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H&r Block Online Taxes

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H&r Block Online Taxes

H&r block online taxes Publication 15-A - Main Content Table of Contents 1. H&r block online taxes Who Are Employees?Independent Contractors Common-Law Employees Statutory Employees Statutory Nonemployees Misclassification of Employees 2. H&r block online taxes Employee or Independent Contractor?Common-Law Rules Industry Examples 3. H&r block online taxes Employees of Exempt OrganizationsSocial security and Medicare taxes. H&r block online taxes FUTA tax. H&r block online taxes 4. H&r block online taxes Religious Exemptions and Special Rules for MinistersForm W-2. H&r block online taxes Self-employed. H&r block online taxes Employees. H&r block online taxes 5. H&r block online taxes Wages and Other CompensationRelocating for Temporary Work Assignments Employee Achievement Awards Scholarship and Fellowship Payments Outplacement Services Withholding for Idle Time Back Pay Supplemental Unemployment Benefits Golden Parachute Payments Interest-Free and Below-Market-Interest-Rate Loans Leave Sharing Plans Nonqualified Deferred Compensation Plans Tax-Sheltered Annuities Contributions to a Simplified Employee Pension (SEP) SIMPLE Retirement Plans 6. H&r block online taxes Sick Pay ReportingSick Pay Payments That Are Not Sick Pay Sick Pay Plan Third-Party Payers of Sick Pay Social Security, Medicare, and FUTA Taxes on Sick Pay Income Tax Withholding on Sick Pay Depositing and Reporting Example of Figuring and Reporting Sick Pay 7. H&r block online taxes Special Rules for Paying TaxesCommon Paymaster Agents Reporting Agents Employee's Portion of Taxes Paid by Employer International Social Security Agreements 8. H&r block online taxes Pensions and AnnuitiesFederal Income Tax Withholding 9. H&r block online taxes Alternative Methods for Figuring WithholdingTerm of continuous employment. H&r block online taxes Formula Tables for Percentage Method Withholding (for Automated Payroll Systems) Wage Bracket Percentage Method Tables (for Automated Payroll Systems) Combined Federal Income Tax, Employee Social Security Tax, and Employee Medicare Tax Withholding Tables 10. H&r block online taxes Tables for Withholding on Distributions of Indian Gaming Profits to Tribal MembersWithholding Tables How To Get Tax Help 1. H&r block online taxes Who Are Employees? Before you can know how to treat payments that you make to workers for services, you must first know the business relationship that exists between you and the person performing the services. H&r block online taxes The person performing the services may be: An independent contractor, A common-law employee, A statutory employee, or A statutory nonemployee. H&r block online taxes This discussion explains these four categories. H&r block online taxes A later discussion, Employee or Independent Contractor in section 2, points out the differences between an independent contractor and an employee and gives examples from various types of occupations. H&r block online taxes If an individual who works for you is not an employee under the common-law rules (see section 2), you generally do not have to withhold federal income tax from that individual's pay. H&r block online taxes However, in some cases you may be required to withhold under the backup withholding requirements on these payments. H&r block online taxes See Publication 15 (Circular E) for information on backup withholding. H&r block online taxes Independent Contractors People such as doctors, veterinarians, and auctioneers who follow an independent trade, business, or profession in which they offer their services to the public, are generally not employees. H&r block online taxes However, whether such people are employees or independent contractors depends on the facts in each case. H&r block online taxes The general rule is that an individual is an independent contractor if you, the person for whom the services are performed, have the right to control or direct only the result of the work and not the means and methods of accomplishing the result. H&r block online taxes Common-Law Employees Under common-law rules, anyone who performs services for you is generally your employee if you have the right to control what will be done and how it will be done. H&r block online taxes This is so even when you give the employee freedom of action. H&r block online taxes What matters is that you have the right to control the details of how the services are performed. H&r block online taxes For a discussion of facts that indicate whether an individual providing services is an independent contractor or employee, see section 2. H&r block online taxes If you have an employer-employee relationship, it makes no difference how it is labeled. H&r block online taxes The substance of the relationship, not the label, governs the worker's status. H&r block online taxes It does not matter whether the individual is employed full time or part time. H&r block online taxes For employment tax purposes, no distinction is made between classes of employees. H&r block online taxes Superintendents, managers, and other supervisory personnel are all employees. H&r block online taxes An officer of a corporation is generally an employee; however, an officer who performs no services or only minor services, and neither receives nor is entitled to receive any pay, is not considered an employee. H&r block online taxes A director of a corporation is not an employee with respect to services performed as a director. H&r block online taxes You generally have to withhold and pay income, social security, and Medicare taxes on wages that you pay to common-law employees. H&r block online taxes However, the wages of certain employees may be exempt from one or more of these taxes. H&r block online taxes See Employees of Exempt Organizations (section 3) and Religious Exemptions and Special Rules for Ministers (section 4). H&r block online taxes Leased employees. H&r block online taxes   Under certain circumstances, a firm that furnishes workers to other firms is the employer of those workers for employment tax purposes. H&r block online taxes For example, a temporary staffing service may provide the services of secretaries, nurses, and other similarly trained workers to its clients on a temporary basis. H&r block online taxes   The staffing service enters into contracts with the clients under which the clients specify the services to be provided and a fee is paid to the staffing service for each individual furnished. H&r block online taxes The staffing service has the right to control and direct the worker's services for the client, including the right to discharge or reassign the worker. H&r block online taxes The staffing service hires the workers, controls the payment of their wages, provides them with unemployment insurance and other benefits, and is the employer for employment tax purposes. H&r block online taxes For information on employee leasing as it relates to pension plan qualification requirements, see Leased employee in Publication 560, Retirement Plans for Small Business. H&r block online taxes Additional information. H&r block online taxes   For more information about the treatment of special types of employment, the treatment of special types of payments, and similar subjects, see Publication 15 (Circular E) or Publication 51 (Circular A), Agricultural Employer's Tax Guide. H&r block online taxes Statutory Employees If workers are independent contractors under the common law rules, such workers may nevertheless be treated as employees by statute, (also known as “statutory employees”) for certain employment tax purposes. H&r block online taxes This would happen if they fall within any one of the following four categories and meet the three conditions described next under Social security and Medicare taxes . H&r block online taxes A driver who distributes beverages (other than milk) or meat, vegetable, fruit, or bakery products; or who picks up and delivers laundry or dry cleaning, if the driver is your agent or is paid on commission. H&r block online taxes A full-time life insurance sales agent whose principal business activity is selling life insurance or annuity contracts, or both, primarily for one life insurance company. H&r block online taxes An individual who works at home on materials or goods that you supply and that must be returned to you or to a person you name, if you also furnish specifications for the work to be done. H&r block online taxes A full-time traveling or city salesperson who works on your behalf and turns in orders to you from wholesalers, retailers, contractors, or operators of hotels, restaurants, or other similar establishments. H&r block online taxes The goods sold must be merchandise for resale or supplies for use in the buyer's business operation. H&r block online taxes The work performed for you must be the salesperson's principal business activity. H&r block online taxes See Salesperson in section 2. H&r block online taxes Social security and Medicare taxes. H&r block online taxes   You must withhold social security and Medicare taxes from the wages of statutory employees if all three of the following conditions apply. H&r block online taxes The service contract states or implies that substantially all the services are to be performed personally by them. H&r block online taxes They do not have a substantial investment in the equipment and property used to perform the services (other than an investment in facilities for transportation, such as a car or truck). H&r block online taxes The services are performed on a continuing basis for the same payer. H&r block online taxes Federal unemployment (FUTA) tax. H&r block online taxes   For FUTA tax (the unemployment tax paid under the Federal Unemployment Tax Act), the term “employee” means the same as it does for social security and Medicare taxes, except that it does not include statutory employees defined above in categories 2 and 3. H&r block online taxes Any individual who is a statutory employee described above under category 1 or 4 is also an employee for FUTA tax purposes and subject to FUTA tax. H&r block online taxes Income tax. H&r block online taxes   Do not withhold federal income tax from the wages of statutory employees. H&r block online taxes Reporting payments to statutory employees. H&r block online taxes   Furnish Form W-2 to a statutory employee, and check “Statutory employee” in box 13. H&r block online taxes Show your payments to the employee as “other compensation” in box 1. H&r block online taxes Also, show social security wages in box 3, social security tax withheld in box 4, Medicare wages in box 5, and Medicare tax withheld in box 6. H&r block online taxes The statutory employee can deduct his or her trade or business expenses from the payments shown on Form W-2. H&r block online taxes He or she reports earnings as a statutory employee on line 1 of Schedule C (Form 1040), Profit or Loss From Business, or Schedule C-EZ (Form 1040), Net Profit From Business. H&r block online taxes A statutory employee's business expenses are deductible on Schedule C (Form 1040) or C-EZ (Form 1040) and are not subject to the reduction by 2% of his or her adjusted gross income that applies to common-law employees. H&r block online taxes H-2A agricultural workers. H&r block online taxes   On Form W-2, do not check box 13 (Statutory employee), as H-2A workers are not statutory