File your Taxes for Free!
  • Get your maximum refund*
  • 100% accurate calculations guaranteed*

TurboTax Federal Free Edition - File Taxes Online

Don't let filing your taxes get you down! We'll help make it as easy as possible. With e-file and direct deposit, there's no faster way to get your refund!

Approved TurboTax Affiliate Site. TurboTax and TurboTax Online, among others, are registered trademarks and/or service marks of Intuit Inc. in the United States and other countries. Other parties' trademarks or service marks are the property of the respective owners.


© 2012 - 2018 All rights reserved.

This is an Approved TurboTax Affiliate site. TurboTax and TurboTax Online, among other are registered trademarks and/or service marks of Intuit, Inc. in the United States and other countries. Other parties' trademarks or service marks are the property of the respective owners.
When discussing "Free e-file", note that state e-file is an additional fee. E-file fees do not apply to New York state returns. Prices are subject to change without notice. E-file and get your refund faster
*If you pay an IRS or state penalty or interest because of a TurboTax calculations error, we'll pay you the penalty and interest.
*Maximum Refund Guarantee - or Your Money Back: If you get a larger refund or smaller tax due from another tax preparation method, we'll refund the applicable TurboTax federal and/or state purchase price paid. TurboTax Federal Free Edition customers are entitled to payment of $14.99 and a refund of your state purchase price paid. Claims must be submitted within sixty (60) days of your TurboTax filing date and no later than 6/15/14. E-file, Audit Defense, Professional Review, Refund Transfer and technical support fees are excluded. This guarantee cannot be combined with the TurboTax Satisfaction (Easy) Guarantee. *We're so confident your return will be done right, we guarantee it. Accurate calculations guaranteed. If you pay an IRS or state penalty or interest because of a TurboTax calculations error, we'll pay you the penalty and interest.
https://turbotax.intuit.com/corp/guarantees.jsp

Can You File 2012 Taxes Now

1040ez Instructions 2012Nj Tax Form 1040xTaxact.comH&r Block E File1040ez Form PrintableTaxact 2010Free E File Federal And State Tax Return1040 Ez Tax Form 2013Vita Tax Locations 2012H & R Block Tax SoftwareMy Freetaxes ComFederal Form 1040ezIrs Free File 2011Free State Tax ReturnWww H&rblock2009 1040 FormIrs Extention FormTurbo Tax Filing 2012PriortaxForm 1040Military TurbotaxIrs Tax Return Forms 2012Irs 1040ez FormsTax Amendment Form 2011Irs Web Page Income Tax Form 2012Amend Tax Return2011 Free Tax FileMilitary Tax ServiceTax AmendTurbotax Amended ReturnFillable 1040ezHr Block 1040x2012 Irs 1040ez FormH & R BlockHow Do I File My Taxes For Last YearFile My State Taxes For FreeClaim Social Security Income TaxesCorrected Tax ReturnAmend Taxes Turbotax1040ez Forms Free Download

Can You File 2012 Taxes Now

Can you file 2012 taxes now 13. Can you file 2012 taxes now   How To Get Tax Help Table of Contents Whether it's help with a tax issue, preparing your tax return or a need for a free publication or form, get the help you need the way you want it: online, use a smart phone, call or walk in to an IRS office or volunteer site near you. Can you file 2012 taxes now Free help with your tax return. Can you file 2012 taxes now   You can get free help preparing your return nationwide from IRS-certified volunteers. Can you file 2012 taxes now The Volunteer Income Tax Assistance (VITA) program helps low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers. Can you file 2012 taxes now The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Can you file 2012 taxes now Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Can you file 2012 taxes now In addition, some VITA and TCE sites provide taxpayers the opportunity to prepare their own return with help from an IRS-certified volunteer. Can you file 2012 taxes now To find the nearest VITA or TCE site, you can use the VITA Locator Tool on IRS. Can you file 2012 taxes now gov, download the IRS2Go app, or call 1-800-906-9887. Can you file 2012 taxes now   As part of the TCE program, AARP offers the Tax-Aide counseling program. Can you file 2012 taxes now To find the nearest AARP Tax-Aide site, visit AARP's website at www. Can you file 2012 taxes now aarp. Can you file 2012 taxes now org/money/taxaide or call 1-888-227-7669. Can you file 2012 taxes now For more information on these programs, go to IRS. Can you file 2012 taxes now gov and enter “VITA” in the search box. Can you file 2012 taxes now Internet. Can you file 2012 taxes now    IRS. Can you file 2012 taxes now gov and IRS2Go are ready when you are —24 hours a day, 7 days a week. Can you file 2012 taxes now Download the free IRS2Go app from the iTunes app store or from Google Play. Can you file 2012 taxes now Use it to check your refund status, order transcripts of your tax returns or tax account, watch the IRS YouTube channel, get IRS news as soon as it's released to the public, subscribe to filing season updates or daily tax tips, and follow the IRS Twitter news feed, @IRSnews, to get the latest federal tax news, including information about tax law changes and important IRS programs. Can you file 2012 taxes now Check the status of your 2013 refund with the Where's My Refund? application on IRS. Can you file 2012 taxes now gov or download the IRS2Go app and select the Refund Status option. Can you file 2012 taxes now The IRS issues more than 9 out of 10 refunds in less than 21 days. Can you file 2012 taxes now Using these applications, you can start checking on the status of your return within 24 hours after we receive your e-filed return or 4 weeks after you mail a paper return. Can you file 2012 taxes now You will also be given a personalized refund date as soon as the IRS processes your tax return and approves your refund. Can you file 2012 taxes now The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Can you file 2012 taxes now Use the Interactive Tax Assistant (ITA) to research your tax questions. Can you file 2012 taxes now No need to wait on the phone or stand in line. Can you file 2012 taxes now The ITA is available 24 hours a day, 7 days a week, and provides you with a variety of tax information related to general filing topics, deductions, credits, and income. Can you file 2012 taxes now When you reach the response screen, you can print the entire interview and the final response for your records. Can you file 2012 taxes now New subject areas are added on a regular basis. Can you file 2012 taxes now  Answers not provided through ITA may be found in Tax Trails, one of the Tax Topics on IRS. Can you file 2012 taxes now gov which contain general individual and business tax information or by searching the IRS Tax Map, which includes an international subject index. Can you file 2012 taxes now You can use the IRS Tax Map, to search publications and instructions by topic or keyword. Can you file 2012 taxes now The IRS Tax Map integrates forms and publications into one research tool and provides single-point access to tax law information by subject. Can you file 2012 taxes now When the user searches the IRS Tax Map, they will be provided with links to related content in existing IRS publications, forms and instructions, questions and answers, and Tax Topics. Can you file 2012 taxes now Coming this filing season, you can immediately view and print for free all 5 types of individual federal tax transcripts (tax returns, tax account, record of account, wage and income statement, and certification of non-filing) using Get Transcript. Can you file 2012 taxes now You can also ask the IRS to mail a return or an account transcript to you. Can you file 2012 taxes now Only the mail option is available by choosing the Tax Records option on the IRS2Go app by selecting Mail Transcript on IRS. Can you file 2012 taxes now gov or by calling 1-800-908-9946. Can you file 2012 taxes now Tax return and tax account transcripts are generally available for the current year and the past three years. Can you file 2012 taxes now Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Credit (EITC) Assistant. Can you file 2012 taxes now Visit Understanding Your IRS Notice or Letter to get answers to questions about a notice or letter you received from the IRS. Can you file 2012 taxes now If you received the First Time Homebuyer Credit, you can use the First Time Homebuyer Credit Account Look-up tool for information on your repayments and account balance. Can you file 2012 taxes now Check the status of your amended