Tuesday, February 19, 2008

Payroll Montana, Unique Aspects of Montana Payroll Law and Practice

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

Department of Revenue
Withholding Tax Bureau
P.O. Box 5835
Helena, MT 59604-5835
(406) 444-6900
www.state.mt.us/revenue


Montana does not require you to use a state form to calculate 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 Montana cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.


In Montana supplemental wages are taxed at a 6% flat rate.


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


The Montana State Unemployment Insurance Agency is:

Department of Labor and Industry
Unemployment Insurance Division
1327 Locky, P.O. Box 8020
Helena, MT 59624-8020
(406) 444-6900
http://uid.dli.state.mt.us/

The State of Montana taxable wage base for unemployment purposes is wages up to $20,300.00.


Montana has optional reporting of quarterly wages on magnetic media.

Unemployment records must be retained in Montana 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 Montana State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industry
Labor Standards Bureau
1805 Prospect Avenue
P.O. Box 6518
Helena, MT 59604-6518
(406) 444-5600
http://erd.dli.state.mt.us/LaborStandards/Lswagehr.htm


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


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

Montana 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 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 W4 or equivalent by mail, fax or electronically.
There is no penalty for a late report in Montana.

The Montana new hire-reporting agency can be reached at 888-866-0327 or 406-444-9290 or on the web at http://www.dphhs.mt.gov/aboutus/divisions/childsupportenforcement/relatedtopics/employerinformation.shtml


Montana does not allow compulsory direct deposit.

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

Itemized deductions


Montana has no statutory provision on how often employee must be paid.

Montana requires that the lag time between the end of the pay period and the payment of wages to the employee not exceed ten business days after wages become due; next pay period if timesheets are late.


Montana payroll law requires that involuntarily terminated employees must be paid their final pay immediately, unless employer's written policy extends the time period to the next regular payday or 15 days from date of termination, whichever is earlier. Voluntarily terminated employees must be paid their final pay by the next regular payday or 15 days from date of separation, whichever is earlier.



There is no provision in Montana law concerning paying deceased employees.


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

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


Montana payroll law mandates that there is no tip credit of minimum wage.



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

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


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

Child Support Enforcement Division
Department of Public Health and Human Services
3075 N. Montana Ave., Ste. 112
P.O. Box 202943
Helena, MT 59620-2943
(406) 442-7278
http://www.dphhs.mt.gov/index.shtml

Montana has the following provisions for child support deductions:

When to start Withholding? First pay period after service.
When to send Payment? Within 7 days of Payday.
When to send Termination Notice? "Promptly"
Maximum Administrative Fee? $5 per month.
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 Florida, Unique Aspects of Florida Payroll Law and Practice

By Charles Read
Florida has no State Income Tax. There for there is no State Agency to oversee withholding deposits and reports. There are no State W2's to file, no supplement wage withholding rates and no State W2's to file

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 Florida cafeteria plans are: not taxable for unemployment insurance purposes. 401(k) plan deferrals are: taxable unemployment purposes.


The Florida State Unemployment Insurance Agency is:

Agency for Workforce Innovation
102 Caldwell Bldg.
107 E. Madison St.
Tallahassee, FL 32399-0211
850-488-7228
http://www.floridajobs.org/

The State of Florida taxable wage base for unemployment purposes is wages up to $7,000.00.

Florida requires Magnetic media reporting of quarterly wage reporting if the employer has at least 10 employees that they are reporting that quarter.

Unemployment records must be retained in Florida 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 Florida State Agency charged with enforcing the state wage and hour laws is:

Agency for Workforce Innovation
107 E. Madison St.
Caldwell Bldg.
Tallahassee, FL 32399-0211
850-245-7105
http://www.floridajobs.org/

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

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

Florida 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)

and

Date of hire
Optionally Date of birth

This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a no penalty for a late report in Florida.

The Florida new hire-reporting agency can be reached at 888-854-4791 / 850-656-3343 or on the web at www.fl-newhire.com .

Florida does not allow compulsory direct deposit

In Florida there are no statutory requirements concerning pay frequency or the lag time between when the services are performed and when the employee must be paid.

