LAPEER MICHIGAN WITHHOLDING TAX GUIDE WHO MUST WITHHOLD FROM WHOM TO WITHHOLD Every employer is required to withhold who: Employers are required to withhold from the following employees: 1) has a location in the city; 1) All residents of the City of Lapeer whether or not they work 2) is doing business in the city even though the employer inside the city: has no location in the city. 2) All nonresidents of the City of Lapeer who have the City of Lapeer as their predominant place of employment. An employer is defined as any, “Individual, partnership, association, corporation, nonprofit organization, governmental An employee is anyone from whom an employer withholds for body or unit or agency, or any other entity whether or not taxable either Federal income tax or social security tax. under this ordinance, that employs one or more persons on a salary, bonus, wage, commission or other basis, whether or not PREDOMINANT PLACE OF EMPLOYMENT such employer is engaged in business.” Nonresidents of the City of Lapeer are subject to withholding only if the City of Lapeer is their predominant place of employment. Example: A construction firm from Ohio is doing work in the City of Lapeer. Even though it has no City of Lapeer business location, The Ordinance defines predominant place of employment as “that the firm is required to withhold. city imposing a tax under a uniform city income tax ordinance other than the city of residence, in which the employee estimates he will The employer that has business locations in and out of the city is earn the greatest percentage of his compensation from the required to withhold for all employees working in the City of Lapeer employer, which percentage is 25% or more.” and from all City of Lapeer residents working outside the City. Therefore, the City of Lapeer is a nonresident’s predominant place A nonprofit organization in the city is required to withhold from its of employment if: employees (even though it is not engaging in business activity in 1) The nonresident employee earns a greater percentage of the usual sense). compensation in the City of Lapeer than any other Michigan City with an income tax, except the employee’s REGISTRATION city of residence. Every employer required to withhold Lapeer City Income Tax must 2) This greater percentage constitutes 25% or more of the register by filing its Federal Employer Identification Number with nonresident employee’s total compensation from you. the City. The City will use the Federal number for employer identification. An employee can have only one predominant place of employment. Also required are: 1) Complete name of the employer. If a job is located in another city that levies an income tax and the 2) The correct mailing address for forms and correspondence. individual is a resident of the City of Lapeer, the employer may 3) The approximate number of employees withhold separately for both the City of Lapeer and that city where 4) The date the employer started business or first became the job is located. The rate to be withheld for the City of Lapeer subject to the Lapeer Income tax withholding. would be reduced by the amount withheld for the city where the job 5) The signature and title of the responsible person. is located. The rate adjustment can be no more than .5%. The City of Lapeer resident will still pay a total of 1.0 %, which may include The employer must submit their information to the City of Lapeer at .5% withheld to this city and .5% withheld to another city. The https://www.municonnect.com/lapeer/login_biz.aspx by clicking on resident would need to file a nonresident annual return for the SS-4 towards top of page. other city to be able to claim the credit paid to another city on their resident City of Lapeer return. If a new employer has not received a Federal number, the city will assign a temporary number. This number will be used until the Federal number is assigned, at which time the employer must LW-4 FORMS REQUIRED immediately advise the city. To determine each employee’s place of residence and predominant place of employment each employee must fill out an WITHHOLDING RATES LW-4 Employee’s Withholding Certificate. Only one Form LW-4 is There are two withholding rates: required for each employee even though the employee may be subject to withholding for two cities. The 1% rate is for: 1. City of Lapeer residents working in the City of Lapeer; When properly filled out, the Form LW-4 will give the employee’s 2. City of Lapeer residents working in another City that does city of residence and the two cities, or communities, in which the not have a local income tax. employee earns the greatest percentage of his compensation. Most employees will only have one city of employment. They will The .5% rate is for circle 100% as the percentage of compensation earned in that city. 1. Nonresidents of the City of Lapeer working in the City of Lapeer. The Form LW-4 is also the employee’s statement of the number of 2. City of Lapeer residents working in another City that also exemptions claimed for self, spouse and dependents. has a local income tax. Employers withholding for the City of Lapeer may obtain any The withholding rates are applied after allowing for the quantity of LW-4 forms as needed from the city free of charge. exemptions claimed by the employee. PAGE 1 |