employees. H&r block online taxes Statutory Nonemployees There are three categories of statutory nonemployees: direct sellers, licensed real estate agents, and certain companion sitters. H&r block online taxes Direct sellers and licensed real estate agents are treated as self-employed for all federal tax purposes, including income and employment taxes, if: Substantially all payments for their services as direct sellers or real estate agents are directly related to sales or other output, rather than to the number of hours worked, and Their services are performed under a written contract providing that they will not be treated as employees for federal tax purposes. H&r block online taxes Direct sellers. H&r block online taxes   Direct sellers include persons falling within any of the following three groups. H&r block online taxes Persons engaged in selling (or soliciting the sale of) consumer products in the home or place of business other than in a permanent retail establishment. H&r block online taxes Persons engaged in selling (or soliciting the sale of) consumer products to any buyer on a buy-sell basis, a deposit-commission basis, or any similar basis prescribed by regulations, for resale in the home or at a place of business other than in a permanent retail establishment. H&r block online taxes Persons engaged in the trade or business of delivering or distributing newspapers or shopping news (including any services directly related to such delivery or distribution). H&r block online taxes   Direct selling includes activities of individuals who attempt to increase direct sales activities of their direct sellers and who earn income based on the productivity of their direct sellers. H&r block online taxes Such activities include providing motivation and encouragement; imparting skills, knowledge, or experience; and recruiting. H&r block online taxes Licensed real estate agents. H&r block online taxes   This category includes individuals engaged in appraisal activities for real estate sales if they earn income based on sales or other output. H&r block online taxes Companion sitters. H&r block online taxes   Companion sitters are individuals who furnish personal attendance, companionship, or household care services to children or to individuals who are elderly or disabled. H&r block online taxes A person engaged in the trade or business of putting the sitters in touch with individuals who wish to employ them (that is, a companion sitting placement service) will not be treated as the employer of the sitters if that person does not receive or pay the salary or wages of the sitters and is compensated by the sitters or the persons who employ them on a fee basis. H&r block online taxes Companion sitters who are not employees of a companion sitting placement service are generally treated as self-employed for all federal tax purposes. H&r block online taxes Misclassification of Employees Consequences of treating an employee as an independent contractor. H&r block online taxes   If you classify an employee as an independent contractor and you have no reasonable basis for doing so, you are liable for employment taxes for that worker and the relief provision, discussed next, will not apply. H&r block online taxes See section 2 in Publication 15 (Circular E) for more information. H&r block online taxes Relief provision. H&r block online taxes   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. H&r block online taxes To get this relief, you must file all required federal information returns on a basis consistent with your treatment of the worker. H&r block online taxes You (or your predecessor) must not have treated any worker holding a substantially similar position as an employee for any periods beginning after 1977. H&r block online taxes Technical service specialists. H&r block online taxes   This relief provision does not apply for a technical services specialist you provide to another business under an arrangement between you and the other business. H&r block online taxes A technical service specialist is an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker engaged in a similar line of work. H&r block online taxes   This limit on the application of the rule does not affect the determination of whether such workers are employees under the common-law rules. H&r block online taxes The common-law rules control whether the specialist is treated as an employee or an independent contractor. H&r block online taxes However, if you directly contract with a technical service specialist to provide services for your business and not for another business, you may still be entitled to the relief provision. H&r block online taxes Test proctors and room supervisors. H&r block online taxes   The consistent treatment requirement does not apply to services performed after December 31, 2006, by an individual as a test proctor or room supervisor assisting in the administration of college entrance or placement examinations if the individual: Is performing the services for a section 501(c) organization exempt from tax under section 501(a) of the code, and Is not otherwise treated as an employee of the organization for employment taxes. H&r block online taxes Voluntary Classification Settlement Program (VCSP). H&r block online taxes   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. H&r block online taxes To apply, use Form 8952, Application for Voluntary Classification Settlement Program (VCSP). H&r block online taxes For more information, visit IRS. H&r block online taxes gov and enter “VCSP” in the search box. H&r block online taxes 2. H&r block online taxes Employee or Independent Contractor? An employer must generally withhold federal income taxes, withhold and pay over social security and Medicare taxes, and pay unemployment tax on wages paid to an employee. H&r block online taxes An employer does not generally have to withhold or pay over any federal taxes on payments to independent contractors. H&r block online taxes Common-Law Rules To determine whether an individual is an employee or an independent contractor under the common law, the relationship of the worker and the business must be examined. H&r block online taxes In any employee-independent contractor determination, all information that provides evidence of the degree of control and the degree of independence must be considered. H&r block online taxes Facts that provide evidence of the degree of control and independence fall into three categories: behavioral control, financial control, and the type of relationship of the parties. H&r block online taxes These facts are discussed next. H&r block online taxes Behavioral control. H&r block online taxes   Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired include the type and degree of: Instructions that the business gives to the worker. H&r block online taxes   An employee is generally subject to the business' instructions about when, where, and how to work. H&r block online taxes All of the following are examples of types of instructions about how to do work. H&r block online taxes When and where to do the work. H&r block online taxes What tools or equipment to use. H&r block online taxes What workers to hire or to assist with the work. H&r block online taxes Where to purchase supplies and services. H&r block online taxes What work must be performed by a specified  individual. H&r block online taxes What order or sequence to follow. H&r block online taxes   The amount of instruction needed varies among different jobs. H&r block online taxes Even if no instructions are given, sufficient behavioral control may exist if the employer has the right to control how the work results are achieved. H&r block online taxes A business may lack the knowledge to instruct some highly specialized professionals; in other cases, the task may require little or no instruction. H&r block online taxes The key consideration is whether the business has retained the right to control the details of a worker's performance or instead has given up that right. H&r block online taxes Training that the business gives to the worker. H&r block online taxes   An employee may be trained to perform services in a particular manner. H&r block online taxes Independent contractors ordinarily use their own methods. H&r block online taxes Financial control. H&r block online taxes   Facts that show whether the business has a right to control the business aspects of the worker's job include: The extent to which the worker has unreimbursed business expenses. H&r block online taxes   Independent contractors are more likely to have unreimbursed expenses than are employees. H&r block online taxes Fixed ongoing costs that are incurred regardless of whether work is currently being performed are especially important. H&r block online taxes However, employees may also incur unreimbursed expenses in connection with the services that they perform for their employer. H&r block online taxes The extent of the worker's investment. H&r block online taxes   An independent contractor often has a significant investment in the facilities or tools he or she uses in performing services for someone else. H&r block online taxes However, a significant investment is not necessary for independent contractor status. H&r block online taxes The extent to which the worker makes his or her services available to the relevant market. H&r block online taxes   An independent contractor is generally free to seek out business opportunities. H&r block online taxes Independent contractors often advertise, maintain a visible business location, and are available to work in the relevant market. H&r block online taxes How the business pays the worker. H&r block online taxes   An employee is generally guaranteed a regular wage amount for an hourly, weekly, or other period of time. H&r block online taxes This usually indicates that a worker is an employee, even when the wage or salary is supplemented by a commission. H&r block online taxes An independent contractor is often paid a flat fee or on a time and materials basis for the job. H&r block online taxes However, it is common in some professions, such as law, to pay independent contractors hourly. H&r block online taxes The extent to which the worker can realize a profit or loss. H&r block online taxes   An independent contractor can make a profit or loss. H&r block online taxes Type of relationship. H&r block online taxes   Facts that show the parties' type of relationship include: Written contracts describing the relationship the parties intended to create. H&r block online taxes Whether or not the business provides the worker with employee-type benefits, such as insurance, a pension plan, vacation pay, or sick pay. H&r block online taxes The permanency of the relationship. H&r block online taxes If you engage a worker with the expectation that the relationship will continue indefinitely, rather than for a specific project or period, this is generally considered evidence that your intent was to create an employer-employee relationship. H&r block online taxes The extent to which services performed by the worker are a key aspect of the regular business of the company. H&r block online taxes If a worker provides services that are a key aspect of your regular business activity, it is more likely that you will have the right to direct and control his or her activities. H&r block online taxes For example, if a law firm hires an attorney, it is likely that it will present the attorney's