Victory State Bank: How To Be Compliant When Hiring Your First Employee
STATEN ISLAND, N.Y. -- If you are about to hire your first employee, Victory State Bank would like to share the following information with you.
There are many good sources of information about finding the right people, writing job descriptions, interviewing candidates and managing people once they are on board.
In addition, you'll need to understand your regulatory requirements as an employer because it is crucial to the success of your business.
Following these 10 steps from the U.S. Small Business Administration (www.sba.gov) will help to ensure you are compliant with key federal and state regulations when hiring:
1) Obtain an Employer Identification Number (EIN)
Before hiring employees, you need to get an employment identification number (EIN) form the U.S. Internal Revenue Service. The EIN is often referred to as an Employer Tax ID or as Form SS-4.
The EIN is necessary for reporting taxes and other documents to the IRS. In addition, the EIN is necessary when reporting information about your employees to state agencies. To obtain an EIN, you can contact the IRS directly (800-829-4933) or apply online: www.irs.gov/businesses/small/article/0,,id=102767,00.html.
2) Set up Records for Withholding Taxes
The IRS states that you must keep records of employment taxes for at least four years. Also, keep good records for your business to help you monitor the progress of your business, prepare your financial statements, identify source of receipts, keep track of deductible expenses, prepare your tax returns, and support items reported on tax returns.
On an annual basis, employers must report to the federal government wages paid and taxes withheld for each employee. This report is filed using Form W-2 Wage and Tax Statement. Employers must complete a W-2 Form for each employee to whom they pay a salary, wage or other compensation.
Employers must send Copy A of Form W-2 to the Social Security Administration (SSA) by the last day of February (or last day of March if you file electronically) to report the wages and taxes of your employees for the previous calendar year.
In addition, employers should send copies of Form W-2 to their employees by Jan. 31 of the year following the reporting period.
Visit the Social Security Administration's Employer W-2 Filing Instructions and Information for further guidance and assistance: http://www.socialsecurity.gov/employer/erii2b.htm.
Depending on the state where your employees are located, you may be required to withhold state income taxes. In New York, visit www.tax.ny.gov for more information.
3) Employee Eligibility Verification (Form I-9)
Federal law requires employers to verify an employee's eligibility to work in the United States. Within three days of hire, employers must complete an Employment Eligibility Verification Form, commonly referred to as an I-9 form: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
This requires you to examine acceptable forms of documentation supplied by the employee to confirm the employee's citizenship or eligibility to work in the U.S.
Employers can only request documentation specified on the I-9 form. Employers who ask for other types of documentation not listed on the I-9 form may be subject to discrimination lawsuits.
Employers do not file the I-9 with the federal government.
Rather, an employer is required to keep an I-9 form on file for three years after the date of hire or one year after the date of the employee's employment termination, whichever is later.
The U.S. Immigration and Customs Enforcement (ICE) agency conducts routine workplace audits to ensure that employers are properly completing and retaining I-9 forms, and that employee information on I-9 forms matches government records.
4) Register with Your State's New Hire Reporting Program
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 requires all employers to report newly hired and re-hired employees to a state directory within 20 days of their hire or rehire date.
Visit the New Hires Reporting Requirements page to learn how to register with your state's New Hire Reporting System. In New York state: http://www.tax.ny.gov/bus/wt/newhire.htm
Businesses with employees are required to carry Workers' Compensation Insurance coverage through a commercial carrier, on a self-insured basis or through the state Workers' Compensation Insurance program.
6) Unemployment Insurance Tax Registration
Businesses with employees are required to pay unemployment insurance taxes under certain conditions. If your business is required to pay these taxes, you must register your business with your state's workforce agency. The state taxes page includes links to your state's agency.
7) Obtain Disability Insurance
The New York State Workers' Compensation Board requires employers to provide partial wage replacement insurance coverage to their eligible employees for non-work related sickness or injury.
8) Post Required Notices
Employers are required by state and federal laws to prominently display certain posters in the workplace that inform employees of their rights and employer responsibilities under labor laws.
These posters are available for free from federal and state labor agencies: www.sba.gov/content/posters
If you are new employer, there are new federal and state tax filing requirements that apply to you.
• Generally, each quarter, employers who pay wages subject to income tax withholding, Social Security and Medicare taxes must file IRS Form 941, Employer's Quarterly Federal Tax Return.
Small businesses with an annual income tax liability of $1,000 or less may file IRS Form 944, Employer's Annual Federal Tax Return instead of Form 941.
•You must also file IRS Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, if you paid wages of $1,500 or more in any calendar quarter, or you had one or more employees work for you in any 20 or more different weeks of the year.
New and existing employers should consult the IRS Employer's Tax Guide to understand all their federal tax filing requirements. The guide is available at: http://search.irs.gov/web/query.html?col=allirs&charset=utf-8&qp=&qs=-Wct%3A%22Internal+Revenue+Manual%22&qc=&qm=0&rf=0&oq=&qt=Employer%27s+Tax+Guide+&search.x=34&search.y=10
In New York, visit http://www.tax.ny.gov/bus/wt/newhire.htm for specific tax filing requirements for employers.
10) Get Organized and Keep Yourself Informed
Being a good employer doesn't stop with fulfilling your various tax and reporting obligations. Maintaining a healthy and fair workplace, providing benefits and keeping employees informed about your company's policies are key to the success of your business.
For additional guidance, log onto http://www.sba.gov/content/10-steps-hiring-your-first-employee.
About Victory State Bank:
VSB Bancorp, Inc. (NASDAQ: VSBN) is the one-bank holding company for Victory State Bank. As Staten Island, N.Y.’s only community-based commercial bank, Victory State Bank operates five full-service locations on the Island: The main office in the community of Great Kills, and branches in the communities of West Brighton, St. George, Dongan Hills and Rosebank. For additional information, Victory State Bank may be reached at 718-979-1100 or visited online http://www.victorystatebank.com .
Relevant Public Relations, LLC