Dealing with Child Support Withholding Orders

A whopping 75% of all child support is collected through employer-based income withholding orders (IWOs), according to the federal Office of Child Support Enforcement (OCSE). In the most recent year for which figures are available, that amounted to $32 billion. The latest information from the Census Bureau indicates that nearly half of the country’s 13.4 million custodial single parents have some type of child support arrangement in place, with the average monthly payment at around $480.

One reason those numbers are so large, besides a high divorce rate, is that systems have been established that help state agencies find people who might otherwise not live up to their child support obligations. Those systems involve you, through a requirement that you provide basic information about new hires within 20 days of their start date (and possibly sooner, depending on your state).

Required Data

Mandated reporting of new hire data has been on the books since the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The data elements you need to report to the state agency that handles these matters are: the employee’s name, address, Social Security number and date of hire, along with your company’s name, address and federal ID number. Basically, this is the same data you collect on a Form W-4, so you may be able to just submit that form. 

Requirements vary by state. Some will also allow you to file electronically while others want paper filing. Failure to comply with your reporting obligation can result in civil penalties and even criminal penalties in extreme cases.

If you have employees in multiple states, you can either send reports to each state where employees work or send all the forms to one state. The latter, however, obligates you to file electronically and to notify the OCSE which state you’re sending the information to.

This employee database, which is pooled nationally, helps state agencies track down parents who have failed to live up to their child support obligations. When that happens and one is on your payroll, you’ll receive a four-page IWO form that may be accompanied by a seven-page set of instructions. It could come from a state agency, a court, an attorney or possibly even just an individual.

Note: A “new” hire includes people you have rehired after they’ve been off your payroll, if they haven’t been working for you for at least the last 60 consecutive days. Also, even if a new employee quits before the 20-day reporting deadline has elapsed, as long as the person earned wages from you, you still need to file the report.

Next Steps

What needs to happen next is for you to:

  • Document the date you received the IWO (in case any issues arise about how quickly you fulfill its requirements).
  • Verify that you currently employ the named individual or have in the past. Although this may seem like an obvious step, it’s important that you fill in the relevant sections and return the form even if the individual no longer works for you.
  • Make sure that the form is “regular on its face,” legal jargon that essentially means it contains all required information. (The instructions provide details.)

If the form was sent by anyone besides a court or state agency, the IWO is considered a “notice” and not an order. If it isn’t accompanied by a bona fide order, you should return it to the source. Also, if the IWO came from another state, or if the appropriate box is checked on the form, you’ll need to give a copy to the employee.

Finally, if everything is acceptable, you’ll simply need to comply with the terms of the order. A general requirement is that you’ll need to start withholding child support funds by the first pay period that begins 14 working days after the IWO was mailed to you. Then you have seven business days to relay the withheld amount to the state agency that disburses the funds to the recipient. (Some states might require faster turnaround.)

You are within your rights to also deduct from the employee’s paycheck an administrative fee to recoup your added cost, though limits apply to those charges.

What happens if an employee changes his or her withholding allowances to reduce the amount of the child support payment? It’s not up to you to try to counteract that. The IRS may withhold unfulfilled required child support payment amounts from the employee’s tax refund.

Final Thoughts

Handling issues involving delinquent child support can be simple … or complex. Doing so might elicit emotional outbursts from the targeted employee, but it must be done. If necessary, talk the matter over with your payroll advisor to ensure you’re meeting your reporting and withholding obligations.

The Minimum Wage Is Going Up in Many Places in January

On January 1, 2019, many states and localities are increasing their minimum wage amounts. In some areas, the amounts paid to tipped employees is also increasing and garnishment limits may also be changing.

This chart briefly details the changes that will kick in on New Year’s Day. For more information about your situation, consult with your payroll advisor.

