SlideShare une entreprise Scribd logo
1  sur  106
Tax Levies and Creditor Garnishments:
What Payroll Must Know to Stay in
Compliance
Vicki Lambert, CPP
About Ascentis
Our full suite of workforce solutions helps keep
you compliant, productive and profitable. We
focus on automating the complexity, so you
can focus on the things that require a human
touch.
ASCENTIS PROVIDES:
• A-la-carte HR technology
• Industry-leading time & attendance
• Unsurpassed support
3
Housekeeping
How to earn credits
4
1. Stay on the webinar, online for the
full 60 minutes
2. Be watching using your unique URL sent to you from
GoToWebcast
3. Program codes delivered by email, to registered email,
approximately 30 days following today’s session
5
Housekeeping
6
Today’s Speaker
Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm
specializing in payroll education and training. The company’s website
www.thepayrolladvisor.com offers a payroll news service which keeps payroll professionals up-
to-date on the latest rules and regulations.
With nearly 40 years of hands-on experience in all facets of payroll functions as well as over
three decades as a trainer and author, Ms. Lambert has become the most sought-after and
respected voice in the practice and management of payroll issues. She has conducted open
market training seminars on payroll issues across the United States that have been attended
by executives and professionals from some of the most prestigious firms in business today.
A pioneer in electronic and online education, Ms. Lambert produces and presents payroll
related audio seminars, webinars and webcasts for clients, APA chapters and business groups
throughout the country. Ms. Lambert is an adjunct faculty member at Brandman University in
Southern California and is the creator of and instructor for their Practical Payroll Online
program, which is approved for recertification hours by the APA. She is also the instructor for
the American Payroll Association’s “PayTrain” online program also offered by Brandman
University.
VICKI LAMBERT, CPP
Our Focus For Today
©2021 The Payroll Advisor 7
• Terms, Definitions and Priorities
• Laws and Regulations
• Handling Garnishments in the Payroll Office
Basics of Garnishments
•Federal Tax Levies
•Federal Agency Debt Collections
Federal
•Federal laws
•State Requirements
Creditor Garnishments
•State Tax Levies
•Voluntary Wage Assignments
•Bankruptcies
•Student Loans
Other Garnishments
©2021 The Payroll Advisor 8
©2021 The Payroll Advisor 9
Types of
Deductions
 Voluntary—credit
union deduction for
example
 Involuntary—taxes
for example
 Garnishments are
involuntary—
someone else
requests them other
than the employee
©2021 The Payroll Advisor 10
Garnishment
101
 Many different
types of
garnishments can
be received by one
payroll department
 Can be Both
Federal and state
 Employees can
have more than
one type
 Employees could
have more than
one for each type!
©2021 The Payroll Advisor 11
Definition of
Garnishment
Legal procedure
through which the
earnings of an
employee are
required by court
order to be
withheld by an
employer for the
payment of a debt.
©2021 The Payroll Advisor 12
Usual
Suspects
 Child Support
 Federal Tax Levy
 Federal Agency Debt
Collection
 State Tax Levy*
 Creditor*
 Student Loans*
 Bankruptcies*
©2021 The Payroll Advisor 13
*Not really sure where they
fit in until received
Exceptions
on Priority
©2021 The Payroll Advisor 14
Federal tax levy is received prior to child
support order
Federal Agency Debt received prior to tax
levy
Bankruptcy may include other levies and
child support and therefore goes first
Student loans fall in with creditor
State tax levy and creditor depend on
state requirements
Consumer
Credit
Protection
Act
©2021 The Payroll Advisor 15
Limits the amount that can be
deducted from “disposable pay”
for child support and creditor
garnishments
Limits apply if more than one
garnishment is in effect
Does not apply to federal or
state tax levies
A
Garnishment
is Received in
Payroll
©2021 The Payroll Advisor 16
Several steps
payroll needs
to do before
processing on
the payroll
system
Is It Your
Employee?
©2021 The Payroll Advisor 17
Does the employee currently
work for you?
Does the name and Social
Security number match your
records?
Doesn’t mean you can’t
process just need to clarify
with issuing party
Is It Legal?
©2021 The Payroll Advisor 18
Need to determine
if the garnishment
received is legal
On the proper
form?
From the proper
source?
Completed
correctly?
Delivered properly?
Allowed under
law?
What Laws Do
I Follow?
 State law where
the employee is
located for most
items except IRS
tax levies
 Need source on
rules and
regulations for
states you are
located in
 Books, guides,
internet are
good sources
©2021 The Payroll Advisor 19
Answer
Back
©2021 The Payroll Advisor 20
Form may have response included
Time allowed is usually limited
Example: Federal Tax Levy—send in
with first payment
Example: Creditor Garnishment:
Answer backs for Garnishee-
sometimes 20 days
Go Tell It To The Employee
©2021 The Payroll Advisor 21
Form may include
employee
notification
Example: Federal
Tax Levy
May be time limit
Again Federal Tax
Levy
Should include
form letter from
payroll
Should be done
regardless if
garnishment
requires
Payroll Form
©2021 The Payroll Advisor 22
Inform the employee as to:
What you
have
received
Payroll it will
begin on
Amount of
deduction if
known or IRS
chart for tax
levies
Contact
information
for deduction
questions
Disclaimer on
responsibility
of
garnishment
Create templates for each type of garnishment
department handles
Sample Letter Creditor
Garnishment
©2021 The Payroll Advisor
NOTE: This notice is not meant to
be construed as legal advice but as
a sample of the type of letter that
a payroll department may send. It
is recommended that payroll
departments get legal advice
before issuing notification letters.
23
Date:
To:
From: Payroll Department
RE: Creditor Garnishment
The attached creditor garnishment (or insert name of garnishment) has been
received by the payroll department. To comply with all federal and state
regulations concerning the withholding and remittance of creditor garnishments,
payroll will begin withholding on __________________ (insert payroll date). The
amount withheld will vary from pay day to pay day depending on the amount you
have earned on that individual payroll check. The amount deducted is based on the
Consumer Credit Protection Act garnishment chart we have enclosed.
If you have any questions regarding the processing of this garnishment within the
payroll department please contact ______________. However, please be aware
that the payroll department has no control over the amount of the withholding to be
deducted except to comply with legal federal and state limits under Title III of the
Consumer Credit Protection Act. If you have any disputes as to the amount of the
garnishment, the legality of the garnishment itself or any other legal matters please
contact the issuing court listed on the attached copy of the garnishment. The
payroll department cannot delay, suspend or in any way alter the garnishment.
©2021 The Payroll Advisor 24
Set It Up In Payroll
©2021 The Payroll Advisor 25
Kept in
separate files
in payroll
Setting It
Up
©2021 The Payroll Advisor 26
Always date stamp the garnishment
Date
Discuss security later
Discuss
Process on the same day as received – Do not let sit in
your in-box
Process on
Determine pecking order if employee has more than
one garnishment
Determine
Seek legal advice
Seek
Tracking System
©2021 The Payroll Advisor 27
Basically an excel spreadsheet
One for each garnishment processed
Use for life of garnishment
Include amounts and dates of payments
Current balance due if levy
Of course, reconciliation spreadsheet for all
garnishments processed matches payroll totals
Paying It Out
 Different types of
garnishments have
different due dates
 If you can do by
pay date to make
sure you comply
with all
garnishments and
state requirements
 Creditor may have
to hold until all
monies withheld or
time is up
 EFT may be
required
©2021 The Payroll Advisor 28
Reconciling
©2021 The Payroll Advisor 29
Make sure you
reconcile the
G/L account
each month
1
Spread sheet
you created for
tracking comes
in handy now
2
Reconcile
spreadsheet to
payroll before
releasing
payments
3
Terminating
Employees
©2021 The Payroll Advisor 30
Garnishments and tax levies are
a per payroll event
Take normal deduction
Do the required notifications
Watch for the state tax levies—
may require entire amount taken
Security
©2021 The Payroll Advisor 31
Confidentiality is a must
Anything that may be a garnishment
should come to payroll first
Only payroll has access
NO Human Resources does not need
to know
Watch out for processing through A/P
Security
 Never discuss
garnishments
over the phone
 Payroll personnel
need to be
secure as well
©2021 The Payroll Advisor 32
Security for Payroll Personnel
©2021 The Payroll Advisor 33
A must in this day and
age
Blind mailboxes for
e-mail
Voice mail for phone
Fake name for payroll
personnel handling
garnishments/lawsuits
Physical security of
building or office
Face to Face by
manager
©2021 The Payroll Advisor 34
Federal Tax
Levies
 Form 668-W
Notice of Levy on
Wages, Salary and
Other Income-
New 4-18
 Amount of
deduction based
on Publication
1494
 Chart lists amount
exempt from levy
 Deduct from
“take home pay”
©2021 The Payroll Advisor 35
Form
668-W
©2021 The Payroll Advisor 36
Six part form (Part 6 retained by IRS)
Part 1—Employer’s copy
Parts 2-5 Given to employee
Part 2 – Employee’s copy to keep
Parts 3-5 require employee to complete
information
Part 3 and 4 are returned to employer
within 3 days
Form 668-W
©2021 The Payroll Advisor 37
Employee keeps part 5
Payroll gets back parts 3 and 4
Payroll keeps Part 4 and sends in Part 3
If not received use married filing separately
plus zero personal exemption
Do not use Form W-4
Use same chart even if year changes unless
employee submits new form
©2021 The Payroll Advisor
38
©2021 The Payroll Advisor 39
40
©2021 The Payroll Advisor
Part 3 goes
back to the
IRS…after
employee
completes
the
statement.
Send with
first
payment
41
©2021 The Payroll Advisor
Must complete filing status
