State Unemployment Tax
Sections may be required to pay state unemployment tax for their employees. The laws requiring coverage for nonprofit organizations vary on a state by state basis. Most state unemployment laws don't define the term employee. However, the majority of states apply the "ABC" test to determine a worker's status. Under the "ABC" test, services are excluded from coverage only if all three of the following conditions are met:
- The worker is free from control or direction in the performance of work under the contract of service.
- Service is performed either outside the usual course of the business for which it is performed, or it is performed outside of all places of business of the enterprise for which it is performed.
- The individual is customarily engaged in an independent trade, occupation, profession, or business.
A few states have simplified the test further by using any two of the three conditions.
For information regarding unemployment tax regulations for your state, please contact the Chief Financial Officer at AWWA headquarters.
Federal Unemployment Tax (FUTA)
Sections are not required to pay this excise tax due to their classification as 501(c)3 organizations.
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