Payroll Mississippi, Unique Aspects of Mississippi Payroll Law and ...

By Charles Read
The Mississippi State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

State Tax Commission
Income and Franchise Tax Division
P.O. Box 960
Jackson, MS 39205
(601)-923-7083
www.mstc.state.ms.us/taxareas/withhold/main.htm

Mississippi requires that you use Mississippi form "89-350, Mississippi Employee's Withholding Exemption Certificate" instead of a Federal W-4 Form for Mississippi State Income Tax Withholding.


Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Mississippi cafeteria plans are not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.


In Mississippi supplemental wages are required to be aggregated for the state income tax withholding calculation.


You must file your Mississippi state W-2s by magnetic media if you are have at least 50 employees and are required to file your federal W-2s by magnetic media.


The Mississippi State Unemployment Insurance Agency is:

Employment Security Commission
P.O. Box 1699
Jackson, MS 39215-1699
(601) 961-7755
www.mesc.state.ms.us/tax/index.html

The State of Mississippi taxable wage base for unemployment purposes is wages up to $7000.00.


Mississippi has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Mississippi for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Mississippi State Agency charged with enforcing the state wage and hour laws is:

Department of Health
Occupational Safety and Health Branch
2423 North State St.
Jackson, MS 39215
(601) 960-7400


There is no provision for minimum wage in the State of Mississippi.


There is also no general provision in Mississippi State Law covering paying overtime in a non-FLSA covered employer.

Mississippi State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Date of hire
Employee's date of birth.
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 15 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report and $500 for conspiracy in Mississippi.

The Mississippi new hire-reporting agency can be reached at 800-241-1330 or on the web at https://newhirereporting.com/ms-newhire/default.asp

Mississippi does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.



Mississippi has no State Wage and Hour Law provisions concerning pay stub information.

Mississippi requires that employee be paid no less often than semimonthly, biweekly, or on 2nd and 4th Saturdays of month for manufacturers and public service corporations.


Mississippi requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten days after pay period; 15 days for public service corporations.



Mississippi has no general provision on when terminated employees must be paid their final wages.

Deceased employee's wages must be paid when normally due to the surviving spouse or next of kin.


Escheat laws in Mississippi require that unclaimed wages be paid over to the state after five years.


There is no provision in Mississippi law concerning record retention of abandoned wage records.


There is no provision in Mississippi law concerning tip credits against State minimum wage.


In the Mississippi payroll law there is no provision covering required rest or meal periods.

There is no provision in Mississippi law concerning record retention of wage and hour records therefor it is probably wise to follow FLSA guidelines.


The Mississippi agency charged with enforcing Child Support Orders and laws is:

Division of Child Support Enforcement
Department of Human Services
750 N. State Street
Jackson, MS 39205
(601) 359-4863
(800) 948-4010
www.mdhs.state.ms.us/cse.html

Mississippi has the following provisions for child support deductions:

When to start Withholding? First pay period after 14 days from service.
When to send Payment? Within 7 days of Payday.
When to send Termination Notice? "Promptly"
Maximum Administrative Fee? $2 per payment.
Withholding Limits? Federal Rules under CCPA.




Please note that this article is not updated for changes that can and will happen from time to time.




About the author:

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice.
Mr. Read is the author of “How to Start a New Business.”

To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.

For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.


Article Source: http://www.Free-Articles-Zone.com

Payroll Indiana, Unique Aspects of Indiana Payroll Law and Practice

By Charles Read
The Indiana State Agency that oversees the collection and reporting of State income taxes deducted from payroll checks is:

Department of Revenue
Compliance Division
Indiana Govt. Center North
Indianapolis, IN 46204-2253
(317) 233-4018
www.ai.org/dor

Indiana requires that you use Indiana form "WH-4, Employee's Withholding Exemption and County Status Certificate" instead of a Federal W-4 Form for Indiana State Income Tax Withholding.

Not all states allow salary reductions made under Section 125 cafeteria plans or 401(k) to be treated in the same manner as the IRS code allows. In Indiana cafeteria plans are: not taxable for income tax calculation; not taxable for unemployment insurance purposes. 401(k) plan deferrals are: not taxable for income taxes; taxable for unemployment purposes.

In Indiana supplemental wages are taxed at a 3.4% flat rate.

You may file your Indiana State W-2s by magnetic media if you choose to.

The Indiana State Unemployment Insurance Agency is:

Department of Workforce Development
Indiana Government Center S.
10 N. Senate Ave., Rm. 331
Indianapolis, IN 46204-2277
(317) 232-6702
http://www.state.in.us/workcomp/index.html
The State of Indiana taxable wage base for unemployment purposes is wages up to $7,000.00.

Indiana has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Indiana for a minimum period of five years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The Indiana State Agency charged with enforcing the state wage and hour laws is:

Department of Labor
Wage and Hour Division
402 West Washington St., Rm. W195
Indianapolis, IN 46204
(317) 232-2673
http://www.state.in.us/labor/


The minimum wage in Indiana is $5.15 per hour.

