26 C.F.R. PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
TITLE 26--Internal Revenue
CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY
SUBCHAPTER C--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Subpart A--INTRODUCTION
|
General definitions and use of terms.
|
|
|
Extent to which the regulations in this part supersede prior regulations.
|
|
Subpart B--FEDERAL INSURANCE CONTRIBUTIONS ACT (CHAPTER 21, INTERNAL REVENUE CODE OF 1954)
|
Rates and computation of employee tax.
|
|
|
When employee tax attaches.
|
|
|
Collection of, and liability for, employee tax; in general.
|
|
|
Manner and time of payment of employee tax.
|
|
|
Collection of, and liability for, employee tax on tips.
|
|
|
Rates and computation of employer tax.
|
|
|
When employer tax attaches.
|
|
|
Liability for employer tax.
|
|
|
Manner and time of payment of employer tax.
|
|
|
Instrumentalities of the United States specifically exempted from the employer tax.
|
|
|
Question and answer relating to the definition of wages in section 3121(a) (Temporary).
|
|
|
Wages; when paid and received.
|
|
|
Reimbursement and other expense allowance amounts.
|
|
|
Payments on account of sickness or accident disability, medical or hospitalization expenses, or death.
|
|
|
Payments on account of sickness or accident disability, or medical or hospitalization expenses.
|
|
|
Payments from or to certain tax-exempt trusts, or under or to certain annuity plans or bond purchase plans.
|
|
|
Payments under or to an annuity contract described in section 403(b) (temporary).
|
|
|
Payment by an employer of employee tax under section 3101 or employee contributions under a State law.
|
|
|
Payments for services not in the course of employer's trade or business or for domestic service.
|
|
|
Payments for agricultural labor.
|
|
|
Payments to employees for nonwork periods.
|
|
|
Payments to certain home workers.
|
|
|
Payments under certain employers' plans after retirement, disability, or death.
|
|
|
Payments by employer to survivor or estate of former employee.
|
|
|
Payments by employer to disabled former employee.
|
|
|
Payments or benefits under a qualified educational assistance program.
|
|
|
Employment; services to which the regulations in this subpart apply.
|
|
|
Employment; services performed before 1955.
|
|
|
Employment; services performed after 1954.
|
|
|
Employment; excepted services in general.
|
|
|
Certain services performed by foreign agricultural workers, or performed before 1959 in connection with oleoresinous products.
|
|
|
Domestic service performed by students for certain college organizations.
|
|
|
Services performed on or in connection with a non-American vessel or aircraft.
|
|
|
Services in employ of an instrumentality of the United States specifically exempted from the employer tax.
|
|
|
Services in employ of United States or instrumentality thereof.
|
|
|
Services in employ of States or their political subdivisions or instrumentalities.
|
|
|
Service by employees who are not members of a public retirement system.
|
|
|
Services performed by a minister of a church or a member of a religious order.
|
|
|
Services in employ of religious, charitable, educational, or certain other organizations exempt from income tax.
|
|
|
Railroad industry; services performed by an employee or an employee representative as defined in section 3231.
|
|
|
Services for remuneration of less than $50 for calendar quarter in the employ of certain organizations exempt from income tax.
|
|
|
Services performed by certain students in the employ of a school, college, or university, or of a nonprofit organization auxiliary to a school, college, or university.
|
|
|
Services in the employ of a foreign government.
|
|
|
Services in employ of wholly owned instrumentality of foreign government.
|
|
|
Services of student nurse or hospital intern.
|
|
|
Services in delivery or distribution of newspapers, shopping news, or magazines.
|
|
|
Services in employ of international organization.
|
|
|
Services performed under share-farming arrangement.
|
|
|
Services in employ of Communist organization.
|
|
|
Services performed by a resident of the Republic of the Philippines while temporarily in Guam.
|
|
|
Services of certain nonresident aliens.
|
|
|
Service performed on a boat engaged in catching fish.
|
|
|
Included and excluded services.
|
|
|
State, United States, and citizen.
|
|
|
American vessel and aircraft.
|
|
|
Computation to nearest dollar of cash remuneration for domestic service.
|
|
|
Computation of remuneration for service performed by an individual as a member of a uniformed service.
|
|
|
Computation of remuneration for service performed by an individual as a volunteer or volunteer leader within the meaning of the Peace Corps Act.
|
|
|
Computation of remuneration for service performed by certain members of religious orders.
|
|
|
Covered transportation service.
|
|
|
Waiver of exemption from taxes.
|
|
|
Waivers of exemption; original effective date changed retroactively.
|
|
|
Request for coverage of individual employed by exempt organization before August 1, 1956.
|
|
|
Constructive filing of waivers of exemption from social security taxes by certain tax-exempt organizations.
