Keyword: Salaries
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
4.3 Interest/Dividends/Other Types of Income: 1099–MISC, Independent Contractors, and Self-employed
I received a Form 1099-MISC for an employee bonus. How do I report
it?
Employee bonuses should be reported on Form W-2, not on Form 1099-MISC.
Contact your employer and ask them to issue the correct form. If they will
not issue you a Form W-2 for the bonus, complete Form 4852 (PDF), Substitute for Form W-2, Wage and Tax Statement. The
bonus amount is reported on Line 7 on your Form 1040 or 1040A or line 1 of Form 1040EZ (PDF).
References:
4.6 Interest/Dividends/Other Types of Income: Employee Reimbursements, Form W–2, Wage Inquiries
On my Form W-2, why would line 1, wages, tips, other compensation,
be different from line 3, social security wages, and line 5, medicare wages
and tips?
When the amount in box 1 is less than the amount in boxes 3 and 5, you
have received some employee compensation that is not subject to Federal income
tax but is subject to Social Security and Medicare taxes. The most common
example of this is deferred compensation, e.g. contributions to a 401(k) plan.
Another example is an employee benefit plan that provides for the contribution
of pretax dollars (e.g. cafeteria plan, flexible spending arrangement, dependent
care plan, etc.).
When the amount in box 1 is more than the amount in boxes 3 and 5, you
have received some employee compensation that is not defined as wages for
the purpose of social security and Medicare taxes. An example of this would
be when a child works for his or her parent in the parent's trade or business
and is under age 18.
References:
Is my employer supposed to include mileage reimbursement as a part
of my gross income on my Form W-2, and do I include it on my return as wages,
tips & salaries?
That depends on whether you were reimbursed under an accountable plan or
under a nonaccountable plan. Generally, an employer will have an accountable
plan if it pays business expenses that would otherwise be deductible by the
employee, requires the employee to substantiate the expense, and does not
permit the employee to keep any reimbursements that exceed expenses. If the
employer does not use an accountable plan, mileage reimbursement would be
included in your wages on Form W-2. For more information on reimbursements
and accountable plans, refer to Chapter 6 of Publication 463, Travel,
Entertainment, Gift, and Car Expenses.
If your mileage reimbursement is included in box 1 on Form W-2, you need
to enter that amount on the "wages, salaries, and tips" line of your tax return.
If you itemize your deductions on Form 1040, Schedule A (PDF), Itemized
Deductions, you may deduct the business transportation expense as an
employee business expense, subject to the 2% limitation of adjusted gross
income. You may usually deduct either your actual business automobile expenses
or use the standard mileage rate. For more information on when you may use
the standard mileage rate, refer to Chapter 4 of Publication 463, Travel,
Entertainment, Gift, and Car Expenses.
References:
Is there any amount of wages too low to report on my tax return?
There is no wage amount too low that you would not include in gross income
on your tax return. If your total income were below your filing requirement,
however, you would not have to file a tax return. However, you may wish to
file to claim a refund of withheld taxes. For information on filing requirements,
please refer to the instructions for your income tax form.
References:
4.10 Interest/Dividends/Other Types of Income: Ministers' Compensation & Housing Allowance
A minister receives a salary plus a housing allowance. Is the housing
allowance income? Where do the minister report it?
A minister's housing allowance, sometimes called a parsonage allowance
or a rental allowance, is excludable from gross income for income tax purposes,
but not for self-employment tax purposes.
If you are a minister and receive as part of your pay for your services
as a minister an amount officially designated as a rental allowance, you can
exclude the allowance from income if the amount is used to provide or rent
a home. However, the exclusion is limited to the lesser of the fair market
rental value (including furnishing, utilities, garage, etc.) the amount officially
designated (in advance of payment) as a rental or housing allowance, or the
actual amount used to provide a home, and cannot exceed what is reasonable
pay for your services.
If housing is furnished to you by your congregation as pay for your services
as a minister, the exclusion cannot be more than what is reasonable pay for
your services, and is limited to the fair market rental value (including furnishings,
utilities, garage, etc.) of the home.
If you own your home and you receive a housing allowance as part of your
pay, for your services as a minister, the exclusion cannot be more than the
smaller of the following:
the amount actually used to provide a home,
the amount officially designated (in advance of payment) as a rental or
housing allowance, or
the fair market rental value of the home, including furnishings, utilities,
garage, etc.