They are also available on the City of Lapeer website at: percent from the employee’s total compensation without benefit of https://www.ci.lapeer.mi.us/forms/income_tax.php exemptions. Do not mail LW-4 forms to the city. These are for the employer’s use and must be retained by the employer. CALCULATING THE AMOUNT TO WITHHOLD The Lapeer City Income Tax is a straight percentage on FROM WHAT PAY TO WITHHOLD compensation after an adjustment for personal exemptions. Each The Ordinance requires that the City of Lapeer income tax be exemption is valued at $600 per year. For various pay periods the withheld from all compensation (salaries, wages, commissions, exemption translates to the amounts in the table below. bonuses, etc.) for services rendered or work performed by City of Lapeer residents, regardless of whether such services or work are Weekly $11.54 performed in or out of the city. Withholding is also required from all Bi-weekly $23.08 compensation for services rendered or work performed in the city Semi-monthly $25.00 by nonresidents where Lapeer is the predominant place of Monthly $50.00 employment. Per Diem $1.64 Vacation, holiday, sick pay and bonus pay to nonresidents who perform part but not all of the work or services in the City of Lapeer The amounts in the table above are used to adjust gross pay for are taxable in the same ratio as their normal activities. payroll withholding. The adjustment is the number of exemptions on form LW-4 times the exemption value. On a weekly payroll for Example: A nonresident employee, who is subject to withholding a wage earner with 3 exemptions the adjustment is 3 times $11.54 on 60% of their earnings, because 60% of their work is performed = $34.62. in the City of Lapeer, is also subject to withholding on 60% of their vacation, holiday, bonus and salary or wage payments during EXAMPLE: Gross pay is $200.00 per week and the wage earner periods of sickness. lives in Lapeer and claims 3 exemptions. The amount taxed is $200.00 minus $34.62 = $165.38. Apply the 1.0% resident rate PAYMENTS NOT SUBJECT TO WITHHOLDING (.01 times $165.38 = $1.65). Withhold $1.65 from the employee Withholding does not apply to: for the week. 1) Wages paid domestic help; 2) Fees paid independent contractors who are not employees The above method is applicable to all City of Lapeer withholding of the payer. for regular payrolls. 3) Payments to a nonresident employee for work or services performed in the City of Lapeer, if the predominant place This booklet contains tables for weekly, bi-weekly, semi-monthly, of employment is not Lapeer; monthly and per diem periods. 4) Payment to a nonresident employee for work or services rendered outside the city; WITHHOLDING REQUIRED FOR RESIDENTS 5) Pensions and annuities, workmen’s compensation and The withholding rate for City of Lapeer residents not subject to similar benefits; withholding in any other city is one percent (1%). This is applied to 6) Amounts paid for sickness, personal injuries or disability the total compensation after allowance for exemptions. (so called excludable sick-pay) to the same extent that these amounts are exempt from the federal income tax, but If a resident of the City of Lapeer’s predominant place of the employer must withhold from such payments if federal employment is in another taxing city the employer would withhold tax is withheld; at the nonresident rate of that taxing city. 7) Amounts paid to an employee as reimbursement for expenses incurred in performing services. WITHHOLDING REQUIRED ON NONRESIDENTS Nonresidents, with their predominant place of employment in the Individuals with income as described above in items 1, 2, and 3 are City of Lapeer, have a withholding rate of .5% (multiply by .005). not subject to withholding on such income, however they are required to file an annual return to report such income if they are DUE DATES City of Lapeer residents, or are nonresidents earning such income L-941payments are due on or before the last day of the month in the City of Lapeer following the close of each calendar quarter (by April 30, July 31, October 31, and January 31). EXEMPTIONS Exemptions of $600 per year are allowed for the employee and The City of Lapeer does not require monthly withholding payments spouse. Additional exemptions are allowed if either the employee but you may make monthly payments if you so desire. Monthly or spouse is 65 or over, blind or handicapped according to the payment coupons are available on our on-line withholding tool. federal rule as described in MCL141.631 of PA 284 of 1964. REPORTING AND PAYING AMOUNTS WITHHELD Individuals who may be claimed as an exemption on the individual return of another may still have a personal exemption for All employers are required to use our online withholding tool at: themselves (this is different from the federal rule). https://www.municonnect.com/Lapeer/login_biz.aspx Exemptions for dependents other than the ones referred to above If you need to be assigned a PIN, please contact our office at are governed by the applicable federal