Can’t claim self
Must do ALL
Copies!
©2021 The Payroll Advisor 42
Form 668-W has a required
response back from the employer
Remove before completing
Send in with the first payment
Make copies for yourself for when
employee terminates
Answering Back
43
©2021 The Payroll Advisor
What is
Meant by
Take
Home Pay
©2021 The Payroll Advisor 44
• Taxes
• Voluntary and involuntary deductions
in effect before the levy is received
• Increases in preexisting deductions
beyond the employee’s control
• Condition of employment deductions
that come after the levy is received
Subtract the following in
calculating take home pay:
Direct deposit is not counted
Determining
Amount
Exempt from
Levy
©2021 The Payroll Advisor 45
Publication 1494 is used to determine
the amount exempt from levy
Changes each year (adjusted for
inflation)
Use the number of dependents, pay
period and filing status the employee
submitted on the Form 668-W
If you don’t receive a completed Parts
3 and 4, then use married filing
separate with no dependents
46
©2021 The Payroll Advisor
Paying the
Levy
©2021 The Payroll Advisor 47
Put Put information on check not stub
Make Make payable to “United States Treasury”
Complete Complete back of Part 3 of form with first
payment
Pay
Pay on the same day that payments are made or
are due to employee or follow the levy
instructions
 Must receive Form
668-D
 IRS wants you to
continue to
withhold until
release is received
even if it exceeds
amount on levy
 Call when you are
getting close!
©2021 The Payroll Advisor 48
Stopping the Levy
©2021 The Payroll Advisor
49
50
©2021 The Payroll Advisor
Payroll usually
uses this one
51
©2021 The Payroll Advisor
This will explain what they want you
to do if the entire levy is not released
Between
Employees and the
IRS
 New at the IRS—
online payments
 Employee fills
out application
online
 Makes payments
online
 Must still get
Form 668-D to
the employer
 Can encourage
employees to
use
©2021 The Payroll Advisor 52
Voluntary
Deduction
Agreement
©2021 The Payroll Advisor 53
Form 2159 “Payroll
Deduction Agreement”
Totally voluntary on both
sides
Still need release form to
stop original levy
Three-Part Form
©2021 The Payroll Advisor 54
©2021 The Payroll Advisor 55
©2021 The Payroll Advisor 56
 Must take out of
final paycheck
 Must notify IRS
of termination
 Use copy of
answer back
section
©2021 The Payroll Advisor 57
58
©2021 The Payroll Advisor
©2021 The Payroll Advisor 59
Federal
Agency
Debt
Collections
©2021 The Payroll Advisor 60
Student loans not the only kind of
federal debt subject to garnishment
Fail to pay nontax debt
Subject to CCPA as well as Debt
Collection Improvement Act of 1996
Includes vendor, federal retirement,
federal salary, and social security
benefits
Federal Agency
Debt Collections
 Disposable pay
includes all wages
and salary including
vacation pay
 Deductions include all
mandated deductions
plus health insurance
premiums
 Lesser of: 15% of
disposable pay or
amount that exceeds
30 times the current
minimum wage
©2021 The Payroll Advisor 61
Federal
Agency
Debt
Collections
©2021 The Payroll Advisor 62
Has priority if served first
But not over child support even if it comes later
An amount equal to 25% of disposable pay less the
amount(s) withheld under the withholding
order(s) with priority
Begin when the order says to
End when release is received
©2021 The Payroll Advisor 63
©2021 The Payroll Advisor 64
Consumer
Credit
Protection
Act
©2021 The Payroll Advisor 65
Limits apply if more than one
garnishment is in effect
Limits the amount that can be
deducted from “disposable
pay” for child support and
creditor garnishments
Creditor
Garnishments
 CCPA limits apply
except where state is
lower
 25% of disposable or
the amount that
exceeds 30 times the
federal minimum
hourly wage—
Whichever is less
 Some states have
severe restrictions
 Federal chart
furnished-as of July
2009
©2021 The Payroll Advisor 66
More
©2021 The Payroll Advisor 67
Disposable
Income
©2021 The Payroll Advisor 68
Disposable Income = gross pay - mandatory
deductions.
Disposable income is the amount of earnings
remaining after subtracting certain
mandatory deductions from an employee's
gross pay.
Mandatory deductions include federal, state
and local taxes; unemployment insurance;
workers' compensation insurance; state
employee retirement deductions; other
deductions determined by state law.
Item
Disposable
Income
Net Pay
Gross Pay $760.00 $760.00
Federal Income Tax (95.00) (95.00)
Social Security (45.57) (45.57)
Medicare (10.66) (10.66)
State (36.75) (36.75)
Local (6.08) (6.08)
Cafeteria plan deduction—Pretax
(25.00)
Union dues (10.00)
Savings bond (25.00)
Union pension (30.00)
Credit union car loan (50.00)
Total mandated deductions (194.06)
Total payroll deductions (334.06)
Totals $565.94 $425.94
©2021 The Payroll Advisor 69
Disposable
Income
and Net
Pay
©2021 The Payroll Advisor 70
Note that disposable income is not necessarily the
same as net pay. An employee may have a deduction
taken from his pay that is not mandatory, such as
union dues or a car loan payment.
Watch out for tips to be included
Limit applies even to multiple garnishments
Other garnishments are not subtracted before
determining disposable pay
MT
WY
ID
WA
OR
NV
UT
CA
AZ
ND
SD
NE
CO
NM
TX
OK
KS
AR
LA
MO
IA
MN
WI
IL IN
KY
TN
MS AL GA
FL
SC
NC
VA
WV
OH
MI
NY
PA
MD
DE
NJ
CT
RI
MA
ME
VT
NH
AK
HI
States following federal rules
State rules mirror federal
Creditor Garnishment Limits by State
25% disposable or amounts exceeding 50 times state/fed
min wage
25% of disposable or amounts
in excess of 40 times state/fed
min wage
©2021 The Payroll Advisor
71
25% disposable or amounts exceeding 35 times state/fed
min wage
Unique state rules
Follows federal rules with limits for head of household
States With Unique State Rules
 AL: 25% of resident’s wages
 CA: 25% of disposable or 50% amount
exceed 40 times state or local minimum
wage
 DE: 15% of total wages
 IL: 15% of gross wages or amount over 45
times state min wage
 MA: 85% or amount of 50 times fed/state
min wage is exempt
 NC: Follows federal except orders from
public hospitals and public assistance are
limited
 NV: Weekly gross <$770 exempt amount
82% or 50 times fed min wage. >$770 75%
is exempt eff.10-1-17
 NY: uses local minimum wage
 PA: 10% for debts to landlords,
taxes to municipalities or HEAAA
debt
 SC: Garnishments not allowed for
consumer debts
 SD: lessor of 20% of weekly
disposable or amount over $346
less $25 for each depending
living with employee
 TX: Current wages exempt from
garnishment
 WI: 20% of disposable unless
household income below fed
poverty level then exempt
 WV: 20% of disposable or
amount over 50 times fed min
wage
72
©2021 The Payroll Advisor
MT
WY
ID
WA
OR
NV
UT
CA
AZ
ND
SD
NE
CO
NM
TX
OK
KS
AR
LA
MO
IA
MN
WI
IL IN
KY
TN
MS AL GA
FL
SC
NC
VA
WV
OH
MI
NY
PA
MD
DE
NJ
CT
RI
MA
ME
VT
NH
AK
HI
No provisions for fees
Permit fees
Creditor Garnishment Fees by State
Have unique fees for certain items
©2021 The Payroll Advisor
73
State Fees
©2021 The Payroll Advisor 74
State Fees Permitted
Arizona $5 each pay period from nonexempt earnings
Arkansas $2.50 per pay period
California $1.00 for each payment
District of Columbia $2.00 for withholding order
Florida $5.00 for 1st deduction, $2.00 each deduction thereafter
Georgia $50 or 10% of amount paid into court (whichever is greater) but not to exceed $100 as reasonable attorney’s fees or expenses
Illinois 2% of amount to be deducted
Indiana Larger of $12 or 3% of total amount to be deducted ½ of fee from employee, ½ of fee from amount due creditor
Kansas $10 per pay period up to $20 per month, payable by creditor if can’t be taken from employee
Louisiana $3 from nonexempt income each payment garnishment is in effect
Maine $1 per check to be taken from amount withheld
Michigan $6 fee paid by plaintiff at the time a writ of garnishment is served. Amount is $35 for writs issued after 9-30-15
Minnesota $15 paid by creditor to employer at time of service of garnishment
Missouri One time fee not to exceed $20 withheld from wages in addition to garnishment
Nevada $5 paid by creditor to employer at time a writ of garnishment is served. Employer entitled to$3 per pay period not to exceed $12 per month
New Jersey 5% for compensation towards expenses and services in processing each payment
North Dakota $10 paid by creditor when employer is served with garnishment summons
Oklahoma $10 from employee’s funds for answering a garnishment summons
Ohio $3 per pay period payable by employee $1 for property garnishment payable by creditor
Oregon $2 processing fee for each week a payment is made unless withholding reduces below minimums. Must collect after last payment is made
Rhode Island $5 paid by employee for each writ of garnishment
South Dakota $15 for garnishee summons being served
Texas Lessor of actual costs or $10 from disposable earnings
Utah $10 for a single garnishment or $25 for continuing garnishment paid by creditor directly to employer
Vermont $10 for district court cases, $50 for superior court cases payable by creditor
Virginia $10 for each garnishment summons served
Washington $10 processing fee for 1st disbursement and $1 for each subsequent disbursement. $20 for first payment; if continuing lien $10 at time of second payment
Wisconsin $15 garnishee fee from creditor for each garnishment or extension
State Duration
©2021 The Payroll Advisor 75
Until Paid in Full 30 Days 60 Days 70 Days 90 Days 120
Days
179
Days
6 Mos 180 Days Until
Notified
AK; AL; AR; AZ; CA; CT; DC;
DE; FL; HI; IA; ID; IL; IN; KY;
LA; MA; MD; ME; MI; MO;
MS; MT; NJ; NM; NV; NY;
OH; OR; PA; RI; TX; UT;
KS SD
WA
MN NE
OR
WI
WY
MT GA CO CO
GA (179)
OK
MI (182)
TN
VA
NV
MI
• California: the earlier of paid in full or date of termination as established by the court
• Iowa: or until annual limit is reached
• Michigan, Montana, Nevada, Oklahoma, Oregon, Tennessee: either paid in full or time
limit whichever comes first
• North Carolina: public hospital remains for up to 60 months
• North Dakota: 270 days for continuing garnishments
• New Hampshire: 1 pay period
• South Carolina and Vermont: does not address issue
• West Virginia: one year
MT
WY
ID
WA
OR
NV
UT
CA
AZ
ND
SD
NE
CO
NM
TX
OK
KS
AR
