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135 Cards in this Set

  • Front
  • Back

Common Law Test and categories

IRC way to determine worker as EE or contractor.


Behavioral control


Financial control


Relationship of the parties

Behavioral control

Right to control or direct means by which worker performs the work done

Financial control

Whether worker has the opportunity to make a profit or suffer a loss

Relationship of parties

Determined by examining how the worker amd the ER perceive their relationship. (if w-2 is files or EE receives benefits or is an EE )

SS-8

Form used to receive a definitive IRS ruling as to a workers status (EE or 1099)

Reasonable basis

Defined by sec 530 of revenue act of 1978. ER may treat workers which would be EEs under common law test as 1099 under reasonable basis

Backup withholding

28% is withheld if payee fails to provide Tin or IRS has notified the payer that the Tin is incorrect

W-9

Request for Taxpayer ID number and certification

Federal New Hire Reporting Requirement

EEs name address and ssn


Ers name address and fein


Date of hire

Rehired EE must be reported when they have been separated from organization for how long?

60 days

Ers must report new hires within what time frame

20 calendar datys of DOH

Info required for SSN verification purposes

EEs SSN full name and DOB

White collar exemptions

Administrative (at least $455 a week)


Executive (455)


Any EE who owns at least 20% of enterprise


Professional EE 455


Computer professionals (make more than 27.63 an hour)


Outside sales

Supplemental disability payment

Brings wage of partially disabled worker up to EEs pretty disability wage level

Gift

Amt paid to EE on a special occasion. Not included in EEs regular rate of pay so long as amount does not depend on hrs worked, production, or efficiency.

Engaged to be waiting

Compensable worktime bc ER requires EE to wait to begin work

Waiting to Be engaged

Not worktime bc EE is freed from all duties for a definite period of time and has enough time to pursue personal business before returning to work

Remedial education exemption

ER may employ a worker for up to hrs over 40 Hr workweek without having to pay overtime if extra hours are spent in a remedial education program (not graduated HS and not job specific training)

Minors age 14& 15

Cannot work during school hrs


Limited to 3 hrs a day and 18 a week when school is in session

FMLA

Guarantees EEs 12 weeks of unpaid leave within a 12 month period

I-9

Employment eligibility verification

Form I-551

Permanent resident card (green card) or alien registration receipt card

I-776

Employment authorization document with a photograph

SS-5

Application for social security card-used to obtain new social security card or have card reissued

W-4

EEs with holding allowance certificate


Must be kept four years

1040

U. S. Individual income tax return

Imputed income

Represents the value of the benefits employees receive from from the employer and must be included in employees income aka fringe benefits

Optional flat rate withholding

25% FIT for supplemental wages

Mandatory flat rate method

39.6% of supplemental wages over $1000000

Common control

When determining whether payments are regular or supplemental wages in a year exceed $1mllion an er must consider wage payments made to ee by any other er treated as a single er with the first er

Aggregate method

Must use this method when calculating FIT for supplemental wages when an EE has no federal income tax withheld from regular wages (when it does not excess a million)

SS maximum for EE and ER

$7254

Aggregate method

Must use this method when calculating FIT for supplemental wages when an EE has no federal income tax withheld from regular wages (when it does not excess a million)

SS maximum for EE and ER

$7254

Form 4070

Employees report of tips to employer

SS maximum for EE and ER

$7254

Form 4070

Employees report of tips to employer

CCPA

Costumer Credit Protection Act


Provide legal framework around which state child support withholding laws are constructed

Maximum Amount to Withhold for Child Support

50% of the EEs disposable earnings of EE is supporting another spouse or children


60% if the EE is not supporting


Amts increase to 55% and 65% is in arrears

When do child support orders take effect

No later than the first pay period that begins after 14 working days following the mailing of the notice to withhold to ER

Form 668-W

Notice of Levy on wages, salary, and other income. Instructs employers to remit amounts withheld for the levy on the same day wages are paid to the EE

Form 668-D

Release of Levy/release of property from levy

Form 2159

Payroll deduction agreement

Creditor Garnishment limit

25% of the EEs disposable for the week or the Amt by which the ee disposable earnings for the week exceed 30 tones the federal minimum hourly wage then in effect

Student loan garnishment maximum

15% of EEs disposable earnings or the excess of earnings over 30 times fed min wage

