 1040ez Generally, this exclusion also applies to qualified long-term care insurance contracts. File a 1040ez However, for income tax withholding, the value of health insurance benefits must be included in the wages of S corporation employees who own more than 2% of the S corporation (2% shareholders). File a 1040ez For social security, Medicare, and FUTA taxes, the health insurance benefits are excluded from the wages only for employees and their dependents or for a class or classes of employees and their dependents. File a 1040ez See Announcement 92-16 for more information. File a 1040ez You can find Announcement 92-16 on page 53 of Internal Revenue Bulletin 1992-5. File a 1040ez Health Savings Accounts and medical savings accounts. File a 1040ez   Your contributions to an employee's Health Savings Account (HSA) or Archer medical savings account (MSA) are not subject to social security, Medicare, or FUTA taxes, or federal income tax withholding if it is reasonable to believe at the time of payment of the contributions they will be excludable from the income of the employee. File a 1040ez To the extent it is not reasonable to believe they will be excludable, your contributions are subject to these taxes. File a 1040ez Employee contributions to their HSAs or MSAs through a payroll deduction plan must be included in wages and are subject to social security, Medicare, and FUTA taxes and income tax withholding. File a 1040ez However, HSA contributions made under a salary reduction arrangement in a section 125 cafeteria plan are not wages and are not subject to employment taxes or withholding. File a 1040ez For more information, see the Instructions for Form 8889, Health Savings Accounts (HSAs). File a 1040ez Medical care reimbursements. File a 1040ez   Generally, medical care reimbursements paid for an employee under an employer's self-insured medical reimbursement plan are not wages and are not subject to social security, Medicare, and FUTA taxes, or income tax withholding. File a 1040ez See Publication 15-B for an exception for highly compensated employees. File a 1040ez Differential wage payments. File a 1040ez   Differential wage payments are any payments made by an employer to an individual for a period during which the individual is performing service in the uniformed services while on active duty for a period of more than 30 days and represent all or a portion of the wages the individual would have received from the employer if the individual were performing services for the employer. File a 1040ez   Differential wage payments are wages for income tax withholding, but are not subject to social security, Medicare, or FUTA taxes. File a 1040ez Employers should report differential wage payments in box 1 of Form W-2. File a 1040ez For more information about the tax treatment of differential wage payments, visit IRS. File a 1040ez gov and enter “employees in a combat zone” in the search box. File a 1040ez Fringe benefits. File a 1040ez   You generally must include fringe benefits in an employee's gross income (but see Nontaxable fringe benefits next). File a 1040ez The benefits are subject to income tax withholding and employment taxes. File a 1040ez Fringe benefits include cars you provide, flights on aircraft you provide, free or discounted commercial flights, vacations, discounts on property or services, memberships in country clubs or other social clubs, and tickets to entertainment or sporting events. File a 1040ez In general, the amount you must include is the amount by which the fair market value of the benefits is more than the sum of what the employee paid for it plus any amount the law excludes. File a 1040ez There are other special rules you and your employees may use to value certain fringe benefits. File a 1040ez See Publication 15-B for more information. File a 1040ez Nontaxable fringe benefits. File a 1040ez   Some fringe benefits are not taxable (or are minimally taxable) if certain conditions are met. File a 1040ez See Publication 15-B for details. File a 1040ez The following are some examples of nontaxable fringe benefits. File a 1040ez Services provided to your employees at no additional cost to you. File a 1040ez Qualified employee discounts. File a 1040ez Working condition fringes that are property or services the employee could deduct as a business expense if he or she had paid for it. File a 1040ez Examples include a company car for business use and subscriptions to business magazines. File a 1040ez Certain minimal value fringes (including an occasional cab ride when an employee must work overtime and meals you provide at eating places you run for your employees if the meals are not furnished at below cost). File a 1040ez Qualified transportation fringes subject to specified conditions and dollar limitations (including transportation in a commuter highway vehicle, any transit pass, and