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Form Instructions 944 Minnesota: What You Should Know
Employee status: Generally, employees are considered to be employees, regardless of what type of wages (salary or wage basis) they receive. However, employees are not required to file Form 941-T if any of the following requirements are satisfied. The employee's wages are subject to tax by federal, state or local governments, as if paid by social security, medicare or veterans administration. (See Form 941-T, Social Security Wage and Tax Statement, (IRS) for information on how to determine these withholding requirements.) A worker's wages will be subject to tax by federal, state or local governments if the income does not derive from, or the payment is not subject to, social security, medicare or veterans administration benefits (see Form 941-T, Social Security Wage and Tax Statement, (IRS) for information). (See Form W-2, Wage and Tax Statement for Individuals, (IRS) for information on wage withholding rules for workers.) The wages are earned through a business activity (as opposed to an employee of a partnership, S-corporation or sole proprietor). See Publication 1520, Employee's Tax Guide, for more information about these business activity rules. For a more complete discussion of workers' withholding and payroll tax (FICA) requirements, see Publication 1520. Generally, the amount of employee remuneration generally is subject to FICA tax by the employer. The employer is responsible for withholding FICA tax from the employee's remuneration, regardless of whether the wages represent wages or salary. Although state and local governments are not required to withhold FICA from wages, they may impose their own withholding rates or impose the same penalties as the federal withholding rate. For information on federal withholding and penalties, see Publication 2510, Reporting and Payroll Taxes for All Business Entities. Federal withholding rates and withholding penalties for the federal government are provided in Publication 912, Federal Tax Withholding Rates and Rates of Inflation, and Inflation Adjustments. Publication 912, Federal Tax Withholding Rates and Rates of Inflation, and Inflation Adjustments, can be found at IRS.gov. For more detailed information on the Federal Insurance Contributions Act (FICA), see Publication 929, Employer's Tax Guide — FICA, (IRS).
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