Priorities of withholding disorders

Child support


Bankruptcy


Federal administrative garbishments


Federal tax levies


Student loan


State tax levies


Local tax leviea


Creditor garnishments


Employer deductions


Employee voluntary deductions

Non taxable benefits

No additional cost services


Qualified EE discounts


Working condition fringes


DE minimise fringes


Qualified transportation benefits


On premises athletic facilities


Qualified retirement advice


Qualified moving expense reimbursements


Highly compensated employees

5% owner of the employers stock or capital at any time during the current or preceding year; or received more than $115000 in compensation from the employer during the preceding year

Qualified EE discounts

Discounts on goods cannot exceed the gross profit percentage when goods are sold to customers


Discount on services cannot exceed 20% of the price at which services are offered to customers

Distance test

New workplace must be at least 50 miles farther from old workplace(old residence if no workplace)

Distance test

New workplace must be at least 50 miles farther from old workplace(old residence if no workplace)

Time test

During 12 month period immediately following move the er must expect EE to work full time at least 39 weeks in the general location of the workplace

Two types of deductible moving expenses

Transportation of household goods


Expense from traveling from old home to New home.

Two types of deductible moving expenses

Transportation of household goods


Expense from traveling from old home to New home.

Mileage rate for moving expenses

.235 per mile

Moving expenses listed on w-2

Box 12 code p

Prizes for retail sales people

Non cash prizes awarded to retail salespeople paid solely on a commission basis for exceeding or seeking quotas. Ers do not have to withhold federal income tax from such prizes although they must be reported on w-2. Subject to FICA and Futa

Prizes for retail sales people

Non cash prizes awarded to retail salespeople paid solely on a commission basis for exceeding or seeking quotas. Ers do not have to withhold federal income tax from such prizes although they must be reported on w-2. Subject to FICA and Futa

General valuation method

The fair market value of a company provided vehicle is the amount an individual would pay to lease the same or comparable vehicle in an arms length transaction in the same geographic area for the same length of time

Special valuation methods

Commuting valuation


Annual lease valuation


Vehicle cents per mile valuation

Commuting valuation method

Allows ER to value an EEs personal commuting use of an ER provided vehicle at $1.50 per one way commute amd $3 per round trip

Annual lease value method

The fair market value of EEs personal use of company provided cars is determined by multiplying the annual lease value of the car by the percentage of personal miles driven

Vehicle cents per Mile method

.56 cents per Mile

Qualified deferred compensation plans

Meet requirements of IRS regulations


401k


403b-educational institutions and non profits

Qualified deferred compensation plans

Meet requirements of IRS regulations


401k


403b-educational institutions and non profits

Non qualified deferred compensation plans

Do not meet requirements of IRS regulations. They provide EEs with some of the benefits Osvaldo qualified plan by delaying taxation for federal invoke tax purposes but there is more risk of loss of the deferrals and severe restrictions for deferrals amd distributions from the plan


457 be plan

Semi weekly depositers


Saturday Sunday Monday and Tuesday deposit...

The next Friday

Semi weekly depositers


Saturday Sunday Monday ANS Tuesday deposit...

The next Friday

Semi weekly depositors


Wednesday Thursday and Friday pay days deposits are due...

The next Wednesday

Semi weekly depositers


Saturday Sunday Monday ANS Tuesday deposit...

The next Friday

Semi weekly depositors


Wednesday Thursday and Friday pay days deposits are due...

The next Wednesday

Shortfall rule

An employer satisfies its deposit obligation if the Amt of the shortfall is no more than the greater of $100 or 2% of the entire Amt due so long as the original deposit was made timely and the shortfall is deposited by the appropriate makeup date

EFTPS

Electric federal tax payment system


Most employers are required to make federal tax deposits using EFTPS


All organizations are enrolled in EFTPS when an ein is issued

941-x

Adjusted employers quarterly federal tax return

W-3

Transmittal of wage and tax statements

Reflective listening

Restating what you understand from others statements

Purpose of labor distribution

Payroll expenses are allocated to the job function that the employee worked

Which deferred compensation plans generally do not contain equal benefits for all EEs

Non qualified

What journal entries are required to record $250000 in salaries earned during the last week of July but not paid until the first Friday in August ?

Debit accrued salary expense; credit accrued salary expense

How is a file 940 corrected

By filing an amended 940

Futa taxes over $500 must be deposited...

Quarterly

A non exempt EE is provided room and board. Under Flsa the employees regular rate of pay calculation includes...

100% of the fair market value of the room and board

A non exempt EE is provided room and board. Under Flash the employees regular rate of pay calculation includes...

100% of the fair market value of the room and board

The shortfall make up deposit must be made for a semi weekly depositor by the...

