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I just registered a new company in PA. It is a small

for-profit admission consulting firm &...
I just registered a new company in PA. It is a small for-profit admission consulting firm & I'm the only employee (and owner). When doing PA100, I did not add Unemployment Compensation because I didn't know i'd be eligible. But pa100 is processed and maybe I should have? Should I have done it? And if I add the tax into PA 100, should I include other things I checked in the previous application (employer withholding tax, I did not do worker's compensation) or just the new part?
JA: The Accountant will know how to help. Is there anything else the Accountant should be aware of?
Customer: I lived in PA all year
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Answered in 23 minutes by:
9/22/2017
Tax.appeal.168
Tax.appeal.168, Accountant
Category: Finance
Satisfied Customers: 3,865
Experience: Tax Accountant
Verified

Hello. Thank you for choosing this Q&A service for assistance. My name is Angela. I will be assisting you.

Q: Should I have done it?

A: Yes, as you are required to register with the Dept. of Labor for UC purposes, you should have added unemployment compensation. SEE BELOW:

WHO MUST REGISTER FOR UC PURPOSES

In accordance with the provisions of the Pennsylvania (PA) UC Law, all enterprises providing full and/or part time employment to one or more workers must register with the Department of Labor & Industry, Office of UC Tax Services. An enterprise may be a sole proprietorship, partnership, corporation, limited liability company, business trust, association, etc.

REFERENCE SOURCE:

http://www.uc.pa.gov/employers-uc-services-uc-tax/registration/Pages/default.aspx

----------------------------

Refer to page 1 of the instructions to the PA100 regarding processing delays.

http://www.revenue.pa.gov/FormsandPublications/FormsforBusinesses/Documents/pa-100.pdf

My suggestion is to check over the entire application to make sure that you included everything that you should have.

If I have clarified matters for you, I ask that you be so kind as to scroll to the top of the page and select 3 or more stars to positively rate my response so that I can receive credit for assisting you. A 5 star rating is most appreciated. Thank you in advance.

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Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 12,877
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified

HI, MY NAME’S LANE - I hold a law degree (J.D.), with concentration in Tax Law, Estate law & Corporate law, an MBA in finance, a BBA, and CFP & CRPS (Chartered Retirement Plans Specialist) designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice 1986.

...

I am a different expert and I have a different answer.

...

The PA-100 can be used to do three things:

  • register a new enterprise,
  • add additional taxes or services, or
  • register a new enterprise that is acquiring all or part of an existing enterprise.

...

Just check the box in section I (line 2), that says "add new taxes or services"

...

You do NOT go back and complete sections for taxes or services that you've already done with the form before. You're simply adding a tax or service.

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Customer reply replied 2 months ago
Should I have added worker's compensation as well? Like I said, it's just a one person company and I have no plan to hire anyone else, nor expand into construction business (or any that involves physical activities)

No, workers comp doesn't apply until (if) you have employees and a payroll

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Hello again,

I was unable to respond to you because the 2nd expert had a lock on the question preventing me from responding. As mentioned in my first response

WHO MUST REGISTER FOR UC PURPOSES

In accordance with the provisions of the Pennsylvania (PA) UC Law, all enterprises providing full and/or part time employment to one or more workers must register with the Department of Labor & Industry, Office of UC Tax Services. An enterprise may be a sole proprietorship, partnership, corporation, limited liability company, business trust, association, etc.

REFERENCE SOURCE:

http://www.uc.pa.gov/employers-uc-services-uc-tax/registration/Pages/default.aspx

----------------------------

Refer to page 1 of the instructions to the PA100 regarding processing delays.

http://www.revenue.pa.gov/FormsandPublications/FormsforBusinesses/Documents/pa-100.pdf

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Customer reply replied 2 months ago
I plan to pay myself as an employee (run a payroll for the first time) because I finally have some profit.

Hello again. SEE BELOW:

REPORTING METHODS Contributory Method — Liability is determined by multiplying taxable payroll by a contribution rate. Contributing employers pay on the first $8,500 of covered wages paid to each employee in calendar year 2013. (See Appendix F) Wages include not only salaries, commissions, bonuses and tips, but also the cash value of payment made in a medium other than cash, such as lodgings, meals, etc.

REFERENCE SOURCE:

http://www.uc.pa.gov/Documents/UCP%20Forms/ucp-36.pdf

Page 8

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Not sure what all that's about ... but again, this is a very straightforward issue:

...

(1) You do NOT re-check the things already checked in the previous application, you simply use the add tax or services option in section I

...

(2) You DON'T choose workers compensation because you don't have a payroll UNLESS you are an S-Corporation or a C-Corporation. Only S-corp ( or C-Corp) employees pay themselves a salary.

...

Self-employed individuals (sole proprietors, LLC members not electing corporate taxation, or partners) live off the business profits. They do NOT set up a payroll. A self-employed individual simply pays estimated taxes to cover the tax on the profits that will flow to your personal return.

...

And in MANY states, a single shareholder/employee isn't required to have workers compensation anyway - Let me check on that for PA, for you. Be right back

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Customer reply replied 2 months ago
Oh it's because my company is an LLC but I elected s corp treatment. (I thought my business would make a lot more money). I didn't run payroll till now because I didn't have profit, but now I will.

Coverage for sole proprietors, partners, and corporate officers is optional in PA, so no even if you were an S-Corp employing yourself, you would not need Workers Comp.

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Looks like we crossed there. But again, no corporate officers do not need Workers Comp in PA. YOU CAN pay into it if you want (to cover yourself) but most dont.

Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 12,877
Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
Verified
Lane and 87 other Finance Specialists are ready to help you
Ask your own question now

Looks like we crossed there. But again, no. Corporate officers do not need Workers Comp in PA. YOU CAN pay into it if you want (to cover yourself) but most dont.

...

You can see that here is the state by state comparison: http://www.nfib.com/content/legal-compliance/legal/workers-compensation-laws-state-by-state-comparison-57181/

...

See this: http://www.horstinsurance.com/wp-content/uploads/2015/03/Sample-PA-Department-of-Labor-Approval-Letter.pdf

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Thanks much,

Lane

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Lane
Lane
Lane, JD, CFP, MBA, CRPS
Category: Finance
Satisfied Customers: 12,877
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Experience: Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986

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