Note: The form, instructions, or publication you are looking for begins after this coversheet. Please review the updated information below. Change of Mailing Address for Reporting All Back Pay Under Statute Cases to the Social Security Administration On page 2 of the 2013 Publication 957, the current mailing address for reporting all back pay under statute cases to the Social Security Administration is updated to the following address. Social Security Administration ATTN: DEBS Back Pay Staff OEIO DEBS EAB 3-A-8 6100 Wabash Avenue Baltimore, MD 21215-3757 This change will be included in the next revision of Publication 957. |
Userid: CPM Schema: tipx Leadpct: 100% Pt. size: 10 Draft Ok to Print AH XSL/XML Fileid: … ons/P957/201301/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 12 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Contents Internal Revenue Service Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1. What is Back Pay? . . . . . . . . . . . . . . . . . . . . . . . 1 Publication 957 Reporting Back Pay . . . . . . . . . . . . . . . . . . . . . . 2 (Rev. January 2013) Cat. No. 20985Y Back Pay Under a Statute . . . . . . . . . . . . . . . . . . 3 Nonstatutory Back Pay . . . . . . . . . . . . . . . . . . . . 3 Format for Report to the SSA . . . . . . . . . . . . . . . . 3 Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Reporting 2. Special Wage Payments . . . . . . . . . . . . . . . . . . . 4 Reporting Special Wage Payments . . . . . . . . . . . 5 Back Pay and Reporting Nonstatutory (Nonqualified) Stock Options as Special Wage Payments . . . . . . . . . 7 Nonqualified Deferred Compensation and Special Wage Section 457 Plans . . . . . . . . . . . . . . . . . . . . . . 8 Reporting Payments From Nonqualified Payments to and Nongovernmental Section 457 Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Reporting Payments and Deferrals in the the Social Same Year . . . . . . . . . . . . . . . . . . . . . . . . 9 Security Future Developments For the latest information about developments related to Administration Publication 957, such as legislation enacted after it was published, go to www.irs.gov/pub957. Introduction The Social Security Administration (SSA) has special rules for back pay awarded by a court or government agency to enforce a worker protection statute (law). The SSA also has rules for reporting special wage payments made to employees after they retire. These rules enable the SSA to correctly compute an employee's benefits un- der the social security earnings test. These rules are for social security coverage and benefit purposes only. This publication, written primarily for employers, discusses back pay under a statute and special wage payments. It also explains how to report these payments to the SSA. For more information, visit SSA's website at www.socialsecurity.gov/employer. To get a copy of Form SSA-131, Employer Report of Special Wage Payments, visit SSA's website at www.socialsecurity.gov/online/ ssa-131.html. 1. What is Back Pay? Back pay is pay received in a tax year(s) for actual or deemed employment in an earlier tax year(s). For social security coverage and benefit purposes, all back pay, Get forms and other Information whether or not under a statute, is wages if it is payment for faster and easier by: covered employment. Damages for personal injury, inter- est, penalties, and legal fees included with back pay Internet IRS.gov awards are not wages. Report all back pay. However, the Jan 29, 2013 |
Page 2 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax year(s) for which back pay is credited as wages for so- If employers do notify the SSA of this payment, cial security purposes is different if it is awarded under a they should prepare a special report (with the in- statute. See Back Pay Under a Statute, later, for more in- formation noted below) and send it to: formation. Social Security Administration Attn: CPS Back Pay Staff Reporting Back Pay 7-B-15 SWT The Internal Revenue Service (IRS) and the SSA consider 1500 Woodlawn Drive back pay awards to be wages. However, for income tax Baltimore, MD 21241-0001 purposes, the IRS treats all back pay as wages in the year paid. Be sure to send this special report to the above address because the SSA handles it separately from other reports. Employers should use Form W-2, Wage and Tax State- ment, or electronic wage reports to report back pay as wa- If you paid the back pay award in the same tax ges in the year they actually pay the employee. The SSA TIP year to which it applies, report the wages on that no longer accepts reports on tapes, cartridges, and disk- year's Form W-2. No further action is necessary. ettes. Example. In 2012, Judy Wilson received a salary of Example. In 2012, Terry Morris earned wages of $30,000 and a back pay under statute award of $2,000 for $50,000. In the same year, she received $100,000 in set- the period January through June 2012. Her employer tlement of a back pay case against her employer that cov- properly reported wages of $32,000 for social security and ered the periods January 2007 through December 2011. Medicare on her 2012 Form W-2. No further action is nec- Her employer properly reflected social security wages of essary. $110,100 and Medicare wages of $150,000 on her 2012 Form W-2. Information the SSA needs to properly credit back However, if an employer did not include back pay wa- pay under a statute (special report). After you com- ges on a previously filed Form W-2, magnetic media, or plete the special report, you or the employee should send electronically filed wage report, the employer should pre- it to the SSA when or after you submit the Form W-2 (on pare a wage correction report, Form W-2c, Corrected paper or electronically) to the SSA for the year you pay Wage and Tax Statement, or electronically filed report, to the statutory back pay to the employee. There is no stat- add the back pay award to the wages previously reported. ute of limitations on the filing of the special report to ena- ble the SSA to allocate the wages. The special report