CALIFORNIA EMPLOYER REQUIREMENTS
Before you hire your first employee in the state of California you should understand what is required of you as an employer.
Every company that pays employees in the state of California has specific administrative and tax obligations.
Not fulfilling these obligations could result in the loss of the California Company's charter and hefty fines.
Federal Employer Identification Number (EIN)
explain
If you plan to be an employer in the state of California or any other state, you will need a Federal Employer Identification Number, commonly called an EIN or FEIN.
You will need to get an EIN before you hire any employees.
An EIN is like a Social Security Number for a business.
It is assigned by the US Internal Revenue Service (IRS).
An EIN is used to identify your business both to the IRS and the state of California.
You can pay a business services company to get your EIN or you can do it yourself online at the
IRS website.
Sometimes the process can get problematic.
You should understand the information that the IRS requires for your EIN before you try to get it online.
Refer to
IRS Form SS-4 for guidance.
Depending on the exact nature of your business you may need to register one or more employer accounts with the state of California.
You will need your EIN in order to complete the registration process.
If you plan to make a profit in the state of California, then you will have to register your business with the California Franchise Tax Board.
There are a few tax classifications that are available to a California business.
You should understand the nature of each tax classification type and the implications to your business before you register for a California State Tax ID.
Once you register online for your California State Tax ID, you should receive your confirmation by USPS mail within 10 business days of your registration.
Get a California State Tax IDFranchise Tax Board Contact Information
3321 Power Inn Rd
Suite 250
Sacramento, CA 95826-3893
Telephone: 800-852-5711
Register as a California Employer
explain
California businesses that hire employees to perform services are required by law to withhold, report, and pay payroll taxes to the California Employment Development Department.
If you operate a business and employ one or more employees in the state of California, you must register as an employer with the Employment Development Department when you pay wages in excess of $100 in a calendar quarter.
Once you have successfully registered your business with the Employment Development Department, you will be issued an eight-digit employer payroll tax account number also known as a State Employer Identification Number, SEIN, or State ID Number.
Your State ID Number is used to identify your business whenever whenever you correspond with the state.
California Employer Registration Information
Income and Payroll Tax Withholding
explain
The state of California has a Personal Income Tax.
When you pay wages to your California employees, those employees will have an Income Tax obligation with the California Franchise Tax Board on the wages that you pay them.
The Franchise Tax Board wants to make sure that they get the taxes due them from your employees.
In order to guarantee that the state gets its taxes, every Company which has employees in the state of California has specific employee Income Tax Withholding requirements.
This includes both filing reports and paying the Withholding amounts on a regular basis, usually quarterly.
Income Tax is withheld from employees' wages. There are no employer contributions.
Generally, if someone who works for you is considered to be your employee for Federal Income Tax purposes,
that person is also considered to be your employee for California Income Tax purposes.
The California Withholding amount is based on the amount of wages paid, the number of withholding allowances claimed by the employee, and the payroll period.
All California employers are now required to electronically submit employment tax returns, wage reports, and payroll tax deposits.
California Employer Income Tax Withholding information
As a California employer
you are also required to withhold Federal Payroll and Income taxes from your employees' wages.
Payroll taxes include Social Security and Medicare taxes.
Employers send the withheld amounts to the federal government.
The US Internal Revenue Service requires that every employee must provide an employer with a signed withholding exemption form,
IRS Form W-4, on or before the date of employment.
The employer must then submit Form W-4 to the IRS.
Employers use Form W-4 to determine how much Income and Payroll Tax to withhold from each employee's wages.
Note that independent contractors are not considered to be employees.
The amount withheld for each employee is expected to be the employee's approximate tax obligation to both the state of California and the federal government.
IRS Withholding Depositing and Reporting Information
The California Unemployment Insurance program is administered by the Employment Development Department.
California Unemployment Insurance is an employer obligation. Payments are not deducted from an employee's wages.
The California Unemployment Insurance program is part of a nation-wide program administered by the US Department of Labor.
Unemployment Insurance provides temporary payments to individuals who are unemployed through no fault of their own.
Unemployment Insurance is, like other insurance policies, a numbers game.
Employer tax liability is based on a percentage of each employee's wages.
When a new California employer registers for Unemployment Insurance, the state has no numbers on which to base the percentage.
First time California employers are assigned an introductory rate based on the type of business and number of employees among other factors.
After the state has had enough time to compile insurance numbers on your business
(total contributions vs. total paid to former employees over time) they will assign an "Experience Rate" to compute the
percentage of wages to be paid going forward.
The percentagde rate is commonly adjusted on an annual basis.
California employers pay a percentage on the first $7,000 in wages paid to each employee in a calendar year.
The Unemployment Insurance rate schedule and amount of taxable wages may be revised annually.
New employers pay 3.4% for a period of two to three years.
The Employment Development Department notifies employers of their new rate each December.
The current maximum tax is $434 per employee per year.
Employment Development Department Contact Information P.O. Box 826880
UIPCD, MIC 40
Sacramento, CA 94280-0001
Telephone: 866-333-4606
California Unemployment Insurance information
Federal Unemployment Tax Act (FUTA) Tax
explain
The Federal Unemployment Tax Act is a federal law that imposes an unemployment tax on employers.
The FUTA tax funds the federal government's oversight of each state's unemployment program.