The general provision in Indiana concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.

Indiana State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

Employee's name
Employee's address
Employee's social security number
Employer's name
Employers address
Employer's Federal Employer Identification Number (EIN)

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W-4 or equivalent by mail, fax or electronically.
There is a $500 penalty for a late report in Indiana.

The Indiana new hire-reporting agency can be reached at 866-879-0198 or 317-612-3028 or on the web at www.in-newhire.com.


Indiana does not allow compulsory direct deposit

Indiana requires the following information on an employee's pay stub:

straight time and overtime pay
hours worked
itemized deductions


Indiana requires that employee be paid semimonthly or biweekly; less frequently for FLSA-exempt employees.


Indiana requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten days.


Indiana payroll law requires that involuntarily terminated employees must be paid their final pay by their next regular payday and that voluntarily terminated employees must be paid their final pay by the next regular payday.


Deceased employee's wages must be paid when normally due to the surviving spouse; if none, other distributee after affidavit of right; estate not over $25,000.


Escheat laws in Indiana require that unclaimed wages be paid over to the state after one year.

The employer is further required in Indiana to keep a record of the wages abandoned and turned over to the state for a period of 10 years.


Indiana payroll law mandates no more than $3.02 may be used as a tip credit.


In Indiana the payroll laws covering mandatory rest or meal breaks are only that minors under 16 must have 30 minutes during 3rd-5th hour of shift lasting at least 6 hours.


There is no provision in Indiana law concerning record retention of wage and hour records therefor it is probably wise to follow FLSA guidelines.


The Indiana agency charged with enforcing Child Support Orders and laws is:

Bureau of Child Support
402 W. Washington St., Room W360
Indianapolis, IN 46204
(317) 233-5437
http://www.in.gov/dcs/support/index.html


Indiana has the following provisions for child support deductions:

When to start Withholding? 14 working days after the withholding order is mailed to the employer.
When to send Payment? payday
When to send Termination Notice? Within 10 days of termination.
Maximum Administrative Fee? $2 per payment.
Withholding Limits? Federal Rules under CCPA.




Please note that this article is not updated for changes that can and will happen from time to time.




About the author:

Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years, the last fifteen in private practice.
Mr. Read is the author of “How to Start a New Business.”

To find professional payroll service at a budget price go to www.PayrollonaBudget.com a paperless payroll company.

For a full service payroll bureau with CPA’s on staff visit www.CustomPayroll.com .

See an excerpt of Mr. Read’s interviews from William Shatners “Heartbeat of America” television show on the web sites linked above.


Article Source: http://www.Free-Articles-Zone.com

Property Division, Real-Estate, & Washington Divorce Law

By Robert Stark
All property division pursuant to a divorce in Washington state starts from the simple premise that all assets accumulated during the marriage will be presumed to be "community property" and split 50/50. But in practice the 50/50 split often does not end up being the result because of such legally cognizable factors as: the earning power of the parties upon termination of the marriage is highly unequal, one party made the entire down-payment, the property came by inheritance, and quite a few others. Often time this arises in shorter marriages where the parties have acquired a piece of real-estate. So how does one answer this question?

The mortgage rule is a legal tool used to characterize property acquired, using both community and separate funds, over a period of time. Harry M. Cross, The Community Property Law in Washington, 61 WASH. L. REV. 13, 39-49 (rev. 1985). The mortgage rule examines whether both parties concerned were obligated to make payments in order to retain ownership of the disputed asset. If there was no such continuing obligation, then the character of the asset is retrospectively determined to be proportionate to the ratio of separate and/or community funds used to acquire the asset. Absent a continuing obligation, the character of the property is retrospectively determined to be proportionate to the ratio of separate and or community funds used to acquire the property It is precisely this mortgage indebtedness that itself constitutes a contribution to effect the final determination of what proportionate share either party should be entitled to. If the other spouse signs the promissory note they become liable to the bank and later third parties for repayment. Even if that party had low income and no assets to secure the loan it is still a contribution. If separate funds are used to make a contribution and are traceable a lien for the down-payment amount could be found but only to that extent of that separate contribution to the down payment. However, In Re Hurd changes this slightly in that the separate character of a cash down payment can be transformed into community property by titling the home in both parties names. (Thus we see some significance in whose name an item of property actually stands.)

This includes such assets as the appreciation of retirement plans that were purchased before the marriage. The value of such an asset must be analyzed to determine what portion grew or accumulated during the marriage and the value prior to the marriage.

Washington state divorce law purposefully vests a substantial degree of leeway to the Judges hearing your case (and I say Judges because the Commissioners only deal with pre-trial issues, modifications, and contempt; they can't divide the equity in your home or business). Carefully planning from the start of your case is necessary to develop the evidence needed in property characterization. It also gives the attorney time to become familiar with what both parties real financial futures might look like upon final dissolution of the partnership. This is especially important where one is not dealing with a trivial amount of assets, or if you feel your spouse has a significantly higher earning potential.