LA
MO
IA
MN
WI
IL IN
KY
TN
MS AL GA
FL
SC
NC
VA
WV
OH
MI
NY
PA
MD
DE
NJ
CT
RI
MA
ME
VT
NH
AK
HI
Immediately
Within 2 to 7 days
Creditor Garnishment Employer Response Time
Within 2 weeks (8-14 days)
©2021 The Payroll Advisor
76
Within 15-21 days
30 days or more
Varies, per pay period or does not address issue
State Fees
 May also be a fee
to collect for the
state or court or
plaintiff in the case
 Read the
garnishment
©2021 The Payroll Advisor 77
©2021 The Payroll Advisor 78
State Tax
Levies
©2021 The Payroll Advisor 79
CCPA limits do not apply to state tax
levies under 15 USC 1673(b)(1)(c)
COULD BE 25% of disposable or the
amount that exceeds 30 times the
federal minimum hourly wage
COULD BE anything they want it to
be—Example NC is up to 10% of an
employee’s wages.
COULD come on a tax levy form or
COULD be a letter
State Tax
Levies
©2021 The Payroll Advisor 80
Disposable income could match federal
or may not even give a definition
May have priority over other creditor
garnishments or it may not
Answer back may or may not be
required
May be able to collect a fee
Read the garnishment carefully
State Tax
Levies-
Examples
©2021 The Payroll Advisor 81
California: follows CCPA limits
Colorado: no limits on the amount of wages
that may garnisheed
Hawaii: 25% of all wages paid
Indiana: follows creditor garnishment limits
Kentucky: creditor garnishments rules do not
apply
Maryland: depends on the county
©2021 The Payroll Advisor 82
Voluntary
Wage
Assignment
 Are not the same thing
as a court-ordered
garnishment
 Are voluntary so not
covered under CCPA
limits
 Can be revoked at any
time by employee so
watch for this
 State sets the limit and
the rules
 State can forbid
employer to honor,
especially for “small
loans”
©2021 The Payroll Advisor 83
For Example—South Carolina
©2021 The Payroll Advisor 84
SC: A creditor cannot take an
assignment for the payment of
or as security for a debt arising
from a consumer credit
transaction. Such an
assignment is unenforceable by
the creditor and revocable by
the employee. An employee
can authorize voluntary
deductions for consumer credit
transactions [S.C. Code Ann.
§ 37-2-410 ].
Voluntary
Authorizations. Employees
may authorize deductions from
wages if the authorization is
revocable [S.C. Code Ann. § 37-
2-410 ].
©2021 The Payroll Advisor 85
• it is in a separate written document, signed by the
employee showing the date of signature, the
employee's Social Security number, the employer's
name, the price of the articles sold or the amount
loaned, the interest rate or the time-price differential,
and the payment dates;
• it is given to secure an existing debt or a debt
contracted at the same time as the assignment;
• the employee gets a copy when it is executed; and
• the words "Wage Assignment" are at the top and one
inch above or below the employee's signature, in bold
face type at least one-quarter-inch high [ILCS Chapter
740 § 170/1 ].
• The following conditions apply:
• 1 a demand for a wage assignment collection can be
served on an employer if a debtor defaults for more
than 40 days;
• 2 the demand states the amount in default;
• 3 an original of the assignment is provided to the
employer (prior to Jan. 1, 2017, a photostat of the
wage assignment was also acceptable);
• 4 a notice of intent was sent to the employee; and
• 5 an advice copy was sent to the employer by first
class, registered or certified mail at least 20 days
before the demand was served on the employer
[ILCS Chapter 740 § 170/2 ].
Conditions. A
wage
assignment is
valid if:
For Example—Illinois
For Example—Illinois
 Revocation of wage assignment. Effective Jan. 1, 2017, a wage assignment may be revoked if the wage assignment is
revocable under federal law and the employee submits the Illinois Revocation Notice Form (see ILCS Chapter 740
§ 170/2.2 ), or provides written notice of the revocation, to the creditor. Failure to use the sample language provided
in the notice described in ILCS Chapter 740 § 170/2.2 does not affect the validity of the written notice of revocation.
The employee may submit a copy of the notice to his or her employer. After a revocation notice is received by the
employer, no wages are subject to the demand unless the employer receives a copy of a subsequent agreement
between the employee and the creditor authorizing payment. If an employee has not provided a Revocation Notice
Form or otherwise served the creditor with a written notice of revocation (if the wage assignment is revocable under
federal law) within 20 days after receiving the notice of intention to make a demand, the creditor may proceed with
his demand, and the employer may commence payment to the creditor no sooner than 5 business days after service
of such demand, if no revocation notice has been received by the employer [ILCS Chapter 740 § 170/4.1 ; ILCS Chapter
740 § 170/4.2 ].
 Prior to Jan. 1, 2017, an employee had 20 days after receipt of the notice of intent or five days after service of the
demand to give a defense notice to the employer. After the defense notice was given to the employer no wages were
subject to the demand unless the employer received a copy of a subsequent agreement between the employee and
creditor authorizing payment [ILCS Chapter 740 § 170/4.1 ; ILCS Chapter 740 § 170/4.2 ].
 Wages paid by a state or local government or by a school district are not subject to wage assignments [ILCS Chapter
740 § 170/10 ].
 Assignment of future wages An assignment is valid for three years from the date of execution against the present
employer, and for two years against a future employer. A demand applies to wages due when the demand is served,
and to future wages until either the balance due under the assignment is paid or the end of the last payroll period
ending within 84 days after the demand is served [ILCS Chapter 740 § 170/2 ; ILCS Chapter 740 § 170/3 ; ILCS Chapter
740 § 170/5 ].
 Priority. Wage assignments are to be implemented on a first-come-first-served basis [ILCS Chapter 735 § 5/12-803 ].
 Employer fee. An employer is entitled to a collect and retain a fee of $12 for each wage assignment, to be credited
against the wage-earner's outstanding debt [ILCS Chapter 740 § 170/4 ].
©2021 The Payroll Advisor
86
©2021 The Payroll Advisor 87
Bankruptcy
 Governed by the
federal Bankruptcy
Act
 Chapter XIII
bankruptcy orders
take priority over
any other claim
against wages
including child
support and tax
levies
 Should be included
in bankruptcy—
verify ©2021 The Payroll Advisor 88
Bankruptcy
 Get releases when
required—child
support
 Notify courts if
child support is
involved-No more
automatic stays for
child support
©2021 The Payroll Advisor 89
©2021 The Payroll Advisor 90
Student
Loans
©2021 The Payroll Advisor 91
Higher Education Act amended
to allow for garnishment of
wages to repay student loans
15% of disposable or 30 times
federal minimum wage which
ever is less
Multiples can use the 25%
garnishment limit
Student Loans
©2021 The Payroll Advisor
Under federal regulations, only
those agencies having an
agreement with the U.S.
Department of Education are
allowed to issue wage
withholding orders for defaulted
student loans made under the
federal loan guaranty program.
Agencies having such an
agreement are referred to as
state guaranty agencies or loan
servicers.
92
Disposable
Pay Is
Defined
As…
©2021 The Payroll Advisor 93
The employee’s compensation
including salary, overtime, bonuses,
commissions, sick leave and vacation
pay minus any deductions for health
insurance and deductions required by
law.
Deductions required by law or proper
deductions include federal, state and
local taxes; state unemployment and
disability taxes; social security taxes;
Medicare taxes; and involuntary
pension contributions.
But They
Do Not
Include…
©2021 The Payroll Advisor 94
Voluntary pension deduction or retirement
plan contributions or union dues.
A Wage Garnishment Worksheet is included
with the Wage Garnishment Order to assist
payroll in calculating disposable pay and the
wage garnishment amount.
Also website
http://fmsq.treas.gov/debt/AWG_calc.html
©2021 The Payroll Advisor 95
Handling a
Student Loan
Garnishment
©2021 The Payroll Advisor 96
ED first notifies the employer that debtor pay
must be withheld by sending a Wage
Garnishment Order (SF-329B) form
Provides the debtor’s name, address, and social
security number as well as instructions for
withholding.
The employer then: completes and returns the
Employer Certification (ED-329D) within 20 days
of receipt
Begins withholding the amount directed in the
order—usually within 10 days
Remit within 3 days after withholding
©2021 The Payroll Advisor 97
©2021 The Payroll Advisor 98
99
©2021 The Payroll Advisor
100
©2021 The Payroll Advisor
But What if the
Employee is
Gone?
If the debtor is no
longer employed by
your organization
when you receive the
Order, simply indicate
this on the form and
return it to ED or call
the Administrative
Wage Garnishment
Branch at 404-562-
6013.
©2021 The Payroll Advisor 101
©2021 The Payroll Advisor 102
X
Complete here
Then Each
Quarter…
©2021 The Payroll Advisor 103
ED will send the employer an Employment Confirmation
Report to obtain any information needed regarding any
changes to the employment status of the debtor.
The Report lists the debtor/employee's account balance.
Keep in mind that the balance shown on the Report
reflects interest that has accrued since the Order was
issued. In addition,
ED has used part of the amounts withheld and paid to ED
to defray collection costs ED incurs in collecting the debt.
Questions or account balance call (404) 562 -6013.
Questions?
104
Please enter any questions into the chat box, we
will get to as many questions live as we can!
Workforce Solutions for Demanding Work Environments
Our full suite of workforce solutions helps keep you compliant,
productive and profitable. We focus on automating the
complexity, so you can focus on the things that require a
human touch.
• Ascentis can handle garnishment calculations for you
automatically, including:
• Federal and state levies
• Voluntary deduction agreements or wage assignments
• Federal agency debt collections
• And more
105
info@ascentis.com
www.ascentis.com
800.229.2713
Contact Us

