Instructions For Form Ct-1 - 2008 Page 2

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section 423(b)); or the disposition of such stock by the
Where To File
individual.
Send Form CT-1 to:
Payments made specifically for traveling or other bona
fide and necessary expenses that meet the rules in the
Department of the Treasury
regulations under section 62.
Internal Revenue Service Center
Payments for services performed by a nonresident alien
Cincinnati, OH 45999-0007
temporarily present in the United States as a nonimmigrant
under subparagraphs (F), (J), (M), or (Q) of the Immigration
When To File
and Nationality Act.
File Form CT-1 by March 2, 2009.
Compensation under $25 earned in any month by an
employee in the service of a local lodge or division of a
railway-labor-organization employer.
Definitions
Payments made to or on behalf of an employee or
The terms “employer” and “employee” used in these
dependents under a sickness or accident disability plan or a
instructions are defined in section 3231 and in its
medical or hospitalization plan in connection with sickness
regulations.
or accident disability. This applies to Tier II taxes only.
Compensation
For purposes of employee and employer Tier I
!
taxes, compensation does not include sickness or
Compensation means payment in money, or in something
accident disability payments made:
CAUTION
that may be used instead of money, for services performed
as an employee of one or more employers. It includes
1. Under a workers’ compensation law,
payment for time lost as an employee.
2. Under section 2(a) of the Railroad Unemployment
Group-term life insurance. Include in compensation the
Insurance Act for days of sickness due to on-the-job injury,
cost of group-term life insurance over $50,000 you provide
3. Under the Railroad Retirement Act, or
to an employee. This amount is subject to Tier I and Tier II
4. More than 6 months after the calendar month the
taxes, but not to federal income tax withholding. Include this
employee last worked.
amount on your employee’s Form W-2, Wage and Tax
Statement.
Employer and Employee Taxes
Former employees for whom you paid the cost of
group-term life insurance over $50,000 must pay the
Tax Rates and Compensation Bases
employee’s share of these taxes with their Form 1040. You
are not required to collect those taxes. For former
Tax Rates
Compensation Paid in 2008
employees, you must include on Form W-2 the part of
compensation that consists of the cost of group-term life
Tier I
insurance over $50,000 and the amount of railroad
Employer and Employee: Each pay 6.2% of first . . . . . . .
$102,000
retirement taxes owed by the former employee for coverage
provided after separation from service. For more
Tier I Medicare
information, see section 2 of Pub. 15-B.
Employer and Employee: Each pay 1.45% of . . . . . . . . .
All
Timing. Compensation is considered paid when it is
Tier II
actually paid or when it is constructively paid. It is
constructively paid when it is set apart for the employee or
Employer: Pays 12.1% of first . . . . . . . . . . . . . . . . . . .
$75,900
credited to an account the employee can control without any
Employee: Pays 3.9% of first . . . . . . . . . . . . . . . . . . .
$75,900
limit or condition on how and when the payment is to be
made.
Employer Taxes
Any compensation paid during the current year that was
earned in a prior year is taxable at the current year’s tax
Employers must pay both Tier I and Tier II taxes. Tier I tax is
rates; you must include the compensation with the current
divided into two parts. The amount of compensation subject
year’s compensation on lines 1 through 10 of Form CT-1, as
to each tax is different. See the table above for the 2008 tax
appropriate. An exception applies to nonqualified deferred
rates and compensation bases.
compensation that was subject to Tier I and Tier II tax in a
Concurrent employment. If two or more related
prior year. See the rules for Federal Insurance Contribution
corporations that are rail employers employ the same
Act (FICA) purposes in Publication 15-A, Employers
individual at the same time and pay that individual through a
Supplemental Tax Guide.
common paymaster, which is one of the corporations, the
corporations are considered a single employer. They have
Exceptions. Compensation does not include:
to pay, in total, no more in railroad retirement taxes than a
Any benefit provided to or on behalf of an employee if at
single employer would. See Regulations section
the time the benefit is provided it is reasonable to believe
31.3121(s)-1 for more information.
the employee can exclude such benefit from income. For
information on what benefits are excludable, see Pub. 15-B.
Successor employers. Successor employers should see
Examples of this type of benefit include:
section 3231(e)(2)(C) and Pub. 15 (Circular E) to see if they
can use the predecessor’s compensation paid against the
1. Certain employee achievement awards under
maximum compensation bases.
section 74(c),
2. Certain scholarship and fellowship grants under
Employee Taxes
section 117,
You must withhold the employee’s part of Tier I and Tier II
3. Certain fringe benefits under section 132, and
taxes. See the table above for the tax rates and
4. Employer payments to an Archer MSA under section
compensation bases. See Tips below for information on the
220 or Health Savings Accounts (HSA) under section 223.
employee tax on tips.
Stock transferred to an individual pursuant to the exercise
of an incentive stock option (as defined in section 422(b)) or
Withholding or payment of employee tax by employer.
under an employee stock purchase plan (as defined in
You must collect the employee railroad retirement tax from
-2-

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