
The President signed the Hiring Incentives to Restore Employment Act, or HIRE
Act, into law on March 18, 2010. The new law contains a brief payroll tax hol-
iday for employers of newly-hired workers and an employer credit for retained
workers hired during the payroll tax holiday.
Payroll Tax Holiday: Employers hiring previously unemployed or underem-
ployed new employees after February 3, 2010, and before January 1, 2011,
will not have to pay t he 6.2 percent employer portion of Social Security taxes
that would have been due for those employees for the period after March
18, 2010, and before January 1, 2011 . The newly-hired employees must
certify on Form W-11 that they were employed for no more than 40 hours in
the 60-day period ending on the date they began work in the new job. A recent
college graduate can qualify under this definition. The reduction in payroll
taxes will be made on the employer’s payroll tax return, Form 941, and will
not be claimed as a credit on the income tax return of the employer.
Credit for Retained Workers: Any worker who qualifies as a newly-hired
employee under the payroll tax holiday described above, and who is retained
by the employer for at least 52 weeks, may qualify the employer for a tax credit
of up to $1,000. Because the time period will not be met for any new hire until
sometime in the 2011 tax year, this credit will be claime d on 2011 income tax
returns only.
SECTION 9.5
EMPLOYER REPORTING REQUIREMENTS
On or before January 31 of the year following the calendar year of payment, an employer
must furnish to each employee two copies of the employee’s Wage and Tax Statement,
Form W-2, for the previous calendar year. If employment is terminated before the end
of the year and the employee requests a Form W-2, the employer must furnish the
Form W-2 within 30 days after the last wage payment is made or after the employee
request, whichever is later. Otherwise the general rule requiring the W-2 to be furnished
to the employee by January 31 applies. The original copy (Copy A) of all W-2 forms and
Form W-3 (Transmittal of Income and Tax Statements) must be filed with the Social
Security Administration by February 28 of the year following the calendar year of payment.
Copy B of Form W-2 is filed with the employee’s federal tax return. Employers retain
Copy D of Form W-2 for their records. Extra copies of Form W-2 are prepared for the
employee to use when filing state and local tax returns.
Form W-2 is used to report wages, tips, and other compensation paid to an employee.
Not all of the amounts included on a taxpayer’s Form W-2 are subject to income tax with-
holding. Among the items which must be reported on the employee’s Form W-2 are reim-
bursements for nonqualified moving expenses (a nonqualified moving expense is an
expense the employee cannot deduct for tax purposes), excess group-term life insurance
premiums, the value of noncash prizes and awards presented to individuals normally
paid on a commission basis, and certain reimbursements of travel and other ordinary
and necessary expenses. Special rules apply to the reimbursement of travel and other ordi-
nary and necessary employee business expenses.
If an employee is reimbursed for travel and other ordinary and necessary business
expenses, income and employment tax withholding m ay be required. If a reimbursement
payment is considered to have been made under an accountable plan, as discussed in Chap-
ter 4, the amount is excluded from the employee’s gross income and consequently is not
9-14 Chapter 9
Withholding, Estimated Payments, and Payroll Taxes
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