14 Mayıs 2012 Pazartesi

FUTA rate change

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I apologize for the lateness of this post. Quarter end taxes and forms come first though. The IRS has finally reduced the FUTA rate. Not to complicate matters, but the rate changes mid year. From July 1, 2011, the Federal Unemployment rate (FUTA) will change from 6.2% to 6.0%. Most companies are eligible for a 5.4% credit, which reduces your effective FUTA rate from 0.8% to 0.6%. However, some states may have a credit reduction if their state unemployment system (SUTA) has not paid back their loan from FUTA. All of your FUTA liability gets reconciled when you file Form 940 at the end of the year.

WHAT THIS MEANS: All gross pay for the first six months will be calculated at the .8% rate. This is more for IRS audit purpose. All gross pay in the last six months that is still liable for FUTA, will be at the .6% rate. When the 940 form is filed at the end of the year, it will be figured at the .6% rate plus any state credit reduction that may apply. Any over payments will be refunded at that time by the IRS.

If you need help in understanding this law change and how it will effect your business now and at the end of the year, please call us at 765-288-7243, or via our website www.tpspayroll.com and click the contact tab.

2011 Mileage Reimbursement Rates (July)

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Here is another mid-year change from the IRS. This is at least beneficial. Beginning July 1, the standard rate to calculate deductible costs of operating an automobile for business use increases from $.51 to $.555 per mile. Please click here to view the IRS news article for more information

As part of our payroll service, we can help you track those mileage reimbursements and calculate the correct taxes. This way you can be sure that your W-2 calculations will be accurate at the end of the year.

Please call us at 765-288-PAID or visit us on the web at www.tpspayroll.com.

Background checks

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Should you use social networks as part of your background check?
Yes and No. Yes. You can learn a lot about potential employees. You can understand their character more by the things the post and say, as well as who they are friends with, and what they allow others to post on their wall.
No. Some
people might wave the "invasion of personal privacy" flag around. My personal opinion is that you allowed it to be public when you signed up for these sites. However, the more important issue is it can also be misleading and you could risk not hiring an employee that could take your business even further than you could imagine.
The following article came across my desk the other day and I thought I'd share it with you. I think it best captures the reason why you can't always rely on these social network sites.



A Modest Proposal: Social Network Background Checks

So there I was on one knee with my hands cuffed behind my back in Little Italy on a beautiful day in May of 1996. Click. Someone took a picture. People started to gather around. More clicks and flashes.

I’ve been thinking a lot about this moment for a few months now since I’ve been contemplating the role social networkings sites should or should not have in the employment background screening and hiring process.

Why? Because this was one of the most important days in my life. It was the day I proposed to my wife. You see, I decided to get creative with my proposal. I always thought it would be fun to have a police officer pull me over with my wife in the passenger seat and then instruct her to take the registration out of the glove compartment. Of course, instead of the registration, she’d find the ring. And that’s exactly what happened. I just didn’t know that the officer (who was a friend of the family) would actually put me in cuffs (that was a little side idea he and my father hatched unbeknownst to me) but it definitely made the moment seem all the more real.

So why am I telling you this story? I had mentioned that a number of people took pictures. Some of those people were members of my family who were lurking around waiting for the big moment. Others were complete strangers that couldn’t believe the spectacle. So far as I know, those pictures were never posted on Facebook. But what if they were and a prospective employer saw them? Would they understand this was a gag? Would they know it wasn’t real? What if they never asked me about it?

What if it was real? Should an employer be able to use that against me?

There’s been a lot of talk for a couple years now about whether employers can and should use social networking sites are part of their employment screening processes. Findings from our annual background screening survey showed that of the nearly 800 respondants, 25% used LinkedIn, 34% used Google, 30% used Facebook and 22% used Twitter to screen candidates. 44% said they would like their screening provider to offer this service in the future. And while I was staunchly against this practice for a long time, I am slowly softening my position. However, it is stories like these that continue to give me reason for pause.