Contenu connexe

Similaire à Payroll Webinar: Tax Levies and Creditor Garnishments: What Payroll Must Know to Stay in Compliance

Horner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterHorner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterJenny Ferguson
 
Horner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterHorner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterJenny Ferguson
 
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...Ascentis
 
What are CIS refunds and am I eligible to receive one?
What are CIS refunds and am I eligible to receive one?What are CIS refunds and am I eligible to receive one?
What are CIS refunds and am I eligible to receive one?Taxcare Accountancy Ltd
 
Handling multistate taxation
Handling multistate taxationHandling multistate taxation
Handling multistate taxationGRCTS
 
8 quick tips to get cash into your business and get paid on time
8 quick tips to get cash into your business and get paid on time8 quick tips to get cash into your business and get paid on time
8 quick tips to get cash into your business and get paid on timePaula Bolton
 
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdf
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdfoutbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdf
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdfOutbooks UK
 
Cares act faq for small business owners
Cares act faq for small business ownersCares act faq for small business owners
Cares act faq for small business ownersCfo Agri
 
Coronavirus Update 24 March
Coronavirus Update 24 March Coronavirus Update 24 March
Coronavirus Update 24 March Claire Hextall
 
Tax Planning with Moskowitz LLP
Tax Planning with Moskowitz LLPTax Planning with Moskowitz LLP
Tax Planning with Moskowitz LLPMoskowitz LLP
 
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealth
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealthDue Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealth
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealthAcademy Tax4wealth
 
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENT
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENTWORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENT
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENTCost Management Services
 
COVID-19 Tax and Business Update 4.3.20
COVID-19 Tax and Business Update 4.3.20COVID-19 Tax and Business Update 4.3.20
COVID-19 Tax and Business Update 4.3.20Withum
 
Tax Payment Plan: Know Your Options
Tax Payment Plan: Know Your OptionsTax Payment Plan: Know Your Options
Tax Payment Plan: Know Your OptionsTax Payment Plan
 
IRS Audits of The ERC 5.31.2023
IRS Audits of The ERC 5.31.2023IRS Audits of The ERC 5.31.2023
IRS Audits of The ERC 5.31.2023Withum
 
Business and corporate taxation
Business and corporate taxationBusiness and corporate taxation
Business and corporate taxationRaviPrashant5
 
ADP CARES Act Presentation for Accountants
ADP CARES Act Presentation for AccountantsADP CARES Act Presentation for Accountants
ADP CARES Act Presentation for AccountantsTom Byrne
 

Similaire à Payroll Webinar: Tax Levies and Creditor Garnishments: What Payroll Must Know to Stay in Compliance (20)

Horner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterHorner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters Newsletter
 
Horner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters NewsletterHorner Downey & Co Tax Matters Newsletter
Horner Downey & Co Tax Matters Newsletter
 
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...
Payroll Webinar: W-2’s vs. 1099’s: Understanding Who Should be an Independent...
 
What are CIS refunds and am I eligible to receive one?
What are CIS refunds and am I eligible to receive one?What are CIS refunds and am I eligible to receive one?
What are CIS refunds and am I eligible to receive one?
 
ERTC Funding
ERTC Funding ERTC Funding
ERTC Funding
 
Handling multistate taxation
Handling multistate taxationHandling multistate taxation
Handling multistate taxation
 
8 quick tips to get cash into your business and get paid on time
8 quick tips to get cash into your business and get paid on time8 quick tips to get cash into your business and get paid on time
8 quick tips to get cash into your business and get paid on time
 
Module Accounting
Module AccountingModule Accounting
Module Accounting
 
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdf
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdfoutbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdf
outbooks-co-uk-steps-involved-in-processing-the-payroll- (1).pdf
 
Cares act faq for small business owners
Cares act faq for small business ownersCares act faq for small business owners
Cares act faq for small business owners
 
Coronavirus Update 24 March
Coronavirus Update 24 March Coronavirus Update 24 March
Coronavirus Update 24 March
 
Tax Planning with Moskowitz LLP
Tax Planning with Moskowitz LLPTax Planning with Moskowitz LLP
Tax Planning with Moskowitz LLP
 
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealth
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealthDue Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealth
Due Date ITR Filing for AY 2023-24 is July 31st, 2023 | Academy Tax4wealth
 
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENT
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENTWORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENT
WORK OPPORTUNITY TAX CREDIT: HOW EMPLOYERS CAN MAXIMIZE HIRING INVESTMENT
 
COVID-19 Tax and Business Update 4.3.20
COVID-19 Tax and Business Update 4.3.20COVID-19 Tax and Business Update 4.3.20
COVID-19 Tax and Business Update 4.3.20
 
Tax Payment Plan: Know Your Options
Tax Payment Plan: Know Your OptionsTax Payment Plan: Know Your Options
Tax Payment Plan: Know Your Options
 
IRS Audits of The ERC 5.31.2023
IRS Audits of The ERC 5.31.2023IRS Audits of The ERC 5.31.2023
IRS Audits of The ERC 5.31.2023
 
Business and corporate taxation
Business and corporate taxationBusiness and corporate taxation
Business and corporate taxation
 
ADP CARES Act Presentation for Accountants
ADP CARES Act Presentation for AccountantsADP CARES Act Presentation for Accountants
ADP CARES Act Presentation for Accountants
 
Audits 2021
Audits 2021Audits 2021
Audits 2021
 

Plus de Ascentis

Payroll Webinar: Untangling Multi State Payroll Reporting Complexities
Payroll Webinar: Untangling Multi State Payroll Reporting ComplexitiesPayroll Webinar: Untangling Multi State Payroll Reporting Complexities
Payroll Webinar: Untangling Multi State Payroll Reporting ComplexitiesAscentis
 
Payroll Webinar: Time & Attendance Payroll Fraud
Payroll Webinar: Time & Attendance Payroll FraudPayroll Webinar: Time & Attendance Payroll Fraud
Payroll Webinar: Time & Attendance Payroll FraudAscentis
 
Payroll Webinar: Wage and Hour Compliance in 2021
Payroll Webinar: Wage and Hour Compliance in 2021Payroll Webinar: Wage and Hour Compliance in 2021
Payroll Webinar: Wage and Hour Compliance in 2021Ascentis
 
HR Webinar: Employee vs. Contractor: Changes That Will Impact All Employers
HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersHR Webinar: Employee vs. Contractor: Changes That Will Impact All Employers
HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersAscentis
 
HR Webinar: 2021 Compliance & Employment Law Update
HR Webinar: 2021 Compliance & Employment Law UpdateHR Webinar: 2021 Compliance & Employment Law Update
HR Webinar: 2021 Compliance & Employment Law UpdateAscentis
 
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic World
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic WorldHR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic World
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic WorldAscentis
 
HR Webinar: The First 100 Days: Changes Employers Should be Aware of
HR Webinar: The First 100 Days: Changes Employers Should be Aware ofHR Webinar: The First 100 Days: Changes Employers Should be Aware of
HR Webinar: The First 100 Days: Changes Employers Should be Aware ofAscentis
 
HR Webinar: Gender Pay Equity: The Journey Continues
HR Webinar: Gender Pay Equity: The Journey ContinuesHR Webinar: Gender Pay Equity: The Journey Continues
HR Webinar: Gender Pay Equity: The Journey ContinuesAscentis
 
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative Update
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative UpdatePayroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative Update
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative UpdateAscentis
 
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!Ascentis
 
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...Ascentis
 
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...Ascentis
 
Payroll Webinar: Streamlining Payroll Operations and Efficiencies
Payroll Webinar: Streamlining Payroll Operations and EfficienciesPayroll Webinar: Streamlining Payroll Operations and Efficiencies
Payroll Webinar: Streamlining Payroll Operations and EfficienciesAscentis
 
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...Ascentis
 
HR Webinar: 2021 Workplace and Compliance Outlook
HR Webinar: 2021 Workplace and Compliance OutlookHR Webinar: 2021 Workplace and Compliance Outlook
HR Webinar: 2021 Workplace and Compliance OutlookAscentis
 
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should KnowHR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should KnowAscentis
 
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...Ascentis
 
Payroll Webinar: Paying Overtime Under the FLSA: Part 2
Payroll Webinar: Paying Overtime Under the FLSA: Part 2Payroll Webinar: Paying Overtime Under the FLSA: Part 2
Payroll Webinar: Paying Overtime Under the FLSA: Part 2Ascentis
 