Example. If, in the above example, Terry Morris' em- must include the following information. ployer had prepared her 2012 Form W-2 reporting social 1. The employer's name, address, and employer identifi- security and Medicare wages of only $50,000 each, the cation number (EIN). employer would have to correct that report. A Form W-2c correcting the 2012 Form W-2 would show previously re- 2. A signed statement citing the federal or state statute ported social security and Medicare wages of $50,000 under which the payment was made. If the statute is and the correct amount of $110,100 for social security wa- not identified, the SSA will assume the payment was ges and $150,000 for Medicare wages. not under a statute and will not allocate to earlier pe- riod(s). SSA treatment of back pay under a statute. Under the law, the SSA credits back pay awarded under a statute to 3. The name and telephone number of a person to con- an individual's earnings record in the period(s) the wages tact. The SSA may have additional questions con- should have been paid. This is important because wages cerning the back pay case or the individual employ- not credited to the proper year may result in lower social ee's information. security benefits or failure to meet the requirements for 4. A list of employees receiving the payment and the fol- benefits. lowing information for each employee: However, back pay under statute payments will remain posted to the employee's social security earnings record a. The tax year you paid and reported the back pay. in the year reported on Form W-2 (or Form W-2c) unless b. The employee's social security number (SSN). the employer or employee notifies the SSA (in a separate, special report) of the back pay under a statute payment. c. The employee's name (as shown on his or her so- Then, the SSA can allocate the statutory back pay to the cial security card). appropriate periods. d. The amount of the back pay award excluding any If a back pay award is not made under a statute, the amounts specifically designated otherwise, for ex- SSA credits back pay as wages in the year paid. ample, damages for personal injury, interest, pen- alties, and legal fees. e. The period(s) the back pay award covers (begin- ning and ending dates—month and year). Page 2 Publication 957 (January 2013) |
Page 3 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. f. The other wages paid subject to social security Back pay awards, under some of the statutes lis- and/or Medicare taxes and reported in the same ted above, may be compensation for personal in- year as the back pay award (if none, show zero)*. CAUTION! jury and not pay for employment. Such awards Do not include the back pay award shown in that are not wages for social security coverage purposes. wage report. If you originally submitted the report under an establishment number, show that num- If a court-approved or sanctioned settlement agree- ber and the amount of money that is to remain un- ment states that the agreement is not an admission of dis- der that establishment number. crimination, liability, or act of wrongdoing, the statement does not change the nature of a back pay award. The pay- g. The amount to allocate to each reporting period*. ments made in such a settlement may still be back pay This includes any amount you want allocated (if and wages under the rules discussed here. applicable) to the tax year of the award payment. If you do not give the SSA specific amounts to allo- cate, the SSA does the allocation by dividing the Nonstatutory Back Pay back pay award by the number of months or years covered by the award. A payment for back wages negotiated between an em- ployer and employee without an award, determination, or *Note. For periods before January 1, 1978 (before agreement approved or sanctioned by a court or govern- January 1, 1981, for state and local government employ- ment agency, the payment is not made under a statute. ers covered by a Section 218 agreement), show the wage Delayed wage payments and retroactive pay increases re- amounts for each calendar quarter ending March 31, June sulting from union negotiation or payments under local or- 30, September 30, and December 31. For all tax years, dinances or regulations are back pay and are wages. show and identify the social security and/or Medicare However, they are not payments made under a statute. Qualified Government Employment (MQGE) wages (where applicable) separately. MQGE is applicable to fed- If you are uncertain whether the back pay award was eral employees beginning in 1983, and for certain state under a qualified statute, you may need to contact your and local government employees beginning in 1986. For personnel department or legal counsel or the attorney tax years 1991 and later, list the social security and Medi- who filed the suit. care wages separately. If you originally reported the indi- vidual's wages under an establishment or payroll record Format for Report to the SSA unit number, show the amount of wages to remain in the award year for that number and furnish that number to the Use the format shown in Table 1, later, to send the SSA SSA along with the EIN. the information needed to properly credit back pay under a statute. Back Pay Under a Statute In a cover letter, include: Back pay awarded under a statute is a payment by an em- 1. Name and address of the employer, ployer following an award, determination, or agreement approved or sanctioned by a court or government agency 2. Statute under which you paid the back pay, responsible for enforcing a federal or state statute that 3. Name and telephone number of the employer contact, protects an employee's right to employment or wages. and Examples of pertinent statutes include: 4. Signature of the reporting official. Age Discrimination in Employment Act, Under certain circumstances, back pay may be a TIP special wage payment and excluded from wages Americans with Disabilities Act, counted under the social security earnings test. If Equal Pay Act, you pay back pay to an employee age 61 or older, report it to the SSA in accordance with this section. Read Special Fair Labor Standards Act, Wage Payments, later, for additional reporting instruc- tions. National Labor Relations Act, State minimum wage laws, and Questions State statutes that protect rights to employment and If you have questions concerning back pay under a stat- wages. ute, call the SSA at 1-800-772-6270. Payments based on laws that have a similar effect to Exception. If you are a state or local government em- those listed above also may qualify as payments made ployer who was covered by an agreement under Section under a statute. 218 of the Social Security Act before January 1, 1987, and you paid a back pay award before January 1, 1987, which you did not report to the SSA, contact your state Social Security Administrator's office. Publication 957 (January 2013) Page 3 |