qualified parking). File a 1040ez Qualified moving expense reimbursement. File a 1040ez See Moving expenses , earlier in this section, for details. File a 1040ez The use of on-premises athletic facilities, if substantially all of the use is by employees, their spouses, and their dependent children. File a 1040ez Qualified tuition reduction an educational organization provides to its employees for education. File a 1040ez For more information, see Publication 970, Tax Benefits for Education. File a 1040ez Employer-provided cell phones provided primarily for a noncompensatory business reason. File a 1040ez   However, do not exclude the following fringe benefits from the income of highly compensated employees unless the benefit is available to other employees on a nondiscriminatory basis. File a 1040ez No-additional-cost services. File a 1040ez Qualified employee discounts. File a 1040ez Meals provided at an employer operated eating facility. File a 1040ez Reduced tuition for education. File a 1040ez  For more information, including the definition of a highly compensated employee, see Publication 15-B. File a 1040ez When fringe benefits are treated as paid. File a 1040ez   You may choose to treat certain noncash fringe benefits as paid by the pay period, by the quarter, or on any other basis you choose as long as you treat the benefits as paid at least once a year. File a 1040ez You do not have to make a formal choice of payment dates or notify the IRS of the dates you choose. File a 1040ez You do not have to make this choice for all employees. File a 1040ez You may change methods as often as you like, as long as you treat all benefits provided in a calendar year as paid by December 31 of the calendar year. File a 1040ez See Publication 15-B for more information, including a discussion of the special accounting rule for fringe benefits provided during November and December. File a 1040ez Valuation of fringe benefits. File a 1040ez   Generally, you must determine the value of fringe benefits no later than January 31 of the next year. File a 1040ez Before January 31, you may reasonably estimate the value of the fringe benefits for purposes of withholding and depositing on time. File a 1040ez Withholding on fringe benefits. File a 1040ez   You may add the value of fringe benefits to regular wages for a payroll period and figure withholding taxes on the total, or you may withhold federal income tax on the value of the fringe benefits at the optional flat 25% supplemental wage rate. File a 1040ez However, see Withholding on supplemental wages when an employee receives more than $1 million of supplemental wages during the calendar year in section 7. File a 1040ez   You may choose not to withhold income tax on the value of an employee's personal use of a vehicle you provide. File a 1040ez You must, however, withhold social security and Medicare taxes on the use of the vehicle. File a 1040ez See Publication 15-B for more information on this election. File a 1040ez Depositing taxes on fringe benefits. File a 1040ez   Once you choose when fringe benefits are paid, you must deposit taxes in the same deposit period you treat the fringe benefits as paid. File a 1040ez To avoid a penalty, deposit the taxes following the general deposit rules for that deposit period. File a 1040ez   If you determine by January 31 you overestimated the value of a fringe benefit at the time you withheld and deposited for it, you may claim a refund for the overpayment or have it applied to your next employment tax return. File a 1040ez See Valuation of fringe benefits , earlier. File a 1040ez If you underestimated the value and deposited too little, you may be subject to a failure-to-deposit penalty. File a 1040ez See section 11 for information on deposit penalties. File a 1040ez   If you deposited the required amount of taxes but withheld a lesser amount from the employee, you can recover from the employee the social security, Medicare, or income taxes you deposited on his or her behalf, and included in the employee's Form W-2. File a 1040ez However, you must recover the income taxes before April 1 of the following year. File a 1040ez Sick pay. File a 1040ez   In general, sick pay is any amount you pay under a plan to an employee who is unable to work because of sickness or injury. File a 1040ez These amounts are sometimes paid by a third party, such as an insurance company or an employees' trust. File a 1040ez In either case, these payments are subject to social security, Medicare, and FUTA taxes. File a 1040ez Sick pay becomes exempt from these taxes after the end of 6 calendar months after the calendar month the employee last worked for the employer. File a 1040ez The payments are always subject to federal income tax. File a 1040ez See Publication 15-A for more information. File a 1040ez 6. File a 1040ez Tips Tips your employee receives from