Payroll Webinar: Paying Overtime Under the FLSA Part 1
Payroll Webinar: Paying Overtime Under the FLSA Part 1Payroll Webinar: Paying Overtime Under the FLSA Part 1
Payroll Webinar: Paying Overtime Under the FLSA Part 1Ascentis
 
Payroll Webinar: Going Paperless in Payroll
Payroll Webinar: Going Paperless in PayrollPayroll Webinar: Going Paperless in Payroll
Payroll Webinar: Going Paperless in PayrollAscentis
 

Plus de Ascentis (20)

Payroll Webinar: Untangling Multi State Payroll Reporting Complexities
Payroll Webinar: Untangling Multi State Payroll Reporting ComplexitiesPayroll Webinar: Untangling Multi State Payroll Reporting Complexities
Payroll Webinar: Untangling Multi State Payroll Reporting Complexities
 
Payroll Webinar: Time & Attendance Payroll Fraud
Payroll Webinar: Time & Attendance Payroll FraudPayroll Webinar: Time & Attendance Payroll Fraud
Payroll Webinar: Time & Attendance Payroll Fraud
 
Payroll Webinar: Wage and Hour Compliance in 2021
Payroll Webinar: Wage and Hour Compliance in 2021Payroll Webinar: Wage and Hour Compliance in 2021
Payroll Webinar: Wage and Hour Compliance in 2021
 
HR Webinar: Employee vs. Contractor: Changes That Will Impact All Employers
HR Webinar: Employee vs. Contractor: Changes That Will Impact All EmployersHR Webinar: Employee vs. Contractor: Changes That Will Impact All Employers
HR Webinar: Employee vs. Contractor: Changes That Will Impact All Employers
 
HR Webinar: 2021 Compliance & Employment Law Update
HR Webinar: 2021 Compliance & Employment Law UpdateHR Webinar: 2021 Compliance & Employment Law Update
HR Webinar: 2021 Compliance & Employment Law Update
 
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic World
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic WorldHR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic World
HR Webinar: Leading Hourly Workforce Transformation in a Post-Pandemic World
 
HR Webinar: The First 100 Days: Changes Employers Should be Aware of
HR Webinar: The First 100 Days: Changes Employers Should be Aware ofHR Webinar: The First 100 Days: Changes Employers Should be Aware of
HR Webinar: The First 100 Days: Changes Employers Should be Aware of
 
HR Webinar: Gender Pay Equity: The Journey Continues
HR Webinar: Gender Pay Equity: The Journey ContinuesHR Webinar: Gender Pay Equity: The Journey Continues
HR Webinar: Gender Pay Equity: The Journey Continues
 
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative Update
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative UpdatePayroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative Update
Payroll Webinar: Payroll Tax Compliance 2020 & 2021 Legislative Update
 
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!
Payroll Webinar: Forms W-2/941/940 for 2021: The Information You Need to Know!
 
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...
Payroll Webinar: Payroll Tax Nexus 2021: Impacts on Organizations as a Result...
 
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...
Payroll Webinar: Maximize Operational Efficiency with Your Workforce Manageme...
 
Payroll Webinar: Streamlining Payroll Operations and Efficiencies
Payroll Webinar: Streamlining Payroll Operations and EfficienciesPayroll Webinar: Streamlining Payroll Operations and Efficiencies
Payroll Webinar: Streamlining Payroll Operations and Efficiencies
 
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...
HR Webinar: The New Consolidated Appropriations Act of 2021: What HR Pros Mus...
 
HR Webinar: 2021 Workplace and Compliance Outlook
HR Webinar: 2021 Workplace and Compliance OutlookHR Webinar: 2021 Workplace and Compliance Outlook
HR Webinar: 2021 Workplace and Compliance Outlook
 
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should KnowHR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know
HR Webinar: COVID-19 Vaccines and the Workplace: What Employers Should Know
 
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...
HR Webinar: The American Rescue Plan Act of 2021: New Employer Opportunities ...
 
Payroll Webinar: Paying Overtime Under the FLSA: Part 2
Payroll Webinar: Paying Overtime Under the FLSA: Part 2Payroll Webinar: Paying Overtime Under the FLSA: Part 2
Payroll Webinar: Paying Overtime Under the FLSA: Part 2
 
Payroll Webinar: Paying Overtime Under the FLSA Part 1
Payroll Webinar: Paying Overtime Under the FLSA Part 1Payroll Webinar: Paying Overtime Under the FLSA Part 1
Payroll Webinar: Paying Overtime Under the FLSA Part 1
 
Payroll Webinar: Going Paperless in Payroll
Payroll Webinar: Going Paperless in PayrollPayroll Webinar: Going Paperless in Payroll
Payroll Webinar: Going Paperless in Payroll
 

Dernier

Webinar - How to set pay ranges in the context of pay transparency legislation
Webinar - How to set pay ranges in the context of pay transparency legislationWebinar - How to set pay ranges in the context of pay transparency legislation
Webinar - How to set pay ranges in the context of pay transparency legislationPayScale, Inc.
 
How Leading Companies Deliver Value with People Analytics
How Leading Companies Deliver Value with People AnalyticsHow Leading Companies Deliver Value with People Analytics
How Leading Companies Deliver Value with People AnalyticsDavid Green
 
Mastering Vendor Selection and Partnership Management
Mastering Vendor Selection and Partnership ManagementMastering Vendor Selection and Partnership Management
Mastering Vendor Selection and Partnership ManagementBoundless HQ
 
VIP Russian Call Girls in Indore Komal 💚😋 9256729539 🚀 Indore Escorts
VIP Russian Call Girls in Indore Komal 💚😋  9256729539 🚀 Indore EscortsVIP Russian Call Girls in Indore Komal 💚😋  9256729539 🚀 Indore Escorts
VIP Russian Call Girls in Indore Komal 💚😋 9256729539 🚀 Indore Escortsaditipandeya
 
Employee Roles & Responsibilities: Driving Organizational Success
Employee Roles & Responsibilities: Driving Organizational SuccessEmployee Roles & Responsibilities: Driving Organizational Success
Employee Roles & Responsibilities: Driving Organizational SuccessHireQuotient
 
Cleared Job Fair Handbook | May 2, 2024
Cleared Job Fair Handbook  |  May 2, 2024Cleared Job Fair Handbook  |  May 2, 2024
Cleared Job Fair Handbook | May 2, 2024ClearedJobs.Net
 
Mercer Global Talent Trends 2024 - Human Resources
Mercer Global Talent Trends 2024 - Human ResourcesMercer Global Talent Trends 2024 - Human Resources
Mercer Global Talent Trends 2024 - Human Resourcesmnavarrete3
 
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjan
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In ArjanArjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjan
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjanparisharma5056
 
Austin Recruiter Network Meeting April 25, 2024
Austin Recruiter Network Meeting April 25, 2024Austin Recruiter Network Meeting April 25, 2024
Austin Recruiter Network Meeting April 25, 2024Dan Medlin
 
HRM PPT on placement , induction and socialization
HRM PPT on placement , induction and socializationHRM PPT on placement , induction and socialization
HRM PPT on placement , induction and socializationRishik53
 
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...gurkirankumar98700
 

Dernier (12)

Webinar - How to set pay ranges in the context of pay transparency legislation
Webinar - How to set pay ranges in the context of pay transparency legislationWebinar - How to set pay ranges in the context of pay transparency legislation
Webinar - How to set pay ranges in the context of pay transparency legislation
 
How Leading Companies Deliver Value with People Analytics
How Leading Companies Deliver Value with People AnalyticsHow Leading Companies Deliver Value with People Analytics
How Leading Companies Deliver Value with People Analytics
 
Mastering Vendor Selection and Partnership Management
Mastering Vendor Selection and Partnership ManagementMastering Vendor Selection and Partnership Management
Mastering Vendor Selection and Partnership Management
 
VIP Russian Call Girls in Indore Komal 💚😋 9256729539 🚀 Indore Escorts
VIP Russian Call Girls in Indore Komal 💚😋  9256729539 🚀 Indore EscortsVIP Russian Call Girls in Indore Komal 💚😋  9256729539 🚀 Indore Escorts
VIP Russian Call Girls in Indore Komal 💚😋 9256729539 🚀 Indore Escorts
 
Employee Roles & Responsibilities: Driving Organizational Success
Employee Roles & Responsibilities: Driving Organizational SuccessEmployee Roles & Responsibilities: Driving Organizational Success
Employee Roles & Responsibilities: Driving Organizational Success
 
Cleared Job Fair Handbook | May 2, 2024
Cleared Job Fair Handbook  |  May 2, 2024Cleared Job Fair Handbook  |  May 2, 2024
Cleared Job Fair Handbook | May 2, 2024
 
Mercer Global Talent Trends 2024 - Human Resources
Mercer Global Talent Trends 2024 - Human ResourcesMercer Global Talent Trends 2024 - Human Resources
Mercer Global Talent Trends 2024 - Human Resources
 
escort service sasti (*~Call Girls in Rajender Nagar Metro❤️9953056974
escort service sasti (*~Call Girls in Rajender Nagar Metro❤️9953056974escort service sasti (*~Call Girls in Rajender Nagar Metro❤️9953056974
escort service sasti (*~Call Girls in Rajender Nagar Metro❤️9953056974
 
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjan
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In ArjanArjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjan
Arjan Call Girl Service #$# O56521286O $#$ Call Girls In Arjan
 
Austin Recruiter Network Meeting April 25, 2024
Austin Recruiter Network Meeting April 25, 2024Austin Recruiter Network Meeting April 25, 2024
Austin Recruiter Network Meeting April 25, 2024
 
HRM PPT on placement , induction and socialization
HRM PPT on placement , induction and socializationHRM PPT on placement , induction and socialization
HRM PPT on placement , induction and socialization
 
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...
Kesar Bagh } Escort Service in Lucknow - Phone 🍹 8923113531 🧩 Escorts Service...
 