I’m sure we all have a story or two like this. So what do you think? Are social networking sites fair game?

P.S. In spite of the fact that I scared the begeebies out of my wife, she actually said yes (sucker!) and we’ve been married for 14 years.

I hope you found this article as useful as I did. One, I watch what I say and others post about me very carefully. Two, I learned to the information I might find with a grain of salt. If I'm really troubled about something, I will ask the potential employee to explain. Generally, if explained, good or bad, I'm more likely to hirer them than one who refuses to explain.

James P
Total Payroll Soluton

Identity Theft Crackdown Sweeps Across the Nation; More than 200 Actions Taken in Past Week in 23 States

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WASHINGTON – The Internal Revenue Service and the Justice Department today announced the results of a massive national sweep cracking down on suspected identity theft perpetrators as part of a stepped-up effort against refund fraud and identity theft.

Working with the Justice Department’s Tax Division and local U.S. Attorneys’ offices, the nationwide effort targeted 105 people in 23 states. The coast-to-coast effort took place over the last week and included indictments, arrests and the execution of search warrants involving the potential theft of thousands of identities and taxpayer refunds. In all, 939 criminal charges are included in the 69 indictments and informations related to identity theft.

In addition, IRS auditors and investigators conducted extensive compliance visits to money service businesses in nine locations across the country in the past week. The approximately 150 visits occurred to help ensure these check-cashing facilities aren’t facilitating refund fraud and identity theft.

“This unprecedented effort against identity theft sends a strong, unmistakable message to anyone considering participating in a refund fraud scheme this tax season,” said IRS Commissioner Doug Shulman. “We are aggressively pursuing cases across the nation with the Justice Department, and people will be going to jail. This is part of a much wider effort underway at the IRS to help protect taxpayers.”

“The Justice Department is working closely with the IRS to investigate, prosecute, and punish tax refund crimes committed through the theft of identities,” said Principal Deputy Assistant Attorney General John A. DiCicco of the Tax Division. “Now, more than ever, we must remain vigilant against the unauthorized use of identification information to defraud the U.S. government.”

The national effort is part of a comprehensive identity theft strategy the IRS has embarked on that is focused on preventing, detecting and resolving identity theft cases as soon as possible. In addition to the law-enforcement crackdown, the IRS has stepped up its internal reviews to spot false tax returns before tax refunds are issued as well as working to help victims of the identity theft refund schemes.

The law-enforcement sweep started last week across the country, reflecting investigative efforts stretching back months and even years.

The nationwide effort by the Justice Department and the IRS led to actions taking place in 23 locations across the country with 105 individuals. The actions included 80 complaints/indictments and informations, 58 arrests, 19 search warrants, 10 guilty pleas and four sentencings. A map of the locations and additional details on the actions are available on IRS.gov, the IRS Civil and Criminal Actions page and the Department of Justice Tax Division page.

Beyond the criminal actions, the IRS enforcement personnel conducted a special sweep last week and on Monday to visit 150 money services businesses to help make sure these businesses are not knowingly or unknowingly facilitating identity theft or refund fraud. The visits occurred in nine high-risk places identified by the IRS covering areas in and surrounding Atlanta, Birmingham, Ala., Chicago, Los Angeles, Miami, New York, Phoenix, Tampa and Washington, D.C.

In addition, the IRS has more than 250 check-cashing operations under audit across the country and will be looking for indicators of identity theft as part of the exam effort.

The information from these audits and compliance visits will be used to assist continuing IRS investigations into refund fraud and identity theft.

The IRS also is taking a number of additional steps this tax season to prevent identity theft and detect refund fraud before it occurs. These efforts includes designing new identity theft screening filters that will improve the IRS’s ability to spot false returns before they are processed and before a refund is issued, as well as expanded efforts to place identity theft indicators on taxpayer accounts to track and manage identity theft incidents.

To help taxpayers, the IRS earlier this month created a new, special section on IRS.gov dedicated to identity theft matters, including YouTube videos, tips for taxpayers and a special guide to assistance. The information includes how to contact the IRS Identity Protection Specialized Unit and tips to protect against “phishing” schemes that can lead to identity theft.