work as its own and would have the right to control or direct that work. H&r block online taxes This would indicate an employer-employee relationship. H&r block online taxes IRS help. H&r block online taxes   If you want the IRS to determine whether or not a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding, with the IRS. H&r block online taxes Industry Examples The following examples may help you properly classify your workers. H&r block online taxes Building and Construction Industry Example 1. H&r block online taxes Jerry Jones has an agreement with Wilma White to supervise the remodeling of her house. H&r block online taxes She did not advance funds to help him carry on the work. H&r block online taxes She makes direct payments to the suppliers for all necessary materials. H&r block online taxes She carries liability and workers' compensation insurance covering Jerry and others that he engaged to assist him. H&r block online taxes She pays them an hourly rate and exercises almost constant supervision over the work. H&r block online taxes Jerry is not free to transfer his assistants to other jobs. H&r block online taxes He may not work on other jobs while working for Wilma. H&r block online taxes He assumes no responsibility to complete the work and will incur no contractual liability if he fails to do so. H&r block online taxes He and his assistants perform personal services for hourly wages. H&r block online taxes Jerry Jones and his assistants are employees of Wilma White. H&r block online taxes Example 2. H&r block online taxes Milton Manning, an experienced tile setter, orally agreed with a corporation to perform full-time services at construction sites. H&r block online taxes He uses his own tools and performs services in the order designated by the corporation and according to its specifications. H&r block online taxes The corporation supplies all materials, makes frequent inspections of his work, pays him on a piecework basis, and carries workers' compensation insurance on him. H&r block online taxes He does not have a place of business or hold himself out to perform similar services for others. H&r block online taxes Either party can end the services at any time. H&r block online taxes Milton Manning is an employee of the corporation. H&r block online taxes Example 3. H&r block online taxes Wallace Black agreed with the Sawdust Co. H&r block online taxes to supply the construction labor for a group of houses. H&r block online taxes The company agreed to pay all construction costs. H&r block online taxes However, he supplies all the tools and equipment. H&r block online taxes He performs personal services as a carpenter and mechanic for an hourly wage. H&r block online taxes He also acts as superintendent and foreman and engages other individuals to assist him. H&r block online taxes The company has the right to select, approve, or discharge any helper. H&r block online taxes A company representative makes frequent inspections of the construction site. H&r block online taxes When a house is finished, Wallace is paid a certain percentage of its costs. H&r block online taxes He is not responsible for faults, defects of construction, or wasteful operation. H&r block online taxes At the end of each week, he presents the company with a statement of the amount that he has spent, including the payroll. H&r block online taxes The company gives him a check for that amount from which he pays the assistants, although he is not personally liable for their wages. H&r block online taxes Wallace Black and his assistants are employees of the Sawdust Co. H&r block online taxes Example 4. H&r block online taxes Bill Plum contracted with Elm Corporation to complete the roofing on a housing complex. H&r block online taxes A signed contract established a flat amount for the services rendered by Bill Plum. H&r block online taxes Bill is a licensed roofer and carries workers' compensation and liability insurance under the business name, Plum Roofing. H&r block online taxes He hires his own roofers who are treated as employees for federal employment tax purposes. H&r block online taxes If there is a problem with the roofing work, Plum Roofing is responsible for paying for any repairs. H&r block online taxes Bill Plum, doing business as Plum Roofing, is an independent contractor. H&r block online taxes Example 5. H&r block online taxes Vera Elm, an electrician, submitted a job estimate to a housing complex for electrical work at $16 per hour for 400 hours. H&r block online taxes She is to receive $1,280 every 2 weeks for the next 10 weeks. H&r block online taxes This is not considered payment by the hour. H&r block online taxes Even if she works more or less than 400 hours to complete the work, Vera Elm will receive $6,400. H&r block online taxes She also performs additional electrical installations under contracts with other companies, that she obtained through advertisements. H&r block online taxes Vera is an independent contractor. H&r block online taxes Trucking Industry Example. H&r block online taxes Rose Trucking contracts to deliver material for Forest, Inc. H&r block online taxes , at $140 per ton. H&r block online taxes Rose Trucking is not paid for any articles that are not delivered. H&r block online taxes At times, Jan Rose, who operates as Rose Trucking, may also lease another truck and engage a driver to complete the contract. H&r block online taxes All operating expenses, including insurance coverage, are paid by Jan Rose. H&r block online taxes All equipment is owned or rented by Jan and she is responsible for all maintenance. H&r block online taxes None of the drivers are provided by Forest, Inc. H&r block online taxes Jan Rose, operating as Rose Trucking, is an independent contractor. H&r block online taxes Computer Industry Example. H&r block online taxes Steve Smith, a computer programmer, is laid off when Megabyte, Inc. H&r block online taxes , downsizes. H&r block online taxes Megabyte agrees to pay Steve a flat amount to complete a one-time project to create a certain product. H&r block online taxes It is not clear how long that it will take to complete the project, and Steve is not guaranteed any minimum payment for the hours spent on the program. H&r block online taxes Megabyte provides Steve with no instructions beyond the specifications for the product itself. H&r block online taxes Steve and Megabyte have a written contract, which provides that Steve is considered to be an independent contractor, is required to pay federal and state taxes, and receives no benefits from Megabyte. H&r block online taxes Megabyte will file Form 1099-MISC, Miscellaneous Income, to report the amount paid to Steve. H&r block online taxes Steve works at home and is not expected or allowed to attend meetings of the software development group. H&r block online taxes Steve is an independent contractor. H&r block online taxes Automobile Industry Example 1. H&r block online taxes Donna Lee is a salesperson employed on a full-time basis by Bob Blue, an auto dealer. H&r block online taxes She works six days a week and is on duty in Bob's showroom on certain assigned days and times. H&r block online taxes She appraises trade-ins, but her appraisals are subject to the sales manager's approval. H&r block online taxes Lists of prospective customers belong to the dealer. H&r block online taxes She is required to develop leads and report results to the sales manager. H&r block online taxes Because of her experience, she requires only minimal assistance in closing and financing sales and in other phases of her work. H&r block online taxes She is paid a commission and is eligible for prizes and bonuses offered by Bob. H&r block online taxes Bob also pays the cost of health insurance and group-term life insurance for Donna. H&r block online taxes Donna is an employee of Bob Blue. H&r block online taxes Example 2. H&r block online taxes Sam Sparks performs auto repair services in the repair department of an auto sales company. H&r block online taxes He works regular hours and is paid on a percentage basis. H&r block online taxes He has no investment in the repair department. H&r block online taxes The sales company supplies all facilities, repair parts, and supplies; issues instructions on the amounts to be charged, parts to be used, and the time for completion of each job; and checks all estimates and repair orders. H&r block online taxes Sam is an employee of the sales company. H&r block online taxes Example 3. H&r block online taxes An auto sales agency furnishes space for Helen Bach to perform auto repair services. H&r block online taxes She provides her own tools, equipment, and supplies. H&r block online taxes She seeks out business from insurance adjusters and other individuals and does all of the body and paint work that comes to the agency. H&r block online taxes She hires and discharges her own helpers, determines her own and her helpers' working hours, quotes prices for repair work, makes all necessary adjustments, assumes all losses from uncollectible accounts, and receives, as compensation for her services, a large percentage of the gross collections from the auto repair shop. H&r block online taxes Helen is an independent contractor and the helpers are her employees. H&r block online taxes Attorney Example. H&r block online taxes Donna Yuma is a sole practitioner who rents office space and pays for the following items: telephone, computer, on-line legal research linkup, fax machine, and photocopier. H&r block online taxes Donna buys office supplies and pays bar dues and membership dues for three other professional organizations. H&r block online taxes Donna has a part-time receptionist who also does the bookkeeping. H&r block online taxes She pays the receptionist, withholds and pays federal and state employment taxes, and files a Form W-2 each year. H&r block online taxes For the past 2 years, Donna has had only three clients, corporations with which there have been long-standing relationships. H&r block online taxes Donna charges the corporations an hourly rate for her services, sending monthly bills detailing the work performed for the prior month. H&r block online taxes The bills include charges for long distance calls, on-line research time, fax charges, photocopies, postage, and travel, costs for which the corporations have agreed to reimburse her. H&r block online taxes Donna is an independent contractor. H&r block online taxes Taxicab Driver Example. H&r block online taxes Tom Spruce rents a cab from Taft Cab Co. H&r block online taxes for $150 per day. H&r block online taxes He pays the costs of maintaining and operating the cab. H&r block online taxes Tom Spruce keeps all fares that he receives from customers. H&r block online taxes Although he receives the benefit of Taft's two-way radio communication equipment, dispatcher, and advertising, these items benefit both Taft and Tom Spruce. H&r block online taxes Tom Spruce is an independent contractor. H&r block online taxes Salesperson To determine whether salespersons are employees under the usual common-law rules, you must evaluate each individual case. H&r block online taxes If a salesperson who works for you does not meet the tests for a common-law employee, discussed earlier in this section, you do not have to withhold federal income tax from his or her pay (see Statutory Employees in section 1). H&r block online taxes However, even if a salesperson is not an employee under the usual common-law