References:
- Publication 517, Social Security and Other Information
for the Members of the Clergy and Religious Workers
- Tax Topic 417, Earnings for clergy
12.1 Small Business/Self-Employed/Other Business: Entities: Sole Proprietor, Partnership, Limited Liability Company/Partnership (LLC/LLP), Corporation, Subchapter S Corporation
Are partners considered employees of a partnership or are they self-employed?
Partners are considered to be self-employed. If you are a member of a partnership
that carries on a trade or business, your distributive share of its income
or loss from that trade or business is net earnings from self-employment.
Limited partners are subject to self-employment tax only on guaranteed payments,
such as salary and professional fees for services rendered.
References:
12.2 Small Business/Self-Employed/Other Business: Form 1099–MISC & Independent Contractors
I received a Form 1099-MISC from a company that paid all workers
this way. Will my income go on line 21 of Form 1040 as Other Income or
on Schedule C?
Do not report the income reported on Form 1099-MISC, box 7 on line 21 if
the income is self employment income. If your income was reported to you on
a Form 1099-MISC, in box 7, the company has treated you as an independent
contractor and your income is treated as self-employment income. You will
need to report that income, and any related expenses, on Form 1040, Schedule C (PDF), Profit or Loss from Business, or you may
qualify to use Form 1040, Schedule C-EZ (PDF), Net
Profit from Business. You will also need to use Form 1040, Schedule SE (PDF), Self-Employment Tax to compute and report
your social security and Medicare tax. You may also need to make quarterly
estimated tax payments. You would use Form 1040ES (PDF), Estimated Tax for Individuals, for this.
References:
- Form 1040, Schedule C (PDF), Profit
or Loss from Business
- Form 1040, Schedule C-EZ (PDF), Net
Profit from Business
-
Instructions for Form 1040, Schedule C
- Form 1040, Schedule SE (PDF), Self-Employment
Tax
- Form 1040ES (PDF), Estimated
Tax for Individuals
- Publication 334, Tax Guide for Small Business
- Tax Topic 355, Estimated Tax
12.3 Small Business/Self-Employed/Other Business: Form W–2, FICA, Medicare, Tips, Employee Benefits
I started a new business. I need information on how to file Forms
W-2?
First of all, Form W-2 (PDF) should
be furnished to your employees by January 31. It is also your responsibility
as an employer to file Forms W-2 with the Social Security Administration
(SSA) for your employees, showing wages paid and taxes withheld for the year.
You must send Copy A to the SSA with Form W-3 (PDF) by February 28. If you file electronically (not by magnetic
media) the due date is March 31. Form W-3 shows the total of all W-2s being
sent. The address is listed in the
Instructions for Form W-2 and W-3. Refer to Tax Topic 752, Form W-2 - Where, When and
How to File, or Publication 15, Circular E, Employer's Tax Guide.
References:
I sold my business and the new owners kept the employees. What is
my requirement as the former owner for filing Forms W-2 for the employees?
If the new owner acquired substantially all of your business property and
retained your employees, you may need to file a final Form 941 (PDF), Employers Quarterly Federal Tax Return . The final Form
941 generally must be filed on or before the last day of the first calendar
month following the quarter for which the return is made. You will need to
furnish Forms W-2 to your employees by the time you are required to file the
final Form 941. You will also need to file Forms W-2 and W-3 on or before
the last day of the second calendar month following the period for which the
final Form 941 is filed.
If you and the new owner agree, you can be relieved of furnishing Forms
W-2 to the employees and filing Forms W-2 and W-3 with the Social Security
Administration. Such an agreement would be allowed if the employees will be
paid wages by the new owner in the same calendar year and the Forms W-2 furnished
to these employees will contain the required information , i.e. wages paid
and taxes withheld, from both employers. The new employer will furnish Forms
W-2 to the employees and will also file the required Forms W-2 and W-3 with
the Social Security Administration. These actions will follow the normal end-of-year
time lines. You will remain responsible for the Form W-2 and W-3 reporting
obligations for the employees who are not employed by the new owner.
Please refer to Revenue Procedure 96-60 for a full discussion
of this situation.
References:
12.6 Small Business/Self-Employed/Other Business: Forms 941, 940, Employment Taxes
All of the Forms 941 that I can find ask for the number of employees
on record as of March 12th. Is there a similar form for the second quarter?
The Form 941 is the same for all 4 quarters. Only on the January-March
calendar quarter Form 941 should you enter the number of employees on your
payroll during the pay period that includes March 12. You do not need to answer
this question on the Forms 941 for the other 3 quarters.