return using Where's My Amended Return? Go to IRS. Can you file 2012 taxes now gov and enter Where's My Amended Return? in the search box. Can you file 2012 taxes now You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Can you file 2012 taxes now It can take up to 3 weeks from the date you mailed it to show up in our system. Can you file 2012 taxes now Make a payment using one of several safe and convenient electronic payment options available on IRS. Can you file 2012 taxes now gov. Can you file 2012 taxes now Select the Payment tab on the front page of IRS. Can you file 2012 taxes now gov for more information. Can you file 2012 taxes now Determine if you are eligible and apply for an online payment agreement, if you owe more tax than you can pay today. Can you file 2012 taxes now Figure your income tax withholding with the IRS Withholding Calculator on IRS. Can you file 2012 taxes now gov. Can you file 2012 taxes now Use it if you've had too much or too little withheld, your personal situation has changed, you're starting a new job or you just want to see if you're having the right amount withheld. Can you file 2012 taxes now Determine if you might be subject to the Alternative Minimum Tax by using the Alternative Minimum Tax Assistant on IRS. Can you file 2012 taxes now gov. Can you file 2012 taxes now Request an Electronic Filing PIN by going to IRS. Can you file 2012 taxes now gov and entering Electronic Filing PIN in the search box. Can you file 2012 taxes now Download forms, instructions and publications, including accessible versions for people with disabilities. Can you file 2012 taxes now Locate the nearest Taxpayer Assistance Center (TAC) using the Office Locator tool on IRS. Can you file 2012 taxes now gov, or choose the Contact Us option on the IRS2Go app and search Local Offices. Can you file 2012 taxes now An employee can answer questions about your tax account or help you set up a payment plan. Can you file 2012 taxes now Before you visit, check the Office Locator on IRS. Can you file 2012 taxes now gov, or Local Offices under Contact Us on IRS2Go to confirm the address, phone number, days and hours of operation, and the services provided. Can you file 2012 taxes now If you have a special need, such as a disability, you can request an appointment. Can you file 2012 taxes now Call the local number listed in the Office Locator, or look in the phone book under United States Government, Internal Revenue Service. Can you file 2012 taxes now Apply for an Employer Identification Number (EIN). Can you file 2012 taxes now Go to IRS. Can you file 2012 taxes now gov and enter Apply for an EIN in the search box. Can you file 2012 taxes now Read the Internal Revenue Code, regulations, or other official guidance. Can you file 2012 taxes now Read Internal Revenue Bulletins. Can you file 2012 taxes now Sign up to receive local and national tax news and more by email. Can you file 2012 taxes now Just click on “subscriptions” above the search box on IRS. Can you file 2012 taxes now gov and choose from a variety of options. Can you file 2012 taxes now    Phone. Can you file 2012 taxes now You can call the IRS, or you can carry it in your pocket with the IRS2Go app on your smart phone or tablet. Can you file 2012 taxes now Download the free IRS2Go app from the iTunes app store or from Google Play. Can you file 2012 taxes now Call to locate the nearest volunteer help site, 1-800-906-9887 or you can use the VITA Locator Tool on IRS. Can you file 2012 taxes now gov, or download the IRS2Go app. Can you file 2012 taxes now Low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers can get free help with their tax return from the nationwide Volunteer Income Tax Assistance (VITA) program. Can you file 2012 taxes now The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Can you file 2012 taxes now Most VITA and TCE sites offer free electronic filing. Can you file 2012 taxes now Some VITA and TCE sites provide IRS-certified volunteers who can help prepare your tax return. Can you file 2012 taxes now Through the TCE program, AARP offers the Tax-Aide counseling program; call 1-888-227-7669 to find the nearest Tax-Aide location. Can you file 2012 taxes now Call the automated Where's My Refund? information hotline to check the status of your 2013 refund 24 hours a day, 7 days a week at 1-800-829-1954. Can you file 2012 taxes now If you e-file, you can start checking on the status of your return within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. Can you file 2012 taxes now The IRS issues more than 9 out of 10 refunds in less than 21 days. Can you file 2012 taxes now Where's My Refund? will give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. Can you file 2012 taxes now Before you call this automated hotline, have your 2013 tax return handy so you can enter your social security number, your filing status, and the exact whole dollar amount of your refund. Can you file 2012 taxes now The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Can you file 2012 taxes now Note, the above information is for our automated hotline. Can you file 2012 taxes now Our live phone and walk-in assistors can research the status of your refund only if it's been 21 days or more since you filed electronically or more than 6 weeks since you mailed your paper return. Can you file 2012 taxes now Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. Can you file 2012 taxes now You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Can you file 2012 taxes now It can take up to 3 weeks from the date you mailed it to show up in our system. Can you file 2012 taxes now Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, publications, and prior-year forms and instructions (limited to 5 years). Can you file 2012 taxes now You should receive your order within 10 business days. Can you file 2012 taxes now Call TeleTax, 1-800-829-4477, to listen to pre-recorded messages covering general and business tax information. Can you file 2012 taxes now If, between January and April 15, you still have questions about the Form 1040, 1040A, or 1040EZ (like filing requirements, dependents, credits, Schedule D, pensions and IRAs or self-employment taxes), call 1-800-829-1040. Can you file 2012 taxes now Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. Can you file 2012 taxes now The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. Can you file 2012 taxes now These individuals can also contact the IRS through relay services such as the Federal Relay Service. Can you file 2012 taxes now    Walk-in. Can you file 2012 taxes now You can find a selection of forms, publications and services — in-person. Can you file 2012 taxes now Products. Can you file 2012 taxes now You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Can you file 2012 taxes now Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. Can you file 2012 taxes now Services. Can you file 2012 taxes now You can walk in to your local TAC for face-to-face tax help. Can you file 2012 taxes now An employee can answer questions about your tax account or help you set up a payment plan. Can you file 2012 taxes now Before visiting, use the Office Locator tool on IRS. Can you file 2012 taxes now gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and hours of operation, and services provided. Can you file 2012 taxes now    Mail. Can you file 2012 taxes now You can send your order for forms, instructions, and publications to the address below. Can you file 2012 taxes now You should receive a response within 10 business days after your request is received. Can you file 2012 taxes now Internal Revenue Service 1201 N. Can you file 2012 taxes now Mitsubishi Motorway Bloomington, IL 61705-6613    The Taxpayer Advocate Service Is Here to Help You. Can you file 2012 taxes now The Taxpayer Advocate Service (TAS) is your voice at the IRS. Can you file 2012 taxes now Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. Can you file 2012 taxes now   What can TAS do for you? We can offer you free help with IRS problems that you can't resolve on your own. Can you file 2012 taxes now We know this process can be confusing, but the worst thing you can do is nothing at all! TAS can help if you can't resolve your tax problem and: Your problem is causing financial difficulties for you, your family, or your business. Can you file 2012 taxes now You face (or your business is facing) an immediate threat of adverse action. Can you file 2012 taxes now You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised. Can you file 2012 taxes now   If you qualify for our help, you'll be assigned to one advocate who'll be with you at every turn and will do everything possible to resolve your problem. Can you file 2012 taxes now Here's why we can help: TAS is an independent organization within the IRS. Can you file 2012 taxes now Our advocates know how to work with the IRS. Can you file 2012 taxes now Our services are free and tailored to meet your needs. Can you file 2012 taxes now We have offices in every state, the District of Columbia, and Puerto Rico. Can you file 2012 taxes now   How can you reach us? If you think TAS can help you, call your local advocate, whose number is in your local directory and at Taxpayer Advocate, or call us toll-free at 1-877-777-4778. Can you file 2012 taxes now   How else does TAS help taxpayers?  