State Change on January 1, 2019
Alaska    The minimum wage will increase from $9.84 to $9.89 per hour. Tipped employees must be paid this same rate.
Arizona    The minimum wage will increase from $10.50 to $11 per hour. The cash minimum wage for tipped employees will increase from $7.50 per hour to $8 per hour. In Flagstaff, the minimum wage will increase in from $11 to $12 per hour.
Arkansas    The minimum wage will increase from $8.50 to $9.25 per hour. For tipped employees, the cash minimum wage will remain at $2.63 per hour.
California    The minimum wage will rise from $11 to $12 per hour for employers with more than 25 employees. It will increase from $10.50 to $11 per hour for employers with fewer than 26 employees. Tipped employees must also be paid this rate. The minimum wage will also increase in Belmont, Cupertino, El Cerrito, Los Altos, Mountain View, Palo Alto, Redwood City, Richmond, San Diego, San Jose, San Mateo, Santa Clara and Sunnyvale.Garnishment limits may also change. In CA, the maximum amount subject to garnishment can’t exceed the lesser of 25% of weekly disposable income, or 50% of the amount by which the individual’s disposable earnings for the week exceed 40 times the greater of either the state or local minimum wage rate in effect where the debtor works when the earnings are payable.
Colorado    The minimum wage will increase from $10.20 to $11.10 per hour. The cash minimum wage for tipped employees will increase from $7.18 per hour to $8.08 per hour. The garnishment limit is also changing.
Delaware    The minimum wage will rise from $8.25 to $8.75 per hour. For tipped employees, the cash minimum wage rate will remain at $2.23 per hour.
Florida    The minimum wage will increase from $8.25 to $8.46 per hour. The cash minimum wage for tipped employees will increase from $5.23 per hour to $5.44 per hour.
Maine    The minimum wage will increase from $10 to $11 per hour. The cash minimum wage for tipped employees will increase from $5 per hour to $5.50 per hour. The garnishment limit is also changing.
Massachusetts    The minimum wage will rise from $11 to $12 per hour. The cash minimum wage rate for tipped employees will increase from $3.75 per hour to $4.35 per hour.
Minnesota    The minimum wage will increase from $9.65 to $9.86 per hour for large employers (those with annual gross sales of $500,000 or more, exclusive of retail excise taxes). The minimum wage for small employers will increase from $7.87 per hour to $8.04 per hour. Tipped employees must also be paid these rates.
Missouri    The minimum wage will increase from $7.85 to $8.60 per hour. For tipped employees, the cash minimum wage will increase from $3.925 per hour to $4.30 per hour.
Montana    The minimum wage will increase from $8.30 to $8.50 per hour. Tipped employees must also be paid this rate.
New Jersey    The minimum wage will increase from $8.60 to $8.85 per hour. The cash minimum wage for tipped employees will remain at $2.13 per hour.
New Mexico The state minimum wage will remain at $7.50 per hour, but the minimum wage rate will increase in Albuquerque, Bernalillo County and Las Cruces.
New York    On December 31, 2018, the minimum wage will rise from: 1) $13 to $15 per hour for NY city employers with 11 or more employees; 2) $12 to $13.50 per hour for NY city employers with 10 or fewer employees; 3) $11 to $12 per hour for Nassau, Suffolk and Westchester county employers, and 4) $10.40 to $11.10 per hour for employers in areas not noted above. The cash minimum wage for tipped employees varies by industry. The garnishment limits will also change on January 1.
Ohio    The minimum wage will increase from $8.30 to $8.55 per hour. The cash minimum wage rate for tipped employees will increase from $4.15 per hour to $4.30 per hour.
Rhode Island    The minimum wage will increase from $10.10 to $10.50 per hour. However, the minimum cash wage for tipped employees will remain at $3.89 per hour.
South Dakota    The minimum wage will increase from $8.85 to $9.10 per hour. The cash minimum wage for tipped employees will increase from $4.425 per hour to $4.55 per hour. The garnishment limit will also change.
Vermont    The minimum wage will increase from $10.50 per hour to $10.78 per hour. The cash minimum wage for tipped employees will increase from $5.25 to $5.39 per hour.
Washington    The minimum wage will increase from $11.50 to $12 per hour. Tipped employees must also be paid this rate. The minimum wage will also increase in Seattle, SeaTac and Tacoma.

Looking Ahead in 2019

On July 1, 2019, the minimum wage will go up in the District of Columbia from $13.25 to $14 per hour.

In Oregonthe minimum wage will increase in July of next year to various amounts, depending on where an employer is located. For employers located within the Portland metro urban growth boundary, the minimum wage will go from $12 per hour to $12.50. In smaller cities, it will go from $10.75 to $11.25 per hour. And in non-urban counties, the minimum wage will rise from $10.50 to $11 per hour. All of the changes in Oregon are effective on July 1, 2019.