|
|
|
Agreements entered into by domestic corporations with respect to foreign subsidiaries.
|
|
|
Tips included for employee taxes.
|
|
|
Election of coverage by religious orders.
|
|
|
Concurrent employment by related corporations with common paymaster.
|
|
|
Treatment of amounts deferred under certain nonqualified deferred compensation plans.
|
|
|
Effective dates and transition rules.
|
|
|
Deductions by an employer from remuneration of an employee.
|
|
Subpart C--RAILROAD RETIREMENT TAX ACT (CHAPTER 22, INTERNAL REVENUE CODE OF 1954)
|
Rates and computation of employee tax.
|
|
|
Collection of, and liability for, employee tax.
|
|
|
Measure of employee representative tax.
|
|
|
Rates and computation of employee representative tax.
|
|
|
Employee representative supplemental tax.
|
|
|
Determination of compensation.
|
|
|
Rates and computation of employer tax.
|
|
|
Exception from supplemental tax.
|
|
|
Who are employee representatives.
|
|
Subpart D--FEDERAL UNEMPLOYMENT TAX ACT (CHAPTER 23, INTERNAL REVENUE CODE OF 1954)
|
Rate and computation of tax.
|
|
|
Credit against tax for contributions paid.
|
|
|
Refund of State contributions.
|
|
|
Proof of credit under section 3302(a).
|
|
|
Additional credit against tax.
|
|
|
Proof of additional credit under section 3302(b).
|
|
|
Definitions and special rules relating to limit on total credits.
|
|
|
Question and answer relating to the definition of wages in section 3306(b) (Temporary).
|
|
|
Reimbursement and other expense allowance amounts.
|
|
|
Payments under employers' plans on account of retirement, sickness or accident disability, medical or hospitalization expenses, or death.
|
|
|
Payments on account of sickness or accident disability, or medical or hospitalization expenses.
|
|
|
Payments from or to certain tax-exempt trusts, or under or to certain annuity plans or bond purchase plans.
|
|
|
Payment by an employer of employee tax under section 3101 or employee contributions under a State law.
|
|
|
Payments other than in cash for service not in the course of employer's trade or business.
|
|
|
Payments to employees for non-work periods.
|
|
|
Payments under certain employers' plans after retirement, disability, or death.
|
|
|
Payments or benefits under a qualified educational assistance program.
|
|
|
Employment; services performed before 1955.
|
|
|
Employment; services performed after 1954.
|
|
|
Employment; excepted services in general.
|
|
|
Services not in the course of employer's trade or business.
|
|
|
Services on or in connection with a non-American vessel or aircraft.
|
|
|
Services in employ of United States or instrumentality thereof.
|
|
|
Services in employ of States or their political subdivisions or instrumentalities.
|
|
|
Services in employ of religious, charitable, educational, or certain other organizations exempt from income tax.
|
|
|
Railroad industry; services performed by an employee or an employee representative under the Railroad Unemployment Insurance Act.
|
|
|
Services in the employ of certain organizations exempt from income tax.
|
|
|
Services of student in employ of school, college, or university.
|
|
|
Services before 1962 in employ of certain employees' beneficiary associations.
|
|
|
Services in employ of foreign government.
|
|
|
Services in employ of wholly owned instrumentality of foreign government.
|
|
|
Services of student nurse or hospital intern.
|
|
|
Services of insurance agent or solicitor.
|
|
|
Services in delivery or distribution of newspapers, shopping news, or magazines.
|
|
|
Services in employ of international organization.
|
|
|
Services of certain nonresident aliens.
|
|
|
Included and excluded service.
|
|
|
State, United States, and citizen.
|
|
|
American vessel and aircraft.
|
|
|
Services on American vessel whose business is conducted by general agent of Secretary of Commerce.
|
|
|
Employees of related corporations.
|
|
|
Treatment of amounts deferred under certain nonqualified deferred compensation plans.
|
|
|
Deductions by an employer from remuneration of an employee.
|
|
|
Instrumentalities of the United States specifically exempted from tax imposed by section 3301.
|
|
Subpart E--COLLECTION OF INCOME TAX AT SOURCE
|
Question and answer relating to the definition of wages in section 3401(a) (Temporary).
|
|
|
Amounts deemed wages under voluntary withholding agreements.
|
|
|
Reimbursements and other expense allowance amounts.
|
|
|
Remuneration of members of the Armed Forces of the United States for active service in combat zone or while hospitalized as a result of such service.
|
|
|
Remuneration for domestic service.
|
|
|
Cash remuneration for service not in the course of employer's trade or business.
|
|
|
Remuneration for services for foreign government or international organization.
|
|
|
Remuneration for services of nonresident alien individuals.
|
|
|
Remuneration for services of certain nonresident alien individuals paid before January 1, 1967.