Page 4 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 1. Format for Report (Under Covering Letter) to Request SSA to Allocate Back Pay Under Statute Wages Employer's EIN: xx-xxxxxxx Tax Year in Which Award Payment Was Paid: 2012 (1) (2)1 (3)2,3 (4)3 SSN and Award Amount and Other Soc. Sec./Med. Wages Paid Allocation Employee Name Period(s) In Award Year Soc. Sec. Med./MQGE Year Soc. Sec. Med./MQGE xxx-xx-xxxx $100,000 $40,000 $40,000 2009 $20,000 $20,000 HELEN T. SMITH 1/2009 - 12/2012 2010 25,000 25,000 2011 27,000 27,000 2012 28,000 28,000 xxx-xx-xxxx 30,000 -0- -0- 1989 6,000 SAM W. EVANS 7/89-12/91 1990 12,000 1991 12,000 xxx-xx-xxxx 15,000 -0- -0- 9/80 3,500 ROLAND S. 7/80-12/81 12/80 3,500 ADAMS 1981 8,000 1Exclude amounts specifically designated as damages, penalties, etc. 2Exclude the amount of back pay, if any, included in that amount. 3For periods before January 1, 1978 (and for state and local government (Section 218) employers before January 1, 1981), show the wage amounts by calendar quarters. The social security and/or Medicare Qualified Government Employment (MQGE) wages (where applicable) must be shown separately FOR ALL YEARS. (Wages subject ONLY to MQGE would be shown in the Medicare/MQGE column; no wages would be shown in the Soc. Sec. column.) For tax years 1991 and later, the social security and Medicare wages must be listed separately. Explanation of examples. Helen T. Smith–The back pay award, excluding interest, was $100,000 for the periods 1/2009-12/2012. In 2012, this employee was also paid $40,000 in other wages. (Her Form W-2 for 2012 reported $110,100 for social security and $140,000 for Medicare. The SSA allocation will result in adjusted posted wages of $68,000 for social security and $68,000 for Medicare for 2012.) Sam W. Evans–The back pay award was $30,000 for the periods 7/89-12/91. This employee was hired in 1989 and was subject to MQGE only. He was no longer employed by this governmental employer in 2012. (His Form W-2 for 2012 reported $30,000 for social security and $30,000 for Medicare. After the SSA allocation, he will not have any net posted wages for 2012.) Roland S. Adams–The back pay award was $15,000 for the periods 7/80-12/81. He was no longer employed by this state and local government (Section 218) employer in 2012. (His Form W-2 for 2012 reported $15,000 for social security and $15,000 for Medicare; after the SSA allocation, he will not have any net posted wages for 2012.) If the state Social Security Administrator's office reported to the SSA. Special wage payments may include needs more information, they can contact the (but are not limited to): SSA at the following address: Accumulated sick and vacation pay, Back pay, Social Security Administration Office of Income Security Programs Bonuses, Office of Earnings and Program Integrity Policy 6401 Security Boulevard 2506 OPS Deferred compensation, Baltimore, MD 21235 Payments because of retirement, Sales commissions, 2. Special Wage Payments Severance pay, and Stock options. A special wage payment (SWP) is an amount paid by an employer to an employee (or former employee) for serv- ices performed in a prior year. Employers should report to Note. Payments made after retirement that are part of the SSA special wage payments made to employees and the normal payroll cycle should not be routinely reported former employees who are recipients of social security re- as special wage payments. tirement benefits. Special wage payments made to a re- Earnings Test. Benefits paid to a social security benefi- tired employee receiving social security or to an employee ciary under full retirement age may be reduced if the ben- who continues to work while receiving social security ben- eficiary continues to work. The SSA uses the information efits may reduce the benefits the individual receives if not in boxes 1, 3, and 5 of Form W-2 to determine the Page 4 Publication 957 (January 2013) |
Page 5 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. beneficiary's current year earnings. Special wage pay- Online (BSO) via the socialsecurity.gov website. BSO en- ments, which are for services performed in a prior year, ables organizations and authorized individuals to conduct will increase the current year earnings on Form W-2, business with and submit confidential information to the which also may result in a reduction in the beneficiary's Social Security Administration. You must register to use benefits. If a benefit is reduced because of a special wage this website. The web address is www.socialsecurity.gov/ payment, the beneficiary must get documentation from the bso/bsowelcome.htm. employer before the SSA can restore the deducted por- Use the specifications and record layout shown in tion. Therefore, employer reports of special wage pay- Table 2, later. Only one file at a time may be submitted. If ments help prevent incorrect benefit reductions. your file is large (>10MB), or you have a slow internet con- nection, the transmission will be faster if the file is zipped. Reporting Special Wage Payments A zipped file contains a file that has been compressed to reduce its file size. WinZip and PKZIP are examples of ac- Employers must report special wage payments for income ceptable