Page 19 - IRS Employer Tax Guide

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For more information, including the definition of a highly to social security, Medicare, and FUTA taxes. These
compensated employee, see Pub. 15-B. taxes don't apply to sick pay paid more than 6 calendar
When taxable fringe benefits are treated as paid. months after the last calendar month in which the em-
You may choose to treat certain taxable noncash fringe ployee worked for the employer. The payments are al-
ways subject to federal income tax. See section 6 of Pub.
benefits as paid by the pay period, by the quarter, or on 15-A for more information.
any other basis you choose, as long as you treat the ben-
efits as paid at least once a year. You don't have to make Identity protection services. The value of identity pro-
a formal choice of payment dates or notify the IRS of the tection services provided by an employer to an employee
dates you choose. You don't have to make this choice for isn't included in an employee's gross income and doesn't
all employees. You may change methods as often as you need to be reported on an information return (such as
like, as long as you treat all benefits provided in a calen- Form W-2) filed for employees. This includes identity pro-
dar year as paid by December 31 of the calendar year. tection services provided before a data breach occurs.
See section 4 of Pub. 15-B for more information, including This exception doesn't apply to cash received instead of
a discussion of the special accounting rule for fringe bene- identity protection services or to proceeds received under
fits provided during November and December. an identity theft insurance policy. For more information,

Valuation of fringe benefits. Generally, you must see Announcement 2015-22, 2015-35 I.R.B. 288, availa-
determine the value of fringe benefits no later than Janu- ble at IRS.gov/irb/2015-35_IRB#ANN-2015-22, and An-
ary 31 of the next year. Before January 31, you may rea- nouncement 2016-02, 2016-3 I.R.B. 283, available at
sonably estimate the value of the fringe benefits for purpo- IRS.gov/irb/2016-03_IRB#ANN-2016-02.
ses of withholding and depositing on time.

Withholding on fringe benefits. You may add the 6. Tips
value of fringe benefits to regular wages for a payroll pe-
riod and figure withholding taxes on the total, or you may
withhold federal income tax on the value of the fringe ben- Cash tips your employee receives from customers are
efits at the optional flat 22% supplemental wage rate. generally subject to withholding. Your employee must re-
However, see Withholding on supplemental wages when port cash tips to you by the 10th of the month after the
an employee receives more than $1 million of supplemen- month the tips are received. Cash tips include tips paid by
tal wages during the calendar year in section 7. cash, check, debit card, and credit card. The report
You may choose not to withhold income tax on the should include tips you paid over to the employee for
value of an employee's personal use of a vehicle you pro- charge customers, tips the employee received directly
vide. You must, however, withhold social security and from customers, and tips received from other employees
Medicare taxes on the use of the vehicle. See Pub. 15-B under any tip-sharing arrangement. Both directly and indi-
for more information on this election. rectly tipped employees must report tips to you. No report
is required for months when tips are less than $20. Your
Depositing taxes on fringe benefits. Once you employee reports the tips on Form 4070 or on a similar
choose when fringe benefits are paid, you must deposit statement. The statement must be signed and dated by
taxes in the same deposit period you treat the fringe bene- the employee and must include:
fits as paid. To avoid a penalty, deposit the taxes following • The employee's name, address, and SSN;
the general deposit rules for that deposit period.
If you determine by January 31 you overestimated the • Your name and address;
value of a fringe benefit at the time you withheld and de- • The month and year (or the beginning and ending
posited for it, you may claim a refund for the overpayment dates, if the statement is for a period of less than 1
or have it applied to your next employment tax return. See calendar month) the report covers; and
Valuation of fringe benefits, earlier. If you underestimated
the value and deposited too little, you may be subject to a • The total of tips received during the month or period.
failure-to-deposit (FTD) penalty. See section 11 for infor-
mation on deposit penalties. Both Forms 4070 and 4070-A, Employee's Daily Re-
If you deposited the required amount of taxes but with- cord of Tips, are included in Pub. 1244, Employee's Daily
held a lesser amount from the employee, you can recover Record of Tips and Report to Employer.
from the employee the social security, Medicare, or in- You’re permitted to establish a system for elec-
come taxes you deposited on his or her behalf, and inclu- TIP tronic tip reporting by employees. See Regula-
ded in the employee's Form W-2. However, you must re- tions section 31.6053-1(d).
cover the income taxes before April 1 of the following
year. Collecting taxes on tips. You must collect federal in-

Sick pay. In general, sick pay is any amount you pay un- come tax, employee social security tax, and employee
Medicare tax on the employee's tips. The withholding
der a plan to an employee who is unable to work because rules for withholding an employee's share of Medicare tax
of sickness or injury. These amounts are sometimes paid on tips also apply to withholding the Additional Medicare
by a third party, such as an insurance company or an em- Tax once wages and tips exceed $200,000 in the calen-
ployees' trust. In either case, these payments are subject dar year.

Page 18 Publication 15 (2020)