PERSONAL INCOME TAX WAGES REPORTED ON THE QUARTERLY CONTRIBUTION RETURN AND REPORT OF WAGES (CONTINUATION) (DE 9C) The purpose of this information sheet is to explain the on the DE 9C. For additional information regarding PIT requirement to report California Personal Income Tax wages and PIT withholding for domestic services, please (PIT) wages in Item H on the Quarterly Contribution refer to the Information Sheet: Personal Income Tax Return and Reports of Wages (Continuation) (DE 9C). Wages Reported on the Quarterly Report of Wages and Withholdings for Employers of Household Workers It may be helpful to keep in mind the purpose for the (DE 3BHW) (DE 231PH). wage items required on the DE 9C. The “Total Subject Wages” in Item G on the DE 9C are wages subject to WHAT ARE WAGES? Unemployment Insurance (UI), Employment Training Tax (ETT), and/or State Disability Insurance* (SDI). The “Wages” are payments made to an employee for “Total Subject Wages” are used to determine UI and SDI personal services and may be paid by cash, check, or benefits. The “PIT Wages” in Item H on the DE 9C are the reasonable cash value of remuneration paid to an used by the Franchise Tax Board (FTB) to determine an employee in any medium other than cash (for example, individual’s income and should agree with amounts in lodging and meals). Wages in any form other than cash Box 17 (“State Wages, Tips, etc.”) on the federal Wage are measured by the fair market value of the goods given and Tax Statement (Form W-2). The “PIT Withheld” as compensation for the employee’s services. in Item I on the DE 9C represents the amount of PIT withheld from the individual’s wages. The FTB utilizes the The definition of wages includes hourly wages, salaries, “PIT Wages” and “PIT Withheld” information to verify an commissions, bonuses, fees, piece rates, incentive individual’s wages and withholding. payments, and certain fringe benefits. Cash tips are also considered wages under certain conditions even if WHAT ARE “PIT WAGES”? tips are paid by the customer and not the employer. For reporting purposes, wages are taxable when paid, made The “PIT Wages” in Item H on the DE 9C are the wages available to the employee, or at the time the employee subject to California PIT which must be reported as receives remuneration other than cash. income on an individual’s California income tax return. Most payments for employee services are reportable For a further explanation of “Wages,” “Total Subject on the DE 9C as PIT wages. Wages,” and wages subject to California PIT withholding, please refer to the Information Sheet: Wages (DE 231A) The PIT wages may not be subject to UI, ETT, SDI, and the California Employer’s Guide (DE 44) “Types of or California PIT withholding in every situation. For Payments” section. example, wages for agricultural and domestic services are subject to UI, SDI, ETT, and reportable as PIT REFERENCES wages, but are excluded from PIT withholding (unless For a more extensive definition of PIT wages, the both the employer and the employee agree to withhold following are recommended: PIT). 1. Refer to the FTB’s Personal Income Tax Booklet However, all wages subject to PIT withholding are for California Resident Forms and Instructions, reportable as PIT wages except for pension, annuity, “Instructions for Form 540/540A, Line 12, State and other deferred income distributions reported Wages.” on a Distributions From Pensions, Annuities, Retirements or Profit-Sharing Plans, IRAs, Insurance 2. If more information is required regarding the Contracts, etc. (federal Form 1099-R). Please refer definition of wages by the federal income tax law to the attached table, which lists examples of the (Internal Revenue Code), please review the following most common reporting differences between “Total publications: Subject Wages,” “PIT Wages,” and “PIT Withheld” *Includes Paid Family Leave (PFL) DE 231PIT Rev. 5 (1-11) (INTERNET) Page 1 of 6 CU |
• Internal Revenue Service (IRS) 1040 booklet The federal (IRS) toll-free number for assistance and and Instructions for Line 7 - Wages, Salaries, ordering forms is (800) 829-1040. If you have access to Tips, etc. the Internet, you may download, view, and print federal income tax forms by accessing IRS’ Web site at • The IRS Publication 17, Your Federal Income Tax www.irs.gov. for Individuals, Chapter 2, “Wages, Salaries, and Other Earnings,“ and “Tip Income.” ADDITIONAL INFORMATION • Sections listed in the index of the Internal Revenue Code under “Compensation.” For further assistance, please contact the Taxpayer Assistance Center at (888) 745-3886 or visit the nearest If you are still unclear on what should be considered Employment Tax Office listed in the DE 44 or access reportable as California PIT wages, please contact the Employment Development Department’s (EDD) Web site FTB at their toll-free number (800) 852-5711 (bilingual at www.edd.ca.gov/Office_Locator/. assistance available). You may also order FTB forms by calling (800) 338-0505. Select and follow the recorded The EDD