customers are generally subject to withholding. File a 1040ez Your employee must report cash tips to you by the 10th of the month after the month the tips are received. File a 1040ez The report should include tips you paid over to the employee for charge customers, tips the employee received directly from customers, and tips received from other employees under any tip-sharing arrangement. File a 1040ez Both directly and indirectly tipped employees must report tips to you. File a 1040ez No report is required for months when tips are less than $20. File a 1040ez Your employee reports the tips on Form 4070, Employee's Report of Tips to Employer, or on a similar statement. File a 1040ez The statement must be signed by the employee and must include: The employee's name, address, and SSN, Your name and address, The month or period the report covers, and The total of tips received during the month or period. File a 1040ez Both Forms 4070 and 4070-A, Employee's Daily Record of Tips, are included in Publication 1244, Employee's Daily Record of Tips and Report to Employer. File a 1040ez You are permitted to establish a system for electronic tip reporting by employees. File a 1040ez See Regulations section 31. File a 1040ez 6053-1(d). File a 1040ez Collecting taxes on tips. File a 1040ez   You must collect income tax, employee social security tax, and employee Medicare tax on the employee's tips. File a 1040ez The withholding rules for withholding an employee's share of Medicare tax on tips also apply to withholding the Additional Medicare Tax once wages and tips exceed $200,000 in the calendar year. File a 1040ez If an employee reports to you in writing $20 or more of tips in a month, the tips are also subject to FUTA tax. File a 1040ez   You can collect these taxes from the employee's wages or from other funds he or she makes available. File a 1040ez See Tips treated as supplemental wages in section 7 for more information. File a 1040ez Stop collecting the employee social security tax when his or her wages and tips for tax year 2014 reach $117,000; collect the income and employee Medicare taxes for the whole year on all wages and tips. File a 1040ez You are responsible for the employer social security tax on wages and tips until the wages (including tips) reach the limit. File a 1040ez You are responsible for the employer Medicare tax for the whole year on all wages and tips. File a 1040ez File Form 941 or Form 944 to report withholding and employment taxes on tips. File a 1040ez Ordering rule. File a 1040ez   If, by the 10th of the month after the month for which you received an employee's report on tips, you do not have enough employee funds available to deduct the employee tax, you no longer have to collect it. File a 1040ez If there are not enough funds available, withhold taxes in the following order. File a 1040ez Withhold on regular wages and other compensation. File a 1040ez Withhold social security and Medicare taxes on tips. File a 1040ez Withhold income tax on tips. File a 1040ez Reporting tips. File a 1040ez   Report tips and any collected and uncollected social security and Medicare taxes on Form W-2 and on Form 941, lines 5b, 5c, and 5d (Form 944, lines 4b, 4c, and 4d). File a 1040ez Report an adjustment on Form 941, line 9 (Form 944, line 6), for the uncollected social security and Medicare taxes. File a 1040ez Enter the amount of uncollected social security tax and Medicare tax on Form W-2, box 12, with codes “A” and “B. File a 1040ez ” Do not include any uncollected Additional Medicare Tax in box 12 of Form W-2. File a 1040ez See section 13 and the General Instructions for Forms W-2 and W-3. File a 1040ez   Revenue Ruling 2012-18 provides guidance for employers regarding social security and Medicare taxes imposed on tips, including information on the reporting of the employer share of social security and Medicare taxes under section 3121(q), the difference between tips and service charges, and the section 45B credit. File a 1040ez See Revenue Ruling 2012-18, 2012-26 I. File a 1040ez R. File a 1040ez B. File a 1040ez 1032, available at www. File a 1040ez irs. File a 1040ez gov/irb/2012-26_IRB/ar07. File a 1040ez html. File a 1040ez Allocated tips. File a 1040ez   If you operate a large food or beverage establishment, you must report allocated tips under certain circumstances. File a 1040ez However, do not withhold income, social security, or Medicare taxes on allocated tips. File a 1040ez   A large food or beverage establishment is one that provides food or beverages for consumption on the premises, where tipping is customary, and where there were normally more than 10 employees on a typical business day during the preceding year. File a 1040ez   The tips may be allocated by one of three methods—hours worked, gross receipts, or good faith agreement. File a 1040ez For information about these allocation