rules for income tax withholding, his or her pay may still be subject to social security, Medicare, and FUTA taxes as a statutory employee. H&r block online taxes To determine whether a salesperson is an employee for social security, Medicare, and FUTA tax purposes, the salesperson must meet all eight elements of the statutory employee test. H&r block online taxes A salesperson is a statutory employee for social security, Medicare, and FUTA tax purposes if he or she: Works full time for one person or company except, possibly, for sideline sales activities on behalf of some other person, Sells on behalf of, and turns his or her orders over to, the person or company for which he or she works, Sells to wholesalers, retailers, contractors, or operators of hotels, restaurants, or similar establishments, Sells merchandise for resale, or supplies for use in the customer's business, Agrees to do substantially all of this work personally, Has no substantial investment in the facilities used to do the work, other than in facilities for transportation, Maintains a continuing relationship with the person or company for which he or she works, and Is not an employee under common-law rules. H&r block online taxes 3. H&r block online taxes Employees of Exempt Organizations Many nonprofit organizations are exempt from federal income tax. H&r block online taxes Although they do not have to pay federal income tax themselves, they must still withhold federal income tax from the pay of their employees. H&r block online taxes However, there are special social security, Medicare, and FUTA tax rules that apply to the wages that they pay their employees. H&r block online taxes Section 501(c)(3) organizations. H&r block online taxes   Nonprofit organizations that are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code include any community chest, fund, or foundation organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary or educational purposes, fostering national or international amateur sports competition, or for the prevention of cruelty to children or animals. H&r block online taxes These organizations are usually corporations and are exempt from federal income tax under section 501(a). H&r block online taxes Social security and Medicare taxes. H&r block online taxes   Wages paid to employees of section 501(c)(3) organizations are subject to social security and Medicare taxes unless one of the following situations applies. H&r block online taxes The organization pays an employee less than $100 in a calendar year. H&r block online taxes The organization is a church or church-controlled organization opposed for religious reasons to the payment of social security and Medicare taxes and has filed Form 8274, Certification by Churches and Qualified Church-Controlled Organizations Electing Exemption From Employer Social Security and Medicare Taxes, to elect exemption from social security and Medicare taxes. H&r block online taxes The organization must have filed for exemption before the first date on which a quarterly employment tax return (Form 941) or annual employment tax return (Form 944) would otherwise be due. H&r block online taxes   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes must pay self-employment tax if the employee is paid $108. H&r block online taxes 28 or more in a year. H&r block online taxes However, an employee who is a member of a qualified religious sect can apply for an exemption from the self-employment tax by filing Form 4029, Application for Exemption From Social Security and Medicare Taxes and Waiver of Benefits. H&r block online taxes See Members of recognized religious sects opposed to insurance in section 4. H&r block online taxes FUTA tax. H&r block online taxes   An organization that is exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code is also exempt from FUTA tax. H&r block online taxes This exemption cannot be waived. H&r block online taxes Do not file Form 940 to report wages paid by these organizations or pay the tax. H&r block online taxes Note. H&r block online taxes An organization wholly owned by a state or its political subdivision should contact the appropriate state official for information about reporting and getting social security and Medicare coverage for its employees. H&r block online taxes Other than section 501(c)(3) organizations. H&r block online taxes   Nonprofit organizations that are not section 501(c)(3) organizations may also be exempt from federal income tax under section 501(a) or section 521. H&r block online taxes However, these organizations are not exempt from withholding federal income, social security, or Medicare tax from their employees' pay, or from paying FUTA tax. H&r block online taxes Two special rules for social security, Medicare, and FUTA taxes apply. H&r block online taxes If an employee is paid less than $100 during a calendar year, his or her wages are not subject to social security and Medicare taxes. H&r block online taxes If an employee is paid less than $50 in a calendar quarter, his or her wages are not subject to FUTA tax for the quarter. H&r block online taxes The above rules do not apply to employees who work for pension plans and other similar organizations described in section 401(a). H&r block online taxes 4. H&r block online taxes Religious Exemptions and Special Rules for Ministers Special rules apply to the treatment of ministers for social security and Medicare tax purposes. H&r block online taxes An exemption from social security and Medicare taxes is available for ministers and certain other religious workers and members of certain recognized religious sects. H&r block online taxes For more information on getting an exemption, see Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers. H&r block online taxes Ministers. H&r block online taxes   Ministers are individuals who are duly ordained, commissioned, or licensed by a religious body constituting a church or church denomination. H&r block online taxes They are given the authority to conduct religious worship, perform sacerdotal functions, and administer ordinances and sacraments according to the prescribed tenets and practices of that religious organization. H&r block online taxes   Ministers are employees if they perform services in the exercise of ministry and are subject to your will and control. H&r block online taxes The common-law rules discussed in section 1 and section 2 should be applied to determine whether a minister is your employee or is self-employed. H&r block online taxes Whether the minister is an employee or self-employed, the earnings of a minister are not subject to federal income, social security, and Medicare tax withholding. H&r block online taxes However, even if the minister is a common law employee, the earnings as reported on the minister's Form 1040 are subject to self-employment tax and federal income tax. H&r block online taxes You do not withhold these taxes from wages earned by a minister, but if the minister is your employee, you may agree with the minister to voluntarily withhold tax to cover the minister's liability for self-employment tax and federal income tax. H&r block online taxes For more information, see Publication 517. H&r block online taxes Form W-2. H&r block online taxes   If your minister is an employee, report all taxable compensation as wages in box 1 on Form W-2. H&r block online taxes Include in this amount expense allowances or reimbursements paid under a nonaccountable plan, discussed in section 5 of Publication 15 (Circular E). H&r block online taxes Do not include a parsonage allowance (excludable housing allowance) in this amount. H&r block online taxes You may report a designated parsonage or rental allowance (housing allowance) and a utilities allowance, or the rental value of housing provided in a separate statement or in box 14 on Form W-2. H&r block online taxes Do not show on Form W-2, Form 941, or Form 944 any amount as social security or Medicare wages, or any withholding for social security or Medicare taxes. H&r block online taxes If you withheld federal income tax from the minister under a voluntary agreement, this amount should be shown in box 2 on Form W-2 as federal income tax withheld. H&r block online taxes For more information on ministers, see Publication 517. H&r block online taxes Exemptions for ministers and others. H&r block online taxes   Certain ordained ministers, Christian Science practitioners, and members of religious orders who have not taken a vow of poverty may apply to exempt their earnings from self-employment tax on religious grounds. H&r block online taxes The application must be based on conscientious opposition because of personal considerations to public insurance that makes payments in the event of death, disability, old age, or retirement, or that makes payments toward the cost of, or provides services for, medical care, including social security and Medicare benefits. H&r block online taxes The exemption applies only to qualified services performed for the religious organization. H&r block online taxes See Revenue Procedure 91-20, 1991-1 C. H&r block online taxes B. H&r block online taxes 524, for guidelines to determine whether an organization is a religious order or whether an individual is a member of a religious order. H&r block online taxes   To apply for the exemption, the employee should file Form 4361, Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners. H&r block online taxes See Publication 517 for more information about claiming an exemption from self-employment tax using Form 4361. H&r block online taxes Members of recognized religious sects opposed to insurance. H&r block online taxes   If you belong to a recognized religious sect or to a division of such sect that is opposed to insurance, you may qualify for an exemption from the self-employment tax. H&r block online taxes To qualify, you must be conscientiously opposed to accepting the benefits of any public or private insurance that makes payments because of death, disability, old age, or retirement, or makes payments toward the cost of, or provides services for, medical care (including social security and Medicare benefits). H&r block online taxes If you buy a retirement annuity from an insurance company, you will not be eligible for this exemption. H&r block online taxes Religious opposition based on the teachings of the sect is the only legal basis for the exemption. H&r block online taxes In addition, your religious sect (or division) must have existed since December 31, 1950. H&r block online taxes Self-employed. H&r block online taxes   If you are self-employed and a member of a recognized religious sect opposed to insurance, you can apply for exemption by filing Form 4029 to waive all social security and Medicare benefits. H&r block online taxes Employees. H&r block online taxes   The social security and Medicare tax exemption available to the self-employed who are members of a recognized religious sect opposed to insurance is also available to their employees who are members of such a sect. H&r block online taxes This applies to partnerships only if each partner is a member of the sect. H&r block online taxes This exemption for employees applies only if both the employee and the employer are members of such a sect, and the employer has an exemption. H&r block online taxes To get the exemption, the employee must file Form 4029. H&r block online taxes   An employee of a church or church-controlled organization that is exempt