rules. incometax@ci.lapeer.mi.us or 810-667-7155 The withholding may be determined by either a direct percentage The pre-printed L-941 and LW-3 forms available on this website computation or by referring to the tables included in this booklet. must be used whenever possible. If the preprinted data is Use the number of exemptions on the completed LW-4 Employee’s incorrect, mark through the errors and write in the correct Withholding Certificate. Employees should be instructed to claim information. Always be sure the correct withholding period is their actual and true number of exemptions. entered on the deposit form. If an employee fails or refuses to file a form LW-4 with the Check/Money Order Payments: Form L-941 must be submitted employer the ordinance requires the employer to withhold one with payments made by check or cash. If payments have been PAGE 2 |
made monthly the 3 rd monthly payment of each quarter must be An LW-3 Annual Reconciliation form must accompany the W-2 or submitted on Form L-941. LW-2 forms when they are filed with the City of Lapeer. These forms are available from our on-line withholding tool or the City of EFT Payments: EFT payments are set-up through the online Lapeer website or by calling the City of Lapeer income tax office. withholding tool. Form L-941 coupons are not required when making EFT payments. All returns and remittances are to be mailed to: City of Lapeer Income Tax Department ACH Credit Payments: Contact the Lapeer City Income Tax office 576 Liberty Park for information to set-up ACH Credit Payments. Form L-941 Lapeer, MI 48446. coupons are not required when making ACH credit payments. Payments made by check or money order should be sent with If an employer wishes to submit a listing or magnetic media to the appropriate L-941 payment coupon to: Lapeer, in lieu of W-2’s or LW-2’s, contact the City of Lapeer Income Tax Department to get the proper file formatting Lapeer City Income Tax instructions. 576 Liberty Park Lapeer, MI 48446 Any employer who goes out of business or permanently ceases to be an employer must file LW-2’s and an LW-3 by the date his final MAKE CHECKS PAYABLE TO: withholding payment is due. Lapeer City Treasurer ANY FURTHER QUESTIONS CORRECTION OF ERRORS The City Commission has adopted Rules and Regulations which Employer’s errors of over or under withholding should be corrected supplement the Income Tax Ordinance. Copies of the Ordinance as follows: and Rules and Regulations may be obtained on request. In case 1) If the error is discovered in the same quarter in which it of variance between this booklet and the Ordinance, the Ordinance was made, the employer shall make the necessary prevails. adjustment on a subsequent payment. Only the corrected amount should be included in the quarterly return to the Questions and requests for forms should be addressed to: city. City of Lapeer Income Tax Department 2) If the error is discovered in a subsequent quarter of the 576 Liberty Park same calendar year, the employer shall make the Lapeer, MI 48446. necessary adjustment on a subsequent payment and report it as an adjustment on the next quarterly return. Telephone number is (810) 667-7155. 3) If the error is discovered in the following calendar year, the employer shall notify the City of Lapeer Income Tax Department of the error. INTERNET ACCESS TO FORMS AND INSTRUCTIONS City Income tax forms and instructions are available to download If an error is discovered in the withholding of a former employee, off the Internet. The City of Lapeer website address is: notify the City of Lapeer Income Tax Department. www.ci.lapeer.mi.us. ANNUAL REPORTING An annual report must be made on federal form W-2 or City of Lapeer form LW-2 for each employee subject to City of Lapeer income tax whether the tax was withheld or not. The W-2 must give the following information: 1) The name, address, and federal identification number of the withholding employer. 2) The name, home address and social security number of the employee. 3) The total gross wages paid to the employee for the year even if the total wages did not have City of Lapeer tax withheld. 4) The total City of Lapeer tax withheld for the year. The amount of tax withheld must be clearly labeled as being City of Lapeer tax withheld, and the label must be in the appropriate box on the withholding statement. Failure to properly and clearly label the City of Lapeer tax withheld makes the form unacceptable. Improperly labeled forms do not satisfy the withholding tax reporting requirements of the City of Lapeer Income Tax Ordinance, and will not be accepted as the basis for a refund when attached to an individual city income tax return. The City of Lapeer will furnish LW-2 forms. They may be obtained from the City of Lapeer Income Tax Department. The LW-2 is a four-part form comparable to the federal W-2 form. Employers wishing to purchase one of the commercially available W-2 forms in order to combine the city, state and federal reporting in one operation are permitted to do so, providing one copy is submitted to the City of Lapeer by the employer, and one is submitted by the employee with the employee’s annual City of Lapeer Income tax return. PAGE 3 |