Only employers pay FUTA tax; there is no requirement for withholding amounts from employee wages.
Employers must deposit the tax quarterly and file an annual form.
FUTA Tax is used to fund the administrative costs of the California Unemployment Insurance program while Unemployment Tax is used solely for the payment of benefits to
unemployed California workers.
The current FUTA tax rate is 6%.
FUTA tax only applies to the first $7,000 you pay to each employee in a calendar year.
You will stop paying FUTA taxes on an employee's wages once you pay the employee more than $7,000.
Currently, the largest FUTA amount you will have to pay is $420 per employee ($7,000 x 0.06).
If you have FUTA tax liabilities, you need to make quarterly deposits and file
IRS Form 940.
All employers must now deposit FUTA taxes by using electronic funds transfer (EFT).
Usually, EFT payments are made using the Electronic Federal Tax Payment System (EFTPS).
EFTPS is a free service offered by the U.S. Department of the Treasury that allows you to pay federal taxes online or over the phone.
When you request a new EIN and indicate you will have federal tax payments, you are automatically pre-enrolled in EFTPS.
The IRS will notify you about the pre-enrollment and how you can activate the account.
If you are not pre-enrolled, you can sign up directly on the
EFTPS website or by calling the EFTPS at 800-555-4477.
Workers' Compensation Insurance
explain
The California Workers' Compensation Insurance program is administered by the Division of Workers' Compensation.
California Workers' Compensation Insurance is an employer obligation. Payments are not deducted from an employee's wages.
California employers are required by law to pay their employees if they are unable to work because of a work-related injury or illness.
Most employers pay the premiums for a Workers' Compensation Insurance policy which has been approved by the Division of Workers' Compensation.
Some employers opt to self-insure themselves if they are able to qualify with the Division of Workers' Compensation.
All California employers may be required to have Workers' Compensation Insurance even if they have only one employee.
While there are exceptions, almost all California employees who are injured on the job are eligible for Workers' Compensation Insurance benefits.
Insurance rates vary depending on the type of business being conducted, the carrier's rate and the employer's annual payroll. On average the current cost of an approved Workers' Compensation Insurance policy in the state of California is approximately $1.85 per $100 in payroll.
Division of Workers' Compensation Contact Information Telephone: 916-928-3101
Email:
DWC@dir.ca.gov
The California State Disability Insurance program is administered by the California Employment Development Department.
California employees who are injured
on the job may be eligible for Workers' Compensation Insurance benefits as described above.
The CA Employment Development Department requires that an employer maintain an additional Disability Insurance policy for people who are injured
off the job.
California Temporary Disability Insurance is an employer obligation. Payments are not deducted from an employee's wages.
The current California State Disability Insurance withholding rate is 1%. This rate includes Disability Insurance and Paid Family Leave, including Maternity Leave.
The current California State Disability Insurance taxable wage limit is $114,967 per employee, per year.
The current maximum weekly benefit amount is $1,216.
Employment Development Department Contact Information PO Box 13140
Sacramento, CA 95813-3140
Telephone: 800-480-3287
California State Disability Insurance information
The California Employment Training Tax program is administered by the Employment Development Department.
California has an additional tax which is paid entirely by employer contributions.
Payments are not deducted from employees' wages..
The Employment Training Tax was created to strengthen the California labor market. The Employment Training Tax provides funds to train employees in targeted industries to improve the competitiveness of California businesses.
The current Employment Training Tax rate is 0.1%; on the first $7,000 of each employee’s wages.
Both federal and state law requires all California employers, both public and private, to report all contractors and newly hired employees to the state within 20 days of the hire date.
Along with new employees, all California employers are also required to report employees who are rehired after a separation of 60 days or more, including individuals who remain on the
payroll during the separation.
Generally if an employee is required to fill out
IRS Form W-4, you must report that employee as a new hire.
State and county agencies use this information to assist in locating parents who are delinquent in their child support obligations.
California New Hire Reporting information
Federal law requires employers to verify an employee's eligibility to work in the United States.
Within three days of hire, employers must complete
Form I-9, employment eligibility verification, which requires employers to examine documents to confirm the employee's citizenship
or eligibility to work in the U.S.
Employers can only request the documentation specified on the I-9 form.
Employers do not need to submit the I-9 form to the federal government but are required to keep them on file for three years after the date of hire or one year
after the date of the employee's termination, whichever is later.
Both the federal and California governments require employers to post certain specific information related to wages, hours and working conditions in a location used by employees
where they can be easily read during normal work hours. The postings are commonly in a break or lunch room.
Posting requirements vary by type and size of business.
All mandatory posters are available free from the federal government or from the state of California.
Posters required by the federal government are available from the
US Department of Labor
California Employer Poster Information
Provide a Wage and Tax Statement to Each Employee
explain
California employers must provide each employee with an
IRS Form W-2, Wage and Tax Statement, each year.
Form W-2 includes the total amount of the employee's wages withheld for the past year, as well as the amount of specific deduction categories.
Form W-2 must be filed by January 31st each year for the previous tax year.
California employers must also file
IRS Form W-3, Transmittal of Wage and Tax Statements.
Form W-3 contains a summary of the total employee withholding amounts which a California employer withheld during the year.
Form W-3 with all IRS Forms W-2 attached must be filed before the last day of February.