News from The Zinner & Co Blog:

Understanding the New Medicare Taxes

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Posted by: Colleen Kaminsky, CPA

Both employees and self-employed business owners are very familiar with the Medicare tax. They certainly should be, since it has been in effect since 1966. Congress modified the tax in 1986, imposing a 1.45% Medicare tax rate on wages, for both employees and employers. That change affected self-employed folks too. Beginning January 1, 2013, a couple of additional changes took effect, which could impact you.

First, for individuals earning more than $200,000, and for couples filing jointly earning more than $250,000, the Medicare tax rate has increased by 0.9% on wages exceeding those thresholds. For employees earning more than these amounts, their total Medicare tax rate will be 2.35% for the portion of their wages exceeding those thresholds; however, the employer rate will remain capped at 1.45%. Self-employed individuals meeting the thresholds will also be subject to the additional tax.

But that's not all that's changing! Historically, Medicare taxes have only been assessed against wages. Beginning on January 1, 2013, for the first time Medicare tax is being assessed on unearned investment income. Investment income includes: interest, dividends, capital gains, rental income, royalty income and passive activity business income. For individual filers with a modified adjusted gross income (MAGI) over $200,000, and for couples filing jointly with an MAGI in excess of $250,000, net investment income exceeding those thresholds is subject to a 3.8% Medicare tax. This tax was part of President Obama's Affordable Care Act and is projected to bring in an estimated $210 billion of additional revenue.

Are there any opportunities to effectively plan one's tax and financial life to reduce exposure to either of these new Medicare taxes? In many cases, there are such opportunities, but identifying those opportunities and taking advantage of them will require some proactive and creative planning.

If you would like to understand how the new taxes affect you and to explore any planning opportunities, please contact a Zinner professional to review your personal circumstances. 

When Are Severance Payments Subject to FICA?

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Posted by: Barbara Theofilos, CPA 

Are severance payments subject to Federal Insurance Contributions Act (FICA) taxes? A simple "yes" or "no" answer would be too simple. The answer to this question depends upon who you ask. 

The Sixth Circuit Court of Appeals concluded that severance payments made to terminated employees from Quality Stores are not subject to Social Security and Medicare, also known as FICA taxes. This determination was made in September 2012 and contradicts the Federal Circuit Court of Appeals' conclusion arrived at in 2008 for CSX Corp. 

The Sixth Circuit ultimately determined that these payments are not considered wages if they meet the criteria of "supplemental unemployment benefits." These payments must meet all of the following criteria: 

1.)    Paid to an employee

2.)    Pursuant to the employer's plan

3.)    Due to the recipient employee's involuntary separation from employment

4.)    Directly due to a reduction in force, discontinuance of a plant or operation, or other similar conditions

5.)    Included in the recipient employee's gross income 

On the other hand, the Federal Circuit of Appeals had the exact opposite opinion when they concluded that "supplemental unemployment benefits" following the same criteria listed above actually are considered wages and therefore subject to FICA taxes.

The Internal Revenue Service has consistently taken the same stance as the Federal Circuit of Appeals that the severance payments are considered wages. According to the IRS, the only situation in which these payments are not subject to FICA taxes is when the payments are linked to state unemployment compensation benefits. 

While this issue is still being resolved, Quality Stores and their employees have the ability to enjoy the benefits of not paying the additional FICA taxes on the future severance payments. Both the employer and employees are also allowed to request refunds for any FICA taxes that were paid in previous years. The IRS will likely hold onto those refunds until a final decision is made by the Supreme Court. In the meantime, the employers and employees of Quality Stores will continue to reap the benefits of avoiding the additional FICA taxes on their future severance payments.

New Requirement for Health Coverage

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Effective September 23, 2012, businesses that provide health coverage to staff MUST provide a summary of the coverage to all employees. The Department of Labor shows what the summary must look like.

Insurance companies will create these summaries if the coverage is through them. If you make changes in the plan mid-year, you must provide notice to employees at least 60 days before the changes will take effect.