Payroll Webinar: Tax Levies and Creditor Garnishments: What Payroll Must Know to Stay in Compliance

  • 1. Tax Levies and Creditor Garnishments: What Payroll Must Know to Stay in Compliance Vicki Lambert, CPP
  • 2. About Ascentis Our full suite of workforce solutions helps keep you compliant, productive and profitable. We focus on automating the complexity, so you can focus on the things that require a human touch. ASCENTIS PROVIDES: • A-la-carte HR technology • Industry-leading time & attendance • Unsurpassed support
  • 4. How to earn credits 4 1. Stay on the webinar, online for the full 60 minutes 2. Be watching using your unique URL sent to you from GoToWebcast 3. Program codes delivered by email, to registered email, approximately 30 days following today’s session
  • 6. 6 Today’s Speaker Vicki M. Lambert, CPP, is President and Academic Director of The Payroll Advisor™, a firm specializing in payroll education and training. The company’s website www.thepayrolladvisor.com offers a payroll news service which keeps payroll professionals up- to-date on the latest rules and regulations. With nearly 40 years of hands-on experience in all facets of payroll functions as well as over three decades as a trainer and author, Ms. Lambert has become the most sought-after and respected voice in the practice and management of payroll issues. She has conducted open market training seminars on payroll issues across the United States that have been attended by executives and professionals from some of the most prestigious firms in business today. A pioneer in electronic and online education, Ms. Lambert produces and presents payroll related audio seminars, webinars and webcasts for clients, APA chapters and business groups throughout the country. Ms. Lambert is an adjunct faculty member at Brandman University in Southern California and is the creator of and instructor for their Practical Payroll Online program, which is approved for recertification hours by the APA. She is also the instructor for the American Payroll Association’s “PayTrain” online program also offered by Brandman University. VICKI LAMBERT, CPP
  • 7. Our Focus For Today ©2021 The Payroll Advisor 7 • Terms, Definitions and Priorities • Laws and Regulations • Handling Garnishments in the Payroll Office Basics of Garnishments •Federal Tax Levies •Federal Agency Debt Collections Federal •Federal laws •State Requirements Creditor Garnishments •State Tax Levies •Voluntary Wage Assignments •Bankruptcies •Student Loans Other Garnishments
  • 8. ©2021 The Payroll Advisor 8
  • 9. ©2021 The Payroll Advisor 9
  • 10. Types of Deductions  Voluntary—credit union deduction for example  Involuntary—taxes for example  Garnishments are involuntary— someone else requests them other than the employee ©2021 The Payroll Advisor 10
  • 11. Garnishment 101  Many different types of garnishments can be received by one payroll department  Can be Both Federal and state  Employees can have more than one type  Employees could have more than one for each type! ©2021 The Payroll Advisor 11
  • 12. Definition of Garnishment Legal procedure through which the earnings of an employee are required by court order to be withheld by an employer for the payment of a debt. ©2021 The Payroll Advisor 12
  • 13. Usual Suspects  Child Support  Federal Tax Levy  Federal Agency Debt Collection  State Tax Levy*  Creditor*  Student Loans*  Bankruptcies* ©2021 The Payroll Advisor 13 *Not really sure where they fit in until received
  • 14. Exceptions on Priority ©2021 The Payroll Advisor 14 Federal tax levy is received prior to child support order Federal Agency Debt received prior to tax levy Bankruptcy may include other levies and child support and therefore goes first Student loans fall in with creditor State tax levy and creditor depend on state requirements
  • 15. Consumer Credit Protection Act ©2021 The Payroll Advisor 15 Limits the amount that can be deducted from “disposable pay” for child support and creditor garnishments Limits apply if more than one garnishment is in effect Does not apply to federal or state tax levies
  • 16. A Garnishment is Received in Payroll ©2021 The Payroll Advisor 16 Several steps payroll needs to do before processing on the payroll system
  • 17. Is It Your Employee? ©2021 The Payroll Advisor 17 Does the employee currently work for you? Does the name and Social Security number match your records? Doesn’t mean you can’t process just need to clarify with issuing party
  • 18. Is It Legal? ©2021 The Payroll Advisor 18 Need to determine if the garnishment received is legal On the proper form? From the proper source? Completed correctly? Delivered properly? Allowed under law?
  • 19. What Laws Do I Follow?  State law where the employee is located for most items except IRS tax levies  Need source on rules and regulations for states you are located in  Books, guides, internet are good sources ©2021 The Payroll Advisor 19
  • 20. Answer Back ©2021 The Payroll Advisor 20 Form may have response included Time allowed is usually limited Example: Federal Tax Levy—send in with first payment Example: Creditor Garnishment: Answer backs for Garnishee- sometimes 20 days
  • 21. Go Tell It To The Employee ©2021 The Payroll Advisor 21 Form may include employee notification Example: Federal Tax Levy May be time limit Again Federal Tax Levy Should include form letter from payroll Should be done regardless if garnishment requires
  • 22. Payroll Form ©2021 The Payroll Advisor 22 Inform the employee as to: What you have received Payroll it will begin on Amount of deduction if known or IRS chart for tax levies Contact information for deduction questions Disclaimer on responsibility of garnishment Create templates for each type of garnishment department handles
  • 23. Sample Letter Creditor Garnishment ©2021 The Payroll Advisor NOTE: This notice is not meant to be construed as legal advice but as a sample of the type of letter that a payroll department may send. It is recommended that payroll departments get legal advice before issuing notification letters. 23
  • 24. Date: To: From: Payroll Department RE: Creditor Garnishment The attached creditor garnishment (or insert name of garnishment) has been received by the payroll department. To comply with all federal and state regulations concerning the withholding and remittance of creditor garnishments, payroll will begin withholding on __________________ (insert payroll date). The amount withheld will vary from pay day to pay day depending on the amount you have earned on that individual payroll check. The amount deducted is based on the Consumer Credit Protection Act garnishment chart we have enclosed. If you have any questions regarding the processing of this garnishment within the payroll department please contact ______________. However, please be aware that the payroll department has no control over the amount of the withholding to be deducted except to comply with legal federal and state limits under Title III of the Consumer Credit Protection Act. If you have any disputes as to the amount of the garnishment, the legality of the garnishment itself or any other legal matters please contact the issuing court listed on the attached copy of the garnishment. The payroll department cannot delay, suspend or in any way alter the garnishment. ©2021 The Payroll Advisor 24
  • 25. Set It Up In Payroll ©2021 The Payroll Advisor 25 Kept in separate files in payroll
  • 26. Setting It Up ©2021 The Payroll Advisor 26 Always date stamp the garnishment Date Discuss security later Discuss Process on the same day as received – Do not let sit in your in-box Process on Determine pecking order if employee has more than one garnishment Determine Seek legal advice Seek
  • 27. Tracking System ©2021 The Payroll Advisor 27 Basically an excel spreadsheet One for each garnishment processed Use for life of garnishment Include amounts and dates of payments Current balance due if levy Of course, reconciliation spreadsheet for all garnishments processed matches payroll totals
  • 28. Paying It Out  Different types of garnishments have different due dates  If you can do by pay date to make sure you comply with all garnishments and state requirements  Creditor may have to hold until all monies withheld or time is up  EFT may be required ©2021 The Payroll Advisor 28
  • 29. Reconciling ©2021 The Payroll Advisor 29 Make sure you reconcile the G/L account each month 1 Spread sheet you created for tracking comes in handy now 2 Reconcile spreadsheet to payroll before releasing payments 3
  • 30. Terminating Employees ©2021 The Payroll Advisor 30 Garnishments and tax levies are a per payroll event Take normal deduction Do the required notifications Watch for the state tax levies— may require entire amount taken
  • 31. Security ©2021 The Payroll Advisor 31 Confidentiality is a must Anything that may be a garnishment should come to payroll first Only payroll has access NO Human Resources does not need to know Watch out for processing through A/P
  • 32. Security  Never discuss garnishments over the phone  Payroll personnel need to be secure as well ©2021 The Payroll Advisor 32
  • 33. Security for Payroll Personnel ©2021 The Payroll Advisor 33 A must in this day and age Blind mailboxes for e-mail Voice mail for phone Fake name for payroll personnel handling garnishments/lawsuits Physical security of building or office Face to Face by manager
  • 34. ©2021 The Payroll Advisor 34
  • 35. Federal Tax Levies  Form 668-W Notice of Levy on Wages, Salary and Other Income- New 4-18  Amount of deduction based on Publication 1494  Chart lists amount exempt from levy  Deduct from “take home pay” ©2021 The Payroll Advisor 35
  • 36. Form 668-W ©2021 The Payroll Advisor 36 Six part form (Part 6 retained by IRS) Part 1—Employer’s copy Parts 2-5 Given to employee Part 2 – Employee’s copy to keep Parts 3-5 require employee to complete information Part 3 and 4 are returned to employer within 3 days
  • 37. Form 668-W ©2021 The Payroll Advisor 37 Employee keeps part 5 Payroll gets back parts 3 and 4 Payroll keeps Part 4 and sends in Part 3 If not received use married filing separately plus zero personal exemption Do not use Form W-4 Use same chart even if year changes unless employee submits new form
  • 38. ©2021 The Payroll Advisor 38