is an equal opportunity employer/program. instructions for personal income tax forms. If you have Auxiliary aids and services are available upon request to access to the Internet, you may download, view, and individuals with disabilities. Requests for services, aids, print California income tax forms by accessing the FTB and/or alternate formats need to be made by calling Web site at www.ftb.ca.gov. (888) 745-3886 (voice) or TTY (800) 547-9565. This information sheet is provided as a public service and is intended to provide nontechnical assistance. Every attempt has been made to provide information that is consistent with the appropriate statutes, rules, and administrative and court decisions. Any information that is inconsistent with the law, regulations, and administrative and court decisions is not binding on either the Employment Development Department or the taxpayer. Any information provided is not intended to be legal, accounting, tax, investment, or other professional advice. DE 231PIT Rev. 5 (1-11) (INTERNET) Page 2 of 6 CU |
ATTACHMENT REPORTING OF COMMON TYPES OF EMPLOYMENT AND WAGE PAYMENTS The table below lists examples of the most common reporting differences between “Total Subject Wages” and “PIT Wages” on the Quarterly Contribution Return and Report of Wages (Continuation) (DE 9C). As shown in the grid below, some wage items are considered “PIT Wages” and reported in Item H on the DE 9C, even though the wages are not subject to Personal Income Tax (PIT) withholding. The table is based on the “Types of Employment” and “Types of Payments” tables in the California Employer’s Guide (DE 44). Please refer to the DE 44 for further explanations on types of employment and wage payments. TYPES OF EMPLOYMENT AND “TOTAL SUBJECT WAGES” “PIT WAGES” WAGE PAYMENTS Reportable in Item G on the DE 9C Reportable in Item H on the DE 9C Agricultural Labor YES YES, but not subject to PIT Refer to federal Agricultural Employer’s Tax withholding (unless both Guide Publication 51. the employer and employee agree to withhold the tax). Deceased Employee Wages YES (Unless paid after the NO Wages paid to beneficiary or estate after the calendar year in which the date of the worker’s death. employee died). Family Employees NO (This only applies to sole YES Minor child under 18 employed by a father or proprietorships and partner- mother; an individual employed by spouse, ships). Refer to Information registered domestic partner, son, or daughter. Sheet: Family Employment (DE 231FAM). Fishing and Related Activities YES NO Refer to Information Sheet: Commercial Fishing (DE 231CF). Homeworkers (Industrial) YES YES, but not subject to PIT Statutory employees. withholding. Refer to Information Sheet: Statutory Employees (DE 231SE). Homeworkers (Industrial) YES YES, but not subject to PIT Common law employees. withholding. Refer to Information Sheet: Employment (DE 231). Household Employment (Domestic) YES, if employer is required YES, but not subject to PIT In private homes, local college clubs, to be registered. Refer to withholding (unless both fraternities, and sororities. Information Sheet: Household the employer and employee Employment (DE 231L) and/or agree to withhold the tax). Household Employer’s Guide (DE 8829). Lodging and Meals YES YES (Unless furnished for Please refer to the California Employer’s Guide the employer’s convenience (DE 44) or the Tax Rates, Wage Limits, and and on employer’s Value of Meals and Lodging (DE 3395) for the premises). current rate. (Table continued) DE 231PIT Rev. 5 (1-11) (INTERNET) Page 3 of 6 CU |
ATTACHMENT REPORTING OF COMMON TYPES OF EMPLOYMENT AND WAGE PAYMENTS (cont.) TYPES OF EMPLOYMENT AND “TOTAL SUBJECT WAGES” “PIT WAGES” WAGE PAYMENTS Reportable in Item G on the DE 9C Reportable in Item H on the DE 9C Newspaper NO (Unless occupation is NO (Unless occupation is Newspaper carriers under 18 years old regular full-time work). regular full-time work). delivering to consumers. Newspaper NO NO Newspaper and magazine vendors buying at fixed prices and retaining excess from sales to consumers. Noncash Payments NO NO Service not in the course of employer’s trade or business. Religious Organizations (Employees of) NO YES Churches, convention, or associations of churches, or religious organizations which are operated primarily for religious purposes and operated, supervised, controlled, or principally supported by a church, convention, or associations of churches. Refer to Information Sheet: Nonprofit and/or Public Entities (DE 231NP). Retirement and Pension Plans: NO NO, but subject to PIT A. Payments from a qualified plan. withholding (unless the Pension, annuity, and other deferred individual is no longer a income distributions reported on federal resident of California). Form 1099R. Refer to Information Sheet: Withholding from Pensions, Annuities, and Certain Deferred Other Income (DE 231P). B. Employee contributions to a qualified cash YES YES (Unless payments or deferred compensation plan as defined are not includable in Section 401(k) of the Internal Revenue in gross income for Code (IRC). California income tax purposes). C. Employer contributions to a qualified cash NO (Unless the contributions YES (Unless payments or deferred compensation plan as defined result from a salary reduction are not includable in Section 401(k) of the IRC. agreement). in gross income for California income tax purposes). D. Employer contributions to a Simplified NO (Unless the contributions YES (Unless payments Employee Plan- Individual Retirement result from a salary reduction are not includable Arrangement (SEP-IRA) as defined in agreement). in gross income for Section 408(k) of the IRC. California income tax purposes). (Table continued) DE 231PIT Rev. 5 (1-11) (INTERNET) Page 4 of 6 CU |
