California Payroll Taxes and Employer Responsibilities

State payroll taxes differ from state to state and must be paid in addition to federal payroll taxes and any form of voluntary payroll deduction. Failure to withhold employee payroll taxes, failure to deposit your payroll tax payments, and failure to accurately file your respective quarterly tax returns and end-of-the-year tax reports can result in hefty fines and an even heftier headache.

If you are setting up a small business in the Golden State or are in the process of hiring your first employees, it is important to get things right from the get-go and adhere to California Payroll Taxes and Employer Responsibilities. Here’s what you will need to know:

 

California State Payroll Taxes vs. Federal Payroll Taxes

Every employee is entitled to fair wages. These fair wages are paid out as net pay, which is gross pay (pay rate times hours worked) minus mandatory payroll tax deductions, and voluntary payroll deductions.

In California, employees must be paid twice a month: payment for the days worked between the 1st and the 15th of the month must be paid on or before the 26th of the month, and payment for the days between the 16th and the last day of the month must be paid on or before the 10th day of the next month.

Every pay slip an employee receives must mark their respective payroll taxes. These can be further divided into federal payroll taxes, state payroll taxes, local payroll taxes, and voluntary payroll deductions.

It is among the many duties an employer has to ensure that every payment an employer makes to their employee withholds the prerequisite amounts needed to pay for each of the aforementioned obligations. Furthermore, employers must match each employee’s Social Security tax withholding and Medicare tax withholding amounts with the company’s coffers.

 

Getting Started With California's Payroll Taxes and Employer Responsibilities

Before we get started with issuing payments to people, let’s take it from the top.

If you have registered as a small business in California, you may consider hiring someone to help you out. If you want to hire someone and pay them wages of over $100 in a calendar quarter, then you must register as an employer with California’s Employment Development Department. This can be done online.

Once you are an employer under California’s laws, you must set up a payroll. Organize your payroll through a third-party application, or independently. Payments must be made at least twice a month, but you can pay employees every week if you’d like. Every paycheck must be preceded by an advance notice of payment, and paydays must be kept regular.

Payroll information is crucial. You must know what your employees owe in taxes. Some of this can be based on their gross pay. Some of it is based on their tax information, including their filing status. This is where payroll forms are important, especially those pertinent to the state. You can find the federal payroll forms under the IRS Employment Tax Forms page, and the California Tax Service Center’s info on payroll tax forms.

Once you’ve retrieved your employee’s information, you must accurately track their working hours to establish gross pay.

Finally, you have the information you need to calculate payroll, including California payroll taxes. This is where most of the legwork is involved. The IRS and California tax authority provide ample information to calculate payroll taxes, including how to determine income tax withholding and other mandatory state and federal taxes. This is where the help of a tax professional, CPA, or payroll software can greatly simplify things.

Once you have paid your employees, you must take the money you’ve withheld from their paychecks to the respective state, local, and federal tax authorities. Federal tax payments can be made directly to the IRS.gov website through the Electronic Federal Tax Payment System (EFTPS). Payments to the California tax authority can be made through their website. You can opt to make payroll tax deposits monthly, or semi-weekly.

Last but not least, your tax returns. Employers must file quarterly or monthly tax returns via Forms 941 or 944, as well as annual tax reports via per-employee Form W-2s, or Form 1099s for independent contractors. This leads us to the last point.

 

The Importance of Proper Documentation

Most cases of conflict between state or federal tax authorities and small businesses could be resolved quickly or avoided altogether via a neat and organized paper trail. Don’t give yourself time to lose these documents or lose track of where things go!

Set up a paper filing and electronic filing system to store all relevant information, including per-employee binders, backups of your payroll software information, wage calculations, time sheets for the last few years, and templates for each of your monthly, quarterly, and annual tax paperwork.

 

In Trouble?

Managing a small business can be challenging. If you are at the helm alone, then that means a mountain of paperwork to take care of every day, in addition to your responsibilities as a managing business owner.

Growing and expanding your operations while simultaneously contending with California's Payroll Taxes and Employer Responsibilities that come with business ownership can be frustrating. Even simple mistakes are heavily punished at times. State tax agencies and the IRS come down hard on people who fail to properly withhold taxes or fail to deposit payroll taxes – or even worse, fail to prepare the money for payroll taxes in the first place.

