Publication 80 - (Circular Ss),federal Tax Guide For Employers In The U.s. Virgin Islands, Guam, American Samoa, And The Commonwealth Of The Northern Mariana Islands Page 15
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24If you go out of business during the year, give your
as “H-2(A)” visa workers. However, wages paid to “H-2(A)”
employees their Forms W-2 by the due date of your final
visa workers are not subject to the FUTA tax.
Form 941-SS. File Copy A with the SSA by the last day of
In most cases, farmworkers supplied by a crew leader
the month after that due date.
are considered employees of the farm operator for FUTA
If an employee loses or destroys his or her copies,
tax purposes. However, this is not the case if either of the
furnish that employee copies of Form W-2VI, W-2GU,
following applies and the crew leader is not an employee of
W-2AS, or W-2CM marked “REISSUED STATEMENT.”
the farm operator.
Do not send Copy A of the reissued form to the SSA.
1. The crew leader is registered under the Migrant and
If a form is corrected before you send Copy A to the
Seasonal Agricultural Worker Protection Act.
SSA, furnish the employee the corrected copies. Mark the
original Copy A “Void” in the proper box and send the new
2. Substantially all of the workers supplied by the crew
Copy A as explained above. Only send the new Copy A to
leader operate or maintain tractors, harvesting or
SSA; do not send the Copy A marked “Void.” For more
cropdusting machines, or other machines provided
information, see the Instructions for Forms W-2 and W-3.
by the crew leader.
If (1) or (2) applies, the farmworkers are generally em-
ployees of the crew leader.
11. Federal Unemployment
Rate. The FUTA tax rate for 2004 and 2005 is 6.2% of the
(FUTA) Tax—U.S. Virgin
first $7,000 of wages that you pay to each employee during
Islands Employers Only
the calendar year. Only the employer pays this tax. Do not
deduct it from employees’ wages. Generally, you may take
a credit of 5.4% against the FUTA tax for payments to U.S.
The Federal Unemployment Tax Act (FUTA), with state
Virgin Islands unemployment funds. Therefore, your actual
unemployment systems, provides for payments of unem-
tax rate is usually 0.8% (6.2% − 5.4%). However, your
ployment compensation to workers who have lost their
credit is reduced if you did not pay all required U.S. Virgin
jobs. Most employers pay both a federal and a state unem-
Islands unemployment tax by the due date of Form 940 or
ployment tax. Only the employer pays FUTA tax; it is not
Form 940-EZ. The credit cannot be more than 5.4% of
withheld from your employees’ wages. For more informa-
taxable FUTA wages.
tion, see the Instructions for Form 940.
You must file Form 940 or Form 940-EZ, Employer’s
Form 940 or Form 940-EZ. By January 31, file Form 940
Annual Federal Unemployment (FUTA) Tax Return, if you
or Form 940-EZ. If you made all FUTA tax deposits on
are subject to FUTA tax under the following rules.
time, you have 10 additional days to file.
Form 940-EZ is a simpler version of Form 940 for filers
In general. You are subject to FUTA tax in 2005 on the
with uncomplicated tax situations. You can generally use
wages you pay employees who are not farmworkers or
Form 940-EZ if:
household workers if:
•
You are liable for unemployment tax only in the U.S.
1. You paid wages of $1,500 or more in any calendar
Virgin Islands,
quarter of 2004 or 2005 or
•
You make all required payments to the U.S. Virgin
2. You had one or more employees for at least some
Islands by the due date of Form 940 or Form
part of a day in any 20 or more different weeks in
940-EZ, and
2004 or 20 or more different weeks in 2005.
•
All wages subject to FUTA tax are also subject to
U.S. Virgin Islands unemployment tax.
Household workers. You are subject to FUTA tax only if
you paid total cash wages of $1,000 or more for all house-
If you do not meet these conditions, file Form 940 in-
hold workers in 2005 in any calendar quarter in 2004 or
stead. Once you have filed Form 940 or Form 940-EZ, the
2005.
IRS will send you a preaddressed form.
Farmworkers. You are subject to FUTA tax on the wages
Deposits. If you are not making deposits using EFTPS
that you pay to farmworkers in 2005 if:
(see section 8), deposit the FUTA tax with an authorized
•
You paid total cash wages of $20,000 or more for
financial institution. Send a deposit coupon (Form 8109)
the farmwork in any calendar quarter to farmworkers
with each payment.
during 2004 or 2005 or
Figure your liability for FUTA tax deposits quarterly.
•
Multiply by .008 (0.8%) the amount of wages paid during
You employed 10 or more farmworkers during at
least some part of a day (whether or not at the same
the quarter to employees who have not exceeded $7,000
time) during any 20 or more different weeks in 2004
in wages for the calendar year. Stop depositing FUTA tax
or 20 or more different weeks in 2005.
on an employee’s wages when his or her wages exceed
$7,000 for the calendar year. If any part of the first $7,000
To determine whether you meet either test above, you
paid to employees is exempt from U.S. Virgin Islands
must count wages paid to aliens admitted on a temporary
unemployment taxes, you may be required to deposit an
basis to the United States to perform farmwork, also known
amount in excess of the .008 rate. If this amount (plus any
Page 15
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