A Lobbying Update From APA s Government Relations Team. Agenda. Agenda

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1 A Lobbying Update From APA s Government Relations Team Agenda Adequate Funding for IRS Accelerating W-2 Deadline Commuter Benefits Parity Mobile Workforce Bill Agenda Enhanced Wage Reporting Creditor Garnishments ACA Information Reporting GRTF Updates

2 APA Advocacy Represent the payroll industry to U.S. government U.S. Congress, IRS, SSA, DHS, OCSE, DOL, USCIS, ICE, OSC Goal: minimize administrative burden APA Advocacy APA uses leverage Total IRS collections FY $3.1T Through payroll $2.08T (68%) Child support collections FY $32.3B From employers $24.1B (75%) Adequate Funding for IRS Broad consensus that funding is inadequate TPA, TIGTA, Oversight Board, GAO Congress focuses on punishing IRS IRS targeting conservative EO groups Training funds down 83% Only 60% of calls answered; 28 min. wait Enforcement $$ down $7-$8B since 2010

3 Adequate Funding for IRS Aug letter from APA/GRTF Senate and House Committees Importance of fully funded IRS Right to quality service Enforcement gets $4/$1 Combat identity theft Meet new responsibilities ACA, FATCA, more returns Adequate Funding for IRS IRS APA events threatened Payroll Tax Forum Preparing for Year-End Congress, Capital Summit, EIPC Letter to SSA and IRS in 2014 Importance of attendance Disseminate information to attendees Adequate Funding for IRS How d they do in FY 2015? Avoided shutdown, no furlough days Contemplated 2-day shut down Through August, processed more than 140 million individual returns Only 31% of personal income tax callers reached a person last week of February

4 Accelerating W-2 Deadline FY16 budget would accelerate filing deadline to January 31 to prevent SIRF Senate committee hearings heard testimony that accelerate filing would help IRS Commissioner agreed IRS Security Summit Temporary regs No automatic W-2 extension Begins in 2017 filing season Accelerating W-2 Deadline GRTF IRS Issues Subcommittee studied potential impact in 2014; issued letter June 2015 APA met w/ House & Senate staff to discuss issues; more W-2cs; need to delay refunds Accelerating W-2 Deadline Number of states with 1/31 deadline continues to grow Now it s 11 states and territories (was 6 last year*) AL KY* UT CT NE* (2/1) VA DC* PA* WI* IN PR* 2/1 in 2016; 1/31 is Sunday 12

5 Accelerating W-2 Deadline Contents of letter Raising issues with accelerating deadline Availability of final W-2 information Reconciliation timing and adjustments Increase W-2cs and amended 1040s Offered potential alternatives Decrease e-filing threshold Move tax filing season Accelerating W-2 Deadline W-2 Verification Code Pilot Participating PSPs use on 2015 W-2s Code printed on clients EEs copies (B and C) Code will be in a separate box or EE info box 16 alphanumeric characters in groups of 4 Computed from W-2 data and IRS algorithm EE enters code when e-filing 1040 Accelerating W-2 Deadline W-2 Verification Code Pilot Tax software must include prompt to enter Must let taxpayer know it s OK not to have it Lack of code or wrong code no penalties or delays in processing If successful, W-2 may be amended in 2017 for 2018 filing Would code mean no new filing deadline?

6 Commuter Benefits Parity Transportation fringe benefits for 2015 Parking $250 Public transportation - $130 Tax Increase Prevention Act Increased transit to $250 Retroactive to January 1, 2014 Reporting issues IRS Notice Commuter Benefits Parity Bills introduced in 2015 H.R. 990: Would equalize benefits at $235 (be revenue neutral H.R. 1046: Would equalize benefits at $250 S. 1792: Would equalize benefits at $250 S. 1946: Would equalize benefits at $250 for 2 years ( ) Commuter Benefits Parity June 2015 letter from APA >50 organizations signed letter Goal - address the expired tax provision prior to year end

7 Commuter Benefits Parity APA letter Equalize parking/transit benefits permanently No retroactivity; prospective only Working with Commuter Benefits Work for Us coalition More public transit use means less traffic, highway wear/tear Administrative burdens for ERs and EEs from uncertainty Mobile Workforce Bill (HR 2315) 30-day safe harbor from nonresident taxation Retroactive to day 1 Athletes & public figures not protected Approved by House Judiciary Committee 20 Mobile Workforce Bill (HR 2315) APA provided comments to House subcommittee earlier Most companies don t comply with nonresident rules because of complexity Lack of resources software, time, money Others ignorant of obligations Overall, states will collect only 0.01% less NY would lose the most ($44.5M or more)

8 Mobile Workforce Bill (HR 2315) WA OR NV CA AK MT ID WY UT CO AZ NM ND SD NE KS OK TX MN WI NY MI IA PA OH IL IN WV VA MO KY NC TN AR SC GA MS AL LA ME VT NH MA RI CT NJ DE MD DC FL HI Nonresident employees subject to tax withholding on first day of travel Nonresident employees subject to withholding after reaching threshold No general personal income tax (or, in the case of DC, no tax on nonresidents) Mobile Workforce Bill (HR 2315) State % change $ change California -0.01% -$ 8.7M New York -0.06% -$44.5M New Jersey 0.10% $28.5M Rhode Island 0.11% $ 3.2M Wisconsin 0.01% $ 1.9M Total states -0.01% -$44.5M 23 Sen. Charles Schumer (D-NY)