If you are in trouble with local, state, or federal tax authorities over your responsibilities as an employer, fear not. We can help. Our tax professionals at Rush Tax Resolutions are experienced in dealing with federal and state tax authorities alike, and we can help you resolve your situation, and get better organized when it comes to managing payroll, calculating withholding, managing your tax payment schedules, and keeping clean records for end-of-the-year reporting duties.

We know managing a small business is hard. Let us help you take some of the burden.

Wage Garnishment Laws by State: A Taxpayer’s Guide

A wage garnishment is a legal order authorizing an employer to withhold a portion of an employee’s paycheck to satisfy a debt. However, there are different wage garnishment laws by state.

[lwptoc numeration="decimal" numerationSuffix="dot" skipHeadingLevel="h3"]

There are limits to what income can be garnished, and how much can be garnished.

Generally, private creditors can garnish less and face much greater opposition than child support garnishments and wage levies for unpaid taxes. Wage garnishment rules typically differ across state lines, but there are federal rules on which many states base their own laws.

 

Federal Wage Garnishment Rules

Federal wage garnishment rules for non-tax, non-alimony, and non-child support debts are based on disposable earnings, which include any “compensation paid or payable for personal services”, minus state and federal taxes, social security and Medicare taxes, State Unemployment Insurance tax, and any amounts withheld for required employee retirement systems.

While many of us understand disposable income to be wages minus taxes and living expenses, living expenses are not calculated when determining wage garnishment.

Instead, federal wage garnishment law limits the total garnishment to the lesser of:

States can set more stringent limits but are required to at least meet federal requirements. The different limits to wage garnishments from state to state are meant to reflect the differences in cost of living and wages across the US. Some states protect debtors better than others. A court judgment is needed to serve a debtor an order for wage garnishment, unless the debt is due to alimony, child support, unpaid local or federal taxes, or student loans.

 

Different States, Different Wage Garnishment Laws

When examining wage garnishment laws by state, there are a few things to note. Any states not explicitly listed below follow the federal rules for wage garnishment limits.

Note that there may be individual exceptions for child support, spousal support, alimony, unpaid taxes, and student loan debts. Child support liability, for example, can usually be more aggressively pursued than other debts. Refer to your state’s website for more information.

Alaska: Alaska imposes several additional exemptions to wage garnishment laws, as per the Alaska Exemptions Act.

Arkansas: Wage garnishment limits in Arkansas follow federal law, but laborers and mechanics have additional protections.

California: Wage garnishment limits in California follow federal law, but garnishment is calculated as the lesser of either 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times California’s hourly minimum wage.

Connecticut: Wage garnishment laws in Connecticut are strict. Garnishments are limited to the lesser of either 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage/Connecticut’s minimum fair wage (whichever is greater).

D.C.: The wage garnishment limits in D.C. are the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the state’s hourly minimum wage. Exemptions are slated to rise every year based on the state’s cost of living.

Hawaii: Hawaii’s wage garnishment limits are based on the more favorable of two calculations – the federal limits, and Hawaii’s own formulation. Hawaii’s own formulation uses monthly disposable earnings as a base, and takes 5 percent of a person’s first $100, 10 percent of the second $100, and 20 percent of the remainder. If the final total exceeds federal limits, federal limits are used instead.

Illinois: Illinois’ wage garnishment limits are very strict and are limited to the lesser of 15 percent of a person’s gross wages, or disposable earnings minus 45 times Illinois’ minimum wage.

Indiana: Indiana follows federal rules for wage garnishment laws but gives individuals the right to argue a reduction to 10 percent of their disposable earnings in the first payment.

Iowa: Iowa follows federal rules for wage garnishment limits but imposes an extra limit on how much can be garnished from an individual’s wages within a calendar year based on their annual income. For example, an individual with an annual income between $16,000 and $23,999 can only be made to give up a total of $800 in garnished wages over the entire year. Anyone earning $50,000 or more can only be levied for 10 percent of their annual income.

Maine: Maine’s wage garnishment limits follow federal law, except that the greater of either 40 times the federal minimum wage or the state minimum wage is chosen when calculating exemptions.