Identity theft occurs when someone uses another’s personal information without their permission to commit fraud or other crimes using the victim’s name, Social Security number or other identifying information. When it comes to federal taxes, taxpayers may not be aware they have become victims of identity theft until they receive a letter from the IRS stating more than one tax return was filed with their information or that IRS records show wages from an employer the taxpayer has not worked for in the past.

If a taxpayer receives a notice from the IRS indicating identity theft, they should follow the instructions in that notice. A taxpayer who believes they are at risk of identity theft due to lost or stolen personal information should contact the IRS immediately so the agency can take action to secure their tax account. The taxpayer should contact the IRS Identity Protection Specialized Unit at 800-908-4490. The taxpayer will be asked to complete the IRS Identity Theft Affidavit, Form 14039, and follow the instructions on the back of the form based on their situation.

Taxpayers looking for additional information can consult the Taxpayer Guide to Identity Theft or the IRS Identity Theft Protection page on the IRS website.

IRS Issues Regs On Exclusion For Injury/Sickness Damages

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The IRS has released final regulations relating to the exclusion from gross income for amounts received on account of personal physical injuries or physical sickness. The final regulations reflect amendments made by the Small Business Job Protection Act of 1996 (P.L. 104-188) and affect taxpayers receiving damages on account of personal physical injuries or physical sickness and taxpayers paying these damages.

The final regulations adopt without substantive change proposed regulations (NPRM REG-127270-06) issued on September 15, 2009. The proposed regulations deleted the requirement that, to qualify for exclusion from gross income, damages received from a legal suit, action, or settlement agreement must be based upon "tort or tort type rights." The proposed regulations provided, instead, that the Code Sec. 104(a)(2) exclusion may apply to damages recovered for a personal physical injury or physical sickness under a statute that does not provide for a broad range of remedies, and that the injury need not be defined as a tort. These regulations are effective January 23, 2012, and apply to damages paid pursuant to a written binding agreement, court decree, or mediation award entered into or issued after September 13, 1995, and received after January 23, 2012. (T.D. 9573, January 20, 2012.)

FUTA Reminders for 2012

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All of the states have now announced their taxable wage bases for 2012. As usual, there are a number of increases over the wage bases set last year. In addition, Nevada has a decrease in its taxable wage base for 2012. In the table below, states having higher 2012 wage bases than the 2011 wage bases are printed in bold. Nevada, with its lower amount, appears in italics.

FUTA tax figures for 2012

The taxable wage base under the Federal Unemployment Tax Act remains $7,000 for 2012. In addition, all 50 states, as well as the District of Columbia, Puerto Rico and the Virgin Islands, have received certifications for the maximum additional credit allowable based on the 12-month period ending on October 31, 2011.

0.2% surtax expires

The FUTA tax rate is 6.2% for wages paid on or after January 1, 2011, through June 30, 2011. It decreases to 6.0% for wages paid after July 1, 2011, through December 31, 2011, because of the mid-year expiration of the FUTA surtax. As we go to press, there has been no legislation reenacting the surtax for either the latter part of 2011 or for 2012.

Credit reduction states

Employers that pay their state unemployment tax timely and in full receive a 5.4% credit. However, that credit is reduced when a state has outstanding federal loans for two consecutive Januarys. The reduction is 0.3% for the first year and an additional 0.3% for each succeeding year until the loan is repaid. A state that has not repaid the money it has borrowed is called a credit reduction state.

The 0.3% credit reduction states for 2011 (for taxes paid in 2012) are Arkansas, California, Connecticut, Florida, Georgia, Illinois, Kentucky, Minnesota, Missouri, Nevada, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, Virginia and Wisconsin, plus the U.S. Virgin Islands. Indiana is a 0.6% credit reduction state and Michigan is a 0.9% credit reduction state. South Carolina has received conditional approval for the full FUTA credit.