Division of real estate under Washington state divorce law can also be made not in accordance with whose name is on the title to the property. Whose name the property is titled in, does not settle the matter conclusively but may be considered by the judge among other factors as possible indicia that the parties wished to make it separate.

Seattle Divorce Attorney Robert Stark specialize in Washington State Divorce family law, child custody law, Washington Divorce cases and much more.

Article Source: http://www.ArticleBiz.com

San Diego DUI Lawyers

By groshan fabiola
Having San Diego DUI lawyers on your side means that they can represent you at any administrative proceedings that take place. One of these proceedings may be a hearing about the status of your driving privileges. So, since license suspension is a standard administrative penalty any time anyone is arrested for DUI in New York, San Diego DUI lawyers can help you by representing you during the DMV hearing that is held. You may be able to get a temporary or restricted license that you can at least use to get to work or school while you are waiting for your criminal trial.
Since DUI is a criminal offense, there are also penalties that can be imposed if you are convicted. If this is the case, your San Diego DUI lawyers can speak on your behalf prior to sentencing. Your attorney may ask the judge to grant you leniency based on any number of factors including disability, illness, having a new child at home, having to earn an income to support your family, or having to care for sick parents or children. The judge will consider this information when preparing for sentencing so while there is no guarantee that he or she will be lenient, it is still a good idea to have your San Diego DUI lawyers speak on your behalf so the judge will have all the information needed to make the right sentencing decision.
Having San Diego DUI lawyers offers many benefits for anyone who has been charged with a DUI offense. Your lawyer can help you fight the charges in criminal court, helping you retain your freedom. Your San Diego DUI lawyers can speak on your behalf before criminal sentencing takes place to create a chance for leniency during sentencing.

About the author:
For more resources about drunk driving lawyer or about drunk driving chart or even about San Diego dui attorney, please check out these links.

Article Source: http://www.Free-Articles-Zone.com

No Lawyer Is Above The Law 10 Tips On Suing Errant Lawyers

By Aaron Brooks
A lawyer is not god or above the reach of the law. Most countries including the US have laws that declare that lawyers are accountable for the actions they take and as a professional every lawyer must behave professionally, responsibly, and ethically.

Often the lawyer you hire may not be ethical or squeaky clean, in this case you can protect yourself from legal malpractices by suing your lawyer. Before you file a suit you need to know that you are well within your rights to sue your lawyer.

Lawyers can be sued for malpractice, misrepresentation, inappropriate billing, negligence, breach of fiduciary duties, and breach of contract among many other instances.

To sue a lawyer you need to establish clearly that the lawyer had wronged you. The court needs to know in no uncertain terms that the lawyer let you down on a case you would have otherwise won. Suing a lawyer has to be done quickly, find out from your state bar association or court what the time limit is.

Suing a lawyer is expensive so before you take the final step you should try: meeting your lawyer and laying the cards on the table, try and solve matters; complaint to the local Bar Association; or seek arbitration to resolve the dispute. If nothing works and you are confident of the strength of your case go ahead and sue the lawyer.

To effectively sue your lawyer you must:

1. Keep immaculate records of your case, contract with him, and all meetings, phone calls, and so on. The documentation must be airtight.

2. Prove beyond doubt how much the case has cost you in terms of legal fees and other expenses.

3. Establish clearly that the lawyer did not act properly, dereliction of duty.

4. Prove breach of duty and negligence.

5. Have proof that the lawyer’s lack of interest and misrepresentation hurt you financially.

6. Have documentation showing how the case proceeded and where the lawyer slipped.

7. Keep documentations of unreturned calls, cancelled meetings, and non-appearance at hearings.

8. Show that the lawyer let your case gather dust while he focused on other clients in spite of your many reminders or urgings. That for the lawyer your case held no commitment or interest.

9. Establish that after agreeing to handle your case personally the lawyer left the case work to an assistant or junior.

10. Have proof that the lawyer has misappropriated your funds, over billed you, or settled the case on your behalf with vested interest in the opponent.

Malpractice and law are related and sadly many lawyers forget the wows they took and practice law that is unethical and unlawful Every citizen has the right to justice and so when you have enough evidence to sue the lawyer you must first find a lawyer who will agree to file a suit against your lawyer. Always take a second opinion from a lawyer who is unknown to your lawyer and unrelated to the case that you are fighting. Suing a lawyer means high expenses as even lawyers who handle cases of suing errant lawyers charge exorbitant fees.

Read up extensively on suing a lawyer and refer to different cases to determine how successful you are likely to be. Weigh the pros and cons before you take a final decision.


About the author:
Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. His article profile can be found at the premier Legal Article Submission Directory http://www.1888articles.com/legal-articles-3.html

Article Source: http://www.Free-Articles-Zone.com