Originally posted May 19, 2011 on the old Dundee Group Blog
We are sure most of you are aware that unless Congress takes
action soon, the federal unemployment tax rate (FUTA) is scheduled to
decrease by 0.2%, effective July 1, 2011 as a result of the 0.2% FUTA
surtax expiring June 30. The surtax is part of the 6.2% gross
unemployment tax rate that employers pay on the first $7,000 of wages
paid annually to each employee (6% permanent tax rate, 0.2% temporary
surtax). The surtax has been in effect every year since 1976, when it
was enacted by Congress on a ‘temporary’ basis. It has
been extended several times in the past but unless new legislation is
enacted, the FUTA tax rate, before consideration of state unemployment
tax credits, will drop to 6.0%, effective July 1, 2011.
On the May 12 payroll industry conference call, the IRS was asked
about the surtax. Sherry Saucerman, IRS Tax Analyst, noted that the IRS
has no control over whether Congress enacts legislation to extend the
surtax. She pointed out that the federal unemployment tax return (Form
940) is filed on an annual basis (due January 31 of each year). So it is
possible that even if legislation is not enacted before July 1 to
extend the surtax, it could be enacted prior to January 31 of next year,
and be effective retroactively to July 1. The IRS was then asked how an
employer would compute its upcoming quarterly FUTA tax deposits, which
must be paid by all employers whose FUTA tax is more than $500 for the
calendar year, if the legislation was to be applied retroactively.
Shelley Dockstader, National Account Manager in IRS Electronic Tax
Administration, replied that the IRS would have some mechanism in place
under which an employer would not be assessed deposit penalties if it
computed its third and fourth quarter unemployment tax deposits at a
6.0% rate, and legislation was enacted after the fourth quarter of this
year that retroactively reinstated the surtax.
As of May 16th, the surtax extension hasn't surfaced yet in Congress,
although a proposal in the President's fiscal year 2012 budget would
keep the 0.2% FUTA surtax in effect on a permanent basis. Another budget
proposal would raise the annual FUTA wage base from $7,000 to $15,000
per worker, beginning in 2014. Federal unemployment tax rates would be
lowered, so employers' FUTA liability would not increase.
As new information becomes availible, we will update you on this topic.