Form Nys-50 - Employer'S Guide To Unemployment Insurance, Wage Reporting, And Withholding Tax Page 41
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52NYS-50 (10/11) Page 41 of 52
Unemployment insurance, wage reporting, and
withholding tax requirements for certain items of income
(continued)
Unemployment insurance and
Income item
Withholding tax requirement
wage reporting requirement
No
No, if the contributions to the plan were
IRA distributions (deductible or nondeductible)
deductible or nondeductible, or if it is a qualified
rollover.**
No, if it is a lump-sum payment.
Lump-sum accumulated sick leave pay
Yes
Yes
Military (payments of wages made to)
1. residents
Yes, for persons who render services for State,
Yes, unless the individual filed Form IT-2104-MS
National Guard, or Air National Guard as regular
with the employer because he or she meets the
state employees.
conditions for nonresident status.
2. nonresidents
Yes, for persons who render services for State,
No, unless income is received from a civilian job
National Guard, or Air National Guard as regular
in New York State during off-duty hours.
state employees.
Moving expense reimbursement
No, unless federal income tax withholding is
Yes, if liable under FUTA for such payments.*
required.
Nontaxable fringes
1. No additional cost services
No
Yes
2. Qualified employee discounts
No
Yes
3. Working condition fringes
No
Yes
4. Minimal value fringes
No
Yes
5. Qualified transportation fringes
No
Yes
6. Meals provided on employer’s premises for
No
Yes
employer’s convenience
Overtime pay
Yes
Yes
Payments or distributions of deferred
No, for UI purposes.
Yes, if the payment or distribution is considered
compensation
wages for federal income tax purposes.
Yes, for wage reporting purposes, if the payment
or distribution is considered wages for federal
income tax purposes.
Prizes and awards to employees
Yes
Yes, unless it is not subject to federal income tax
withholding because it is reasonably believed
to be excludable as an employee achievement
award, qualified scholarship, or fringe benefit.
Prize money for recreational bowling
No
No
Retroactive pay increases
Yes
Yes
Salary paid in form other than cash
Yes
Yes, based on the fair market value of property
given as payment.
Scholarship and fellowship grants
No
Yes, if federal income tax withholding is required.
Sick pay
Whether paid by employer or third party:
Yes, if paid by employer.
Yes, for first 6 months of payments (including
sickness, accident, or disability), if liable under
FUTA.*
No, for amounts paid after the first 6 months of
No, if paid by third party.
payments.
Occupational related workers’ compensation
payments are not considered sick pay and are
neither reportable nor taxable.
Social security benefits
No
No
Student wages
1. Elementary and secondary school students
Yes, if liable under FUTA or a governmental
Yes, unless the individual filed Form IT-2104-E
entity, Indian tribe, or nonprofit organization
with the employer because he or she meets the
(except certain camps; see chart on page 10.)***
conditions for exemption from withholding.
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