methods, including the requirement to file Forms 8027 electronically if 250 or more forms are filed, see the Instructions for Form 8027. File a 1040ez For information on filing Form 8027 electronically with the IRS, see Publication 1239. File a 1040ez Tip Rate Determination and Education Program. File a 1040ez   Employers may participate in the Tip Rate Determination and Education Program. File a 1040ez The program primarily consists of two voluntary agreements developed to improve tip income reporting by helping taxpayers to understand and meet their tip reporting responsibilities. File a 1040ez The two agreements are the Tip Rate Determination Agreement (TRDA) and the Tip Reporting Alternative Commitment (TRAC). File a 1040ez A tip agreement, the Gaming Industry Tip Compliance Agreement (GITCA), is available for the gaming (casino) industry. File a 1040ez To get more information about TRDA and TRAC agreements, see Publication 3144, Tips on Tips. File a 1040ez Additionally, visit IRS. File a 1040ez gov and enter “MSU tips” in the search box to get more information about GITCA, TRDA, or TRAC agreements. File a 1040ez 7. File a 1040ez Supplemental Wages Supplemental wages are wage payments to an employee that are not regular wages. File a 1040ez They include, but are not limited to, bonuses, commissions, overtime pay, payments for accumulated sick leave, severance pay, awards, prizes, back pay, retroactive pay increases, and payments for nondeductible moving expenses. File a 1040ez Other payments subject to the supplemental wage rules include taxable fringe benefits and expense allowances paid under a nonaccountable plan. File a 1040ez How you withhold on supplemental wages depends on whether the supplemental payment is identified as a separate payment from regular wages. File a 1040ez See Regulations section 31. File a 1040ez 3402(g)-1 for additional guidance for wages paid after January 1, 2007. File a 1040ez Also see Revenue Ruling 2008-29, 2008-24 I. File a 1040ez R. File a 1040ez B. File a 1040ez 1149, available at www. File a 1040ez irs. File a 1040ez gov/irb/2008-24_IRB/ar08. File a 1040ez html. File a 1040ez Withholding on supplemental wages when an employee receives more than $1 million of supplemental wages from you during the calendar year. File a 1040ez   Special rules apply to the extent supplemental wages paid to any one employee during the calendar year exceed $1 million. File a 1040ez If a supplemental wage payment, together with other supplemental wage payments made to the employee during the calendar year, exceeds $1 million, the excess is subject to withholding at 39. File a 1040ez 6% (or the highest rate of income tax for the year). File a 1040ez Withhold using the 39. File a 1040ez 6% rate without regard to the employee's Form W-4. File a 1040ez In determining supplemental wages paid to the employee during the year, include payments from all businesses under common control. File a 1040ez For more information, see Treasury Decision 9276, 2006-37 I. File a 1040ez R. File a 1040ez B. File a 1040ez 423, available at www. File a 1040ez irs. File a 1040ez gov/irb/2006-37_IRB/ar09. File a 1040ez html. File a 1040ez Withholding on supplemental wage payments to an employee who does not receive $1 million of supplemental wages during the calendar year. File a 1040ez   If the supplemental wages paid to the employee during the calendar year are less than or equal to $1 million, the following rules apply in determining the amount of income tax to be withheld. File a 1040ez Supplemental wages combined with regular wages. File a 1040ez   If you pay supplemental wages with regular wages but do not specify the amount of each, withhold federal income tax as if the total were a single payment for a regular payroll period. File a 1040ez Supplemental wages identified separately from regular wages. File a 1040ez   If you pay supplemental wages separately (or combine them in a single payment and specify the amount of each), the federal income tax withholding method depends partly on whether you withhold income tax from your employee's regular wages. File a 1040ez If you withheld income tax from an employee's regular wages in the current or immediately preceding calendar year, you can use one of the following methods for the supplemental wages. File a 1040ez Withhold a flat 25% (no other percentage allowed). File a 1040ez If the supplemental wages are paid concurrently with regular wages, add the supplemental wages to the concurrently paid regular wages. File a 1040ez If there are no concurrently paid regular wages, add the supplemental wages to alternatively, either the regular wages paid or to be paid for the current payroll period or the regular wages paid for the preceding payroll period. File a 1040ez Figure the income tax withholding as if the total of the regular wages and supplemental wages is a single