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PART 1 - |
ESTABLISHING COVERAGE |
| Determining Coverage Liability |
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| As an employer of one or more
individuals in Wisconsin, you are required to maintain employment records that will permit
an accurate determination of your Unemployment Insurance (UI) tax liability. If requested,
you must submit reports to establish if you are a covered employer and/or your
contribution liability. You are required to pay UI contributions on your payroll after you've met the statutory coverage liability. Not all employers are "covered" employers. Those that do not meet the coverage requirements or maintain only excluded employment are not subject to the UI law. |
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A. |
Determining Coverage Liability |
| As an employer, you become "covered" and incur tax liability if you meet any one of the following conditions: |
| 1. | Conditions Exclusive to Commercial Employers: |
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| 2. | Conditions Exclusive to Agricultural Employers: |
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| 3. | Conditions Exclusive to Domestic Employers: |
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| 4. | Conditions Exclusive to Nonprofit Employers: |
| You are a nonprofit organization described in Section 501(c)(3) of the Internal Revenue Code and you employed four or more individuals on a day in 20 or more weeks in any calendar year. |
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| 5. | Conditions Exclusive to Government Employers: |
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| 6. | General Conditions Under Which ANY Employer Will Be Liable for UI Taxes: |
You have no liability by law, but you voluntarily elected to become a covered employer (with the Department's approval). |
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B. |
How to Establish Compliance |
| If you think you meet the above conditions or
you expect to in the near future, you can complete a new employer
registration form and send it to the department electronically. The web
site is
http://dwd.wisconsin.gov/ui/ It can be found on the DWD home page (http://dwd.wisconsin.gov) under Unemployment Insurance, then New Employer Registration. or Contact us by: E-mail: taxnet@dwd.state.wi.usor If you prefer a paper form, contact us at:
We will send you an employer's report and
an account number to establish your account. You can also request the
necessary forms
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| Deaf, hearing or speech-impaired callers may reach us through WI TRS. |
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C. |
UCT-1, Wisconsin Employer's Report Form |
| See
Example 1. The Employer's Report, Form UCT-1, (Example 1 - 2006 Wisconsin Employer's Report Form, UCT-1)is used to determine if an employer is subject to the unemployment insurance law. The Employer's Report should be completed by all employers who may have a liability to pay unemployment insurance taxes. The form is used to obtain information such as the employer's trade and legal names, address, type of business and business location. The form will also ask for information regarding an employer's payroll through the date the form is being completed. Employers completing this form should pay particular attention to employment that is excluded from coverage under the law. Types of employment that are excluded are detailed on this form. Corporations should also include wages paid to the officers of the corporation. |
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D. |
Time Limit on Liability |
| Historically, this department has placed a limit on the retroactive period used to establish an employer's status and contribution liability. In line with this policy, only the current year and the two preceding calendar years are used if no evidence of fraud or abuse exists. |
E. |
Reimbursement Financing |
| Governmental units, certain
nonprofit organizations, and Indian Tribes can choose between the tax and reimbursement methods of financing
unemployment benefit costs. (Only nonprofit organizations with a ruling of an IRS Code
501(c)(3) status can elect reimbursement financing.) Tax financing employers pay a
quarterly unemployment tax on the wages paid to their employees. Reimbursement financing
employers do not pay a quarterly tax, although they must still file the quarterly tax and
wage reports. Instead, they reimburse the department for 100% of the unemployment benefits
charged to their account. Billing notices, that show all benefits charged to the
employer's account, are sent on a monthly basis to employers electing reimbursement
financing. Accounts for nonprofit organizations are normally set up on the tax financing method but reimbursement financing can be elected. Accounts for governmental units are initially set up on the reimbursement financing method but tax financing can be elected. Indian tribes are normally set up on the tax financing method but as of 1/1/2002 they can now elect reimbursement financing as of the beginning of any calendar year. Indian Tribes & Nonprofit employers electing reimbursement financing must file an assurance of reimbursement with the department. The assurance can be in the form of a surety bond, letter of credit, certificate of deposit, or any other nonnegotiable instrument of fixed value. The employer's original assurance has to cover the 5-year period starting from the beginning of the year in which the employer's reimbursement financing election takes effect. The amount of the assurance must be at least equal to 4% of the employer's taxable wages for the past calendar year. The adequacy of the assurance amount is redetermined every other year. If the employer ceases business or converts to tax financing, the assurance must remain in effect for up to 2 1/2 years to cover the period of benefit claim liability. At the end of this period, the assurance is returned to the employer. Beginning in 2006, certain non-profit employers electing reimbursement financing may be subject to an annual assessment for payment of uncollectible benefit reimbursements due from employers no longer in business. The assessment will only be made in years where the amount uncollectible debts exceeds $5,000. The total assessment against all employers in limited to no more than $200,000 annually. When a governmental unit, nonprofit organization or Indian Tribe chooses to convert to reimbursement financing, the positive or negative balance in their tax account remains in the Unemployment Reserve Fund and is transferred to the Fund's balancing account. A government unit, nonprofit organization or Indian Tribe interested in obtaining further information about reimbursement financing should contact us at: |
| E-mail: taxnet@dwd.state.wi.us Internet: http://dwd.wisconsin.gov/uitax or Bureau of Tax & Accounting or |
| Telephone: (608) 261-6700 FAX: (608) 267-1400 Deaf, hearing or speech-impaired callers may reach us through WI TRS. |
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Return to Table of ContentsContinue to Next Part - Covered and Excluded Employment Go to List of Prior Versions |
| Content Contact: taxnet@dwd.state.wi.us |
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