9 Mobile Workforce Bill (HR 2315) 280+ companies support bill Join us! 25 Enhanced Wage Reporting Workforce Information Council Secretary of Labor, through BLS, acts with federal agencies and state employment statistics agency representatives Administrative Wage Record Enhancement Study Group Enhanced Wage Reporting Enhancements under consideration: Employee s occupation Job title Standard Occupational Classification (SOC) Code Employee s principal work location

10 Enhanced Wage Reporting September 2014: study group releases report of first-year findings Identifies both benefits and barriers Continued research Meeting with APA Employer survey Enhanced Wage Reporting Legislation: H.R. 644 Trade Facilitation and Trade Enforcement Act of 2015 Requires reporting of SOC codes Now in conference committee Regulations: DOL Notice of Proposed Rulemaking Requests information on enhanced wage reporting Garnishment Limits WA MT ND MN VT ME NH AK OR NV CA ID UT AZ WY CO NM SD NE KS OK TX WI NY MI IA PA OH IL IN WV VA MO KY NC TN AR SC GA MS AL LA MA RI CT NJ DE MD DC HI FL Follows federal Federal with exceptions Other Not allowed 30

11 Garnishment Period WA MT ND MN VT ME NH OR NV CA AK ID UT AZ WY CO NM SD NE KS OK TX WI NY MI IA PA OH IL IN WV VA MO KY NC TN AR SC GA MS AL LA MA RI CT NJ DE MD DC FL HI Continuous Other N/A 31 Creditor Garnishments Elements of APA proposal Continue until paid in full or released Answers to creditor Single answer 30 days to answer Multiple orders Remittances on payday Reasonable fees Reasonable penalties Creditor Garnishments Elements of APA proposal Continue until paid in full or released Answers to creditor Single answer 30 days to answer Multiple orders Remittances on payday Reasonable fees Reasonable penalties

12 Creditor Garnishments Elements of APA proposal Continue until paid in full or released Answers to creditor Single answer 30 days to answer Multiple orders Remittances on payday Reasonable fees Reasonable penalties Creditor Garnishments Elements of APA proposal Continue until paid in full or released Answers to creditor Single answer 30 days to answer Multiple orders Remittances on payday Reasonable fees Reasonable penalties Creditor Garnishments Elements of APA proposal Continue until paid in full or released Answers to creditor Single answer 30 days to answer Multiple orders Remittances on payday Reasonable fees Reasonable penalties

13 Creditor Garnishments July 2015: ULC holds first read-through of draft Wage Garnishment Act Final model bill expected in mid-2016 Present to states for 2017 legislatures Neutral on standard definition of disposable income All garnishments would continue until paid Multiple garnishments equally divided 15 days to respond (we wanted 30) Administrative fees still being discussed ACA Information Reporting Forms 1094-C W C W-2 Self-insured Additional requirements Due to IRS 2/29/16; 3/31/16 if e-filed Due to EEs 2/1/16 ACA Information Reporting May/June IRS Issues drafts of 2015: Forms 1094-C, 1094-B August IRS issues drafts of 2015: Forms 1095-C, 1095-B Instructions for: 1094-C/1095-C 1094-B/1095-B

14 ACA Information Reporting APA/GRTF sent letter in early September asking for clarifications of certain issues: Retention requirement 3 or 4 years? Must corrections be e-filed if originals are? Code 2C vs. 2E on Line 16 for multi-er plans Whether ERs with 3 rd party insurance and an HRA must complete Part III of 1095-C Must SSN be unavailable to use DOB; if so, what does that mean? ACA Information Reporting Final forms issued September 16, along with Notice HRA not reported if EE in 3 rd party plan Rules on SSN solicitation set forth No consent needed to provide EEs in expatriate health plans with e-1095-c Offer of COBRA coverage to ex-ee not an offer of coverage on Line 14: use Code 1H ACA Information Reporting Inflation-adjusted numbers for 2015/2016 Affordability: 9.5% of EE s household income % Rev. Proc % Rev. Proc Safe harbors unadjusted stay at 9.5%; Why? 4980H(a): $2,000; 4980H(b): $3, $2, $3, $2, $3,240

15 GRTF Updates IRS Issues Subcommittee Meets twice a month Goal discuss various IRS issues: Reporting and withholding Proposed IRS/Treasury regulations Proposed or passed legislation Co-chairs members of IRPAC/IRSAC GRTF Updates IRS Issues Subcommittee Recent items: Full funding for IRS FAQs for IRS levies 1094-C/1095-C instructions Form 941 free e-file GRTF Updates Federal Forms and Publications Meets once a month from May Aug Forms/Publications reviewed 2014 Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons Form 1098-E, Student Loan Interest Stmt T, Tuition Statement

16 GRTF Updates Immigration subcommittee Meet 3 rd Tuesday, every other month Representatives from ICE and USCIS Goals Examine requirements, forms, and programs of ICE, USCIS, OSC Minimize employer burden Improve communication GRTF Updates Recent immigration issues: Proposed E-Verify enhancements Driver s license and state IDs to undocumented used as list B document Pre-population of Form I-9 Signature waived Green cards as List A documents GRTF Updates SSA Wage Reporting and Redesign PA Local Income Tax Child Support / Garnishment Unemployment Insurance MyRA

17 A Lobbying Update From APA Thank You Please complete your evaluations