First Wednesday or Friday on or after the 15th of the next month or due date of the return whichever is earliest

When filing paper forms w-2 the due date to the SSA is

Jan 31

EE provides new form w-4 on August 15th. The Employer must retain the prior form w-4 until...

Four years after the last tax return was filed using the info on the w-4

TIN and name reported on 1099 form can be checked by using the

IRSs Tin Matching System

What penalty may be assessed against a company that files its forms w-2 electronically with the SSA on May 15?

$60 per w-2

To correct a direct deposit payment made in error within 5 banking days the Employer must generate a...

Single entry reversal

A procedure that can be put into place instead one person payroll department to ensure adequate controls is to...

Have the accounting department reconcile the payroll bank account

An ER only paid 98% of its tax liability by the due date of Feb 15 when is remaining 2% due

By due date of the quarterly form 941

EEs who are eligible foe direct deposit and receive paychecks sent through the mail are constructively paid

When the checks are delivered

Futa tax credit

5.4%

401k is subject to to which taxes

Social security Medicare and Futa

How may Fit be withheld from desperation pay and accrued vacation wages totaling $20000 that are paid at the time of termination and identified separately from EEs pay stub?

Using supplemental rate or aggregate method

An ER owes $750 in Futa taxes for the first quarter. When is the Futa tax due?

April 30

If an EE is unable to collect As and Medicare on an EEs reported tip income the employer must

Report under withheld amts in Box 12 codes A and B

Wages paid in the same year after an EEs death but issued after the EEs death are subject to what taxes

Social security Medicare and Futa

An ER files both 941 and 943 for workers. At the end of the year he will report wages to SSA with

2 separate w-3s

Primary advantage of developing an in house system

Employer controls entire computer system

The FMLA requires ERs to maintain records for

3 years

When checking for phantom employees which of the following actions should be taken?

Have employees pick up checks/direct deposit advices and show identification

A record of the financial transactions account is a

Ledger

A record of the financial transactions account is a

Ledger

A record of daily transactions of a business is a

Journal

An example of employment data element contained in the master file is

Hourly rate of pay

Payroll documentation ensures that procedures are followed True or false

False

How would an increase to an asset account be posted

Debit

Unacceptable to an external audit officer

Storage of blank payment checks in the payroll department

Statue of ministries correcting a form 941 is

April 15th three years after the close of the tax year error was made

Who distributes EFTPS payments to the receiving financial institutions

ODFI

457b

Common retirement plan for state/city/local government EEs

Qualified parking limit

250

Qualified parking limit

250

Qualified transportation

$130

Cafeteria benefits include

Accident and health insurance


Gtl short and long term disabilitu


HSA and FSA accounts


Elective vacation days


Adoption assistance


Dependent care


Qualified deferred comp plans

Accuracy related penalties

20% of the under payment, 75% of under payment if due to fraud

Failure to make timely deposits

2% 1-5 days late


5% 6-15


10% 16+

Statutory EEs - dish

Drivers


Insurance sales person


Salesperson


Homeworkers


Fit is blocked


FUTA only paid on drivers ANS traveling sales

Statutory Non EEs - sit and read

Sitters


Real estate agents


Direct sellers


Treated as 1099s

Law enforcement OT

6.11

Fire protection OT

7.57

What determines the tax liability of an off cycle check?

When the Weather receives the check

When does a depositer status change because the $50000 threshold during the look back period has been exceeded

Annually

Primary purpose of batch controls is to

Validate entry accuracy

Federal unemployment taxes are used to fund

The administration of the unemployment insurance program

Cafeteria benefits do not include

Educational assistance


DE minimis fringes


Rides in commuter vans


Employee discounts


Qualified transportation fringes


Non qualified retirement plans

OSHA documents

Retention period: 5 years


Work related illness/injury/ accident documents

IRS /SSA/ Futa documents

Retention: 4 years


Copies of tax filings


Voided checks


Earnings records


W-4


3PSP records

Flsa /irca documents

Retention: 3 years


EE information


Hours worked


Earnings


I-9

FMLA documents

Retention: 3 years


Dates of FMLA leave


Documentation of FMLA leave


FMLA plan description


Dispute records

Supplemental records

Retention: 2 years


Time cards


Wage rate tables


Work schedules

Direct deposit process flow

Originator-ODFI-ach-receiver-rdfi

ODFI

Originating depository financial institution (employers bank)

Rdfi

Receiving depository financial institution (employees bank)