ATTACHMENT REPORTING OF COMMON TYPES OF EMPLOYMENT AND WAGE PAYMENTS (cont.) TYPES OF EMPLOYMENT AND “TOTAL SUBJECT WAGES” “PIT WAGES” WAGE PAYMENTS Reportable in Item G on the DE 9C Reportable in Item H on the DE 9C E. Employer contributions to a qualified NO (Unless the contributions NO annuity contract as defined in result from a salary reduction Section 403(b) of the IRC (applies to agreement). Section 501(c)(3) of the IRC organizations and public school employers). F. Employer contributions to certain YES (When services are YES nonqualified deferred compensation plans. performed or when there is no substantial risk of a forfeiture of the right to the amount, whichever is later). Salespersons: Refer to Information Sheet: Salespersons (DE 231N). A. Real estate salespersons. YES (Unless certain YES (However, not conditions are met). subject to PIT withholding if certain conditions are met). B. Direct sales salespersons. YES (Unless certain YES (However, not conditions are met). subject to PIT withholding if certain conditions are met). C. Salespersons who are statutory YES YES, but not subject to PIT employees. withholding. Refer to Information Sheet: Statutory Employees (DE 231SE). Sickness or Injury Payments under: A. Workers” Compensation law. NO NO B. Employer plans and contracts of YES (However, not reportable YES, to the extent the insurance. after the end of six calendar payments into the plan were months following the calendar made by the employer and month when the employee were not included in the last worked for the employer). gross taxable income of the employee. Sick Pay Paid by Third-Party Payers YES YES, but not subject to PIT Reportable by the payer, such as insurance withholding unless employee companies and trusts, unless payer notifies requests withholding by filing the recipient’s last employer within 15 days a Request for State Income after payment. Reporting is the responsibility Tax Withholding from Sick of the last employer if timely notified by the Pay (DE 45) with the third- payer. Refer to Information Sheet: Third-Party party payer. Sick Pay (DE 231R). (Table continued) DE 231PIT Rev. 5 (1-11) (INTERNET) Page 5 of 6 CU |
ATTACHMENT REPORTING OF COMMON TYPES OF EMPLOYMENT AND WAGE PAYMENTS (cont.) TYPES OF EMPLOYMENT AND “TOTAL SUBJECT WAGES” “PIT WAGES” WAGE PAYMENTS Reportable in Item G on the DE 9C Reportable in Item H on the DE 9C Students: A. Working for a public or private school, NO YES college or university, if enrolled and regularly attending classes at that school. B. Spouse of student, if such spouse is NO YES advised at the time service commences at the school that employment is provided under a program to provide financial assistance to the student by the school, college, or university, and that employment will not be covered by unemployment insurance. C. Under age 22 enrolled in a full-time NO (Unless the program YES program at a nonprofit or public education established for or on behalf institution. Institution must normally of an employer or group of maintain a regular faculty and curriculum employers). normally have a regularly organized body of students where its educational activities are located. Student’s service must be taken for credit at such institution. It must combine academic instruction with work experience. It must be an integral part of such program, and the institution must have so certified to the employer. D. Student nurse working for a hospital. NO YES E. Full-time student working for an organized NO YES camp. A “full-time student” is enrolled for the current term of academic year or, if between terms, for the immediately preceding period with a reasonable assurance of enrollment in the immediate subsequent period. An “organized camp” offers outdoor living experience for social, spiritual, educational or recreational purposes; must not operate more than seven months a year, or at least 2/3 of its previous yearly gross income must have been in any six of the twelve months of the year. Vacation Pay, Sick Pay, and Holiday Pay NO YES Earned but not paid prior to termination of employment. Worker Adjustment and Retraining Notification NO YES (WARN) Act payments for failure to provide 60-day notice of plant closure or mass layoffs. DE 231PIT Rev. 5 (1-11) (INTERNET) Page 6 of 6 CU |