In addition, both houses of the Michigan legislature have approved legislation that would increase the state’s minimum wage rate from $9.25 per hour to $10 per hour, effective March 1, 2019, with annual increases until it reaches $12 per hour, effective January 1, 2022. The legislation had the effect of keeping an approved ballot measure off the November 6 election ballot that would have allowed voters to decide whether to increase the minimum wage rate. However, several published reports say that the Republican-controlled legislature passed the bill not only to keep voters from determining the issue, but with the intention of later killing the measure. They are reportedly working to scale back the minimum wage legislation and paid sick legislation before they leave office in December.

4 Year-End Strategies to Lower Your Personal Tax Bill

The countdown to year end has begun. Have you positioned yourself to minimize your 2018 tax bill? The Tax Cuts and Jobs Act (TCJA) made sweeping changes to the federal tax laws that will affect virtually all individual taxpayers — and most of those changes went into effect for this tax year. Here are four tried-and-true tax planning strategies, tweaked to account for the TCJA.

1. Game the Standard Deduction

As the following table shows, the TCJA almost doubled the standard deduction amounts from 2017 to 2018.

Standard Deduction Allowances: 2017 vs. 2018

Filing Status 2017 2018
Single or married filing separately $6,350 $12,000
Married joint filers $12,700 $24,000
Head of household $9,350 $18,000

If your total itemizable deductions for 2018 will be close to your standard deduction amount, consider making enough additional expenditures for itemized deduction items before year end to exceed the standard deduction. Those moves will help lower this year’s tax bill. (Next year, you may decide to claim the standard deduction, which will be increased to account for inflation.)

Itemizable deductions that you can potentially “bunch” in alternating tax years are:

Charitable contributions. Consider making bigger donations this year so that this year’s itemizable deductions will exceed the standard deduction. Then, next year, if your itemized deductions are less than the standard deduction, you can claim it.

Medical expenses. Elective medical procedures — such as dental work and vision care — can be performed before year end to boost your itemized deductions. For 2018, you can deduct medical expenses to the extent that they exceed 7.5% of your adjusted gross income (AGI) if you itemize. In 2019, the AGI threshold for itemizing medical expenses is scheduled to increase to 10%.

Home mortgage interest. Making your January 2019 mortgage payment this year will give you 13 months of interest expense to deduct in 2018. Although the TCJA put new limits on itemized deductions for home mortgage interest, you’re probably unaffected (because of the grandfather rules that apply to pre-existing mortgages). But double-check with your tax advisor to be sure.

SALT expenses. You also can prepay state and local income and property tax (SALT) expenses that are due early next year. Paying those bills before year end can lower your 2018 federal income tax bill, because your itemized deductions will be that much higher. However, the TCJA decreased the maximum amount you can deduct for state and local taxes to $10,000 (or $5,000 for married people who file separately). Unfortunately, many taxpayers will be affected by this limitation, so for them it’s probably not as effective as prepaying other itemizable expenses.

Important note: The SALT prepayment strategy can be a bad idea if you’ll owe alternative minimum tax (AMT) this year. That’s because SALT write-offs are completely disallowed under the AMT rules. Ask your tax advisor if you’re likely to be in the AMT zone for 2018.

It’s also important to note that some itemizable deductions — such as deductions for unreimbursed business expenses and other miscellaneous expenses — were suspended for 2018 through 2025 under the TCJA.

2. Manage Investment Gains and Losses  

If you hold investments in taxable brokerage firm accounts, consider selling appreciated securities that have been held for over 12 months. In 2018, the maximum federal income tax rate on long-term capital gains is 20%. But many people will incur a federal tax rate of only 15%.

2018 Federal Tax Rates on Long-Term Capital Gains and Qualified Dividends
Tax Rates Single Married Joint Filers Head of Household
0% $0 – $38,600 $0 – $77,200 $0 – $51,700
15% $38,601 – $425,800 $77,201 – $479,000 $51,701 – $452,400
20% $425,801 and up $479,001 and up $452,401 and up

For 2018 through 2025, the federal tax rates on long-term capital gains are no longer tied to the federal income tax brackets. After 2018, these brackets will be indexed for inflation. The 3.8% net investment income tax (NIIT) can also apply to long-term capital gains at higher income levels.

