Compliance Flashcards
Act that includes a temporary increase in EITC for taxpayers with 3+ qualifying children?
American Recovery and Reinvestment Act of 2009
Act that redefines military differential as W-2 wages.
Heroes Earnings and Relief Tax Act of 2008
Act which requires reporting of employer-provided healthcare on Form W-2
Patient Protection and Affordable Care Act of 2010
After receiving a lock in letter for an employee, the employee submits a new W-4 lowering their allowances below the lock-in letter. What do you do?
Withhold based on the new W-4
After receiving a lock-in letter for an employee, the employee submits a new W-4 raising their allowances above the lock-in letter. What do you do?
Disregard the new W-4 and continue withholding based on the lock-in letter.
Another name for the 100% penalty
Trust Fund Recovery Penalty
Are employers required to use E-Verify?
No, it’s voluntary
Benefits of truncating SSN on Form W-2
Limit potential for SSN to be compromised due to W2 being lost in mail or accidentally or intentionally taken by another employee. Reduce tax refund fraud. Reduce ID Theft.
Can all employers rely on a specific Private Letter Ruling?
No, private letter rulings apply only to the taxpayer that the ruling was made for.
Can an employee specify a fixed dollar or fixed percentage to be withheld on Form W-4?
No. Employee must select marital status and number of allowances. Employee may specify a fixed additional amount to be withheld.
Can a W-4 be implemented retroactively?
No
Can employees elect more or less allowances on Form W-4 than they are entitled to?
Can elect fewer allowances, but not more than entitled.
Can leave taken under FMLA be for periods of time less than a full workday?
Yes
Civil damages for fraudulent filing of Form W-2
$5,000
Data that is included on a Multiple Worksite Report
- Employer name and address
- UI reporting number
- Address of each worksite
- Number or employees at each worksite for month of the quarter for the pay period that includes the 12th of the month.
- Total Quarterly wages at each worksite
Date Form 945 is due
Jan 31st
Dates Form 941 is due
Apr 30, Jul 31, Oct 31 and Jan 31
Deadline for an employee to change their W-4 if a change in status increases the employee’s allowances?
No Deadline
Deadline for an employer to initiate an E-Verify inquiry
The end of 3 business days after the employee’s actual start date.
Deadline for filing Form W-2C?
No specific deadline. File as soon as possible after discovering an error.
The deadline for filing W-2s to the SSA via e-file is?
January 31st
Deadline to file Form 940
January 31st. If you have deposited all your FUTA tax when due you have an additional 10 calendar days to file.
Deadline to implement a new W-4 submitted by an employee.
The state of the 1st payroll period ending on or after the 30th day from the date when you received the replacement Form W-4
Define a primary worksite
Of the worksites filed under a single state unemployment insurance account number the primary worksite is the location with the greatest number of employees.
Define a Private Letter Ruling
A private letter ruling states the IRS decision on how tax law applies to a single taxpayer’s set of facts and circumstances.
Define a qualified employee under FMLA
- Has worked for the employer for 12+ months; the months do not need to be consecutive.
- Has worked at least 1,250 hours during the previous 12 months
- Worked in the U.S. or U.S. possession or territory
- Worked at a location where at least 50 employees are employed by the employer within 75 miles.
Define a Revenue Procedure
An official IRS statement of a procedure on how to comply with a tax rule.
Define a Revenue Ruling
The IRS’ conclusion on how a law is applied to a specific set of facts and circumstances.
Define a secondary worksite.
Any worksite that is not a primary worksite.
Does a permanent resident card substantiate identity and/or employment authorization?
Both identity and employment authorization.
Does a U.S. passport substantiate identity and/or employment authorization?
Both identity and employment authorization
Does a U.S. social security card substantiate identity and/or employment authorization?
Employment authorization only.
Does a U.S. state issued drivers license substantiate identity and/or employment authorization?
Identity only. Must have photo and identifying physical description.
Does FMLA cover public and private sector employees?
Both
Does WARN cover public and private sector employees?
Private sector only.
Do you use the 941X adjustment process or the claim process to correct both 941 over-reported and under-reported amounts?
Either Adjustment or Claim process if filing 941X more than 90 days before the period of limitations expires. Use both the adjustment & claim process if filing 941X within 90 days of the expiration of the period of limitations.
Do you use the 941X Adjustment process or the claim process to correct only Form 941 over-reported amounts?
Either Adjustment or Claim process if filing 941x more than 90 days before the period of limitations expires. Claim process if filing 941X within 90 days of the expiration of the period of limitations.
Do you use the 941X Adjustment process or the Claim process to correct only Form 941 under-reported amounts?
Adjustment process
Due date of Form 8922
Feb 28th
Employees exempted from the notification requirements of WARN
Employees who have worked less than 6 months of the last 12. Workers who average less than 20 hours per week.
An employer must file multiple worksite reports when they have how many employees.
A total of 10 or more employees in all secondary worksites.
Examples of HIPAA Covered Entities
- Hospitals - Doctors - Health Insurance Companies - employer sponsored health plans - Pharmacies
Explain the difference between a Revenue Procedure and a Revenue Ruling
Procedure gives instructions for compliance. Ruling states the IRS’ Position
FICA was split into separate wage bases for Social Security and Medicare as part of what Act?
Omnibus budget Reconciliation Act of 1990
Form 945
Annual Return of Withheld Federal Income Tax
Form 945-A
Annual report of tax liability by date, it is not a summary of deposits made
Form 945 must include reporting of what nonpayroll items?
- pensions - military retirement - gambling winnings - indian gaming profits - certain govt payments subject to voluntary withholding - payments subject to backup withholding - ANC dividends with voluntary withholding
Form 1096
Annual Summary and Transmittal of US Information Returns It must be included with you 1099 filing
Form 4070-A
Employee’s Daily Record of Tips
Form 8027
Employer’s Annual Information Return of Tip Income and Allocated Tips
Form 8922 Box 1
Sick pay subject to federal income tax
Form 8922 Box 2
Federal income tax withheld from sick pay
Form 8922 Box 3
Sick pay subject to social security tax
Form 8922 Box 4
Social security tax withheld from sick pay
Form 8922 Box 5
Sick pay subject to Medicare tax
Form 8922 Box 6
Medicare tax withheld from sick pay
Form to authorize someone to represent you in IRS employment tax audit
Form 2848, Power of Attorney and Declaration of Representative
Form to change business address with the IRS
Form 8822-B
Form W-12
IRS paid preparer tax identification number application and renewal
Government entity that administers FMLA
U.S. Department of Labor
HIPAA stands for?
Health Insurance Portability and Accountability Act of 1996
How does the IRS identify final regulations?
With a “T.D.” before the regulation number
How does the IRS identify temporary regulations?
With a “T” following the regulation number.
How long you must keep undeliverable W-2s
4 years. If you can produce electronically through April 15th of the fourth year after the year at issue you don’t need to keep the hardcopy.
How much leave time is an employee entitled to under FMLA
Entitles a qualified employee up to 12 unpaid weeks of leave during any 12 month period. Leave may be taken intermittently.
How often are multiple worksite reports due
Quarterly
How to report 20% excise tax on excess golden parachute payments on a W-2
Box 12 code K
How to report nontaxable moving expenses paid directly to an employee
W-2 Box 12 code P
How to report nontaxable moving expenses paid to a third party
not reportable
If an employee has a change in status so that they need to decrease their withholding allowances what is the deadline for the employee to submit a new W-4?
Within 10 days of the change in status