Taxable Wage Bases for 2012
State — 2012 Wage Base
Alabama — 8,000
Alaska — 35,800
Arizona — 7,000
Arkansas — 12,000
California — 7,000
Colorado — 11,000
Connecticut — 15,000
Delaware — 10,500
District of Columbia — 9,000
Florida — 8,500
Georgia — 8,500
Hawaii — 38,800
Idaho — 34,100
Illinois — 13,560
Indiana — 9,500
Iowa — 25,300
Kansas — 8,000
Kentucky — 9,000
Louisiana — 7,700
Maine — 12,000
Maryland — 8,500
Massachusetts — 14,000
Michigan — 9,500
Minnesota — 28,000
Mississippi — 14,000
Missouri — 13,000
Montana — 27,000
Nebraska — 9,000
Nevada — 26,400
New Hampshire — 14,000
New Jersey — 30,300
New Mexico — 22,400
New York — 8,500
North Carolina — 20,400
North Dakota — 27,900
Ohio — 9,000
Oklahoma — 19,100
Oregon — 33,000
Pennsylvania — 8,000
Puerto Rico — 7,000
Rhode Island — 19,600*
South Carolina — 12,000
South Dakota — 12,000
Tennessee — 9,000
Texas — 9,000
Utah — 29,500
Vermont — 16,000
Virgin Islands — 23,700
Virginia — 8,000
Washington — 38,200
West Virginia — 12,000
Wisconsin — 13,000
Wyoming — 23,000

* Rhode Island has a two-tier taxable wage base for 2012. For most employers it will be $19,600. For those in the highest tax group (9.79%), the taxable wage base will be $21,100.

IRS Reopens Offshore Voluntary Disclosure Program and Increases Top Penalty

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The IRS has reopened the offshore voluntary disclosure program, which closed in 2011, to encourage taxpayers to disclose unreported foreign accounts. The revived program is open-ended, but the IRS reserved the right to change the terms of the program at any time going forward (IRS News Release 2012-5). Additional details will be posted on the IRS website, the IRS advised.

Comment

IRS Commissioner Douglas Shulman announced the reopening of the offshore voluntary disclosure program by lauding the success of past programs. Shulman reported that the IRS has collected $4.4 billion from the 2009 and 2011 programs. Shulman predicted the IRS will collect additional revenue from the 2011 program as it processes cases.

The reopened program is similar to the 2011 program, but there are some differences. The overall penalty framework requires individuals to pay a penalty of 27.5 percent of the highest aggregate balance in foreign bank accounts/entities or value of foreign assets during the eight full tax years prior to disclosure.

The 2011 program imposed a penalty of 25 percent. Unchanged from the 2011 program are reduced penalties of 12.5 percent and five percent for qualified taxpayers, the IRS explained. Individuals who have made voluntary disclosures after the 2011 program ended will be able to be treated under the provisions of the revived program.

The 2009 and 2011 programs were temporary and required taxpayers to request to participate by certain deadlines. The reopened program has no set deadline. However, the terms of the revived program could change at any point, the IRS cautioned. The IRS indicated it could increase penalties in the program for all, or some, taxpayers or defined classes of taxpayers; or, it could decide to end the revived program entirely.

Comment

Shulman reported that the 2009 and 2011 programs have generated 33,000 voluntary disclosures to date.

In related news, the National Taxpayer Advocate recently has ordered the IRS Large Business & International and Small Business/Self-Employed Divisions in a Taxpayer Assistance Directive (TAD) to revoke a memorandum issued on March 1, 2011, to examiners of open cases in the 2009 offshore voluntary disclosure program. The memorandum directs examiners in certain listed categories of cases to stop using their discretion to determine whether to propose an offshore penalty less than 20 percent.

Comment

According to the National Taxpayer Advocate, the IRS materially changed the terms of the 2009 offshore voluntary disclosure program after taxpayers, who relied on the original terms, applied for it. This resulted in the IRS treating similarly situated taxpayers differently.

Reference: PTE §39,015.15