payment. File a 1040ez Subtract the tax withheld from the regular wages. File a 1040ez Withhold the remaining tax from the supplemental wages. File a 1040ez If there were other payments of supplemental wages paid during the payroll period made before the current payment of supplemental wages, aggregate all the payments of supplemental wages paid during the payroll period with the regular wages paid during the payroll period, calculate the tax on the total, subtract the tax already withheld from the regular wages and the previous supplemental wage payments, and withhold the remaining tax. File a 1040ez If you did not withhold income tax from the employee's regular wages in the current or immediately preceding calendar year, use method 1-b. File a 1040ez This would occur, for example, when the value of the employee's withholding allowances claimed on Form W-4 is more than the wages. File a 1040ez Regardless of the method you use to withhold income tax on supplemental wages, they are subject to social security, Medicare, and FUTA taxes. File a 1040ez Example 1. File a 1040ez You pay John Peters a base salary on the 1st of each month. File a 1040ez He is single and claims one withholding allowance. File a 1040ez In January he is paid $1,000. File a 1040ez Using the wage bracket tables, you withhold $50 from this amount. File a 1040ez In February, he receives salary of $1,000 plus a commission of $2,000, which you combine with regular wages and do not separately identify. File a 1040ez You figure the withholding based on the total of $3,000. File a 1040ez The correct withholding from the tables is $338. File a 1040ez Example 2. File a 1040ez You pay Sharon Warren a base salary on the 1st of each month. File a 1040ez She is single and claims one allowance. File a 1040ez Her May 1 pay is $2,000. File a 1040ez Using the wage bracket tables, you withhold $188. File a 1040ez On May 14 she receives a bonus of $1,000. File a 1040ez Electing to use supplemental wage withholding method 1-b, you: Add the bonus amount to the amount of wages from the most recent base salary pay date (May 1) ($2,000 + $1,000 = $3,000). File a 1040ez Determine the amount of withholding on the combined $3,000 amount to be $338 using the wage bracket tables. File a 1040ez Subtract the amount withheld from wages on the most recent base salary pay date (May 1) from the combined withholding amount ($338 – $188 = $150). File a 1040ez Withhold $150 from the bonus payment. File a 1040ez Example 3. File a 1040ez The facts are the same as in Example 2, except you elect to use the flat rate method of withholding on the bonus. File a 1040ez You withhold 25% of $1,000, or $250, from Sharon's bonus payment. File a 1040ez Example 4. File a 1040ez The facts are the same as in Example 2, except you elect to pay Sharon a second bonus of $2,000 on May 28. File a 1040ez Using supplemental wage withholding method 1-b, you: Add the first and second bonus amounts to the amount of wages from the most recent base salary pay date (May 1) ($2,000 + $1,000 + $2,000 = $5,000). File a 1040ez Determine the amount of withholding on the combined $5,000 amount to be $781 using the wage bracket tables. File a 1040ez Subtract the amounts withheld from wages on the most recent base salary pay date (May 1) and the amounts withheld from the first bonus payment from the combined withholding amount ($781 – $188 – $150 = $443). File a 1040ez Withhold $443 from the second bonus payment. File a 1040ez Tips treated as supplemental wages. File a 1040ez   Withhold income tax on tips from wages earned by the employee or from other funds the employee makes available. File a 1040ez If an employee receives regular wages and reports tips, figure income tax withholding as if the tips were supplemental wages. File a 1040ez If you have not withheld income tax from the regular wages, add the tips to the regular wages. File a 1040ez Then withhold income tax on the total. File a 1040ez If you withheld income tax from the regular wages, you can withhold on the tips by method 1-a or 1-b discussed earlier in this section under Supplemental wages identified separately from regular wages. File a 1040ez Vacation pay. File a 1040ez   Vacation pay is subject to withholding as if it were a regular wage payment. File a 1040ez When vacation pay is in addition to regular wages for the vacation period, treat it as a supplemental wage payment. File a 1040ez If the vacation pay is for a time longer than your usual payroll period, spread it over the pay periods for which you pay it. File a 1040ez 8. File a 1040ez Payroll Period Your payroll period is a period of service for which you usually pay wages. File a 1040ez When you have a regular payroll period, withhold income tax for that time period even if your employee does not work the full period. File a 1040ez No regular payroll period. File a 1040ez   When you do not have