TAS also works to resolve large-scale, systemic problems that affect many taxpayers. Can you file 2012 taxes now If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System. Can you file 2012 taxes now Low Income Taxpayer Clinics. Can you file 2012 taxes now   Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals, and tax collection disputes. Can you file 2012 taxes now Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Can you file 2012 taxes now Visit Taxpayer Advocate or see IRS Publication 4134, Low Income Taxpayer Clinic List. Can you file 2012 taxes now Prev  Up  Next   Home   More Online Publications
Español

The Can You File 2012 Taxes Now

Can you file 2012 taxes now Publication 957 - Main Content Table of Contents 1. Can you file 2012 taxes now What is Back Pay?Reporting Back Pay Back Pay Under a Statute Nonstatutory Back Pay Format for Report to the SSA Questions 2. Can you file 2012 taxes now Special Wage PaymentsReporting Special Wage Payments Reporting Nonstatutory (Nonqualified) Stock Options as Special Wage Payments Nonqualified Deferred Compensation and Section 457 Plans Additional Reporting Examples for Nonqualified Deferred Compensation (NQDC) PlansSpecial rule for box 11 of Form W-2 (distributions and deferral in the same year). Can you file 2012 taxes now 1. Can you file 2012 taxes now What is Back Pay? Back pay is pay received in a tax year(s) for actual or deemed employment in an earlier tax year(s). Can you file 2012 taxes now For social security coverage and benefit purposes, all back pay, whether or not under a statute, is wages if it is payment for covered employment. Can you file 2012 taxes now Damages for personal injury, interest, penalties, and legal fees included with back pay awards are not wages. Can you file 2012 taxes now Report all back pay. Can you file 2012 taxes now However, the tax year(s) for which back pay is credited as wages for social security purposes is different if it is awarded under a statute. Can you file 2012 taxes now See Back Pay Under a Statute , later, for more information. Can you file 2012 taxes now Reporting Back Pay The Internal Revenue Service (IRS) and the SSA consider back pay awards to be wages. Can you file 2012 taxes now However, for income tax purposes, the IRS treats all back pay as wages in the year paid. Can you file 2012 taxes now Employers should use Form W-2, Wage and Tax Statement, or electronic wage reports to report back pay as wages in the year they actually pay the employee. Can you file 2012 taxes now The SSA no longer accepts reports on tapes, cartridges, and diskettes. Can you file 2012 taxes now Example. Can you file 2012 taxes now In 2012, Terry Morris earned wages of $50,000. Can you file 2012 taxes now In the same year, she received $100,000 in settlement of a back pay case against her employer that covered the periods January 2007 through December 2011. Can you file 2012 taxes now Her employer properly reflected social security wages of $110,100 and Medicare wages of $150,000 on her 2012 Form W-2. Can you file 2012 taxes now However, if an employer did not include back pay wages on a previously filed Form W-2, magnetic media, or electronically filed wage report, the employer should prepare a wage correction report, Form W-2c, Corrected Wage and Tax Statement, or electronically filed report, to add the back pay award to the wages previously reported. Can you file 2012 taxes now Example. Can you file 2012 taxes now If, in the above example, Terry Morris' employer had prepared her 2012 Form W-2 reporting social security and Medicare wages of only $50,000 each, the employer would have to correct that report. Can you file 2012 taxes now A Form W-2c correcting the 2012 Form W-2 would show previously reported social security and Medicare wages of $50,000 and the correct amount of $110,100 for social security wages and $150,000 for Medicare wages. Can you file 2012 taxes now SSA treatment of back pay under a statute. Can you file 2012 taxes now   Under the law, the SSA credits back pay awarded under a statute to an individual's earnings record in the period(s) the wages should have been paid. Can you file 2012 taxes now This is important because wages not credited to the proper year may result in lower social security benefits or failure to meet the requirements for benefits. Can you file 2012 taxes now   However, back pay under statute payments will remain posted to the employee's social security earnings record in the year reported on Form W-2 (or Form W-2c) unless the employer or employee notifies the SSA (in a separate, special report) of the back pay under a statute payment. Can you file 2012 taxes now Then, the SSA can allocate the statutory back pay to the appropriate periods. Can you file 2012 taxes now   If a back pay award is not made under a statute, the SSA credits back pay as wages in the year paid. Can you file 2012 taxes now    If employers do notify the SSA of this payment, they should prepare a special report (with the information noted below) and send it to: Social Security Administration Attn: CPS Back Pay Staff 7-B-15 SWT 1500 Woodlawn Drive Baltimore, MD 21241-0001 Be sure to send this special report to the above address because the SSA handles it separately from other reports. Can you file 2012 taxes now    If you paid the back pay award in the same tax year to which it applies, report the wages on that year's Form W-2. Can you file 2012 taxes now No further action is necessary. Can you file 2012 taxes now Example. Can you file 2012 taxes now In 2012, Judy Wilson received a salary of $30,000 and a back pay under statute award of $2,000 for the period January through June 2012. Can you file 2012 taxes now Her employer properly reported wages of $32,000 for social security and Medicare on her 2012 Form W-2. Can you file 2012 taxes now No further action is necessary. Can you file 2012 taxes now Information the SSA needs to properly credit back pay under a statute (special report). Can you file 2012 taxes now   After you complete the special report, you or the employee should send it to the SSA when or after you submit the Form W-2 (on paper or electronically) to the SSA for the year you pay the statutory back pay to the employee. Can you file 2012 taxes now There is no statute of limitations on the filing of the special report to enable the SSA to allocate the wages. Can you file 2012 taxes now The special report must include the following information. Can you file 2012 taxes now The employer's name, address, and employer identification number (EIN). Can you file 2012 taxes now A signed statement citing the federal or state statute under which the payment was made. Can you file 2012 taxes now If the statute is not identified, the SSA will assume the payment was not under a statute and will not allocate to earlier period(s). Can you file 2012 taxes now The name and telephone number of a person to contact. Can you file 2012 taxes now The SSA may have additional questions concerning the back pay case or the individual employee's information. Can you file 2012 taxes now A list of employees receiving the payment and the following information for each employee: The tax year you paid and reported the back pay. Can you file 2012 taxes now The employee's social security number (SSN). Can you file 2012 taxes now The employee's name (as shown on his or her social security card). Can you file 2012 taxes now The amount of the back pay award excluding any amounts specifically designated otherwise, for example, damages for personal injury, interest, penalties, and legal fees. Can you file 2012 taxes now The period(s) the back pay award covers (beginning and ending dates—month and year). Can you file 2012 taxes now The other wages paid subject to social security and/or Medicare taxes and reported in the same year as the back pay award (if none, show zero)*. Can you file 2012 taxes now Do not