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The IRS issued procedures for administration to use to handle the attendant appliance of the added bulk of the 2015 assets exclusion for annual alteration benefits. The Consolidated Appropriations Act, 2016, P.L. 114-113, retroactively reinstated adequation amid the allowances for parking and the annual for busline in a driver artery agent or for a alteration canyon for 2015 beneath Sec. 132. It additionally fabricated the adequation permanent.



941 form for 2016
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The adequation asleep at the end of 2014, so for all of 2015 the best that could be afar from assets for busline in a driver artery agent or for a alteration canyon was $130 per month, while the bulk accustomed for parking was $250 per month. As a applied matter, taxpayers accustomed their allowances for 2015 at these rates, and it was cryptic what the apparatus would be to acquittance the assets and Federal Insurance Contributions Act (FICA) taxes paid on amounts that would accept been afar from assets beneath the college $250-a-month akin (referred to as “excess alteration benefits”). For the aboriginal time, the legislation extending the adequation additionally fabricated it permanent, so the IRS additionally appear the bulk of the exclusion for both types of allowances for 2016 is $255, adapted for inflation.

On Tuesday, the IRS appear Notice 2016-6 to accommodate simplified procedures for administration to use in filing Form 941, Employer’s Quarterly Federal Tax Return, for the fourth division of 2015 to reflect changes in the excludable bulk for alteration allowances provided in all abode of 2015, and in filing Forms W-2, Wage and Tax Statement.



The procedures abode alone the overcollected FICA taxes consistent from the lower alteration annual amount. In cases of overcollected FICA tax, administration are about appropriate to accord or balance to advisers the bulk of overcollected FICA tax. However, administration cannot acclimatize overpayments of assets tax afterwards the end of the agenda year (Regs. Sec. 31.6413(a)-1(b)). In addition, although administration can acquittance overcollected FICA taxes afterwards the end of the tax year, they cannot acquittance overcollected added Medicare tax afterwards the end of the year (Regs. Secs. 31.6413(a)-1(a)(2)(ii) and 31.6413(a)-2(a)(1)).



941 form for 2016
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Special rules for administration that accept not yet filed their final Form 941 for 2015

To use this appropriate authoritative procedure, administration charge accord or balance their advisers the overcollected FICA tax on the balance alteration allowances for all four abode of 2015 on or afore filing the fourth-quarter Form 941. The employer, in advertisement amounts on its fourth-quarter Form 941, may abate the fourth-quarter “Wages, tips, and added compensation” appear on band 2, “Taxable amusing aegis wages” appear on band 5a, “Taxable Medicare accomplishment & tips” appear on band 5c, and “Taxable accomplishment & tips accountable to Added Medicare Tax withholding” appear on band 5d by the balance alteration allowances for all four abode of 2015. Administration who use this appropriate authoritative action will abstain accepting to book Forms 941-X, Adapted Employer’s Quarterly Federal Tax Return or Affirmation for Refund, and Forms W-2c, Corrected Wage and Tax Statement.

Employers may actual alone the employer allotment of FICA tax that corresponds to the employees’ allotment of FICA tax that has been repaid or reimbursed to the employees. Administration application this appropriate action do not charge to access accounting statements from anniversary agent acknowledging that the agent did not accomplish a affirmation (or if the agent did accomplish a claim, that the affirmation was rejected) and will not accomplish a affirmation for acquittance of FICA tax overcollected in a above-mentioned year, which is usually appropriate back administration acquittance FICA tax to employees.

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Employers that accept not repaid or reimbursed some or all advisers who accustomed balance alteration allowances in 2015 by the time they book their fourth-quarter Form 941 charge use Form 941-X to accomplish an acclimation or affirmation for acquittance for the balance alteration allowances provided to those advisers and charge chase the accustomed procedures, which accommodate accepting a annual from employees.

Rule for administration that already filed final fourth-quarter Form 941 for 2015

Employers that already filed a final fourth-quarter Form 941 for 2015 charge use Form 941-X to accomplish an acclimation or affirmation a acquittance for any division in 2015 for the overpayment of tax on the balance alteration benefits, afterwards repaying or reimbursing the advisers or, for acquittance claims, accepting consents from employees.

941 form for 2016
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Special instructions for Forms W-2

Those administration that accept not yet furnished 2015 Forms W-2 to their advisers should booty into annual the added exclusion for alteration allowances in artful the bulk of accomplishment appear in box 1, “Wages, tips, added compensation,” box 3, “Social aegis wages,” and box 5, “Medicare accomplishment and tips.” Administration that accept already repaid or reimbursed their advisers for the overcollected FICA taxes afore capacity Form W-2 should abate the amounts of withheld tax appear in box 4, “Social aegis tax withheld,” and box 6, “Medicare tax withheld,” by those amounts. Employers, however, charge address in box 2, “Federal assets tax withheld,” the bulk of assets tax absolutely withheld during 2015. In addition, the amounts appear beneath box 6, “Medicare tax withheld,” will not be bargain by the added Medicare tax. The agent will be able to administer this added assets tax and added Medicare tax denial adjoin the employee’s taxes on Form 1040, U.S. Individual Assets Tax Return, for 2015.

For those administration that repaid or reimbursed their advisers for the overcollected FICA taxes afterwards they furnished Forms W-2 to their employees, but afore filing Forms W-2 with the Amusing Aegis Administration (SSA), the procedures crave them to analysis the “Void” box at the top of anniversary incorrect Form W-2 (Copy A), adapt new Forms W-2 with the actual information, and accelerate these new Forms W-2 to the SSA. The administration should additionally accouter the advisers new copies of Form W-2 apparent “CORRECTED.” Administration that accept already filed with the SSA their 2015 Forms W-2 charge book Forms W-2c to reflect the added exclusion for alteration benefits.

941 form for 2016
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—Sally P. Schreiber (sschreiber@aicpa.org) is a JofA chief editor.

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