a regular payroll period, withhold the tax as if you paid wages for a daily or miscellaneous payroll period. File a 1040ez Figure the number of days (including Sundays and holidays) in the period covered by the wage payment. File a 1040ez If the wages are unrelated to a specific length of time (for example, commissions paid on completion of a sale), count back the number of days from the payment period to the latest of: The last wage payment made during the same calendar year, The date employment began, if during the same calendar year, or January 1 of the same year. File a 1040ez Employee paid for period less than 1 week. File a 1040ez   When you pay an employee for a period of less than one week, and the employee signs a statement under penalties of perjury indicating he or she is not working for any other employer during the same week for wages subject to withholding, figure withholding based on a weekly payroll period. File a 1040ez If the employee later begins to work for another employer for wages subject to withholding, the employee must notify you within 10 days. File a 1040ez You then figure withholding based on the daily or miscellaneous period. File a 1040ez 9. File a 1040ez Withholding From Employees' Wages Income Tax Withholding Using Form W-4 to figure withholding. File a 1040ez   To know how much federal income tax to withhold from employees' wages, you should have a Form W-4 on file for each employee. File a 1040ez Encourage your employees to file an updated Form W-4 for 2014, especially if they owed taxes or received a large refund when filing their 2013 tax return. File a 1040ez Advise your employees to use the IRS Withholding Calculator on the IRS website at www. File a 1040ez irs. File a 1040ez gov/individuals for help in determining how many withholding allowances to claim on their Forms W-4. File a 1040ez   Ask all new employees to give you a signed Form W-4 when they start work. File a 1040ez Make the form effective with the first wage payment. File a 1040ez If a new employee does not give you a completed Form W-4, withhold income tax as if he or she is single, with no withholding allowances. File a 1040ez Form in Spanish. File a 1040ez   You can provide Formulario W-4(SP), Certificado de Exención de Retenciones del Empleado, in place of Form W-4, to your Spanish-speaking employees. File a 1040ez For more information, see Publicación 17(SP), El Impuesto Federal sobre los Ingresos (Para Personas Físicas). File a 1040ez The rules discussed in this section that apply to Form W-4 also apply to Formulario W-4(SP). File a 1040ez Electronic system to receive Form W-4. File a 1040ez   You may establish a system to electronically receive Forms W-4 from your employees. File a 1040ez See Regulations section 31. File a 1040ez 3402(f)(5)-1(c) for more information. File a 1040ez Effective date of Form W-4. File a 1040ez   A Form W-4 remains in effect until the employee gives you a new one. File a 1040ez When you receive a new Form W-4 from an employee, do not adjust withholding for pay periods before the effective date of the new form. File a 1040ez If an employee gives you a Form W-4 that replaces an existing Form W-4, begin withholding no later than the start of the first payroll period ending on or after the 30th day from the date when you received the replacement Form W-4. File a 1040ez For exceptions, see Exemption from federal income tax withholding , IRS review of requested Forms W-4 , and Invalid Forms W-4 , later in this section. File a 1040ez A Form W-4 that makes a change for the next calendar year will not take effect in the current calendar year. File a 1040ez Successor employer. File a 1040ez   If you are a successor employer (see Successor employer , later in this section), secure new Forms W-4 from the transferred employees unless the “Alternative Procedure” in section 5 of Revenue Procedure 2004-53 applies. File a 1040ez See Revenue Procedure 2004-53, 2004-34 I. File a 1040ez R. File a 1040ez B. File a 1040ez 320, available at www. File a 1040ez irs. File a 1040ez gov/irb/2004-34_IRB/ar13. File a 1040ez html. File a 1040ez Completing Form W-4. File a 1040ez   The amount of any federal income tax withholding must be based on marital status and withholding allowances. File a 1040ez Your employees may not base their withholding amounts on a fixed dollar amount or percentage. File a 1040ez However, an employee may specify a dollar amount to be withheld in addition to the amount of withholding based on filing status and withholding allowances claimed on Form W-4. File a 1040ez Employees may claim fewer withholding allowances than they are entitled to claim. File a 1040ez They may wish to claim fewer allowances to ensure they have enough withholding or to offset the tax on other sources of taxable income not subject to withholding. File a 1040ez See Publication 505, Tax Withholding and