References:
We are about to hire employees and need to know how much tax to
take out and where to send this money?
You will need to secure a completed Form W-4 (PDF), Employee's Withholding Allowance Certificate, from
each employee. You will need Publication 15, Circular E, Employer's
Tax Guide, and Publication 15-A (PDF), Employer's
Supplemental Tax Guide, to determine the amount of withholding and for
directions on depositing the withholding amounts and other employment taxes.
Publication 15T, New Withholding Tables contains the revised withholding
tables. The change is a result of the Jobs and Growth Tax Relief Reconciliation
Act of 2003. This publication is a supplement to Publication 15.
Generally, employers will quarterly file Form 941 (PDF), Employer's Quarterly Federal Tax Return, and annually
file Form 940 (PDF), Employer's Annual Federal
Unemployment Tax Return (FUTA), and Form W-2 (PDF), Wage and Tax Statement, with Form W-3 (PDF), Transmittal of Income and Tax Statements.
References:
- Publication 15, Circular E, Employer's Tax Guide
- Publication 15-A (PDF), Employer's
Supplemental Tax Guide
- Form 940 (PDF), Employer's Annual
Federal Unemployment Tax Return
- Form 941 (PDF), Employer's
Quarterly Federal Tax Return
- Form W-2 (PDF), Wage
and Tax Statement
- Form W-3 (PDF), Transmittal
of Income and Tax Statements
- Form W-4 (PDF), Employee's
Withholding Allowance Certificate
- Publication 15-T (PDF) , New
Withholding Tables (For wages Paid Through December 2004)
If a new employee has reached the limit for social security wage
base with a previous employer in the same year, does the new employer need
to withhold FICA taxes on wages paid for both the company and employee?
Yes, the social security wages base limit is applied to each separately
employer. The individual employee is subject to social security taxes up to
the maximum amount from each employer. As a result of an employee working
for two or more employers in the same year, social security tax in excess
of the maximum wage base may be withheld from his or her pay. An employee
can claim the excess of social security tax withheld from pay resulting from
working for two or more employers as a credit against the employee's income
tax when filing Form 1040 (PDF), U.S. Individual
Income Tax Return. However, there is no provision for an employer to
get a credit for the employer portion of social security tax paid in this
situation. There is no wage limit on the Hospital Insurance tax.
References:
We have an employee who has reached the limit for social security
tax. We understand that this limits withholding requirements on the employee's
portion of social security tax. However, is the employer still required to
contribute their portion of the social security tax for this employee?
The employer is subject to the same social security tax rate and wage base
limits as the employee. When the employee reaches their limitation, the employer
also reaches the limitation and no longer has to pay social security taxes
for that employee.
References:
If an employee is collecting social security benefits, is the employer
required to take out social security and medicare taxes?
Yes, the employer is required to follow the withholding requirements for
social security and medicare taxes even if an employee is collecting social
security benefits. Per Chapter 9 of Publication 15, Circular E, Employer's
Tax Guide, employee wages are subject to social security and Medicare
taxes regardless of the employee's age or whether he or she is receiving social
security benefits.
References:
What are the maximum wages subject to social security and the maximum
social security tax to be withheld for 2003?
The maximum wages subject to social security is $87,000 for 2003 resulting
in a maximum for the employee portion of social security tax of $5,394.00
(of course, there is no limit on wages subject to medicare tax). Additional
information can be found at the Social Security
Administration web site.
References:
12.8 Small Business/Self-Employed/Other Business: Schedule C & Schedule SE
I am self-employed. How do I report my income and how do I pay Medicare
and social security taxes?
Your self-employment income is reported on Form 1040, Schedule C (PDF), Profit or Loss from Business, or on Form 1040, Schedule C-EZ (PDF), Net Profit from Business.
Your Medicare and social security taxes are reported on Form 1040, Schedule SE (PDF), Self-Employment Tax.
As a self-employed person, you pay your Medicare and social security taxes
the same way you pay your income taxes. If you expect to owe less than $1,000
in total taxes, you can pay them when you file your income tax return. If
you expect to owe $1,000 or more in total taxes, you will need to make estimated
tax payments. These payments are made quarterly using Form 1040ES (PDF), Estimated Tax for Individuals. You will
need to figure these taxes at the beginning of the year. To learn about figuring
and making estimated tax payments, please refer to Publication 505, Tax
Withholding and Estimated Tax.
References:
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