  • 39. ©2021 The Payroll Advisor 39
  • 40. 40 ©2021 The Payroll Advisor Part 3 goes back to the IRS…after employee completes the statement. Send with first payment
  • 41. 41 ©2021 The Payroll Advisor Must complete filing status Can’t claim self Must do ALL Copies!
  • 42. ©2021 The Payroll Advisor 42 Form 668-W has a required response back from the employer Remove before completing Send in with the first payment Make copies for yourself for when employee terminates Answering Back
  • 44. What is Meant by Take Home Pay ©2021 The Payroll Advisor 44 • Taxes • Voluntary and involuntary deductions in effect before the levy is received • Increases in preexisting deductions beyond the employee’s control • Condition of employment deductions that come after the levy is received Subtract the following in calculating take home pay: Direct deposit is not counted
  • 45. Determining Amount Exempt from Levy ©2021 The Payroll Advisor 45 Publication 1494 is used to determine the amount exempt from levy Changes each year (adjusted for inflation) Use the number of dependents, pay period and filing status the employee submitted on the Form 668-W If you don’t receive a completed Parts 3 and 4, then use married filing separate with no dependents
  • 47. Paying the Levy ©2021 The Payroll Advisor 47 Put Put information on check not stub Make Make payable to “United States Treasury” Complete Complete back of Part 3 of form with first payment Pay Pay on the same day that payments are made or are due to employee or follow the levy instructions
  • 48.  Must receive Form 668-D  IRS wants you to continue to withhold until release is received even if it exceeds amount on levy  Call when you are getting close! ©2021 The Payroll Advisor 48 Stopping the Levy
  • 49. ©2021 The Payroll Advisor 49
  • 50. 50 ©2021 The Payroll Advisor Payroll usually uses this one
  • 51. 51 ©2021 The Payroll Advisor This will explain what they want you to do if the entire levy is not released
  • 52. Between Employees and the IRS  New at the IRS— online payments  Employee fills out application online  Makes payments online  Must still get Form 668-D to the employer  Can encourage employees to use ©2021 The Payroll Advisor 52
  • 53. Voluntary Deduction Agreement ©2021 The Payroll Advisor 53 Form 2159 “Payroll Deduction Agreement” Totally voluntary on both sides Still need release form to stop original levy Three-Part Form
  • 54. ©2021 The Payroll Advisor 54
  • 55. ©2021 The Payroll Advisor 55
  • 56. ©2021 The Payroll Advisor 56
  • 57.  Must take out of final paycheck  Must notify IRS of termination  Use copy of answer back section ©2021 The Payroll Advisor 57
  • 59. ©2021 The Payroll Advisor 59
  • 60. Federal Agency Debt Collections ©2021 The Payroll Advisor 60 Student loans not the only kind of federal debt subject to garnishment Fail to pay nontax debt Subject to CCPA as well as Debt Collection Improvement Act of 1996 Includes vendor, federal retirement, federal salary, and social security benefits
  • 61. Federal Agency Debt Collections  Disposable pay includes all wages and salary including vacation pay  Deductions include all mandated deductions plus health insurance premiums  Lesser of: 15% of disposable pay or amount that exceeds 30 times the current minimum wage ©2021 The Payroll Advisor 61
  • 62. Federal Agency Debt Collections ©2021 The Payroll Advisor 62 Has priority if served first But not over child support even if it comes later An amount equal to 25% of disposable pay less the amount(s) withheld under the withholding order(s) with priority Begin when the order says to End when release is received
  • 63. ©2021 The Payroll Advisor 63
  • 64. ©2021 The Payroll Advisor 64
  • 65. Consumer Credit Protection Act ©2021 The Payroll Advisor 65 Limits apply if more than one garnishment is in effect Limits the amount that can be deducted from “disposable pay” for child support and creditor garnishments
  • 66. Creditor Garnishments  CCPA limits apply except where state is lower  25% of disposable or the amount that exceeds 30 times the federal minimum hourly wage— Whichever is less  Some states have severe restrictions  Federal chart furnished-as of July 2009 ©2021 The Payroll Advisor 66
  • 68. Disposable Income ©2021 The Payroll Advisor 68 Disposable Income = gross pay - mandatory deductions. Disposable income is the amount of earnings remaining after subtracting certain mandatory deductions from an employee's gross pay. Mandatory deductions include federal, state and local taxes; unemployment insurance; workers' compensation insurance; state employee retirement deductions; other deductions determined by state law.
  • 69. Item Disposable Income Net Pay Gross Pay $760.00 $760.00 Federal Income Tax (95.00) (95.00) Social Security (45.57) (45.57) Medicare (10.66) (10.66) State (36.75) (36.75) Local (6.08) (6.08) Cafeteria plan deduction—Pretax (25.00) Union dues (10.00) Savings bond (25.00) Union pension (30.00) Credit union car loan (50.00) Total mandated deductions (194.06) Total payroll deductions (334.06) Totals $565.94 $425.94 ©2021 The Payroll Advisor 69
  • 70. Disposable Income and Net Pay ©2021 The Payroll Advisor 70 Note that disposable income is not necessarily the same as net pay. An employee may have a deduction taken from his pay that is not mandatory, such as union dues or a car loan payment. Watch out for tips to be included Limit applies even to multiple garnishments Other garnishments are not subtracted before determining disposable pay
  • 71. MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH AK HI States following federal rules State rules mirror federal Creditor Garnishment Limits by State 25% disposable or amounts exceeding 50 times state/fed min wage 25% of disposable or amounts in excess of 40 times state/fed min wage ©2021 The Payroll Advisor 71 25% disposable or amounts exceeding 35 times state/fed min wage Unique state rules Follows federal rules with limits for head of household
  • 72. States With Unique State Rules  AL: 25% of resident’s wages  CA: 25% of disposable or 50% amount exceed 40 times state or local minimum wage  DE: 15% of total wages  IL: 15% of gross wages or amount over 45 times state min wage  MA: 85% or amount of 50 times fed/state min wage is exempt  NC: Follows federal except orders from public hospitals and public assistance are limited  NV: Weekly gross <$770 exempt amount 82% or 50 times fed min wage. >$770 75% is exempt eff.10-1-17  NY: uses local minimum wage  PA: 10% for debts to landlords, taxes to municipalities or HEAAA debt  SC: Garnishments not allowed for consumer debts  SD: lessor of 20% of weekly disposable or amount over $346 less $25 for each depending living with employee  TX: Current wages exempt from garnishment  WI: 20% of disposable unless household income below fed poverty level then exempt  WV: 20% of disposable or amount over 50 times fed min wage 72 ©2021 The Payroll Advisor
  • 73. MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH AK HI No provisions for fees Permit fees Creditor Garnishment Fees by State Have unique fees for certain items ©2021 The Payroll Advisor 73
  • 74. State Fees ©2021 The Payroll Advisor 74 State Fees Permitted Arizona $5 each pay period from nonexempt earnings Arkansas $2.50 per pay period California $1.00 for each payment District of Columbia $2.00 for withholding order Florida $5.00 for 1st deduction, $2.00 each deduction thereafter Georgia $50 or 10% of amount paid into court (whichever is greater) but not to exceed $100 as reasonable attorney’s fees or expenses Illinois 2% of amount to be deducted Indiana Larger of $12 or 3% of total amount to be deducted ½ of fee from employee, ½ of fee from amount due creditor Kansas $10 per pay period up to $20 per month, payable by creditor if can’t be taken from employee Louisiana $3 from nonexempt income each payment garnishment is in effect Maine $1 per check to be taken from amount withheld Michigan $6 fee paid by plaintiff at the time a writ of garnishment is served. Amount is $35 for writs issued after 9-30-15 Minnesota $15 paid by creditor to employer at time of service of garnishment Missouri One time fee not to exceed $20 withheld from wages in addition to garnishment Nevada $5 paid by creditor to employer at time a writ of garnishment is served. Employer entitled to$3 per pay period not to exceed $12 per month New Jersey 5% for compensation towards expenses and services in processing each payment North Dakota $10 paid by creditor when employer is served with garnishment summons Oklahoma $10 from employee’s funds for answering a garnishment summons Ohio $3 per pay period payable by employee $1 for property garnishment payable by creditor Oregon $2 processing fee for each week a payment is made unless withholding reduces below minimums. Must collect after last payment is made Rhode Island $5 paid by employee for each writ of garnishment South Dakota $15 for garnishee summons being served Texas Lessor of actual costs or $10 from disposable earnings Utah $10 for a single garnishment or $25 for continuing garnishment paid by creditor directly to employer Vermont $10 for district court cases, $50 for superior court cases payable by creditor Virginia $10 for each garnishment summons served Washington $10 processing fee for 1st disbursement and $1 for each subsequent disbursement. $20 for first payment; if continuing lien $10 at time of second payment Wisconsin $15 garnishee fee from creditor for each garnishment or extension
  • 75. State Duration ©2021 The Payroll Advisor 75 Until Paid in Full 30 Days 60 Days 70 Days 90 Days 120 Days 179 Days 6 Mos 180 Days Until Notified AK; AL; AR; AZ; CA; CT; DC; DE; FL; HI; IA; ID; IL; IN; KY; LA; MA; MD; ME; MI; MO; MS; MT; NJ; NM; NV; NY; OH; OR; PA; RI; TX; UT; KS SD WA MN NE OR WI WY MT GA CO CO GA (179) OK MI (182) TN VA NV MI • California: the earlier of paid in full or date of termination as established by the court • Iowa: or until annual limit is reached • Michigan, Montana, Nevada, Oklahoma, Oregon, Tennessee: either paid in full or time limit whichever comes first • North Carolina: public hospital remains for up to 60 months • North Dakota: 270 days for continuing garnishments • New Hampshire: 1 pay period • South Carolina and Vermont: does not address issue • West Virginia: one year