compression packages. tax purposes and social security and Medicare taxes in Electronic submissions not meeting the specifications the year received. Report income, social security, and/or in Table 2 will be rejected. Medicare taxes for special wage payments on Form W-2. Paper listing. A paper listing can be used to report spe- See Nonqualified Deferred Compensation and cial wage payments to several employees. Use the format Section 457 Plans, later, for reporting nonquali- shown in Table 3, later. Submit paper listings to the local CAUTION! fied deferred compensation plan deferrals and SSA office nearest your place of business. Visit payments on Form W-2. www.socialsecurity.gov/locator to find a Social Security office near you. In addition, report to the SSA special wage payments made during the reporting year to retired employees and Form SSA-131. Use Form SSA-131 to report special employees who continue to work while receiving social wage payments made to an employee. Also use this form security benefits. Submit reports after the close of the tax to report nonqualified deferred compensation and section year. To avoid delays in processing, submit reports in time 457 plan deferrals and payments that could not be repor- to reach the SSA by April 1. Use one of the following re- ted in box 11 of Form W-2. porting methods. Electronic reporting. Special wage payment files can be sent electronically by logging onto Business Services Publication 957 (January 2013) Page 5 |
Page 6 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form Approved Social Security Administration OMB No. 0960-0565 EMPLOYER REPORT OF SPECIAL WAGE PAYMENTS PART I - TO BE COMPLETED BY SSA/EMPLOYER: Tax Year Employee Name Employee’s SSN SSA Claim Number (To be completed by SSA) Employer Address PART 2 - TO BE COMPLETED BY EMPLOYER: Employees are sometime paid wages in a year subsequent to the year that the wages were earned. The most common types of payments are accumulated (for prior years) vacation pay or sick pay paid after retirement; deferred compensation; severance pay (when paid on account of retirement) and bonuses--paid pursuant to a prior agreement or contract. Wages which are earned in a year prior to the year they are paid usually do not affect benefits payable under the Social Security annual earnings test. However, for the Social Security Administration to pay benefits accurately, these prior year amounts must be reported to us. The above named individual has filed for Social Security benefits. To ensure that correct Social Security benefits are paid, please complete the information below and return this form to the Social Security Administration. (Please see reverse side for instructions for the completion of this form.) 1. Employer Identification Number 2. Retirement date 3. Date employee last performed services (EIN) (MM/DD/YYYY) (MM/DD/YYYY) If the dates in items 2 and 3 are not the same, please explain the difference. 4. For wages paid to the employee in the “tax year” (see Part I above), enter the amount that was for services performed prior to the tax year; or was not attributable to services rendered during the tax year; or was paid on account of retirement: $ Check the type(s) of wages paid in the tax year but for services performed in a prior year or were paid on account of retirement. Vacation Pay Sick Pay Severance Pay Bonus Deferred Compensation Other (Explain) 5. Will payments listed in item “4” be made for years after the tax year? Yes No If answered Yes, please show the amounts and years in which these amounts will be paid, if known. Amount Year Amount Year 6. Nonqualified deferred compensation and section 457 plans only. If payments and deferrals occurred during the tax year, enter the amount of wages earned by the employee during the tax year. $ Signature Title Date Phone Number (-) Form SSA-131 (8-2001) Destroy Prior Editions EF (06-2002) (Over) Page 6 Publication 957 (January 2013) |
Page 7 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Form SSA–131 EMPLOYER INSTRUCTIONS FOR COMPLETING SPECIAL WAGE PAYMENT FORM 1. Provide the EIN that was used or will be used to report the employee's wages on the Form W-2. 2. Enter the date the employee retired. Enter “Not Retired” if the employee has not retired. 3. Enter the date that the employee last performed services; was not expected to return to work; and was not subject to recall to render additional services. This date should be the same as or earlier than the date in item “2”. Enter “Not Retired” if the employee has not retired. 4. Enter the wages that were paid to the employee in the tax year that were for services that were performed in years prior to the tax year or that were paid on account of retirement. Examples (not all inclusive) of payments to be included: Payments in lieu of vacation that were earned in a year prior to the tax year. Accumulated sick payments which were paid in a lump sum based on “retirement” as the sole condition of payment. Accumulated sick payments paid at or after the date in item 3, which were earned in a year prior to the tax year. Payments “on account of retirement”–dismissal, severance or termination pay paid because of retirement. Bonuses which are paid pursuant to a prior contract, agreement or promise causing the employee to expect such payments regularly; or announced to induce the employee to work more steadily, rapidly or efficiently or to remain with the employer. Stock Options. Do not include in item “4” payments: For annual, sick, holiday, or vacation pay if used (absence from work) prior to the date of retirement (earlier of items “2” or “3”). That were reported or will be reported under “Nonqualified Plans” on the Form W-2. That were deducted from the employee's wages and paid to a deferred compensation plan (e.g., 401k). Employees health and dental plan benefits (non-covered/non-taxable for Social Security Wages). Bonuses earned and paid in the tax year. 5. Check whether payments listed in item 4 will be made for years after the tax year. If yes, please show the amounts and years in which these will be paid, if known. 