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Subject:
When is company supposed to pay Payroll tax on voluntary salary reductions
Category: Business and Money > Accounting Asked by: questionguy7-ga List Price: $20.00 |
Posted:
19 Jan 2005 11:17 PST
Expires: 18 Feb 2005 11:17 PST Question ID: 459947 |
Situation: An employee of a C corp. Company A volunteers to take a temporary 50% salary deferal for x months. The deferred salary gets paid to the employee after x months by Company A in a lump sum. Is it OK for company A to submit payroll taxes on the on the deferred salary at the time of the actual payment of the lump sum or is it supposed to continue paying payroll taxes at the 100% salary even when it is paying the employee at 50%? WHen you answer please include whether you are a registered CPA. |
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Subject:
Re: When is company supposed to pay Payroll tax on voluntary salary reductions
Answered By: wonko-ga on 04 Feb 2005 15:52 PST Rated: |
What you are establishing is essentially a nonqualified deferred compensation plan. As long as the deferred amount "...remains subject to the claims of the employer's creditors in the event of insolvency (i.e., they must be unsecured)," ("Nonqualified Plan Disadvantages") then the employer does not collect Social Security, Medicare, and FUTA taxes until the "...services are performed or the employee no longer has a substantial risk of forfeiting the right to the deferred compensation, whichever is later," ("Publication 15 A" page 13). The employer also does not take a tax deduction until the employee receives the income. Therefore, unless the employee has no risk of not receiving payment, you are correct in not submitting payroll taxes for the lump sum until it is actually paid. I am not a registered CPA, but I have an MS management from MIT and experience navigating the tax code as an employer. Sincerely, Wonko Sources: "Nonqualified Plan Disadvantages" CCH Financial Planning Toolkit (2005) http://www.finance.cch.com/text/c40s10d380.asp "Publication 15 A" IRS (2005) pages 12-13 http://www.irs.gov/pub/irs-pdf/p15a.pdf |
questionguy7-ga
rated this answer:
Good Answer! Thanks |
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Subject:
Re: When is company supposed to pay Payroll tax on voluntary salary reductions
From: respree-ga on 20 Jan 2005 16:10 PST |
I'm not a CPA, but do have some experience in this area. Payroll tax liabilities are created as the result of wages being paid, not earned. You're asking if it is okay to pay the payroll tax at the time of the actual payment. Not only is it okay, but is the appropriate action to take. Hope this helps. |
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