To the extent you have capital losses from earlier this year or capital loss carryovers from pre-2018 years, selling investments that have appreciated in value this year won’t result in any tax hit. In particular, sheltering net short-term capital gains with capital losses is a smart tax move, because net short-term gains would otherwise be taxed at higher ordinary-income rates of up to 37% (plus the 3.8% NIIT if applicable).

If you have investments that would generate a tax loss if they were sold, you might consider unloading them before year end to shelter any capital gains from sales earlier this year, including high-taxed short-term gains.

If selling your losing investments would cause your capital losses to exceed capital gains, the result would be a net capital loss for the year. Your 2018 net capital loss can be used to shelter up to $3,000 of 2018 ordinary income ($1,500 for married people who file separately). This income may be in the form of salaries, bonuses, self-employment income, interest income and royalties. Any excess net capital loss from this year is then carried forward indefinitely until you have gains to offset against it.

Net capital loss carryforwards can give you investing flexibility in the future, because you won’t have to hold appreciated securities for over a year to get a preferential tax rate. The top two federal rates on net short-term capital gains recognized in 2019 and beyond are 35% and 37% (plus the 3.8% NIIT if applicable). So, it could be particularly beneficial to have a capital loss carryover to shelter high-taxed short-term gains recognized in future years.

3. Set up Loved Ones for a 0% Tax Rate on Investment Income

Under the TCJA, the federal income tax rate on long-term capital gains and qualified dividends from securities held in taxable brokerage firm accounts is still 0% if the gains and dividends fall within the 0% bracket. (See the chart above.)

While your income may be too high to benefit from the 0% rate, you may have children, grandchildren and other loved ones in the 0% bracket. If the object of your generosity is in the 0% bracket, consider gifting that person some appreciated stock or mutual fund shares that can be sold without incurring tax on the resulting long-term capital gains. Gains will be long term if your ownership period plus the gift recipient’s ownership period (before the recipient sells) equals at least a year and a day.

Giving away stocks that pay dividends is another tax-smart idea. If the dividends fall within the gift recipient’s 0% rate bracket, they will be federal-income-tax-free.

Important notes: If you give securities to someone who is under age 24, the so-called “kiddie tax” rules could potentially cause some of the resulting capital gains and dividends to be taxed at the higher rates that apply to trusts and estates.

Many states don’t have a 0% tax bracket for capital gains and qualified dividends. Be aware that state taxes could apply.

4. Make Tax-Wise Gifts to Loved Ones and Charities

Generous people who are looking to share their wealth often ask: Is it better to give investments directly to family members and charities — or to sell them and give away the proceeds? From a tax perspective, the answer depends on whether you’ll incur a gain or loss on the sale of an investment.

In general, it’s better to sell shares that would incur a loss and then give away the proceeds. Conversely, appreciated shares should be donated directly to recipients that would incur no tax (or be taxed at a lower rate).

For example, Sam owns stock that’s decreased substantially in value since he bought it in 2016. He wants to make a year-end gift to his niece Barb. Sam’s tax advisor recommends that he sell the investment and book the resulting tax-saving capital loss (to offset capital gains in 2018 and beyond). Then Sam can give the proceeds from the sale directly to Barb.

On the flipside, Samantha owns stock that’s increased substantially in value over the last two years. She wants to make a year-end gift to her nephew Bob. In this scenario, Aunt Samantha’s tax advisor recommends giving the shares directly to Bob, because he’s in the 0% federal income tax bracket for long-term capital gains and qualified dividends. (Even if the stock had been owned for less than a year before it was sold, Bob is in a much lower ordinary-income tax bracket than his wealthy aunt.)

The same general principles also apply to donations to IRS-approved charities. But there’s an extra tax benefit: You also can claim tax-saving charitable donation deductions, if you itemize deductions on your federal income tax return. If you donate shares that you’ve held for more than a year, your itemized deduction equals the current market value of the shares at the time of the gift — and you’ll avoid paying capital gains taxes on those shares. Meanwhile, the tax-exempt charitable organization can sell the donated shares without owing anything to the IRS.

Meet with a Tax Pro

These are just a handful of year-end strategies for individual taxpayers. Your tax advisor may offer more suggestions based on your unique tax situation. Act fast, however, because some tax planning moves take time to execute before December 31.

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