6. Nonqualified deferred compensation and section 457 plans only. If you were unable to report nonqualified deferred compensation or section 457 plan payments and deferrals (contributions) on Form W-2 because both payments and deferrals occurred during the year, show the amount of wages earned by the employee during the tax year. Generally, the wages earned will be the compensation reported in block 1 of Form W-2 less payments from a nonqualified deferred compensation (or 457) plan, but including any amounts deferred under the plan during the tax year (See IRS Publication 957). Paperwork/Privacy Act Notice: This report is authorized by regulation 20 CFR 404.702. The information that you provide will be used in making a determination regarding the amount of Social Security benefits payable to the above named individual. While your response is voluntary, if you do not respond we may not be able to make a correct determination regarding the amount of Social Security benefits payable to the above named individual for the year in question. We may also use the information you give us when we match records by computer. Matching programs compare our records with those of other Federal, State, or local government agencies. Many agencies may use matching programs to find or prove that a person qualifies for benefits paid by the Federal Government. The law allows us to do this even if you do not agree to it. Explanations about these and other reasons why information you provide us may be used or given out are available in Social Security Offices. If you want to learn more about this, contact any Social Security Office. The Paperwork Reduction Act: This information collection meets the clearance requirements of 44 U.S.C. §3507, as amended by Section 2 of the Paperwork Reduction Act of 1995. You are not required to answer these questions unless we display a valid Office of Management and Budget control number. We estimate that it will take you about 20 minutes to read the instructions, gather the necessary facts, and answer the questions. Form SSA-131 (8-2001) EF (06-2002) Submit Form SSA-131 to the SSA office nearest your Do not report payments from nonqualified defer- place of business. Or, the employee can submit it to the ! red compensation or section 457 plans that were SSA office handling the claim. You or the employee must CAUTION reported in box 11 of Form W-2. Use Form submit this form before the SSA can exclude the special SSA-131 if deferrals to and payments from nonqualified or wage payments for purposes of the earnings test. If re- section 457 plans occurred during the tax year. porting on more than one employee, complete a separate Form SSA-131 for each employee or use the paper listing format (except for reporting nonqualified and section 457 Reporting Nonstatutory plan deferrals and payments) in Table 3. (Nonqualified) Stock Options as Special Wage Payments A nonstatutory (nonqualified) option to purchase stock which is exercised in a year after the year in which the op- tion was earned is a special wage payment. It should not Publication 957 (January 2013) Page 7 |
Page 8 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. count for the social security earnings test. Nonstatutory Report in box 11 of Form W-2 the amount of deferrals, (nonqualified) options exercised as special wage pay- including any accumulated interest, that became taxable ments by retired employees or employees who continue for social security and Medicare taxes during the year (but to work while receiving social security benefits should be were for prior year services) because the deferred reported by employers using the above reporting meth- amounts were no longer subject to a substantial risk of for- ods. feiture. If the employee continues working, future deferrals are social security and Medicare wages when they are Nonqualified Deferred Compensation earned. and Section 457 Plans Do not include in box 11 deferrals that are inclu- ded in boxes 3 and/or 5 and that are for current A nonqualified deferred compensation plan is a plan or ar- CAUTION! year services. rangement established and maintained by an employer for one or more of its employees that provides for the deferral Risk of forfeiture lapses at retirement. When an em- of compensation, but does not meet the requirements for ployee's right to a payment is contingent upon working un- a tax-qualified deferred compensation plan. For social se- til retirement, report all past contributions to the plan (or curity and Medicare purposes, deferred compensation the value of the plan), including accumulated earned inter- plans for employees of state and local governments (sec- est, as social security and/or Medicare wages in the year tion 457 plans) are treated the same as nonqualified of retirement. Add the amount to other wages paid in that plans. Nonqualified and section 457 plans are reported year, and enter in box 3 (up to the wage base maximum) differently than other special wage payments. See Report- and/or box 5 of Form W-2. ing Amounts Deferred to Nonqualified and Section 457 Report in box 11 of Form W-2 the amount of deferrals, Plans below for specific instructions. including any accumulated interest, that became taxable for social security and Medicare taxes during the year (but Reporting Amounts Deferred to were for prior year services) because the deferred Nonqualified and Section 457 Plans amounts were no longer subject to a substantial risk of for- feiture. Generally, when the related services are performed, non- Do not include in box 11 deferrals that are inclu- qualified deferred compensation is subject to social secur- ded in boxes 3 and/or 5 and that are for current ity and Medicare tax when deferred. However, if nonquali- CAUTION! year services. fied and section 457 plans contain provisions that delay the employee's right to receive payments from the plan, a Example—risk of forfeiture. At the end of the period of substantial risk of forfeiture exists. The plans' de- risk-of-forfeiture period for Company Y's nonqualified