Maryland: Maryland wage garnishment laws differ from county to county. It’s best to contact a local legal professional for more information or refer to your county’s offices for help.

Massachusetts: Massachusetts limits wage garnishments to the lesser of 15 percent of an individual’s gross wages, or disposable earnings minus 50 times the federal/state minimum wage (whichever is greater).

Minnesota: Minnesota follows federal exemption limits but ups the exemption to the lesser of 25 percent of an individual’s disposable earnings, or disposable earnings minus 40 times the federal minimum wage.

Mississippi: Mississippi follows federal exemption limits but prevents creditors from garnishing any wages within the first 30 days after a garnishment order is served.

Missouri: Missouri follows federal exemption limits but adds greater protections to the head of the household, limiting wage garnishment to the lesser of 10 percent of one’s disposable earnings, or disposable earnings minus 30 times the federal minimum wage.

Nevada: Nevada increases wage garnishment limits to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 50 times the federal hourly minimum wage.

New Hampshire: wage garnishments in New Hampshire are not continuous and are limited to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 50 times the federal hourly minimum wage. If a creditor wants to claim more than two weeks of wages, they must keep going back to court.

New Jersey: New Jersey’s wage garnishment limits include up to 10 percent of disposable earnings if an individual earns no more than 250 percent of the federal poverty level for their household, or 25 percent for anyone earning more.

New Mexico: New Mexico increases wage garnishment limits to the lesser of 25 percent of one’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage.

New York: New York’s wage garnishment limits are the lesser of 10 percent of one’s gross wages, or 25 percent of one’s disposable earnings. If the disposable earnings are less than 30 times NY’s minimum wage, the individual’s wages cannot be garnished.

North Carolina: North Carolina limits wage garnishment to 10 percent of gross wages.

Pennsylvania: Wages in Pennsylvania can only be garnished for certain types of local taxes, student loan defaults, restitutions in criminal cases, child/spousal support, back rent, and divorce distributions.

South Carolina: South Carolina features different restrictions depending on the type of debt and has completely outlawed wage garnishments for consumer debts.

South Dakota: South Dakota limits wage garnishment to the lesser of 20 percent of your disposable earnings minus $25 per dependent, or disposable earnings minus 40 times the federal hourly minimum wage, and an additional $25 deduction per dependent.

Tennessee: Tennessee reflects federal wage garnishment limits but provides additional protections to individuals supporting minor children ($2.50 per dependent, per week).

Texas: Texas only allows wage garnishments for income tax debt, alimony, child support, and defaulted student loans.

Virginia: Virginia limits wage garnishment to the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 40 times the federal hourly minimum wage.

Washington: Washington limits wage garnishment to the lesser of 25 percent of a person’s disposable earnings, or disposable earnings minus 35 times the federal hourly minimum wage. Exceptions are made for child support where more can be garnished.

West Virginia: West Virginia has limited wage garnishment to the lesser of 20 percent of a person’s disposable earnings, or disposable earnings minus 30 times the federal hourly minimum wage.

Wisconsin: Wisconsin has limited wage garnishment to the lesser of 20 percent of a person’s disposable earnings, or disposable earnings minus 30 times the federal hourly minimum wage.

 

IRS Wage Garnishments and Unpaid Tax are Calculated Differently

It’s important to note that any wage levies by the IRS are handled separately from other wage garnishment orders. Instead, the IRS claims wage levies when taxpayers have a significant amount of unpaid taxes and refuse to pay or negotiate a payment plan.

The IRS can levy wages for as long as they must in order to satisfy the debt and can claim a sizeable cut of a person’s wages based on their total number of dependents. The IRS requests employers to withhold pay based on Publication 1494. Employers must give their employee a Statement of Dependents and Filing Status, which they must fill out and return within three days. There are no state-to-state differences for wage levies for unpaid taxes to the federal government.

On the other hand, there may be different wage garnishment rules for unpaid state taxes. Refer to your local government’s revenue service or visit a local tax professional for more information.

 

Contact a Tax Professional

Because of the different wage garnishment laws by state, it can get difficult to deal with garnishments. If you have received a wage garnishment notice, contact our team of professional tax attorneys. We will fight vigorously to protect your assets and find a resolution that works for you.

CONTACT US TODAY