Estimated Tax, for more information about completing Form W-4. File a 1040ez Along with Form W-4, you may wish to order Publication 505 for use by your employees. File a 1040ez Do not accept any withholding or estimated tax payments from your employees in addition to withholding based on their Form W-4. File a 1040ez If they require additional withholding, they should submit a new Form W-4 and, if necessary, pay estimated tax by filing Form 1040-ES, Estimated Tax for Individuals, or by using the Electronic Federal Tax Payment System (EFTPS) to make estimated tax payments. File a 1040ez Exemption from federal income tax withholding. File a 1040ez   Generally, an employee may claim exemption from federal income tax withholding because he or she had no income tax liability last year and expects none this year. File a 1040ez See the Form W-4 instructions for more information. File a 1040ez However, the wages are still subject to social security and Medicare taxes. File a 1040ez See also Invalid Forms W-4 , later in this section. File a 1040ez   A Form W-4 claiming exemption from withholding is effective when it is filed with the employer and only for that calendar year. File a 1040ez To continue to be exempt from withholding in the next calendar year, an employee must give you a new Form W-4 by February 15. File a 1040ez If the employee does not give you a new Form W-4 by February 15, begin withholding based on the last Form W-4 for the employee that did not claim an exemption from withholding or, if one was not filed, then withhold tax as if he or she is single with zero withholding allowances. File a 1040ez If the employee provides a new Form W-4 claiming exemption from withholding on February 16 or later, you may apply it to future wages but do not refund any taxes already withheld. File a 1040ez Withholding income taxes on the wages of nonresident alien employees. File a 1040ez   In general, you must withhold federal income taxes on the wages of nonresident alien employees. File a 1040ez However, see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities, for exceptions to this general rule. File a 1040ez Also see section 3 of Publication 51 (Circular A), Agricultural Employer's Tax Guide, for guidance on H-2A visa workers. File a 1040ez Withholding adjustment for nonresident alien employees. File a 1040ez   For 2014, apply the procedure discussed next to figure the amount of income tax to withhold from the wages of nonresident alien employees performing services within the United States. File a 1040ez Nonresident alien students from India and business apprentices from India are not subject to this procedure. File a 1040ez Instructions. File a 1040ez   To figure how much income tax to withhold from the wages paid to a nonresident alien employee performing services in the United States, use the following steps. File a 1040ez Step 1. File a 1040ez   Add to the wages paid to the nonresident alien employee for the payroll period the amount shown in the chart below for the applicable payroll period. File a 1040ez    Amount to Add to Nonresident Alien Employee's Wages for Calculating Income Tax Withholding Only   Payroll Period Add Additional     Weekly $ 43. File a 1040ez 30     Biweekly 86. File a 1040ez 50     Semimonthly 93. File a 1040ez 80     Monthly 187. File a 1040ez 50     Quarterly 562. File a 1040ez 50     Semiannually 1,125. File a 1040ez 00     Annually 2,250. File a 1040ez 00     Daily or Miscellaneous (each day of the payroll period) 8. File a 1040ez 70   Step 2. File a 1040ez   Use the amount figured in Step 1 and the number of withholding allowances claimed (generally limited to one allowance) to figure income tax withholding. File a 1040ez Determine the value of withholding allowances by multiplying the number of withholding allowances claimed by the appropriate amount from Table 5. File a 1040ez Percentage Method—2014 Amount for One Withholding Allowance shown on page 41. File a 1040ez If you are using the Percentage Method Tables for Income Tax Withholding, provided on pages 43–44, reduce the amount figured in Step 1 by the value of withholding allowances and use that reduced amount to figure the income tax withholding. File a 1040ez If you are using the Wage Bracket Method for Income Tax Withholding, provided on pages 45–64, use the amount figured in Step 1 and the number of withholding allowances to figure income tax withholding. File a 1040ez The amounts from the chart above are added to wages solely for calculating income tax withholding on the wages of the nonresident alien employee. File a 1040ez The amounts from the chart should not be included in any box on the employee's Form W-2 and do not increase the income tax liability of the employee. File a 1040ez Also, the amounts from the chart do not increase the social security tax or Medicare tax liability of the employer or the employee, or