|
|
|
Remuneration paid before January 1, 1967, for services performed by nonresident alien individuals who are residents of a contiguous country and who enter and leave the United States at frequent intervals.
|
|
|
Remuneration for services performed outside the United States by citizens of the United States.
|
|
|
Remuneration for services performed in possession of the United States (other than Puerto Rico) by citizen of the United States.
|
|
|
Remuneration for services performed in Puerto Rico by citizen of the United States.
|
|
|
Remuneration for services performed by a minister of a church or a member of a religious order.
|
|
|
Remuneration for services in delivery or distribution of newspapers, shopping news, or magazines.
|
|
|
Remuneration other than in cash for service not in the course of employer's trade or business.
|
|
|
Payments from or to certain tax-exempt trusts, or under or to certain annuity plans or bond purchase plans, or to individual retirement plans.
|
|
|
Remuneration for services performed by Peace Corps volunteers.
|
|
|
Group-term life insurance.
|
|
|
Remuneration for services performed on a boat engaged in catching fish.
|
|
|
Payments or benefits under a qualified educational assistance program.
|
|
|
Reimbursements under a self-insured medical reimbursement plan.
|
|
|
Number of withholding exemptions claimed.
|
|
|
Requirement of withholding.
|
|
|
Percentage method of withholding.
|
|
|
Wage bracket withholding.
|
|
|
Included and excluded wages.
|
|
|
Withholding exemption certificates.
|
|
|
Withholding exemption certificates (temporary).
|
|
|
When withholding exemption certificate takes effect.
|
|
|
Period during which withholding exemption certificate remains in effect.
|
|
|
Effective period of withholding exemption certificate.
|
|
|
Form and contents of withholding exemption certificates.
|
|
|
Form and contents of withholding exemption certificates (temporary).
|
|
|
Withholding exemptions for nonresident alien individuals.
|
|
|
Supplemental wage payments.
|
|
|
Wages paid for payroll period of more than one year.
|
|
|
Wages paid through an agent, fiduciary, or other person on behalf of two or more employers.
|
|
|
Withholding on basis of average wages.
|
|
|
Withholding on basis of annualized wages.
|
|
|
Withholding on basis of cumulative wages.
|
|
|
Increases or decreases in withholding.
|
|
|
Remuneration other than in cash for service performed by retail commission salesman.
|
|
|
Determination and disclosure of marital status.
|
|
|
Employees incurring no income tax liability.
|
|
|
Extension of withholding to supplemental unemployment compensation benefits.
|
|
|
Extension of withholding to annuity payments if requested by payee.
|
|
|
Extension of withholding to sick pay.
|
|
|
Voluntary withholding agreements.
|
|
|
Extension of withholding to certain gambling winnings.
|
|
|
Withholding on distributions of Indian gaming profits to tribal members.
|
|
|
Return and payment by governmental employer.
|
|
|
Withholding on eligible rollover distributions; questions and answers.
|
|
|
Outline of the backup withholding regulations.
|
|
|
Backup withholding requirement on reportable payments.
|
|
|
Definition of payors obligated to backup withhold.
|
|
|
Scope and extent of accounts subject to backup withholding.
|
|
|
Time when payments are considered to be paid and subject to backup withholding.
|
|
|
Reportable interest payment.
|
|
|
Reportable dividend payment.
|
|
|
Reportable patronage dividend payment.
|
|
|
Reportable payments of rents, commissions, nonemployee compensation, etc.
|
|
|
Reportable barter exchanges and gross proceeds of sales of securities or commodities by brokers.
|
|
|
Reportable payments by certain fishing boat operators.
|
|
|
Reportable payments of royalties.
|
|
|
Exemption for certain minimal payments.
|
|
|
Notified payee underreporting of reportable interest or dividend payments.
|
|
|
Manner required for furnishing a taxpayer identification number.
|
|
|
Payee certification failure.
|
|
|
Special 30-day rules for certain reportable payments.
|
|
|
Special rules for readily tradable instruments acquired through a broker.
|
|
|
Backup withholding when the Service or a broker notifies the payor to withhold because the payee's taxpayer identification number is incorrect.
|
|
|
Period during which backup withholding is required.
|
|
|
Confidentiality of information.
|
|
|
Exception for payments to certain payees and certain other payments.
|
|
|
Exception for reportable payment for which withholding is otherwise required.
|
|
|
Exemption while payee is waiting for a taxpayer identification number.
|
|
|
Taxpayer Identification Number (TIN) matching program.
|
|
Subpart F--GENERAL PROVISIONS RELATING TO EMPLOYMENT TAXES (CHAPTER 25, INTERNAL REVENUE CODE OF 1954)
|
Question and answer relating to the time employers must collect and pay the taxes on noncash fringe benefits (Temporary).