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

Deceased employee's wages plus travel expenses up to $300.00 must be paid to the surviving spouse, children over 18 or the deceased parents (in that order).

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

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

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

In Florida the payroll laws covering mandatory rest or meal breaks are only that minors must have a 30 minutes meal period after four hours of work.

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

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

Office of Child Support Enforcement
Department of Revenue
P.O. Box 8030
Tallahassee, FL 32314-8030
800-622-5437
http://sun6.dms.state.fl.us/dor/childsupport/

Florida has the following provisions for child support deductions:

When to start Withholding? 1st pay period after 14 days from service
When to send Payment? Within 2 business days of Payday.
When to send Termination Notice? "Promptly"
Maximum Administrative Fee? $5 for 1st payment then $2 each
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 Minnesota, Unique Aspects of Minnesota Payroll Law and ...

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

Department of Revenue
Taxpayer Info. Technical Support
10 River Park Plaza, Mail Station 6501
St. Paul, MN 55146-6501
(651) 282-9999
(800) 657-3594
www.taxes.state.mn.us/


Minnesota does not require you to use a state form to calculate 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 Minnesota cafeteria plans are not taxable for income tax calculation; taxable for unemployment insurance purposes. 401(k) plan deferrals are not taxable for income taxes; taxable for unemployment purposes.

In Minnesota supplemental wages are taxed at a 6.25% flat rate.



You must file your Minnesota State W-2s by magnetic media if you are required to file your federal W-2s by magnetic media.


The Minnesota State Unemployment Insurance Agency is:

Department of Economic Security
390 N. Robert St.
St. Paul, MN 55101
(651) 296-6141
http://www.deed.state.mn.us/bizdev/

The State of Minnesota taxable wage base for unemployment purposes is wages up to $22000.00.

Minnesota requires Magnetic media reporting of quarterly wage reporting if the employer has at least 50 employees that they are reporting that quarter.


Unemployment records must be retained in Minnesota for a minimum period of eight 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 Minnesota State Agency charged with enforcing the state wage and hour laws is:

Department of Labor and Industry
Labor Standards Division
443 Lafayette Rd. N.
St. Paul, MN 55155-4306
(651) 284-5005
http://www.doli.state.mn.us/

The minimum wage in Minnesota is $5.15 (large employers) and $4.90 (small employers) per hour.


The general provision in Minnesota concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 48-hour week.


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

Employee's name
Employee's date of birth.
Date of hire
State of hire
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 W4 or equivalent by mail, fax or electronically.
There is a $25.00 penalty for a late report and $500 for conspiracy in Minnesota.

The Minnesota new hire-reporting agency can be reached at 800-672-4473 or 651-227-4661or on the web at www.mn-newhire.com


Minnesota does not allow compulsory direct deposit

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

Gross and Net Earnings
Employee's name
Pay period ending date
Straight time and overtime pay
Hours worked
Itemized deductions

Minnesota requires that employee be paid no less often than every 30 days; semimonthly for public service corporations; 15-day intervals for laborers.


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


Minnesota payroll law requires that involuntarily terminated employees must be paid their final pay immediately, or within 24 hours of demand and that voluntarily terminated employees must be paid their final pay by the next regular payday; if payday is less than 5 days, then by second payday, but no more than 20 days after discharge.


Deceased employee's wages of $10,000 must be paid to the surviving spouse upon request and after affidavit showing proof of relationship is shown.



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


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


There is no tip credit in Minnesota law concerning State minimum wage.

In Minnesota the payroll laws covering mandatory rest or meal breaks are that a sufficient time to eat a meal during shift of at least 8 hours; adequate time to visit restroom in each 4 hours of work; reasonable time to express breast milk (doesn't need to be paid).



Minnesota statute requires that wage and hour records be kept for a period of not less than three years. These records will normally consist of at least the information required under FLSA.

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

Child Support Enforcement Division
Department of Human Services
444 Lafayette Rd., 4th Fl. S.
St. Paul, MN 55155-3846
(651) 296-2542
www.dhs.state.mn.us/ecs/Program/csed.htm

Minnesota 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? Within 10 days of termination.
Maximum Administrative Fee? $1 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

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