the FUTA tax liability of the employer. File a 1040ez This procedure only applies to nonresident alien employees who have wages subject to income tax withholding. File a 1040ez Example. File a 1040ez An employer using the percentage method of withholding pays wages of $500 for a biweekly payroll period to a married nonresident alien employee. File a 1040ez The nonresident alien has properly completed Form W-4, entering marital status as “single” with one withholding allowance and indicating status as a nonresident alien on Form W-4, line 6 (see Nonresident alien employee's Form W-4 , later in this section). File a 1040ez The employer determines the wages to be used in the withholding tables by adding to the $500 amount of wages paid the amount of $86. File a 1040ez 50 from the chart under Step 1 ($586. File a 1040ez 50 total). File a 1040ez The employer then applies the applicable tables to determine the income tax withholding for nonresident aliens (see Step 2 ). File a 1040ez Reminder: If you use the Percentage Method Tables for Income Tax Withholding, reduce the amount figured in Step 1 by the value of withholding allowances and use that reduced amount to figure income tax withholding. File a 1040ez The $86. File a 1040ez 50 added to wages for calculating income tax withholding is not reported on Form W-2, and does not increase the income tax liability of the employee. File a 1040ez Also, the $86. File a 1040ez 50 added to wages does not affect the social security tax or Medicare tax liability of the employer or the employee, or the FUTA tax liability of the employer. File a 1040ez Supplemental wage payment. File a 1040ez   This procedure for determining the amount of income tax withholding does not apply to a supplemental wage payment (see section 7) if the 39. File a 1040ez 6% mandatory flat rate withholding applies or if the 25% optional flat rate withholding is being used to calculate income tax withholding on the supplemental wage payment. File a 1040ez Nonresident alien employee's Form W-4. File a 1040ez   When completing Forms W-4, nonresident aliens are required to: Not claim exemption from income tax withholding, Request withholding as if they are single, regardless of their actual marital status, Claim only one allowance (if the nonresident alien is a resident of Canada, Mexico, or South Korea, or a student or business apprentice from India, he or she may claim more than one allowance), and Write “Nonresident Alien” or “NRA” above the dotted line on line 6 of Form W-4. File a 1040ez   If you maintain an electronic Form W-4 system, you should provide a field for nonresident aliens to enter nonresident alien status in lieu of writing “Nonresident Alien” or “NRA” above the dotted line on line 6. File a 1040ez A nonresident alien employee may request additional withholding at his or her option for other purposes, although such additions should not be necessary for withholding to cover federal income tax liability related to employment. File a 1040ez Form 8233. File a 1040ez   If a nonresident alien employee claims a tax treaty exemption from withholding, the employee must submit Form 8233, Exemption From Withholding on Compensation for Independent (and Certain Dependent) Personal Services of a Nonresident Alien Individual, with respect to the income exempt under the treaty, instead of Form W-4. File a 1040ez See Publication 515 for details. File a 1040ez IRS review of requested Forms W-4. File a 1040ez   When requested by the IRS, you must make original Forms W-4 available for inspection by an IRS employee. File a 1040ez You may also be directed to send certain Forms W-4 to the IRS. File a 1040ez You may receive a notice from the IRS requiring you to submit a copy of Form W-4 for one or more of your named employees. File a 1040ez Send the requested copy or copies of Form W-4 to the IRS at the address provided and in the manner directed by the notice. File a 1040ez The IRS may also require you to submit copies of Form W-4 to the IRS as directed by Treasury Decision 9337, 2007-35 I. File a 1040ez R. File a 1040ez B. File a 1040ez 455, which is available at www. File a 1040ez irs. File a 1040ez gov/irb/2007-35_IRB/ar10. File a 1040ez html. File a 1040ez When we refer to Form W-4, the same rules apply to Formulario W-4(SP), its Spanish translation. File a 1040ez After submitting a copy of a requested Form W-4 to the IRS, continue to withhold federal income tax based on that Form W-4 if it is valid (see Invalid Forms W-4 , later in this section). File a 1040ez However, if the IRS later notifies you in writing the employee is not entitled to claim exemption from withholding or a claimed number of withholding allowances, withhold federal income tax based on the effective date, marital status, and maximum number of withholding allowances specified in the IRS notice (commonly referred to as a "lock-in letter