from social security and Medicare taxes can also apply for an exemption on Form 4029. H&r block online taxes 5. H&r block online taxes Wages and Other Compensation Publication 15 (Circular E) provides a general discussion of taxable wages. H&r block online taxes Publication 15-B discusses fringe benefits. H&r block online taxes The following topics supplement those discussions. H&r block online taxes Relocating for Temporary Work Assignments If an employee is given a temporary work assignment away from his or her regular place of work, certain travel expenses reimbursed or paid directly by the employer in accordance with an accountable plan (see section 5 in Publication 15 (Circular E)) may be excludable from the employee's wages. H&r block online taxes Generally, a temporary work assignment in a single location is one that is realistically expected to last (and does in fact last) for 1 year or less. H&r block online taxes If the employee's new work assignment is indefinite, any living expenses reimbursed or paid by the employer (other than qualified moving expenses) must be included in the employee's wages as compensation. H&r block online taxes For the travel expenses to be excludable: The new work location must be outside of the city or general area of the employee's regular work place or post of duty, The travel expenses must otherwise qualify as deductible by the employee, and The expenses must be for the period during which the employee is at the temporary work location. H&r block online taxes If you reimburse or pay any personal expenses of an employee during his or her temporary work assignment, such as expenses for home leave for family members or for vacations, these amounts must be included in the employee's wages. H&r block online taxes See chapter 1 of Publication 463, Travel, Entertainment, Gift, and Car Expenses, and section 5 of Publication 15 (Circular E), for more information. H&r block online taxes These rules generally apply to temporary work assignments both inside and outside the U. H&r block online taxes S. H&r block online taxes Employee Achievement Awards Do not withhold federal income, social security, or Medicare taxes on the fair market value of an employee achievement award if it is excludable from your employee's gross income. H&r block online taxes To be excludable from your employee's gross income, the award must be tangible personal property (not cash, gift certificates, or securities) given to an employee for length of service or safety achievement, awarded as part of a meaningful presentation, and awarded under circumstances that do not indicate that the payment is disguised compensation. H&r block online taxes Excludable employee achievement awards also are not subject to FUTA tax. H&r block online taxes Limits. H&r block online taxes   The most that you can exclude for the cost of all employee achievement awards to the same employee for the year is $400. H&r block online taxes A higher limit of $1,600 applies to qualified plan awards. H&r block online taxes Qualified plan awards are employee achievement awards under a written plan that does not discriminate in favor of highly compensated employees. H&r block online taxes An award cannot be treated as a qualified plan award if the average cost per recipient of all awards under all of your qualified plans is more than $400. H&r block online taxes   If during the year an employee receives awards not made under a qualified plan and also receives awards under a qualified plan, the exclusion for the total cost of all awards to that employee cannot be more than $1,600. H&r block online taxes The $400 and $1,600 limits cannot be added together to exclude more than $1,600 for the cost of awards to any one employee during the year. H&r block online taxes Scholarship and Fellowship Payments Only amounts that you pay as a qualified scholarship to a candidate for a degree may be excluded from the recipient's gross income. H&r block online taxes A qualified scholarship is any amount granted as a scholarship or fellowship that is used for: Tuition and fees required to enroll in, or to attend, an educational institution, or Fees, books, supplies, and equipment that are required for courses at the educational institution. H&r block online taxes The exclusion from income does not apply to the portion of any amount received that represents payment for teaching, research, or other services required as a condition of receiving the scholarship or tuition reduction. H&r block online taxes These amounts are reportable on Form W-2. H&r block online taxes However, the exclusion will still apply for any amount received under two specific programs—the National Health Service Corps Scholarship Program and the Armed Forces Health Professions Scholarship and Financial Assistance Program—despite any service condition attached to those amounts. H&r block online taxes Any amounts that you pay for room and board are not excludable from the recipient's gross income. H&r block online taxes A qualified scholarship is not subject to social security, Medicare, and FUTA taxes, or federal income tax withholding. H&r block online taxes For more information, see Publication 970, Tax Benefits for Education. H&r block online taxes Outplacement Services If you provide outplacement services to your employees to help them find new employment (such as career counseling, resume assistance, or skills assessment), the value of these benefits may be income to them and subject to all withholding taxes. H&r block online taxes However, the value of these services will not be subject to any employment taxes if: You derive a substantial business benefit from providing the services (such as improved employee morale or business image) separate from the benefit that you would receive from the mere payment of additional compensation, and The employee would be able to deduct the cost of the services as employee business expenses if he or she had paid for them. H&r block online taxes However, if you receive no additional benefit from providing the services, or if the services are not provided on the basis of employee need, then the value of the services is treated as wages and is subject to federal income tax withholding and social security and Medicare taxes. H&r block online taxes Similarly, if an employee receives the outplacement services in exchange for reduced severance pay (or other taxable compensation), then the amount the severance pay is reduced is treated as wages for employment tax purposes. H&r block online taxes Withholding for Idle Time Payments made under a voluntary guarantee to employees for idle time (any time during which an employee performs no services) are wages for the purposes of social security, Medicare, and FUTA taxes, and federal income tax withholding. H&r block online taxes Back Pay Treat back pay as wages in the year paid and withhold and pay employment taxes as required. H&r block online taxes If back pay was awarded by a court or government agency to enforce a federal or state statute protecting an employee's right to employment or wages, special rules apply for reporting those wages to the Social Security Administration. H&r block online taxes These rules also apply to litigation actions and settlement agreements or agency directives that are resolved out of court and not under a court decree or order. H&r block online taxes Examples of pertinent statutes include, but are not limited to, the National Labor Relations Act, Fair Labor Standards Act, Equal Pay Act, and Age Discrimination in Employment Act. H&r block online taxes See Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration, and Form SSA-131, Employer Report of Special Wage Payments, for details. H&r block online taxes Supplemental Unemployment Benefits If you pay, under a plan, supplemental unemployment benefits to a former employee, all or part of the payments may be taxable and subject to federal income tax withholding, depending on how the plan is funded. H&r block online taxes Amounts that represent a return to the employee of amounts previously subject to tax are not taxable and are not subject to withholding. H&r block online taxes You should withhold federal income tax on the taxable part of the payments made, under a plan, to an employee who is involuntarily separated because of a reduction in force, discontinuance of a plant or operation, or other similar condition. H&r block online taxes It does not matter whether the separation is temporary or permanent. H&r block online taxes There are special rules that apply in determining whether benefits qualify as supplemental unemployment benefits that are excluded from wages for social security, Medicare, and FUTA tax purposes. H&r block online taxes To qualify as supplemental unemployment benefits for these purposes, the benefits must meet the following requirements. H&r block online taxes Benefits are paid only to unemployed former employees who are laid off by the employer. H&r block online taxes Eligibility for benefits depends on meeting prescribed conditions after termination. H&r block online taxes The amount of weekly benefits payable is based upon state unemployment benefits, other compensation allowable under state law, and the amount of regular weekly pay. H&r block online taxes The right to benefits does not accrue until a prescribed period after termination. H&r block online taxes Benefits are not attributable to the performance of particular services. H&r block online taxes No employee has any right to the benefits until qualified and eligible to receive benefits. H&r block online taxes Benefits may not be paid in a lump sum. H&r block online taxes Withholding on taxable supplemental unemployment benefits must be based on the withholding certificate (Form W-4) that the employee gave to you. H&r block online taxes Golden Parachute Payments A golden parachute payment, in general, is a payment made under a contract entered into by a corporation and key personnel. H&r block online taxes Under the agreement, the corporation agrees to pay certain amounts to its key personnel in the event of a change in ownership or control of the corporation. H&r block online taxes Payments to employees under golden parachute contracts are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. H&r block online taxes See Regulations section 1. H&r block online taxes 280G-1 for more information. H&r block online taxes No deduction is allowed to the corporation for any excess parachute payment. H&r block online taxes To determine the amount of the excess parachute payment, you must first determine if there is a parachute payment for purposes of section 280G. H&r block online taxes A parachute payment for purposes of section 280G is any payment that meets all of the following. H&r block online taxes The payment is in the nature of compensation. H&r block online taxes The payment is to, or for the benefit of, a disqualified individual. H&r block online taxes A disqualified individual is anyone who at any time during the 12-month period prior to and ending on the date of the change in ownership or control of the corporation (the disqualified individual determination period) was an employee or independent contractor and was, in regard to that corporation, a shareholder, an officer, or highly compensated individual. H&r block online taxes The payment is contingent on a change in ownership of the corporation, the effective control of the corporation, or the ownership of a substantial portion of