include the back pay award shown in that wage report. Can you file 2012 taxes now If you originally submitted the report under an establishment number, show that number and the amount of money that is to remain under that establishment number. Can you file 2012 taxes now The amount to allocate to each reporting period*. Can you file 2012 taxes now This includes any amount you want allocated (if applicable) to the tax year of the award payment. Can you file 2012 taxes now If you do not give the SSA specific amounts to allocate, the SSA does the allocation by dividing the back pay award by the number of months or years covered by the award. Can you file 2012 taxes now *Note. Can you file 2012 taxes now   For periods before January 1, 1978 (before January 1, 1981, for state and local government employers covered by a Section 218 agreement), show the wage amounts for each calendar quarter ending March 31, June 30, September 30, and December 31. Can you file 2012 taxes now For all tax years, show and identify the social security and/or Medicare Qualified Government Employment (MQGE) wages (where applicable) separately. Can you file 2012 taxes now MQGE is applicable to federal employees beginning in 1983, and for certain state and local government employees beginning in 1986. Can you file 2012 taxes now For tax years 1991 and later, list the social security and Medicare wages separately. Can you file 2012 taxes now If you originally reported the individual's wages under an establishment or payroll record unit number, show the amount of wages to remain in the award year for that number and furnish that number to the SSA along with the EIN. Can you file 2012 taxes now Back Pay Under a Statute Back pay awarded under a statute is a payment by an employer following an award, determination, or agreement approved or sanctioned by a court or government agency responsible for enforcing a federal or state statute that protects an employee's right to employment or wages. Can you file 2012 taxes now Examples of pertinent statutes include: Age Discrimination in Employment Act, Americans with Disabilities Act, Equal Pay Act, Fair Labor Standards Act, National Labor Relations Act, State minimum wage laws, and State statutes that protect rights to employment and wages. Can you file 2012 taxes now Payments based on laws that have a similar effect to those listed above also may qualify as payments made under a statute. Can you file 2012 taxes now Back pay awards, under some of the statutes listed above, may be compensation for personal injury and not pay for employment. Can you file 2012 taxes now Such awards are not wages for social security coverage purposes. Can you file 2012 taxes now If a court-approved or sanctioned settlement agreement states that the agreement is not an admission of discrimination, liability, or act of wrongdoing, the statement does not change the nature of a back pay award. Can you file 2012 taxes now The payments made in such a settlement may still be back pay and wages under the rules discussed here. Can you file 2012 taxes now Nonstatutory Back Pay A payment for back wages negotiated between an employer and employee without an award, determination, or agreement approved or sanctioned by a court or government agency, the payment is not made under a statute. Can you file 2012 taxes now Delayed wage payments and retroactive pay increases resulting from union negotiation or payments under local ordinances or regulations are back pay and are wages. Can you file 2012 taxes now However, they are not payments made under a statute. Can you file 2012 taxes now If you are uncertain whether the back pay award was under a qualified statute, you may need to contact your personnel department or legal counsel or the attorney who filed the suit. Can you file 2012 taxes now Format for Report to the SSA Use the format shown in Table 1, later, to send the SSA the information needed to properly credit back pay under a statute. Can you file 2012 taxes now In a cover letter, include: Name and address of the employer, Statute under which you paid the back pay, Name and telephone number of the employer contact, and Signature of the reporting official. Can you file 2012 taxes now Under certain circumstances, back pay may be a special wage payment and excluded from wages counted under the social security earnings test. Can you file 2012 taxes now If you pay back pay to an employee age 61 or older, report it to the SSA in accordance with this section. Can you file 2012 taxes now Read Special Wage Payments, later, for additional reporting instructions. Can you file 2012 taxes now Questions If you have questions concerning back pay under a statute, call the SSA at 1-800-772-6270. Can you file 2012 taxes now Exception. Can you file 2012 taxes now   If you are a state or local government employer who was covered by an agreement under Section 218 of the Social Security Act before January 1, 1987, and you paid a back pay award before January 1, 1987, which you did not report to the SSA, contact your state Social Security Administrator's office. Can you file 2012 taxes now Table 1. Can you file 2012 taxes now Format for Report (Under Covering Letter) to Request SSA to Allocate Back Pay Under Statute Wages Employer's EIN: xx-xxxxxxx Tax Year in Which Award Payment Was Paid: 2012 (1) SSN and Employee Name (2)1 Award Amount and Period(s) (3)2,3 Other Soc. Can you file 2012 taxes now Sec. Can you file 2012 taxes now /Med. Can you file 2012 taxes now Wages Paid In Award Year (4)3 Allocation     Soc. Can you file 2012 taxes now Sec. Can you file 2012 taxes now Med. Can you file 2012 taxes now /MQGE Year Soc. Can you file 2012 taxes now Sec. Can you file 2012 taxes now Med. Can you file 2012 taxes now /MQGE xxx-xx-xxxx HELEN T. Can you file 2012 taxes now SMITH $100,000 1/2009 - 12/2012 $40,000 $40,000 2009 2010 2011 2012 $20,000 25,000 27,000 28,000 $20,000 25,000 27,000 28,000 xxx-xx-xxxx SAM W. Can you file 2012 taxes now EVANS 30,000 7/89-12/91 -0- -0- 1989 1990 1991   6,000 12,000 12,000 xxx-xx-xxxx ROLAND S. Can you file 2012 taxes now ADAMS 15,000 7/80-12/81 -0- -0- 9/80 12/80 1981 3,500 3,500 8,000   1Exclude amounts specifically designated as damages, penalties, etc. Can you file 2012 taxes now  2Exclude the amount of back pay, if any, included in that amount. Can you file 2012 taxes now  3For periods before January 1, 1978 (and for state and local government (Section 218) employers before January 1, 1981), show the wage amounts by calendar quarters. Can you file 2012 taxes now The social security and/or Medicare Qualified Government Employment (MQGE) wages (where applicable) must be shown separately FOR ALL YEARS. Can you file 2012 taxes now (Wages subject ONLY to MQGE would be shown in the Medicare/MQGE column; no wages would be shown in the Soc. Can you file 2012 taxes now Sec. Can you file 2012 taxes now column. Can you file 2012 taxes now ) For tax years 1991 and later, the social security and Medicare wages must be listed separately. Can you file 2012 taxes now Explanation of examples. Can you file 2012 taxes now Helen T. Can you file 2012 taxes now Smith–The back pay award, excluding interest, was $100,000 for the periods 1/2009-12/2012. Can you file 2012 taxes now In 2012, this employee was also paid $40,000 in other wages. Can you file 2012 taxes now (Her Form W-2 for 2012 reported $110,100 for social security and $140,000 for Medicare. Can you file 2012 taxes now The SSA allocation will result in adjusted posted wages of $68,000 for social security and $68,000 for Medicare for 2012. Can you file 2012 taxes now ) Sam W. Can you file 2012 taxes now Evans–The back pay award was $30,000 for the periods 7/89-12/91. Can you file 2012 taxes now This employee was hired in 1989 and was subject to MQGE only. Can you file 2012 taxes now He was no longer employed by this governmental employer in 2012. Can you file 2012 taxes now (His Form W-2 for 2012 reported $30,000 for social security and $30,000 for Medicare. Can you file 2012 taxes now After the SSA allocation, he will not have any net posted wages for 2012. Can you file 2012 taxes now ) Roland S. Can you file 2012 taxes now Adams–The back pay award was $15,000 for the periods 7/80-12/81. Can you file 2012 taxes now He was no longer employed by this state and local government (Section 218) employer in 2012. Can you file 2012 taxes now (His Form W-2 for 2012 reported $15,000 for social security and $15,000 for Medicare; after the SSA allocation, he will not have any net posted wages for 2012. Can you file 2012 taxes now ) If the state Social Security Administrator's office