de- ferrals, or contributions, are not subject to social security ferred compensation plan, Employee B's accumulated de- and Medicare taxes until the period of substantial risk of ferrals, plus interest earned by the plan, are $120,000, not forfeiture ends. including B's $20,000 deferral for this year. B's wages, in- No risk of forfeiture. If there is no risk of forfeiture, re- cluding this year's deferred amount, are $80,000. port wage amounts deferred to a nonqualified deferred Form W-2 Completion Amount compensation or section 457 plan in box 3 (up to the Box 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $60,000 wage base maximum) and/or box 5 of Form W-2. Box 3*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110,100 Box 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200,000 Example. Company X's nonqualified deferred com- Box 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120,000 pensation plan allows the deferral of up to $20,000 of em- *Wage base maximum for tax year 2012 ployee salaries each year. The plan has no risk of forfei- ture. In 2012, Employee A defers $20,000 to the plan from a total salary of $200,000. Reporting Payments From Nonqualified and Nongovernmental Section 457 Plans Form W-2 Completion Amount Box 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $200,000 When an employee or former employee retires and begins Box 3*. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110,100 receiving payments (distributions) from a nonqualified or Box 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200,000 nongovernmental section 457 plan, report the payments in *Wage base maximum for tax year 2012 boxes 1 and 11 of Form W-2. Report payments (distribu- tions) from a governmental section 457 plan on Form Risk of forfeiture lapses before retirement. If the sub- 1099-R, Distributions from Pensions, Annuities, Retire- stantial risk of forfeiture lapses before the employee re- ment or Profit-Sharing Plans, IRAs, Insurance Contracts, tires, report all past contributions to the plan (or the value etc. of the plan), including accumulated earned interest, in box 3 (up to the wage base maximum) and/or box 5 of Example. Employee D retired from the XYZ company Form W-2. The accumulated deferrals are reported along and began receiving social security benefits. XYZ paid D with any other social security and Medicare wages earned a $12,000 bonus upon retirement for sales made in a prior during the year. year, and D received $25,000 in payments from XYZ's Page 8 Publication 957 (January 2013) |
Page 9 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. nonqualified deferred compensation plan. In addition, D Notice 2008-115, 2008-52 I.R.B. 1367, available at agreed to continue performing services for XYZ, but on a www.irs.gov/irb/2008-52_IRB/ar10.html. part-time basis for wages of $15,000 per year. D made no Special reporting rules apply when an NQDC plan is deferrals to the nonqualified plan this year. not compliant with section 409A (when there has been a “plan failure”). Income included under section 409A from Form W-2 Completion Amount an NQDC plan is reported in box 1 and box 12 of Form Box 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $52,000 W-2 using code Z. See Notice 2008-115. Box 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27,000 Box 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27,000 The following examples use small dollar amounts for il- Box 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25,000 lustrative purposes. However, the amount reported in Report the $12,000 bonus to the SSA using electronic reporting, a box 3 of Form W-2 is always limited by the social security paper listing, or Form SSA-131. For more information, see Reporting earnings wage base (for example, $110,100 for 2012). Special Wage Payments, earlier. The term “vested” in the following examples means that the amount deferred is not subject to a substantial risk of Reporting Payments and Deferrals in the forfeiture. Conversely, the term “not vested” means that the amount deferred is subject to a substantial risk of for- Same Year feiture. The examples assume that the NQDC plan is in Do not complete box 11 when payments (distributions) compliance with section 409A, and that amounts deferred are made from a nonqualified plan and deferrals are re- under the plan are not includible in gross income as they ported in boxes 3 and/or 5 of Form W-2 (including current are deferred. For purposes of the examples, it is assumed year deferrals). Report to the SSA on Form SSA-131 the that the regular pay of the employee is remuneration for total amount the employee earned during the tax year. employment and wages for employment tax purposes ex- Normally, the amount earned is the amount reported in cept to the extent the deferral of a portion of the regular box 1 of Form W-2 less payments from a nonqualified or pay results in a reduction in wages. section 457 plan, but including any amounts deferred un- Example 1: Deferral that is immediately vested (no der the plan during the tax year. See Form SSA-131 and substantial risk of forfeiture) with no distributions its instructions, earlier. and no vesting of prior-year deferrals. For the year, Example. Employee K retired this year from Company the employee’s regular pay was $200, and the employee XYZ and began receiving social security benefits. During deferred $20 of the pay into her employer’s NQDC plan. the year he earned wages of $50,000 and deferred The deferral of $20 was vested upon deferral and there $35,000 of the wages into the company's nonqualified de- was an employer match of $10 under the plan, which was ferred compensation plan. K also received $75,000 in also vested. payments from the company's nonqualified plan. Regular pay = $200; Deferral, vested = $20; Employer match, vested = $10. Form W-2 Completion Amount Special Wage Payment. . . . . . . . . . . . . . . . . . . . . . $75,000 Form W-2 Completion Amount Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000 Box 1 ($200 Regular pay minus $20 vested deferral) . . . . $180 Minus: deferral. . . . . . . . . . . . . . . . . . . . . . . . . . . 