|
|
|
Nondeductibility of taxes in computing taxable income.
|
|
|
Tax under chapter 21 or 22 paid under wrong chapter.
|
|
|
Acts to be performed by agents.
|
|
|
Liability of third parties paying or providing for wages.
|
|
|
Companion sitting placement services.
|
|
|
Advance payments of earned income credit.
|
|
|
Earned income credit advance payment certificates.
|
|
Subpart G--ADMINISTRATIVE PROVISIONS OF SPECIAL APPLICATION TO EMPLOYMENT TAXES (SELECTED PROVISIONS OF SUBTITLE F, INTERNAL REVENUE CODE OF 1954)
|
Additional records under Federal Insurance Contributions Act.
|
|
|
Additional records under Railroad Retirement Tax Act.
|
|
|
Additional records under Federal Unemployment Tax Act.
|
|
|
Additional records in connection with collection of income tax at source on wages.
|
|
|
Notice by district director requiring returns, statements, or the keeping of records.
|
|
|
Requirement of statement disclosing participation in certain transactions by taxpayers.
|
|
|
Returns under Federal Insurance Contributions Act.
|
|
|
Returns under Federal Insurance Contributions Act (temporary).
|
|
|
Returns under Railroad Retirement Tax Act.
|
|
|
Returns under Federal Unemployment Tax Act.
|
|
|
Returns of the railroad unemployment repayment tax.
|
|
|
Returns of income tax withheld.
|
|
|
Returns of income tax withheld (temporary).
|
|
|
Composite return in lieu of specified form.
|
|
|
Instructions to forms control as to which form is to be used.
|
|
|
Instructions to forms may waive filing requirement in case of no liability tax returns.
|
|
|
Employers' identification numbers.
|
|
|
Employees' account numbers.
|
|
|
Statements for employees.
|
|
|
Information returns on Form W-3 and Internal Revenue Service copies of Forms W-2.
|
|
|
Statements required in case of sick pay paid by third parties.
|
|
|
Statement required in case of backup withholding.
|
|
|
Report of tips by employee to employer.
|
|
|
Employer statement of uncollected employee tax.
|
|
|
Reporting by certain large food or beverage establishments with respect to tips.
|
|
|
Substantiation requirements for tipped employees.
|
|
|
Verification of returns or other documents.
|
|
|
Time for filing returns and other documents.
|
|
|
Time for filing returns with respect to the railroad unemployment repayment tax.
|
|
|
Extensions of time for filing returns and other documents.
|
|
|
Place for filing returns.
|
|
|
Period covered by returns.
|
|
|
Supplying of identifying numbers.
|
|
|
Extensions of time for paying tax.
|
|
|
Adjustments of underpayments.
|
|
|
Adjustments of underpayments of hospital insurance taxes that accrue after March 31, 1986, and before January 1, 1987, with respect to wages of State and local government employees.
|
|
|
Federal tax deposit rules for withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) attributable to payments made after December 31, 1992.
|
|
|
Federal tax deposit rules for withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) attributable to payments made after December 31, 1992 (temporary).
|
|
|
Federal Tax Deposit Rules for amounts withheld under the Railroad Retirement Tax Act (R.R.T.A.) attributable to payments made after December 31, 1992.
|
|
|
Federal tax deposit rules for amounts withheld under the backup withholding requirements of section 3406 for payments made after December 31, 1992.
|
|
|
Federal tax deposit rules for withheld income taxes attributable to nonpayroll payments made after December 31, 1993.
|
|
|
Use of Government depositories in connection with taxes under Federal Insurance Contributions Act and income tax withheld for amounts attributable to payments made before January 1, 1993.
|
|
|
Use of Government depositories in connection with employee and employer taxes under Railroad Retirement Tax Act for amounts attributable to payments made before January 1, 1993.
|
|
|
Use of Government depositaries in connection with the railroad unemployment repayment tax.
|
|
|
Use of Government depositaries in connection with tax under the Federal Unemployment Tax Act.
|
|
|
Collection and administration of qualified State individual income taxes.
|
|
|
Credit or refund of tax under Federal Insurance Contributions Act or Railroad Retirement Tax Act.
|
|
|
Refund of Federal unemployment tax.
|
|
|
Repayment by employer of tax erroneously collected from employee.
|
|
|
Adjustment of overpayments.
|
|
|
Repayment by payor of tax erroneously collected from payee.
|
|
|
Overpayments of certain employment taxes.
|
|
|
Credit or refund of income tax withheld from wages.
|
|
|
Failure of employee to report tips for purposes of the Federal Insurance Contributions Act.
|
|
|
Penalties for fraudulent statement or failure to furnish statement.
|
|
|
False information with respect to withholding.
|
|
|
Promulgation of regulations.
|
|