the assets of the corporation. H&r block online taxes The payment has an aggregate present value of at least three times the individual's base amount. H&r block online taxes The base amount is the average annual compensation for service includible in the individual's gross income over the most recent 5 taxable years. H&r block online taxes An excess parachute payment amount is the excess of any parachute payment over the base amount. H&r block online taxes For more information, see Regulations section 1. H&r block online taxes 280G-1. H&r block online taxes The recipient of an excess parachute payment is subject to a 20% nondeductible excise tax. H&r block online taxes If the recipient is an employee, the 20% excise tax is to be withheld by the corporation. H&r block online taxes Example. H&r block online taxes An officer of a corporation receives a golden parachute payment of $400,000. H&r block online taxes This is more than three times greater than his or her average compensation of $100,000 over the previous 5-year period. H&r block online taxes The excess parachute payment is $300,000 ($400,000 minus $100,000). H&r block online taxes The corporation cannot deduct the $300,000 and must withhold the excise tax of $60,000 (20% of $300,000). H&r block online taxes Reporting golden parachute payments. H&r block online taxes   Golden parachute payments to employees must be reported on Form W-2. H&r block online taxes See the General Instructions for Forms W-2 and W-3 for details. H&r block online taxes For nonemployee reporting of these payments, see Box 7. H&r block online taxes Nonemployee Compensation in the Instructions for Form 1099-MISC. H&r block online taxes Exempt payments. H&r block online taxes   Payments by most small business corporations and payments under certain qualified plans are exempt from the golden parachute rules. H&r block online taxes See section 280G(b)(5) and (6) for more information. H&r block online taxes Interest-Free and Below-Market-Interest-Rate Loans In general, if an employer lends an employee more than $10,000 at an interest rate less than the current applicable federal rate (AFR), the difference between the interest paid and the interest that would be paid under the AFR is considered additional compensation to the employee. H&r block online taxes This rule applies to a loan of $10,000 or less if one of its principal purposes is the avoidance of federal tax. H&r block online taxes This additional compensation to the employee is subject to social security, Medicare, and FUTA taxes, but not to federal income tax withholding. H&r block online taxes Include it in compensation on Form W-2 (or Form 1099-MISC for an independent contractor). H&r block online taxes The AFR is established monthly and published by the IRS each month in the Internal Revenue Bulletin. H&r block online taxes You can get these rates by calling 1-800-829-4933 or by visiting IRS. H&r block online taxes gov. H&r block online taxes For more information, see section 7872 and its related regulations. H&r block online taxes Leave Sharing Plans If you establish a leave sharing plan for your employees that allows them to transfer leave to other employees for medical emergencies, the amounts paid to the recipients of the leave are considered wages. H&r block online taxes These amounts are includible in the gross income of the recipients and are subject to social security, Medicare, and FUTA taxes, and federal income tax withholding. H&r block online taxes Do not include these amounts in the income of the transferors. H&r block online taxes These rules apply only to leave sharing plans that permit employees to transfer leave to other employees for medical emergencies. H&r block online taxes Nonqualified Deferred Compensation Plans Income Tax and Reporting Section 409A provides that all amounts deferred under a nonqualified deferred compensation (NQDC) plan for all tax years are currently includible in gross income (to the extent not subject to a substantial risk of forfeiture and not previously included in gross income) and subject to additional taxes, unless certain requirements are met pertaining to, among other things, elections to defer compensation and distributions under a NQDC plan. H&r block online taxes Section 409A also includes rules that apply to certain trusts or similar arrangements associated with NQDC plans if the trusts or arrangements are located outside of the United States, are restricted to the provision of benefits in connection with a decline in the financial health of the plan sponsor, or contributions are made to the trust during certain periods such as when a qualified plan of the service recipient is underfunded. H&r block online taxes Employers must withhold federal income tax (but not the additional Section 409A taxes) on any amount includible in gross income under section 409A. H&r block online taxes Other changes to the Internal Revenue Code provide that the deferrals under a NQDC plan must be reported separately on Form W-2 or Form 1099-MISC, whichever applies. H&r block online taxes Specific rules for reporting are provided in the instructions to the forms. H&r block online taxes The provisions do not affect the application or reporting of social security, Medicare, or FUTA taxes. H&r block online taxes The provisions do not prevent the inclusion of amounts in income or wages under other provisions of the Internal Revenue Code or common law principles, such as when amounts are actually or constructively received or irrevocably contributed to a separate fund. H&r block online taxes For more information about nonqualified deferred compensation plans, see Regulations sections 1. H&r block online taxes 409A-1 through 1. H&r block online taxes 409A-6. H&r block online taxes Notice 2008-113 provides guidance on the correction of certain operation failures of a NQDC plan. H&r block online taxes Notice 2008-113, 2008-51 I. H&r block online taxes R. H&r block online taxes B. H&r block online taxes 1305, is available at www. H&r block online taxes irs. H&r block online taxes gov/irb/2008-51_IRB/ar12. H&r block online taxes html. H&r block online taxes Also see Notice 2010-6, 2010-3 I. H&r block online taxes R. H&r block online taxes B. H&r block online taxes 275, available at www. H&r block online taxes irs. H&r block online taxes gov/irb/2010-03_IRB/ar08. H&r block online taxes html and Notice 2010-80, 2010-51 I. H&r block online taxes R. H&r block online taxes B. H&r block online taxes 853, available at www. H&r block online taxes irs. H&r block online taxes gov/irb/2010-51_IRB/ar08. H&r block online taxes html. H&r block online taxes Social security, Medicare, and FUTA taxes. H&r block online taxes   Employer contributions to nonqualified deferred compensation (NQDC) plans, as defined in the applicable regulations, are treated as wages subject to social security, Medicare, and FUTA taxes when the services are performed or the employee no longer has a substantial risk of forfeiting the right to the deferred compensation, whichever is later. H&r block online taxes   Amounts deferred are subject to social security, Medicare, and FUTA taxes at that time unless the amount that is deferred cannot be reasonably ascertained; for example, if benefits are based on final pay. H&r block online taxes If the value of the future benefit is based on any factors that are not yet reasonably ascertainable, you may choose to estimate the value of the future benefit and withhold and pay social security, Medicare, and FUTA taxes on that amount. H&r block online taxes You will have to determine later, when the amount is reasonably ascertainable, whether any additional taxes are required. H&r block online taxes If taxes are not paid before the amounts become reasonably ascertainable, when the amounts become reasonably ascertainable they are subject to social security, Medicare, and FUTA taxes on the amounts deferred plus the income attributable to those amounts deferred. H&r block online taxes For more information, see Regulations sections 31. H&r block online taxes 3121(v)(2)-1 and 31. H&r block online taxes 3306(r)(2)-1. H&r block online taxes Tax-Sheltered Annuities Employer payments made by a public educational institution or a tax-exempt organization to purchase a tax-sheltered annuity for an employee (annual deferrals) are included in the employee's social security and Medicare wages, if the payments are made because of a salary reduction agreement. H&r block online taxes However, they are not included in box 1 on Form W-2 in the year the deferrals are made and are not subject to federal income tax withholding. H&r block online taxes See Regulations section 31. H&r block online taxes 3121(a)(5)-2 for the definition of a salary reduction agreement. H&r block online taxes Contributions to a Simplified Employee Pension (SEP) An employer's SEP contributions to an employee's individual retirement arrangement (IRA) are excluded from the employee's gross income. H&r block online taxes These excluded amounts are not subject to social security, Medicare, or FUTA taxes, or federal income tax withholding. H&r block online taxes However, any SEP contributions paid under a salary reduction agreement (SARSEP) are included in wages for purposes of social security, Medicare, and FUTA taxes. H&r block online taxes See Publication 560 for more information about SEPs. H&r block online taxes Salary reduction simplified employee pensions (SARSEP) repealed. H&r block online taxes   You may not establish a SARSEP after 1996. H&r block online taxes However, SARSEPs established before January 1, 1997, may continue to receive contributions. H&r block online taxes SIMPLE Retirement Plans Employer and employee contributions to a savings incentive match plan for employees (SIMPLE) retirement account (subject to limitations) are excludable from the employee's income and are exempt from federal income tax withholding. H&r block online taxes An employer's nonelective (2%) or matching contributions are exempt from social security, Medicare, and FUTA taxes. H&r block online taxes However, an employee's salary reduction contributions to a SIMPLE are subject to social security, Medicare, and FUTA taxes. H&r block online taxes For more information about SIMPLE retirement plans, see Publication 560. H&r block online taxes 6. H&r block online taxes Sick Pay Reporting The IRS expects to change the third-party sick pay recap reporting and filing requirements for wages paid in 2014. H&r block online taxes Information about this change will be included in the revision of Publication 15-A that is expected to post to IRS. H&r block online taxes gov in December 2014. H&r block online taxes Special rules apply to the reporting of sick pay payments to employees. H&r block online taxes How these payments are reported depends on whether the payments are made by the employer or a third party, such as an insurance company. H&r block online taxes Sick pay is usually subject to social security, Medicare, and FUTA taxes. H&r block online taxes For exceptions, see Social Security, Medicare, and FUTA Taxes on Sick Pay , later in this section. H&r block online taxes Sick pay may also be subject to either mandatory or voluntary federal income tax withholding, depending on who pays it. H&r block online taxes Sick Pay Sick pay generally means any amount paid under a plan because of an employee's temporary absence from work due to injury, sickness, or disability. H&r block online taxes It may be paid by either