needs more information, they can contact the SSA at the following address:   Social Security Administration Office of Income Security Programs Office of Earnings and Program Integrity Policy 6401 Security Boulevard 2506 OPS Baltimore, MD 21235 2. Can you file 2012 taxes now Special Wage Payments A special wage payment (SWP) is an amount paid by an employer to an employee (or former employee) for services performed in a prior year. Can you file 2012 taxes now Employers should report to the SSA special wage payments made to employees and former employees who are recipients of social security retirement benefits. Can you file 2012 taxes now Special wage payments made to a retired employee receiving social security or to an employee who continues to work while receiving social security benefits may reduce the benefits the individual receives if not reported to the SSA. Can you file 2012 taxes now Special wage payments may include (but are not limited to): Accumulated sick and vacation pay, Back pay, Bonuses, Deferred compensation, Payments because of retirement, Sales commissions, Severance pay, and Stock options. Can you file 2012 taxes now Note. Can you file 2012 taxes now Payments made after retirement that are part of the normal payroll cycle should not be routinely reported as special wage payments. Can you file 2012 taxes now Earnings Test. Can you file 2012 taxes now   Benefits paid to a social security beneficiary under full retirement age may be reduced if the beneficiary continues to work. Can you file 2012 taxes now The SSA uses the information in boxes 1, 3, and 5 of Form W-2 to determine the beneficiary's current year earnings. Can you file 2012 taxes now Special wage payments, which are for services performed in a prior year, will increase the current year earnings on Form W-2, which also may result in a reduction in the beneficiary's benefits. Can you file 2012 taxes now If a benefit is reduced because of a special wage payment, the beneficiary must get documentation from the employer before the SSA can restore the deducted portion. Can you file 2012 taxes now Therefore, employer reports of special wage payments help prevent incorrect benefit reductions. Can you file 2012 taxes now Reporting Special Wage Payments Employers must report special wage payments for income tax purposes and social security and Medicare taxes in the year received. Can you file 2012 taxes now Report income, social security, and/or Medicare taxes for special wage payments on Form W-2. Can you file 2012 taxes now See Nonqualified Deferred Compensation and Section 457 Plans, later, for reporting nonqualified deferred compensation plan deferrals and payments on Form W-2. Can you file 2012 taxes now In addition, report to the SSA special wage payments made during the reporting year to retired employees and employees who continue to work while receiving social security benefits. Can you file 2012 taxes now Submit reports after the close of the tax year. Can you file 2012 taxes now To avoid delays in processing, submit reports in time to reach the SSA by April 1. Can you file 2012 taxes now Use one of the following reporting methods. Can you file 2012 taxes now Electronic reporting. Can you file 2012 taxes now   Special wage payment files can be sent electronically by logging onto Business Services Online (BSO) via the socialsecurity. Can you file 2012 taxes now gov website. Can you file 2012 taxes now BSO enables organizations and authorized individuals to conduct business with and submit confidential information to the Social Security Administration. Can you file 2012 taxes now You must register to use this website. Can you file 2012 taxes now The web address is www. Can you file 2012 taxes now socialsecurity. Can you file 2012 taxes now gov/bso/bsowelcome. Can you file 2012 taxes now htm. Can you file 2012 taxes now   Use the specifications and record layout shown in  Table 2, later. Can you file 2012 taxes now Only one file at a time may be submitted. Can you file 2012 taxes now If your file is large (>10MB), or you have a slow internet connection, the transmission will be faster if the file is zipped. Can you file 2012 taxes now A zipped file contains a file that has been compressed to reduce its file size. Can you file 2012 taxes now WinZip and PKZIP are examples of acceptable compression packages. Can you file 2012 taxes now   Electronic submissions not meeting the specifications in Table 2 will be rejected. Can you file 2012 taxes now Paper listing. Can you file 2012 taxes now   A paper listing can be used to report special wage payments to several employees. Can you file 2012 taxes now Use the format shown in Table 3, later. Can you file 2012 taxes now Submit paper listings to the local SSA office nearest your place of business. Can you file 2012 taxes now Visit www. Can you file 2012 taxes now socialsecurity. Can you file 2012 taxes now gov/locator to find a Social Security office near you. Can you file 2012 taxes now Form SSA-131. Can you file 2012 taxes now   Use Form SSA-131 to report special wage payments made to an employee. Can you file 2012 taxes now Also use this form to report nonqualified deferred compensation and section 457 plan deferrals and payments that could not be reported in box 11 of Form W-2. Can you file 2012 taxes now    This image is too large to be displayed in the current screen. Can you file 2012 taxes now Please click the link to view the image. Can you file 2012 taxes now Publication 957 Reporting Back Pay to the Social Security Administration Instructions for Form SSA–131   EMPLOYER INSTRUCTIONS FOR COMPLETING SPECIAL WAGE PAYMENT FORM 1. Can you file 2012 taxes now Provide the EIN that was used or will be used to report the employee's wages on the Form W-2. Can you file 2012 taxes now 2. Can you file 2012 taxes now Enter the date the employee retired. Can you file 2012 taxes now Enter “Not Retired” if the employee has not retired. Can you file 2012 taxes now 3. Can you file 2012 taxes now Enter the date that the employee last performed services; was not expected to return to work; and was not subject to recall to render additional services. Can you file 2012 taxes now This date should be the same as or earlier than the date in item “2”. Can you file 2012 taxes now Enter “Not Retired” if the employee has not retired. Can you file 2012 taxes now 4. Can you file 2012 taxes now Enter the wages that were paid to the employee in the tax year that were for services that were performed in years prior to the tax year or that were paid on account of retirement. Can you file 2012 taxes now  Examples (not all inclusive) of payments to be included: Payments in lieu of vacation that were earned in a year prior to the tax year. Can you file 2012 taxes now Accumulated sick payments which were paid in a lump sum based on “retirement” as the sole condition of payment. Can you file 2012 taxes now Accumulated sick payments paid at or after the date in item 3, which were earned in a year prior to the tax year. Can you file 2012 taxes now Payments “on account of retirement”–dismissal, severance or termination pay paid because of retirement. Can you file 2012 taxes now Bonuses which are paid pursuant to a prior contract, agreement or promise causing the employee to expect such payments regularly; or announced to induce the employee to work more steadily, rapidly or efficiently or to remain with the employer. Can you file 2012 taxes now Stock Options. Can you file 2012 taxes now   Do not include in item “4” payments: For annual, sick, holiday, or vacation pay if used (absence from work) prior to the date of retirement (earlier of items “2” or “3”). Can you file 2012 taxes now That were reported or will be reported under “Nonqualified Plans” on the Form W-2. Can you file 2012 taxes now That were deducted from the employee's wages and paid to a deferred compensation plan (e. Can you file 2012 taxes now g. Can you file 2012 taxes now , 401k). Can you file 2012 taxes now Employees health and dental plan benefits (non-covered/non-taxable for Social Security Wages). Can you file 2012 taxes now Bonuses earned and paid in the tax year. Can you file 2012 taxes now 5. Can you file 2012 taxes now Check whether payments listed in item 4 will be made for years after the tax year. Can you file 2012 taxes now If yes, please show the amounts and years in which these will be paid, if known. Can you file 2012 taxes now 6. Can you file 2012 taxes now Nonqualified deferred compensation and section 457 plans only. Can you file 2012 taxes now If you were unable to report nonqualified deferred compensation or section 457 plan