35,000 Box 3 ($200 Regular pay plus $10 Employer match, Total reported in Box 1. . . . . . . . . . . . . . . . . . . . . . $90,000 vested). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Wages including deferral reported in Box 5 ($200 Regular pay plus $10 Employer match, Boxes 3 and 5. . . . . . . . . . . . . . . . . . . . . . . . . . . $50,000 vested). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 210 Box 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0- Leave Box 11 blank. File Form SSA-131. . . . . . . . . . . -0- Form SSA-131 Completion Amount from Box 1 of Form W-2. . . . . . . . . . . . . . . . $90,000 Example 2: Deferral with delayed vesting (sub- Minus: payments from a nonqualified plan. . . . . . . . . . 75,000 stantial risk of forfeiture) of employee and employer Plus: amounts deferred into the plan during the year. . . . 35,000 portions (no distributions and no vesting of prior-year deferrals). For the year, the employee’s regu- Total wages earned for purposes of Form SSA-131 (item 6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $50,000 lar pay was $200, and the employee deferred $20 of the pay into the employer’s nonqualified deferred compensa- tion plan. The deferral of $20 was not vested upon defer- ral, and there was an employer match of $10 under the Additional Reporting Examples plan, which was also not vested. Regular pay = $200; Deferral, not vested = $20; Em- for Nonqualified Deferred ployer match, not vested = $10. Compensation (NQDC) Plans It is not necessary to show amounts deferred during the year under an NQDC plan subject to section 409A. If you report section 409A deferrals, show the amount in box 12 of Form W-2 using code Y. For more information, see Publication 957 (January 2013) Page 9 |
Page 10 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form W-2 Completion Amount failure, the box 1 amount in this calculation should be as if Box 1 ($200 Regular pay minus $20 Deferral, not there were no plan failure. vested). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180 Box 3 ($200 Regular pay minus $20 Deferral, not Example 5: Deferral that is immediately vested and vested). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 there are distributions (no vesting of prior-year de- Box 5 ($200 Regular pay minus $20 Deferral, not ferrals). For the year, the employee’s regular pay was vested). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 $200, and the employee deferred $20 of the pay into the Box 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -0- employer’s NQDC plan. There was also an employer match of $10. The deferral and employer match were ves- Example 3: Deferral that is immediately vested ted upon deferral. There was no vesting of prior-year de- with prior-year deferrals and investment earnings on ferrals under the plan. During the year, there were total the prior-year deferrals that are now vesting (no dis- distributions of $50 from the plan to the employee. tributions). For the year, the employee’s regular pay Regular pay = $200; Deferral, vested = $20; Employer was $200, and the employee deferred $20 of the pay into match, vested = $10; Distribution = $50. the employer’s nonqualified deferred compensation plan. The deferral of $20 was vested upon deferral. During the Form W-2 Completion Amount year, $100 of prior-year deferrals and $15 of investment Box 1 ($50 Special Wage Payment (Distribution) plus $200 earnings on the $100 of prior-year deferrals became ves- Regular pay minus $20 Deferral, vested). . . . . . . . . . . . $230 ted. Boxes 3 and 5 ($200 Regular pay plus $10 vested Regular pay = $200; Deferral, vested = $20; Vesting of employer match) . . . . . . . . . . . . . . . . . . . . . . . . . . 210 prior-year deferrals = $100; Vesting of investment earn- Leave Box 11 blank. File Form SSA-131. . . . . . . . . . . . -0- ings on $100 of prior-year deferral = $15. Form SSA-131 Completion Item 6 - amount of wages earned by the employee during the tax year ($230 from Box 1 of Form W-2 minus $50 Form W-2 Completion Amount Distribution plus $30 vested current year employee Box 1 ($200 Regular pay minus $20 Deferral, vested). . . $180 deferral and employer match) . . . . . . . . . . . . . . . . . . $210 Box 3 ($200 Regular pay plus $100 vested prior-year deferral plus $15 earnings on deferral) . . . . . . . . . . . . . 315 Example 6: Deferral with delayed vesting and Box 5 ($200 Regular pay plus $100 vested prior-year deferral plus $15 vested investment earnings on prior year there are distributions (no vesting of prior-year de- deferral) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 ferrals). For the year, the employee’s regular pay was Box 11 ($100 vested prior-year deferral plus $15 $200, and the employee deferred $20 of the pay into the earnings) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 employer’s NQDC plan. The deferral was not vested upon deferral. There was no vesting of prior-year deferrals un- Example 4: No deferrals but there are distributions der the plan. During the year, there were total distributions (no vesting of prior-year deferrals). For the year, the of $50 from the plan to the employee. employee’s regular pay was $100, and the employee de- Regular pay = $200; Deferral, not vested = $20; Distri- ferred no pay into the employer’s NQDC plan. There was bution = $50. no vesting of prior-year deferrals under the plan. During the year, there were total distributions of $50 from the plan Form W-2 Completion Amount to the employee. Box 1 ($50 Special Wage Payment (Distribution) plus $200 Regular pay = $100; Distribution = $50. Regular pay minus $20 Deferral, not vested). . . . . . . . . $230 Boxes 3 and 5 ($200 Regular pay minus $20 deferral that is not vested) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 180 Form W-2 Completion Amount . . . . . . . . . . . . . . . . . . . . . 50 Box 11 ($50 Distribution). Box 1 ($100 Regular pay plus $50 Distribution). . . . . . . . $150 Box 3 ($100 Regular pay ) . . . . . . . . . . . . . . . . . . . . . 