If a tax-exempt organization (EO)
has employees, the EO is responsible for Federal Income Tax
Withholding and Social Security and Medicare taxes. In addition,
some EOs are responsible for Federal Unemployment Tax.
Are the workers for a
tax-exempt organization independent contractors or employees?
Before the EO can know how to treat payments it makes for
services, the EO must first know the business relationship that
exists between the organization and the person performing the
services.
Electronic filing and payment
options are available to exempt organizations for the employment
tax and information returns required if they pay workers.
An EO generally must deposit
employment taxes and certain excise taxes before it files its
return. If the EO does not make the deposits electronically, it
should deliver deposits with completed deposit coupons to an
authorized financial institution or a Federal Reserve Bank
serving the EO’s area.
The basic requirements for tax
and wage reporting compliance, including determining if an EIN
is necessary, calculating withholding, making deposits, and
keeping tax and reporting records.
The Trust Fund Recovery Penalty
(TFRP) may be assessed against any person, including a an
officer, director, employee or a member of a board of trustees
of a tax-exempt organization, who is responsible for collecting
or paying withheld income and employment taxes, or for paying
collected excise taxes, and willfully fails to collect or pay
them.
Two key publications on
employment tax issues are Publication 15, Circular E,
Employer's Tax Guide, and Publication 15-A, Employer's
Supplemental Tax Guide. This section provides a listing
of, and links to, these and other common employment tax
publications that a tax-exempt organization would need.
DISCLAIMER: This information is not intended to provide
legal or accounting advice, or to address specific
situations. Please consult with your legal or tax advisor to
supplement and verify what you learn here.
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