payments and deferrals (contributions) on Form W-2 because both payments and deferrals occurred during the year, show the amount of wages earned by the employee during the tax year. Can you file 2012 taxes now Generally, the wages earned will be the compensation reported in block 1 of Form W-2 less payments from a nonqualified deferred compensation (or 457) plan, but including any amounts deferred under the plan during the tax year (See IRS Publication 957). Can you file 2012 taxes now Paperwork/Privacy Act Notice: This report is authorized by regulation 20 CFR 404. Can you file 2012 taxes now 702. Can you file 2012 taxes now The information that you provide will be used in making a determination regarding the amount of Social Security benefits payable to the above named individual. Can you file 2012 taxes now While your response is voluntary, if you do not respond we may not be able to make a correct determination regarding the amount of Social Security benefits payable to the above named individual for the year in question. Can you file 2012 taxes now We may also use the information you give us when we match records by computer. Can you file 2012 taxes now Matching programs compare our records with those of other Federal, State, or local government agencies. Can you file 2012 taxes now Many agencies may use matching programs to find or prove that a person qualifies for benefits paid by the Federal Government. Can you file 2012 taxes now The law allows us to do this even if you do not agree to it. Can you file 2012 taxes now Explanations about these and other reasons why information you provide us may be used or given out are available in Social Security Offices. Can you file 2012 taxes now If you want to learn more about this, contact any Social Security Office. Can you file 2012 taxes now The Paperwork Reduction Act: This information collection meets the clearance requirements of 44 U. Can you file 2012 taxes now S. Can you file 2012 taxes now C. Can you file 2012 taxes now §3507, as amended by Section 2 of the Paperwork Reduction Act of 1995. Can you file 2012 taxes now You are not required to answer these questions unless we display a valid Office of Management and Budget control number. Can you file 2012 taxes now We estimate that it will take you about 20 minutes to read the instructions, gather the necessary facts, and answer the questions. Can you file 2012 taxes now Form SSA-131 (8-2001) EF (06-2002)   Submit Form SSA-131 to the SSA office nearest your place of business. Can you file 2012 taxes now Or, the employee can submit it to the SSA office handling the claim. Can you file 2012 taxes now You or the employee must submit this form before the SSA can exclude the special wage payments for purposes of the earnings test. Can you file 2012 taxes now If reporting on more than one employee, complete a separate Form SSA-131 for each employee or use the paper listing format (except for reporting nonqualified and section 457 plan deferrals and payments) in Table 3. Can you file 2012 taxes now Do not report payments from nonqualified deferred compensation or section 457 plans that were reported in box 11 of Form W-2. Can you file 2012 taxes now Use Form SSA-131 if deferrals to and payments from nonqualified or section 457 plans occurred during the tax year. Can you file 2012 taxes now Reporting Nonstatutory (Nonqualified) Stock Options as Special Wage Payments A nonstatutory (nonqualified) option to purchase stock which is exercised in a year after the year in which the option was earned is a special wage payment. Can you file 2012 taxes now It should not count for the social security earnings test. Can you file 2012 taxes now Nonstatutory (nonqualified) options exercised as special wage payments by retired employees or employees who continue to work while receiving social security benefits should be reported by employers using the above reporting methods. Can you file 2012 taxes now Nonqualified Deferred Compensation and Section 457 Plans A nonqualified deferred compensation plan is a plan or arrangement established and maintained by an employer for one or more of its employees that provides for the deferral of compensation, but does not meet the requirements for a tax-qualified deferred compensation plan. Can you file 2012 taxes now For social security and Medicare purposes, deferred compensation plans for employees of state and local governments (section 457 plans) are treated the same as nonqualified plans. Can you file 2012 taxes now Nonqualified and section 457 plans are reported differently than other special wage payments. Can you file 2012 taxes now See Reporting Amounts Deferred to Nonqualified and Section 457 Plans below for specific instructions. Can you file 2012 taxes now Reporting Amounts Deferred to Nonqualified and Section 457 Plans Generally, when the related services are performed, nonqualified deferred compensation is subject to social security and Medicare tax when deferred. Can you file 2012 taxes now However, if nonqualified and section 457 plans contain provisions that delay the employee's right to receive payments from the plan, a period of substantial risk of forfeiture exists. Can you file 2012 taxes now The plans' deferrals, or contributions, are not subject to social security and Medicare taxes until the period of substantial risk of forfeiture ends. Can you file 2012 taxes now No risk of forfeiture. Can you file 2012 taxes now   If there is no risk of forfeiture, report wage amounts deferred to a nonqualified deferred compensation or section 457 plan in box 3 (up to the wage base maximum) and/or box 5 of Form W-2. Can you file 2012 taxes now Example. Can you file 2012 taxes now Company X's nonqualified deferred compensation plan allows the deferral of up to $20,000 of employee salaries each year. Can you file 2012 taxes now The plan has no risk of forfeiture. Can you file 2012 taxes now In 2012, Employee A defers $20,000 to the plan from a total salary of $200,000. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 $200,000 Box 3* 110,100 Box 5 200,000 *Wage base maximum for tax year 2012 Risk of forfeiture lapses before retirement. Can you file 2012 taxes now   If the substantial risk of forfeiture lapses before the employee retires, report all past contributions to the plan (or the value of the plan), including accumulated earned interest, in box 3 (up to the wage base maximum) and/or box 5 of Form W-2. Can you file 2012 taxes now The accumulated deferrals are reported along with any other social security and Medicare wages earned during the year. Can you file 2012 taxes now   Report in box 11 of Form W-2 the amount of deferrals, including any accumulated interest, that became taxable for social security and Medicare taxes during the year (but were for prior year services) because the deferred amounts were no longer subject to a substantial risk of forfeiture. Can you file 2012 taxes now If the employee continues working, future deferrals are social security and Medicare wages when they are earned. Can you file 2012 taxes now    Do not include in box 11 deferrals that are included in boxes 3 and/or 5 and that are for current year services. Can you file 2012 taxes now Risk of forfeiture lapses at retirement. Can you file 2012 taxes now   When an employee's right to a payment is contingent upon working until retirement, report all past contributions to the plan (or the value of the plan), including accumulated earned interest, as social security and/or Medicare wages in the year of retirement. Can you file 2012 taxes now Add the amount to other wages paid in that year, and enter in box 3 (up to the wage base maximum) and/or box 5 of Form W-2. Can you file 2012 taxes now   Report in box 11 of Form W-2 the amount of deferrals, including any accumulated interest, that became taxable for social security and Medicare taxes during the year (but were for prior year services) because the deferred amounts were no longer subject to a substantial risk of forfeiture. Can you file 2012 taxes now    Do not include in box 11 deferrals that are included in boxes 3 and/or 5 and that are for current year services. Can you file 2012 taxes now Example—risk of forfeiture. Can you file 2012 taxes now At the end of the risk-of-forfeiture period for Company Y's nonqualified deferred compensation plan, Employee B's accumulated deferrals, plus interest earned by the plan, are $120,000, not including B's $20,000 deferral for this year. Can you file 2012 taxes now B's wages, including this year's deferred amount, are $80,000. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 $60,000 Box 3* 110,100 Box 5 200,000 Box 11 120,000 *Wage base maximum for tax year 2012 Reporting Payments From Nonqualified and Nongovernmental Section 457 Plans When an employee or former employee retires and begins receiving payments (distributions) from a nonqualified or nongovernmental section 457 plan, report the payments in boxes 1 and 11 of Form W-2. Can you file 2012 taxes now Report payments (distributions) from a governmental section 457 plan on Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Can you file 2012 taxes now Example. Can you file 2012 taxes now Employee D retired from the XYZ company and began receiving social security benefits. Can you file 2012 taxes now XYZ paid D a $12,000 bonus upon retirement for sales made in a prior year, and D received $25,000 in payments from XYZ's nonqualified deferred compensation plan. Can you file 2012 taxes now In addition, D agreed to continue performing services for XYZ, but on a part-time basis for wages of $15,000 per year. Can you file 2012 taxes now D made no deferrals to the nonqualified plan this year. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 $52,000 Box 3 27,000 Box 5 27,000 Box 11 25,000 Report the $12,000 bonus to the SSA using electronic reporting, a paper listing, or Form SSA-131. Can you file 2012 taxes now For more information, see Reporting Special Wage Payments , earlier. Can you file 2012 taxes now Reporting Payments and Deferrals in the Same Year Do not complete box 11 when payments (distributions) are made from a nonqualified plan and deferrals are reported in boxes 3 and/or 5 of Form W-2 (including current year deferrals). Can you file 2012 taxes now Report to the SSA on Form SSA-131 the total amount the employee earned during the tax year. Can you file 2012 taxes now Normally, the amount earned is the amount reported in box 1 of Form W-2 less payments from a nonqualified or section 457 plan, but including any amounts deferred under the plan during the tax year. Can you file 2012 taxes now See Form SSA-131 and its instructions, earlier. Can you file 2012 taxes now Example. Can you file 2012 taxes now Employee K retired this year from Company XYZ and began receiving social security benefits. Can you file 2012 taxes now During the year he earned wages of $50,000 and deferred $35,000 of the wages into the company's nonqualified deferred compensation plan. Can you file 2012 taxes now K also received $75,000 in payments from the company's nonqualified plan. Can you file 2012 taxes now Form W-2 Completion Amount Special Wage Payment $75,000 Wages 50,000 Minus: deferral 35,000 Total reported in Box 1 $90,000     Wages including deferral reported in  Boxes 3 and 5 $50,000     Leave Box 11 blank. Can you file 2012 taxes now File Form SSA-131 -0-     Form SSA-131 Completion Amount from Box 1 of Form W-2 $90,000 Minus: payments from a nonqualified plan 75,000 Plus: amounts deferred into the plan during the year 35,000 Total wages earned for purposes of Form SSA-131 (item 6) $50,000 Additional Reporting Examples for Nonqualified Deferred Compensation (NQDC) Plans It is not necessary to show amounts deferred during the year under an NQDC plan subject to section 409A. Can you file 2012 taxes now If you report section 409A deferrals, show the amount in box 12 of Form W-2 using code Y. Can you file 2012 taxes now For more information, see Notice 2008-115, 2008-52 I. Can you file 2012 taxes now R. Can you file 2012 taxes now B. Can you file 2012 taxes now 1367, available at www. Can you file 2012 taxes now irs. Can you file 2012 taxes now gov/irb/2008-52_IRB/ar10. Can you file 2012 taxes now html. Can you file 2012 taxes now Special reporting rules apply when an NQDC plan is not compliant with section 409A (when there has been a “plan failure”). Can you file 2012 taxes now Income included under section 409A from an NQDC plan is reported in box 1 and box 12 of Form W-2 using code Z. Can you file 2012 taxes now See Notice 2008-115. Can you file 2012 taxes now The following examples use small dollar amounts for illustrative purposes. Can you file 2012 taxes now However, the amount reported in box 3 of Form W-2 is always limited by the social security earnings wage base (for example, $110,100 for 2012). Can you file 2012 taxes now The term “vested” in the following examples means that the amount deferred is not subject to a substantial risk of forfeiture. Can you file 2012 taxes now Conversely, the term “not vested” means that the amount deferred is subject to a substantial risk of forfeiture. Can you file 2012 taxes now The examples assume that the NQDC plan is in compliance with section 409A, and that amounts deferred under the plan are not includible in gross income as they are deferred. Can you file 2012 taxes now For purposes of the examples, it is assumed that the regular pay of the employee is remuneration for employment and wages for employment tax purposes except to the extent the deferral of a portion of the regular pay results in a reduction in wages. Can you file 2012 taxes now Example 1: Deferral that is immediately vested (no substantial risk of forfeiture) with no distributions and no vesting of prior-year deferrals. Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into her employer’s NQDC plan. Can you file 2012 taxes now The deferral of $20 was vested upon deferral and there was an employer match of $10 under the plan, which was also vested. Can you file 2012 taxes now Regular pay = $200; Deferral, vested = $20; Employer match, vested = $10. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($200 Regular pay minus $20 vested deferral) $180 Box 3 ($200 Regular pay plus $10 Employer match, vested) 210 Box 5 ($200 Regular pay plus $10 Employer match, vested) 210 Box 11 -0- Example 2: Deferral with delayed vesting (substantial risk of forfeiture) of employee and employer portions (no distributions and no vesting of prior-year deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s nonqualified deferred compensation plan. Can you file 2012 taxes now The deferral of $20 was not vested upon deferral, and there was an employer match of $10 under the plan, which was also not vested. Can you file 2012 taxes now Regular pay = $200; Deferral, not vested = $20; Employer match, not vested = $10. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($200 Regular pay minus $20 Deferral, not vested) $180 Box 3 ($200 Regular pay minus $20 Deferral, not vested) 180 Box 5 ($200 Regular pay minus $20 Deferral, not vested) 180 Box 11 -0- Example 3: Deferral that is immediately vested with prior-year deferrals and investment earnings on the prior-year deferrals that are now vesting (no distributions). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s nonqualified deferred compensation plan. Can you file 2012 taxes now The deferral of $20 was vested upon deferral. Can you file 2012 taxes now During the year, $100 of prior-year deferrals and $15 of investment earnings on the $100 of prior-year deferrals became vested. Can you file 2012 taxes now Regular pay = $200; Deferral, vested = $20; Vesting of prior-year deferrals = $100; Vesting of investment earnings on $100 of prior-year deferral = $15. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($200 Regular pay minus $20 Deferral, vested) $180 Box 3 ($200 Regular pay plus $100 vested prior-year deferral plus $15 earnings on deferral) 315 Box 5 ($200 Regular pay plus $100 vested prior-year deferral plus $15 vested investment earnings on prior year deferral) 315 Box 11 ($100 vested prior-year deferral plus $15 earnings) 115 Example 4: No deferrals but there are distributions (no vesting of prior-year deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $100, and the employee deferred no pay into the employer’s NQDC plan. Can you file 2012 taxes now There was no vesting of prior-year deferrals under the plan. Can you file 2012 taxes now During the year, there were total distributions of $50 from the plan to the employee. Can you file 2012 taxes now Regular pay = $100; Distribution = $50. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($100 Regular pay plus $50 Distribution) $150 Box 3 ($100 Regular pay ) 100 Box 5 ($100 Regular pay) 100 Box 11 ($50 Distribution) 50 Special rule for box 11 of Form W-2 (distributions and deferral in the same year). Can you file 2012 taxes now   If, in the same year, there are NQDC distributions and there are deferrals that are reportable in boxes 3 and/or 5 (current or prior-year deferrals) of Form W-2, do not complete box 11. Can you file 2012 taxes now Instead, report on Form SSA-131 the total amount the employee earned during the year. Can you file 2012 taxes now * Submit the SSA-131 to the nearest SSA office or give it to the employee. Can you file 2012 taxes now   *Generally, the amount earned by the employee during the tax year for purposes of item 6 of Form SSA-131 is the amount reported in box 1 of Form W-2 plus current-year deferrals that are vested (employee and employer portions) less distributions. Can you file 2012 taxes now Do not consider prior-year deferrals that are vesting in the current year. Can you file 2012 taxes now If there was a plan failure, the box 1 amount in this calculation should be as if there were no plan failure. Can you file 2012 taxes now Example 5: Deferral that is immediately vested and there are distributions (no vesting of prior-year deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s NQDC plan. Can you file 2012 taxes now There was also an employer match of $10. Can you file 2012 taxes now The deferral and employer match were vested upon deferral. Can you file 2012 taxes now There was no vesting of prior-year deferrals under the plan. Can you file 2012 taxes now During the year, there were total distributions of $50 from the plan to the employee. Can you file 2012 taxes now Regular pay = $200; Deferral, vested = $20; Employer match, vested = $10; Distribution = $50. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($50 Special Wage Payment (Distribution) plus $200 Regular pay minus $20 Deferral, vested) $230 Boxes 3 and 5 ($200 Regular pay plus $10 vested employer match) 210 Leave Box 11 blank. Can you file 2012 taxes now File Form SSA-131 -0-     Form SSA-131 Completion Item 6 - amount of wages earned by the employee during the tax year ($230 from Box 1 of Form W-2 minus $50 Distribution plus $30 vested current year employee deferral and employer match) $210 Example 6: Deferral with delayed vesting and there are distributions (no vesting of prior-year deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s NQDC plan. Can you file 2012 taxes now The deferral was not vested upon deferral. Can you file 2012 taxes now There was no vesting of prior-year deferrals under the plan. Can you file 2012 taxes now During the year, there were total distributions of $50 from the plan to the employee. Can you file 2012 taxes now Regular pay = $200; Deferral, not vested = $20; Distribution = $50. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($50 Special Wage Payment (Distribution) plus $200 Regular pay minus $20 Deferral, not vested) $230 Boxes 3 and 5 ($200 Regular pay minus $20 deferral that is not vested) 180 Box 11 ($50 Distribution). Can you file 2012 taxes now 50 Example 7: Deferral that is immediately vested and there are distributions (also vesting of prior-year deferrals and earnings on those prior-year deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s NQDC plan. Can you file 2012 taxes now The deferral was vested upon deferral. Can you file 2012 taxes now There was vesting of $100 of prior-year deferrals and $15 of earnings on the $100 prior-year deferral under the plan. Can you file 2012 taxes now During the year, there were total distributions of $50 from the plan to the employee. Can you file 2012 taxes now Regular pay = $200; Deferral, vested = $20; Distribution = $50; Vesting of prior-year deferrals ($100) and earnings on those prior-year deferrals ($15) = $115. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($50 Special Wage Payment (Distribution) plus $200 Regular pay minus $20 vested deferral $230 Boxes 3 and 5 ($200 Regular pay Plus $115 vested prior deferral (with vested earnings on the deferral)) 315 Leave Box 11 blank. Can you file 2012 taxes now File Form SSA-131 -0-     Form SSA-131 Completion Item 6, amount of wages earned by the employee during the tax year ($230 from Box 1 of Form W-2 minus $50 Distribution plus $20 vested current year deferral) $200 Example 8: Deferral with delayed vesting and there are distributions (vesting of prior-year deferrals, including employer matches, and earnings on those deferrals). Can you file 2012 taxes now For the year, the employee’s regular pay was $200, and the employee deferred $20 of the pay into the employer’s NQDC plan. Can you file 2012 taxes now The deferral was not vested upon deferral. Can you file 2012 taxes now There was also vesting of prior-year deferrals and employer matches and earnings on these amounts under the plan ($115). Can you file 2012 taxes now During the year, there were total distributions of $50 from the plan to the employee. Can you file 2012 taxes now Regular pay = $200; Deferral, not vested = $20; Distribution = $50; Vesting of prior-year deferrals and employer match = $100 plus earnings on that $100 of $15. Can you file 2012 taxes now Form W-2 Completion Amount Box 1 ($50 Special Wage Payment (Distribution) plus $200 regular pay minus $20 Deferral, not vested) $230 Boxes 3 and 5 ($200 Regular pay plus $115 vested prior-year deferral and prior year employer match and earning on the prior year amounts minus $20 deferral that is not vested) 295 Leave Box 11 blank. Can you file 2012 taxes now File Form SSA-131 -0-     Form SSA-131 Completion Item 6 ($230 Amount from Box 1 of Form W-2 minus $50 Distribution) $180 Table 2. Can you file 2012 taxes now Specifications for Electronic Reporting of Special Wage Payments Record Position  Field Size   Description Start End 1 3 3 Record Type—must include only the capital letters “SWP” 4 12 9 SSN—must be numeric and may not be all zeros 13 27 15 Last Name—all capitals and no punctuation; may have blanks on right only 28 38 11 First Name—all capitals and no punctuation; may have blanks on right only 39 39 1 Middle Initial—must be either a capital letter or blank 40 48 9 EIN—must be numeric and may not be all zeros 49 59 11 Payment—must be numeric; may not be all zeros; last two digits on right are assumed to be cents; no period or dollar sign 60 63 4 Payment Year—must be only a four-digit year 64 66 3 SSA Office Code—must be numeric and may be all zeros 67 67 1 Payment Type Code—must be the capital letter “T” 68 117 50 Filler  The record format is a fixed length of 117. Can you file 2012 taxes now  The file format is ASCII. Can you file 2012 taxes now  Submit only one file at a time. Can you file 2012 taxes now   Table 3. Can you file 2012 taxes now Sample—Paper Listing for Reporting Special Wage Payments to Several Employees Report of Special Wage PaymentsTax Year: Page of A. Can you file 2012 taxes now Employer Name: EIN:   Address: Contact Name:     Phone: ( )   . Can you file 2012 taxes now 1) B. Can you file 2012 taxes now Employee Name: (Last) (First) (MI)   C. Can you file 2012 taxes now SSN: D. Can you file 2012 taxes now SWP:$ E. Can you file 2012 taxes now Type: Other: 2) B. Can you file 2012 taxes now Employee Name: (Last) (First) (MI)   C. Can you file 2012 taxes now SSN: D. Can you file 2012 taxes now SWP:$ E. Can you file 2012 taxes now Type: Other: 3) B. Can you file 2012 taxes now Employee Name: (Last) (First) (MI)   C. Can you file 2012 taxes now SSN: D. Can you file 2012 taxes now SWP:$ E. Can you file 2012 taxes now Type: Other: 4) B. Can you file 2012 taxes now Employee Name: (Last) (First) (MI)   C. Can you file 2012 taxes now SSN: D. Can you file 2012 taxes now SWP:$ E. Can you file 2012 taxes now Type: Other: 5) B. Can you file 2012 taxes now Employee Name: (Last) (First) (MI)   C. Can you file 2012 taxes now SSN: D. Can you file 2012 taxes now SWP:$ E. Can you file 2012 taxes now Type: Other:     INSTRUCTIONS:   Enter tax year and page number. Can you file 2012 taxes now   A. Can you file 2012 taxes now Employer name, employer identification number (EIN), address, the name of a contact person, and a phone number where the contact person can be reached during normal business hours. Can you file 2012 taxes now   B. Can you file 2012 taxes now Employee's name. Can you file 2012 taxes now   C. Can you file 2012 taxes now Employee's social security number (SSN). Can you file 2012 taxes now   D. Can you file 2012 taxes now Total amount of special wage payments made to the employee. Can you file 2012 taxes now   E. Can you file 2012 taxes now Type of special wage payment from the following list: (1) Vacation Pay, (2) Sick Pay, (3) Severance Pay,  (4) Bonus, (5) Deferred Compensation, (6) Stock Options, and (7) Other—Please explain. Can you file 2012 taxes now   Do not use a paper listing for nonqualified deferred compensation and section 457 plan deferrals and payments that could not be reported in block 11 of Form W-2. Can you file 2012 taxes now (Get Form SSA-131. Can you file 2012 taxes now )                 Prev  Up  Next   Home   More Online Publications