the employer or a third party, such as an insurance company. H&r block online taxes Sick pay includes both short- and long-term benefits. H&r block online taxes It is often expressed as a percentage of the employee's regular wages. H&r block online taxes Payments That Are Not Sick Pay Sick pay does not include the following payments. H&r block online taxes Disability retirement payments. H&r block online taxes Disability retirement payments are not sick pay and are not discussed in this section. H&r block online taxes Those payments are subject to the rules for federal income tax withholding from pensions and annuities. H&r block online taxes See section 8. H&r block online taxes Workers' compensation. H&r block online taxes Payments because of a work-related injury or sickness that are made under a workers' compensation law are not sick pay and are not subject to employment taxes. H&r block online taxes But see Payments in the nature of workers' compensation—public employees next. H&r block online taxes Payments in the nature of workers' compensation—public employees. H&r block online taxes State and local government employees, such as police officers and firefighters, sometimes receive payments due to an injury in the line of duty under a statute that is not the general workers' compensation law of a state. H&r block online taxes If the statute limits benefits to work-related injuries or sickness and does not base payments on the employee's age, length of service, or prior contributions, the statute is “in the nature of” a workers' compensation law. H&r block online taxes Payments under a statute in the nature of a workers' compensation law are not sick pay and are not subject to employment taxes. H&r block online taxes For more information, see Regulations section 31. H&r block online taxes 3121(a)(2)-1. H&r block online taxes Medical expense payments. H&r block online taxes Payments under a definite plan or system for medical and hospitalization expenses, or for insurance covering these expenses, are not sick pay and are not subject to employment taxes. H&r block online taxes Payments unrelated to absence from work. H&r block online taxes Accident or health insurance payments unrelated to absence from work are not sick pay and are not subject to employment taxes. H&r block online taxes These include payments for: Permanent loss of a member or function of the body, Permanent loss of the use of a member or function of the body, or Permanent disfigurement of the body. H&r block online taxes Example. H&r block online taxes Donald was injured in a car accident and lost an eye. H&r block online taxes Under a policy paid for by Donald's employer, Delta Insurance Co. H&r block online taxes paid Donald $20,000 as compensation for the loss of his eye. H&r block online taxes Because the payment was determined by the type of injury and was unrelated to Donald's absence from work, it is not sick pay and is not subject to federal employment taxes. H&r block online taxes Sick Pay Plan A sick pay plan is a plan or system established by an employer under which sick pay is available to employees generally or to a class or classes of employees. H&r block online taxes This does not include a situation in which benefits are provided on a discretionary or occasional basis with merely an intention to aid particular employees in time of need. H&r block online taxes You have a sick pay plan or system if the plan is in writing or is otherwise made known to employees, such as by a bulletin board notice or your long and established practice. H&r block online taxes Some indications that you have a sick pay plan or system include references to the plan or system in the contract of employment, employer contributions to a plan, or segregated accounts for the payment of benefits. H&r block online taxes Definition of employer. H&r block online taxes   The employer for whom the employee normally works, a term used in the following discussion, is either the employer for whom the employee was working at the time that the employee became sick or disabled or the last employer for whom the employee worked before becoming sick or disabled, if that employer made contributions to the sick pay plan on behalf of the sick or disabled employee. H&r block online taxes Note. H&r block online taxes Contributions to a sick pay plan through a cafeteria plan (by direct employer contributions or salary reduction) are employer contributions unless they are after-tax employee contributions (that is, included in taxable wages). H&r block online taxes Third-Party Payers of Sick Pay Employer's agent. H&r block online taxes   An employer's agent is a third party that bears no insurance risk and is reimbursed on a cost-plus-fee basis for payment of sick pay and similar amounts. H&r block online taxes A third party may be your agent even if the third party is responsible for determining which employees are eligible to receive payments. H&r block online taxes For example, if a third party provides administrative services only, the third party is your agent. H&r block online taxes If the third party is paid an insurance premium and is not reimbursed on a cost-plus-fee basis, the third party is not your agent. H&r block online taxes Whether an insurance company or other third party is your agent depends on the terms of their agreement with you. H&r block online taxes   A third party that makes payments of sick pay as your agent is not considered the employer and generally has no responsibility for employment taxes. H&r block online taxes This responsibility remains with you. H&r block online taxes However, under an exception to this rule, the parties may enter into an agreement that makes the third-party agent responsible for employment taxes. H&r block online taxes In this situation, the third-party agent should use its own name and EIN (rather than your name and EIN) for the responsibilities that it has assumed. H&r block online taxes Third party not employer's agent. H&r block online taxes   A third party that makes payments of sick pay other than as an agent of the employer is liable for federal income tax withholding (if requested by the employee) and the employee part of the social security and Medicare taxes. H&r block online taxes   The third party is also liable for the employer part of the social security and Medicare taxes, and the FUTA tax, unless the third party transfers this liability to the employer for whom the employee normally works. H&r block online taxes This liability is transferred if the third party takes the following steps. H&r block online taxes Withholds the employee social security and Medicare taxes from the sick pay payments. H&r block online taxes Makes timely deposits of the employee social security and Medicare taxes. H&r block online taxes Notifies the employer for whom the employee normally works of the payments on which employee taxes were withheld and deposited. H&r block online taxes The third party must notify the employer within the time required for the third party's deposit of the employee part of the social security and Medicare taxes. H&r block online taxes For instance, if the third party is a monthly schedule depositor, it must notify the employer by the 15th day of the month following the month in which the sick pay payment is made because that is the day by which the deposit is required to be made. H&r block online taxes The third party should notify the employer as soon as information on payments is available so that an employer required to make electronic deposits can make them timely. H&r block online taxes For multi-employer plans, see the special rule discussed next. H&r block online taxes Multi-employer plan timing rule. H&r block online taxes   A special rule applies to sick pay payments made to employees by a third-party insurer under an insurance contract with a multi-employer plan established under a collectively bargained agreement. H&r block online taxes If the third-party insurer making the payments complies wi
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H&r block online taxes 6. H&r block online taxes   How To Get Tax Help Table of Contents Low Income Taxpayer Clinics Whether it's help with a tax issue, preparing your tax return or a need for a free publication or form, get the help you need the way you want it: online, use a smart phone, call or walk in to an IRS office or volunteer site near you. H&r block online taxes Free help with your tax return. H&r block online taxes   You can get free help preparing your return nationwide from IRS-certified volunteers. H&r block online taxes The Volunteer Income Tax Assistance (VITA) program helps low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers. H&r block online taxes The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. H&r block online taxes Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. H&r block online taxes In addition, some VITA and TCE sites provide taxpayers the opportunity to prepare their own return with help from an IRS-certified volunteer. H&r block online taxes To find the nearest VITA or TCE site, you can use the VITA Locator Tool on IRS. H&r block online taxes gov, download the IRS2Go app, or call 1-800-906-9887. H&r block online taxes   As part of the TCE program, AARP offers the Tax-Aide counseling program. H&r block online taxes To find the nearest AARP Tax-Aide site, visit AARP's website at www. H&r block online taxes aarp. H&r block online taxes org/money/taxaide or call 1-888-227-7669. H&r block online taxes For more information on these programs, go to IRS. H&r block online taxes gov and enter “VITA” in the search box. H&r block online taxes Internet. H&r block online taxes    IRS. H&r block online taxes gov and IRS2Go are ready when you are —24 hours a day, 7 days a week. H&r block online taxes Download the free IRS2Go app from the iTunes app store or from Google Play. H&r block online taxes Use it to check your refund status, order transcripts of your tax returns or tax account, watch the IRS YouTube channel, get IRS news as soon as it's released to the public, subscribe to filing season updates or daily tax tips, and follow the IRS Twitter news feed, @IRSnews, to get the latest federal tax news, including information about tax law changes and important IRS programs. H&r block online taxes Check the status of your 2013 refund with the Where's My Refund? application on IRS. H&r block online taxes gov or download the IRS2Go app and select the Refund Status option. H&r block online taxes The IRS issues more than 9 out of 10 refunds in less than 21 days. H&r block online taxes Using these applications, you can start checking on the status of your return within 24 hours after we receive your e-filed return or 4 weeks after you mail a paper return. H&r block online taxes You will also be given a personalized refund date as soon as the IRS processes your tax return and approves your refund. H&r block online taxes The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. H&r block online taxes Use the Interactive Tax Assistant (ITA) to research your tax questions. H&r block online taxes No need to wait on the phone or stand in line. H&r block online taxes The ITA is available 24 hours a day, 7 days a week, and provides you with a variety of tax information related to general filing topics, deductions, credits, and income. H&r block online taxes When you reach the response screen, you can print the entire interview and the final response for your records. H&r