  • 76. MT WY ID WA OR NV UT CA AZ ND SD NE CO NM TX OK KS AR LA MO IA MN WI IL IN KY TN MS AL GA FL SC NC VA WV OH MI NY PA MD DE NJ CT RI MA ME VT NH AK HI Immediately Within 2 to 7 days Creditor Garnishment Employer Response Time Within 2 weeks (8-14 days) ©2021 The Payroll Advisor 76 Within 15-21 days 30 days or more Varies, per pay period or does not address issue
  • 77. State Fees  May also be a fee to collect for the state or court or plaintiff in the case  Read the garnishment ©2021 The Payroll Advisor 77
  • 78. ©2021 The Payroll Advisor 78
  • 79. State Tax Levies ©2021 The Payroll Advisor 79 CCPA limits do not apply to state tax levies under 15 USC 1673(b)(1)(c) COULD BE 25% of disposable or the amount that exceeds 30 times the federal minimum hourly wage COULD BE anything they want it to be—Example NC is up to 10% of an employee’s wages. COULD come on a tax levy form or COULD be a letter
  • 80. State Tax Levies ©2021 The Payroll Advisor 80 Disposable income could match federal or may not even give a definition May have priority over other creditor garnishments or it may not Answer back may or may not be required May be able to collect a fee Read the garnishment carefully
  • 81. State Tax Levies- Examples ©2021 The Payroll Advisor 81 California: follows CCPA limits Colorado: no limits on the amount of wages that may garnisheed Hawaii: 25% of all wages paid Indiana: follows creditor garnishment limits Kentucky: creditor garnishments rules do not apply Maryland: depends on the county
  • 82. ©2021 The Payroll Advisor 82
  • 83. Voluntary Wage Assignment  Are not the same thing as a court-ordered garnishment  Are voluntary so not covered under CCPA limits  Can be revoked at any time by employee so watch for this  State sets the limit and the rules  State can forbid employer to honor, especially for “small loans” ©2021 The Payroll Advisor 83
  • 84. For Example—South Carolina ©2021 The Payroll Advisor 84 SC: A creditor cannot take an assignment for the payment of or as security for a debt arising from a consumer credit transaction. Such an assignment is unenforceable by the creditor and revocable by the employee. An employee can authorize voluntary deductions for consumer credit transactions [S.C. Code Ann. § 37-2-410 ]. Voluntary Authorizations. Employees may authorize deductions from wages if the authorization is revocable [S.C. Code Ann. § 37- 2-410 ].
  • 85. ©2021 The Payroll Advisor 85 • it is in a separate written document, signed by the employee showing the date of signature, the employee's Social Security number, the employer's name, the price of the articles sold or the amount loaned, the interest rate or the time-price differential, and the payment dates; • it is given to secure an existing debt or a debt contracted at the same time as the assignment; • the employee gets a copy when it is executed; and • the words "Wage Assignment" are at the top and one inch above or below the employee's signature, in bold face type at least one-quarter-inch high [ILCS Chapter 740 § 170/1 ]. • The following conditions apply: • 1 a demand for a wage assignment collection can be served on an employer if a debtor defaults for more than 40 days; • 2 the demand states the amount in default; • 3 an original of the assignment is provided to the employer (prior to Jan. 1, 2017, a photostat of the wage assignment was also acceptable); • 4 a notice of intent was sent to the employee; and • 5 an advice copy was sent to the employer by first class, registered or certified mail at least 20 days before the demand was served on the employer [ILCS Chapter 740 § 170/2 ]. Conditions. A wage assignment is valid if: For Example—Illinois
  • 86. For Example—Illinois  Revocation of wage assignment. Effective Jan. 1, 2017, a wage assignment may be revoked if the wage assignment is revocable under federal law and the employee submits the Illinois Revocation Notice Form (see ILCS Chapter 740 § 170/2.2 ), or provides written notice of the revocation, to the creditor. Failure to use the sample language provided in the notice described in ILCS Chapter 740 § 170/2.2 does not affect the validity of the written notice of revocation. The employee may submit a copy of the notice to his or her employer. After a revocation notice is received by the employer, no wages are subject to the demand unless the employer receives a copy of a subsequent agreement between the employee and the creditor authorizing payment. If an employee has not provided a Revocation Notice Form or otherwise served the creditor with a written notice of revocation (if the wage assignment is revocable under federal law) within 20 days after receiving the notice of intention to make a demand, the creditor may proceed with his demand, and the employer may commence payment to the creditor no sooner than 5 business days after service of such demand, if no revocation notice has been received by the employer [ILCS Chapter 740 § 170/4.1 ; ILCS Chapter 740 § 170/4.2 ].  Prior to Jan. 1, 2017, an employee had 20 days after receipt of the notice of intent or five days after service of the demand to give a defense notice to the employer. After the defense notice was given to the employer no wages were subject to the demand unless the employer received a copy of a subsequent agreement between the employee and creditor authorizing payment [ILCS Chapter 740 § 170/4.1 ; ILCS Chapter 740 § 170/4.2 ].  Wages paid by a state or local government or by a school district are not subject to wage assignments [ILCS Chapter 740 § 170/10 ].  Assignment of future wages An assignment is valid for three years from the date of execution against the present employer, and for two years against a future employer. A demand applies to wages due when the demand is served, and to future wages until either the balance due under the assignment is paid or the end of the last payroll period ending within 84 days after the demand is served [ILCS Chapter 740 § 170/2 ; ILCS Chapter 740 § 170/3 ; ILCS Chapter 740 § 170/5 ].  Priority. Wage assignments are to be implemented on a first-come-first-served basis [ILCS Chapter 735 § 5/12-803 ].  Employer fee. An employer is entitled to a collect and retain a fee of $12 for each wage assignment, to be credited against the wage-earner's outstanding debt [ILCS Chapter 740 § 170/4 ]. ©2021 The Payroll Advisor 86
  • 87. ©2021 The Payroll Advisor 87
  • 88. Bankruptcy  Governed by the federal Bankruptcy Act  Chapter XIII bankruptcy orders take priority over any other claim against wages including child support and tax levies  Should be included in bankruptcy— verify ©2021 The Payroll Advisor 88
  • 89. Bankruptcy  Get releases when required—child support  Notify courts if child support is involved-No more automatic stays for child support ©2021 The Payroll Advisor 89
  • 90. ©2021 The Payroll Advisor 90
  • 91. Student Loans ©2021 The Payroll Advisor 91 Higher Education Act amended to allow for garnishment of wages to repay student loans 15% of disposable or 30 times federal minimum wage which ever is less Multiples can use the 25% garnishment limit
  • 92. Student Loans ©2021 The Payroll Advisor Under federal regulations, only those agencies having an agreement with the U.S. Department of Education are allowed to issue wage withholding orders for defaulted student loans made under the federal loan guaranty program. Agencies having such an agreement are referred to as state guaranty agencies or loan servicers. 92
  • 93. Disposable Pay Is Defined As… ©2021 The Payroll Advisor 93 The employee’s compensation including salary, overtime, bonuses, commissions, sick leave and vacation pay minus any deductions for health insurance and deductions required by law. Deductions required by law or proper deductions include federal, state and local taxes; state unemployment and disability taxes; social security taxes; Medicare taxes; and involuntary pension contributions.
  • 94. But They Do Not Include… ©2021 The Payroll Advisor 94 Voluntary pension deduction or retirement plan contributions or union dues. A Wage Garnishment Worksheet is included with the Wage Garnishment Order to assist payroll in calculating disposable pay and the wage garnishment amount. Also website http://fmsq.treas.gov/debt/AWG_calc.html
  • 95. ©2021 The Payroll Advisor 95
  • 96. Handling a Student Loan Garnishment ©2021 The Payroll Advisor 96 ED first notifies the employer that debtor pay must be withheld by sending a Wage Garnishment Order (SF-329B) form Provides the debtor’s name, address, and social security number as well as instructions for withholding. The employer then: completes and returns the Employer Certification (ED-329D) within 20 days of receipt Begins withholding the amount directed in the order—usually within 10 days Remit within 3 days after withholding
  • 97. ©2021 The Payroll Advisor 97
  • 98. ©2021 The Payroll Advisor 98
  • 101. But What if the Employee is Gone? If the debtor is no longer employed by your organization when you receive the Order, simply indicate this on the form and return it to ED or call the Administrative Wage Garnishment Branch at 404-562- 6013. ©2021 The Payroll Advisor 101
  • 102. ©2021 The Payroll Advisor 102 X Complete here
  • 103. Then Each Quarter… ©2021 The Payroll Advisor 103 ED will send the employer an Employment Confirmation Report to obtain any information needed regarding any changes to the employment status of the debtor. The Report lists the debtor/employee's account balance. Keep in mind that the balance shown on the Report reflects interest that has accrued since the Order was issued. In addition, ED has used part of the amounts withheld and paid to ED to defray collection costs ED incurs in collecting the debt. Questions or account balance call (404) 562 -6013.
  • 104. Questions? 104 Please enter any questions into the chat box, we will get to as many questions live as we can!
  • 105. Workforce Solutions for Demanding Work Environments Our full suite of workforce solutions helps keep you compliant, productive and profitable. We focus on automating the complexity, so you can focus on the things that require a human touch. • Ascentis can handle garnishment calculations for you automatically, including: • Federal and state levies • Voluntary deduction agreements or wage assignments • Federal agency debt collections • And more 105