100 Box 5 ($100 Regular pay) . . . . . . . . . . . . . . . . . . . . . 100 Example 7: Deferral that is immediately vested and Box 11 ($50 Distribution). . . . . . . . . . . . . . . . . . . . . 50 there are distributions (also vesting of prior-year de- ferrals and earnings on those prior-year deferrals). Special rule for box 11 of Form W-2 (distributions For the year, the employee’s regular pay was $200, and and deferral in the same year). If, in the same year, the employee deferred $20 of the pay into the employer’s there are NQDC distributions and there are deferrals that NQDC plan. The deferral was vested upon deferral. There are reportable in boxes 3 and/or 5 (current or prior-year was vesting of $100 of prior-year deferrals and $15 of deferrals) of Form W-2, do not complete box 11. Instead, earnings on the $100 prior-year deferral under the plan. report on Form SSA-131 the total amount the employee During the year, there were total distributions of $50 from earned during the year.* Submit the SSA-131 to the near- the plan to the employee. est SSA office or give it to the employee. Regular pay = $200; Deferral, vested = $20; Distribu- *Generally, the amount earned by the employee during tion = $50; Vesting of prior-year deferrals ($100) and earn- the tax year for purposes of item 6 of Form SSA-131 is the ings on those prior-year deferrals ($15) = $115. amount reported in box 1 of Form W-2 plus current-year deferrals that are vested (employee and employer por- tions) less distributions. Do not consider prior-year defer- rals that are vesting in the current year. If there was a plan Page 10 Publication 957 (January 2013) |
Page 11 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form W-2 Completion Amount amounts under the plan ($115). During the year, there Box 1 ($50 Special Wage Payment (Distribution) plus $200 were total distributions of $50 from the plan to the em- Regular pay minus $20 vested deferral. . . . . . . . . . . . . $230 ployee. Boxes 3 and 5 ($200 Regular pay Plus $115 vested prior Regular pay = $200; Deferral, not vested = $20; Distri- deferral (with vested earnings on the deferral)). . . . . . . . 315 bution = $50; Vesting of prior-year deferrals and employer Leave Box 11 blank. File Form SSA-131. . . . . . . . . . . . -0- match = $100 plus earnings on that $100 of $15. Form SSA-131 Completion Item 6, amount of wages earned by the employee during Form W-2 Completion Amount the tax year ($230 from Box 1 of Form W-2 minus $50 Box 1 ($50 Special Wage Payment (Distribution) plus $200 Distribution plus $20 vested current year deferral) . . . . . $200 regular pay minus $20 Deferral, not vested) . . . . . . . . . $230 Boxes 3 and 5 ($200 Regular pay plus $115 vested Example 8: Deferral with delayed vesting and prior-year deferral and prior year employer match and there are distributions (vesting of prior-year defer- earning on the prior year amounts minus $20 deferral that rals, including employer matches, and earnings on is not vested) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 295 those deferrals). For the year, the employee’s regular Leave Box 11 blank. File Form SSA-131. . . . . . . . . . . . -0- pay was $200, and the employee deferred $20 of the pay Form SSA-131 Completion into the employer’s NQDC plan. The deferral was not ves- Item 6 ($230 Amount from Box 1 of Form W-2 minus $50 ted upon deferral. There was also vesting of prior-year de- Distribution). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $180 ferrals and employer matches and earnings on these Table 2. Specifications for Electronic Reporting of Special Wage Payments Record Position Field Start End Size Description 1 3 3 Record Type—must include only the capital letters “SWP” 4 12 9 SSN—must be numeric and may not be all zeros 13 27 15 Last Name—all capitals and no punctuation; may have blanks on right only 28 38 11 First Name—all capitals and no punctuation; may have blanks on right only 39 39 1 Middle Initial—must be either a capital letter or blank 40 48 9 EIN—must be numeric and may not be all zeros 49 59 11 Payment—must be numeric; may not be all zeros; last two digits on right are assumed to be cents; no period or dollar sign 60 63 4 Payment Year—must be only a four-digit year 64 66 3 SSA Office Code—must be numeric and may be all zeros 67 67 1 Payment Type Code—must be the capital letter “T” 68 117 50 Filler The record format is a fixed length of 117. The file format is ASCII. Submit only one file at a time. Publication 957 (January 2013) Page 11 |
Page 12 of 12 Fileid: … ons/P957/201301/A/XML/Cycle04/source 19:14 - 29-Jan-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 3. Sample—Paper Listing for Reporting Special Wage Payments to Several Employees Report of Special Wage Payments Tax Year: Page of A. Employer Name: EIN: Address: Contact Name: Phone: ( ) .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1) B. Employee Name: (Last) (First) (MI) C. SSN: D. SWP:$ E. Type: Other: 2) B. Employee Name: (Last) (First) (MI) C. SSN: D. SWP:$ E. Type: Other: 3) B. Employee Name: (Last) (First) (MI) C. SSN: D. SWP:$ E. Type: Other: 4) B. Employee Name: (Last) (First) (MI) C. SSN: D. SWP:$ E. Type: Other: 5) B. Employee Name: (Last) (First) (MI) C. SSN: D. SWP:$ E. Type: Other: INSTRUCTIONS: Enter tax year and page number. A. Employer name, employer identification number (EIN), address, the name of a contact person, and a phone number where the contact person can be reached during normal business hours. B. Employee's name. C. Employee's social security number (SSN). D. Total amount of special wage payments made to the employee. E. Type of special wage payment from the following list: (1) Vacation Pay, (2) Sick Pay, (3) Severance Pay, (4) Bonus, (5) Deferred Compensation, (6) Stock Options, and (7) Other—Please explain. Do not use a paper listing for nonqualified deferred compensation and section 457 plan deferrals and payments that could not be reported in block 11 of Form W-2. (Get Form SSA-131.) Page 12 Publication 957 (January 2013) |