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Payroll Legal Alert

Question: Does the Social Security Administration plan to improve the Business Services Online suite of services within W-2 Online?

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STATE WITHHOLDING RATES: Here’s a chart summarizing how states handle income tax withholding on supplemental wages. Note: To get the full story on state tax rates, visit your state tax department’s website.

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Whatever you do, don’t call a U.S. Department of Labor investigator an auditor. Auditors look for nickels and dimes. DOL investigators look for compliance with the Fair Labor Standards Act.

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According to recent statistics, 70% of child support is collected through wage withholding. Even so, some deadbeat parents slip through the cracks. To catch them, the Office of Child Support Enforcement has formed an alliance with employers to implement its newest program—the Passport Denial Program.

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401(k) plans don’t have to allow employees to borrow from their vested account balances. But if they do, the news is grim. According to a recent survey, about 10% of employees who borrow from their 401(k) plans default. The default percentage skyrockets to 80% if employees terminate with outstanding loans.

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Ignoring the IRS won’t make a tax audit go away, advises a senior policy analyst at the IRS. In fact, the opposite is true—ignoring a notification of a payroll audit means that you give up your chance to tell your side of the story and set the record straight.

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Unless Congress acts soon, the end of this year will see the expiration of an unprecedented number of tax provisions. That could cause havoc with your Payroll operations, as the IRS will be forced to delay issuing the 2013 tax tables and, critically, the 2013 withholding tables.

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Question: We verify employees’ names and Social Security numbers through the telephone number employer verification service (TNEV) and the paper option. Are these methods still available?

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Question: Several employees want to participate in two multi-employer 401(k) plans, but their combined contributions would exceed the Section 415 limitations on overall contributions. Can the employees legally participate in both plans during the same year?

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Question: What should an employer do if a client requires the employer to obtain new I-9 forms from all employees who will be working on the client’s premises?

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