block online taxes New subject areas are added on a regular basis. H&r block online taxes  Answers not provided through ITA may be found in Tax Trails, one of the Tax Topics on IRS. H&r block online taxes gov which contain general individual and business tax information or by searching the IRS Tax Map, which includes an international subject index. H&r block online taxes You can use the IRS Tax Map, to search publications and instructions by topic or keyword. H&r block online taxes The IRS Tax Map integrates forms and publications into one research tool and provides single-point access to tax law information by subject. H&r block online taxes When the user searches the IRS Tax Map, they will be provided with links to related content in existing IRS publications, forms and instructions, questions and answers, and Tax Topics. H&r block online taxes Coming this filing season, you can immediately view and print for free all 5 types of individual federal tax transcripts (tax returns, tax account, record of account, wage and income statement, and certification of non-filing) using Get Transcript. H&r block online taxes You can also ask the IRS to mail a return or an account transcript to you. H&r block online taxes Only the mail option is available by choosing the Tax Records option on the IRS2Go app by selecting Mail Transcript on IRS. H&r block online taxes gov or by calling 1-800-908-9946. H&r block online taxes Tax return and tax account transcripts are generally available for the current year and the past three years. H&r block online taxes Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Credit (EITC) Assistant. H&r block online taxes Visit Understanding Your IRS Notice or Letter to get answers to questions about a notice or letter you received from the IRS. H&r block online taxes If you received the First Time Homebuyer Credit, you can use the First Time Homebuyer Credit Account Look-up tool for information on your repayments and account balance. H&r block online taxes Check the status of your amended return using Where's My Amended Return? Go to IRS. H&r block online taxes gov and enter Where's My Amended Return? in the search box. H&r block online taxes You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. H&r block online taxes It can take up to 3 weeks from the date you mailed it to show up in our system. H&r block online taxes Make a payment using one of several safe and convenient electronic payment options available on IRS. H&r block online taxes gov. H&r block online taxes Select the Payment tab on the front page of IRS. H&r block online taxes gov for more information. H&r block online taxes Determine if you are eligible and apply for an online payment agreement, if you owe more tax than you can pay today. H&r block online taxes Figure your income tax withholding with the IRS Withholding Calculator on IRS. H&r block online taxes gov. H&r block online taxes Use it if you've had too much or too little withheld, your personal situation has changed, you're starting a new job or you just want to see if you're having the right amount withheld. H&r block online taxes Determine if you might be subject to the Alternative Minimum Tax by using the Alternative Minimum Tax Assistant on IRS. H&r block online taxes gov. H&r block online taxes Request an Electronic Filing PIN by going to IRS. H&r block online taxes gov and entering Electronic Filing PIN in the search box. H&r block online taxes Download forms, instructions and publications, including accessible versions for people with disabilities. H&r block online taxes Locate the nearest Taxpayer Assistance Center (TAC) using the Office Locator tool on IRS. H&r block online taxes gov, or choose the Contact Us option on the IRS2Go app and search Local Offices. H&r block online taxes An employee can answer questions about your tax account or help you set up a payment plan. H&r block online taxes Before you visit, check the Office Locator on IRS. H&r block online taxes gov, or Local Offices under Contact Us on IRS2Go to confirm the address, phone number, days and hours of operation, and the services provided. H&r block online taxes If you have a special need, such as a disability, you can request an appointment. H&r block online taxes Call the local number listed in the Office Locator, or look in the phone book under United States Government, Internal Revenue Service. H&r block online taxes Apply for an Employer Identification Number (EIN). H&r block online taxes Go to IRS. H&r block online taxes gov and enter Apply for an EIN in the search box. H&r block online taxes Read the Internal Revenue Code, regulations, or other official guidance. H&r block online taxes Read Internal Revenue Bulletins. H&r block online taxes Sign up to receive local and national tax news and more by email. H&r block online taxes Just click on “subscriptions” above the search box on IRS. H&r block online taxes gov and choose from a variety of options. H&r block online taxes Phone. H&r block online taxes    You can call the IRS, or you can carry it in your pocket with the IRS2Go app on your smart phone or tablet. H&r block online taxes Download the free IRS2Go app from the iTunes app store or from Google Play. H&r block online taxes Call to locate the nearest volunteer help site, 1-800-906-9887 or you can use the VITA Locator Tool on IRS. H&r block online taxes gov, or download the IRS2Go app. H&r block online taxes Low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers can get free help with their tax return from the nationwide Volunteer Income Tax Assistance (VITA) program. H&r block online taxes The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. H&r block online taxes Most VITA and TCE sites offer free electronic filing. H&r block online taxes Some VITA and TCE sites provide IRS-certified volunteers who can help prepare your tax return. H&r block online taxes Through the TCE program, AARP offers the Tax-Aide counseling program; call 1-888-227-7669 to find the nearest Tax-Aide location. H&r block online taxes Call the automated Where's My Refund? information hotline to check the status of your 2013 refund 24 hours a day, 7 days a week at 1-800-829-1954. H&r block online taxes If you e-file, you can start checking on the status of your return within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. H&r block online taxes The IRS issues more than 9 out of 10 refunds in less than 21 days. H&r block online taxes Where's My Refund? will give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. H&r block online taxes Before you call this automated hotline, have your 2013 tax return handy so you can enter your social security number, your filing status, and the exact whole dollar amount of your refund. H&r block online taxes The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. H&r block online taxes Note, the above information is for our automated hotline. H&r block online taxes Our live phone and walk-in assistors can research the status of your refund only if it's been 21 days or more since you filed electronically or more than 6 weeks since you mailed your paper return. H&r block online taxes Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. H&r block online taxes You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. H&r block online taxes It can take up to 3 weeks from the date you mailed it to show up in our system. H&r block online taxes Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, publications, and prior-year forms and instructions (limited to 5 years). H&r block online taxes You should receive your order within 10 business days. H&r block online taxes Call TeleTax, 1-800-829-4477, to listen to pre-recorded messages covering general and business tax information. H&r block online taxes If, between January and April 15, you still have questions about the Form 1040, 1040A, or 1040EZ (like filing requirements, dependents, credits, Schedule D, pensions and IRAs or self-employment taxes), call 1-800-829-1040. H&r block online taxes Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. H&r block online taxes The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. H&r block online taxes These individuals can also contact the IRS through relay services such as the Federal Relay Service. H&r block online taxes Walk-in. H&r block online taxes   You can find a selection of forms, publications and services — in-person. H&r block online taxes Products. H&r block online taxes You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. H&r block online taxes Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. H&r block online taxes Services. H&r block online taxes You can walk in to your local TAC for face-to-face tax help. H&r block online taxes An employee can answer questions about your tax account or help you set up a payment plan. H&r block online taxes Before visiting, use the Office Locator tool on IRS. H&r block online taxes gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and hours of operation, and services provided. H&r block online taxes Mail. H&r block online taxes   You can send your order for forms, instructions, and publications to the address below. H&r block online taxes You should receive a response within 10 business days after your request is received. H&r block online taxes Internal Revenue Service 1201 N. H&r block online taxes Mitsubishi Motorway Bloomington, IL 61705-6613    The Taxpayer Advocate Service Is Here to Help You. H&r block online taxes The Taxpayer Advocate Service (TAS) is your voice at the IRS. H&r block online taxes Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. H&r block online taxes   What can TAS do for you? We can offer you free help with IRS problems that you can't resolve on your own. H&r block online taxes We know this process can be confusing, but the worst thing you can do is nothing at all! TAS can help if you can't resolve your tax problem and: Your problem is causing financial difficulties for you, your family, or your business. H&r block online taxes You face (or your business is facing) an immediate threat of adverse action. H&r block online taxes You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised. H&r block online taxes   If you qualify for our help, you'll be assigned to one advocate who'll be with you at every turn and will do everything possible to resolve your problem. H&r block online taxes Here's why we can help: TAS is an independent organization within the IRS. H&r block online taxes Our advocates know how to work with the IRS. H&r block online taxes Our services are free and tailored to meet your needs. H&r block online taxes We have offices in every state, the District of Columbia, and Puerto Rico. H&r block online taxes   How can you reach us? If you think TAS can help you, call your local advocate, whose number is in your local directory and at Taxpayer Advocate, or call us toll-free at 1-877-777-4778. H&r block online taxes   How else does TAS help taxpayers?  TAS also works to resolve large-scale, systemic problems that affect many taxpayers. H&r block online taxes If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System. H&r block online taxes Low Income Taxpayer Clinics Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals and tax collection disputes. H&r block online taxes Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. H&r block online taxes Visit Taxpayer Advocate or see IRS Publication 4134, Low Income Taxpayer Clinic List. H&r block online taxes Prev  Up  Next   Home   More Online Publications