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March 19, 2010 - Sage Software’s response to the new HIRE Act-Hiring Incentives to Restore Employment President Barack Obama this week signed into law the $17.5 billion Hiring Incentives to Restore Employment (HIRE) Act which encourages companies to hire unemployed workers by exempting certain wages from Social Security taxes and by providing employers with a tax credit if new hires are retained for at least 52 consecutive weeks. This legislation impacts companies of all sizes.
Synopsis of the portion of the legislation impacting the payroll: Social Security tax exemption The Federal Insurance Contributions Act (FICA) imposes two taxes on employers, employees, and self-employed workers—one for Old Age, Survivors, and Disability Insurance (OASDI, commonly known as the Social Security tax), and the other for Hospital Insurance (HI, commonly known as the Medicare tax). The FICA tax rate for employees and employers is 7.65% each—6.2% for OASDI and 1.45% for HI. There is a maximum amount of compensation subject to the OASDI tax (i.e., $106,800 in 2010), but no maximum for HI. The HIRE Act provides certain employers with relief from their share of the OASDI taxes on wages paid to a "qualified individual." A qualified individual is anyone who:
The bill also provides a similar payroll tax benefit to railroad employers. It is expected that the Social Security tax exemption would be reported on Form 941, Employer's Quarterly Federal Tax Return. The first quarter return (January 1 to March 31, 2010) must be filed by April 30, 2010. However, the bill does not allow the Social Security tax exemption to be claimed with respect to wages paid in the first quarter of 2010. The tax benefit that employers would have received in the first quarter of 2010 will be claimed in the second quarter of 2010 instead. An IRS representative has stated that the IRS will be ready to make changes to Form 941 shortly after the bill is enacted. The legislation calls for the employer Social Security tax exemption for qualified employers, as applicable, for wages paid to the qualified individual during the period beginning on the day after the date of the enactment and ending on December 31, 2010. |
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