Instructions For Form Ct-1 - Employer'S Annual Railroad Retirement Tax Return - 2004 Page 2

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Timing. Compensation is considered paid when it is
Employer: Pays 13.1% of first . . . . . . . . . . . . . . . . . . .
$65,100
actually paid or when it is constructively paid. It is
Employee: Pays 4.9% of first . . . . . . . . . . . . . . . . . . .
$65,100
constructively paid when it is set apart for the employee or
credited to an account the employee can control without any
limit or condition on how and when the payment is to be
Employer Taxes
made.
Employers must pay both Tier I and Tier II taxes. Tier I tax is
Any compensation paid during the current year that was
divided into two parts. The amount of compensation subject
earned in a prior year is taxable at the current year’s tax
to each tax is different. See the table above for the tax rates
rates; you must include the compensation with the current
and compensation bases.
year’s compensation on lines 1 through 10 of Form CT-1, as
Concurrent employment. If two or more related
appropriate.
corporations that are rail employers employ the same
Exceptions. Compensation does not include:
individual at the same time and pay that individual through a
Any benefit provided to or on behalf of an employee if at
common paymaster, which is one of the corporations, the
the time the benefit is provided it is reasonable to believe
corporations are considered a single employer. They have
the employee can exclude such benefit from income. For
to pay, in total, no more in railroad retirement and Medicare
information on what benefits are excludable, see Pub. 15-B.
taxes than a single employer would. See Regulations
Examples of this type of benefit include:
section 31.3121(s)-1 for more information.
1. Certain employee achievement awards under
Successor employers. Successor employers should see
section 74(c),
section 3231(e)(2)(C) and Pub. 15 (Circular E) to see if they
2. Certain scholarship and fellowship grants under
can use the predecessor’s compensation paid against the
section 117,
maximum compensation bases.
3. Certain fringe benefits under section 132, and
4. Employer payments to an Archer MSA under section
Employee Taxes
220 or Health Savings Accounts (HSA) under section 223.
You must withhold the employee’s part of Tier I and Tier II
Stock transferred to an individual pursuant to an exercise
taxes. See the table above for the tax rates and
of an incentive stock option (as defined in section 422(b)) or
compensation bases. See Tips below for information on the
under an employee stock purchase plan (as defined in
employee tax on tips.
section 423(b)); or the disposition of such stock by the
Withholding or payment of employee tax by employer.
individual. This provision is effective for options exercised
You must collect the employee railroad retirement tax from
after October 22, 2004.
each employee by deducting it from the compensation on
Payments made specifically for traveling or other bona
which employee tax is charged. If you do not withhold the
fide and necessary expenses that meet the rules in the
employee tax, you must still pay the tax. If you withhold too
regulations under section 62.
much or too little tax because you cannot determine the
Payments for service performed by a nonresident alien
correct amount, correct the amount withheld by an
temporarily present in the United States as a nonimmigrant
adjustment, credit, or refund according to the regulations
under subparagraphs (F), (J), (M), or (Q) of the Immigration
relating to the RRTA.
and Nationality Act.
Compensation under $25 earned in any month by an
If you pay the railroad retirement tax for your employee
employee in the service of a local lodge or division of a
rather than withholding it, see Rev. Proc. 83-43,
railway-labor-organization employer.
1983-1 C.B. 778, for information on how to figure and report
Payments made to or on behalf of an employee or
the proper amounts.
dependents under a sickness or accident disability plan or a
Tips. An employee who receives tips must report them to
medical or hospitalization plan in connection with sickness
you by the 10th of the month following the month the tips are
or accident disability. This applies to Tier II taxes only.
received. Tips must be reported for every month, unless the
tips for the month are less than $20.
For purposes of employee and employer Tier I
!
taxes, compensation does not include sickness or
An employee must furnish you with a written (or
accident disability payments made:
electronic) statement of tips, signed by the employee,
CAUTION
showing (a) his or her name, address, and social security
number, (b) your name and address, (c) the month or period
1. Under a workers’ compensation law,
for which the statement is furnished, and (d) the total
2. Under section 2(a) of the Railroad Unemployment
amount of tips. Pub. 1244, Employee’s Daily Record of Tips
Insurance Act for days of sickness due to on-the-job injury,
and Report to Employer, a booklet for daily entry of tips and
3. Under the Railroad Retirement Act, or
forms to report tips to employers, is available by calling
4. More than 6 months after the calendar month the
1-800-TAX-FORM (1-800-829-3676) or on the IRS website
employee last worked.
at
Tips are considered to be paid at the time the employee
Employer and Employee Taxes
reports them to you. You must collect both income tax and
employee railroad retirement tax on tips reported to you
Tax Rates and Compensation Bases
from the employee’s compensation (after deduction of
employee railroad retirement and income tax) or from other
Tax Rates
Compensation Paid in 2004
funds the employee makes available. Apply the
compensation or other funds first to the railroad retirement
Tier I
tax and then to income tax. You do not have to pay the
employer railroad retirement taxes on tips.
Employer and Employee: Each pay 6.2% of first . . . . . . .
$87,900
If, by the 10th of the month after the month you received
Tier I Medicare
an employee’s tip income report, you do not have enough
Employer and Employee: Each pay 1.45% of . . . . . . . . .
All
employee funds available to deduct the employee tax, you
no longer have to collect it. See section 6 in Pub. 15
Tier II
(Circular E).
-2-

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