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From a tax perspective, the IRS views traditional severance payments as supplemental wages because they are not a payment for services. Severance paid to employees in a lump sum, unrelated to state unemployment benefits, is taxable as wages for both income-tax withholding and FICA purposes.
The current tax rate for Social Security is 6.2% for the employer and 6.2% for the employee, or 12.4% total. The current rate for Medicare is 1.45% for the employer and 1.45% for the employee, or 2.9% total.
Form 499-R-1C (Adjustments to Income Tax Withheld Worksheet) Form 499R2/W2PR (Withholding Statement) - This withholding statement is the Puerto Rico equivalent of the U.S. Form W2 and should be prepared for every employee. The form comes in five copies.
Thus, the elementary rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or Collective Bargaining Agreement or based on established employer practice in the company.
Dear Name, This letter is to inform you that as of date, we will no longer require your services. We've enjoyed working with name of company but due to reasons, we have decided to terminate our contract. All outstanding deliverables should be completed before our contract is officially terminated.
Yes, Puerto Ricans do pay some federal income taxes in addition to the local income tax they pay in Puerto Rico. They pay the federal tax that funds Social Security and Medicare (the Federal Insurance Contributions Act (FICA) tax). There are also exceptions to the general rule.
Yes, severance pay is taxable in the year that you receive it. Your employer will include this amount on your Form W-2 and will withhold appropriate federal and state taxes.
In addition, severance payments are classified as "supplemental wages" for income tax purposes. Employers must withhold income tax from such payments at a flat 22% rate and pay the money to the IRS. State income tax must be withheld as well in the 43 states that have income taxes.
Severance payments These payments are not subject to Puerto Rico income tax withholding at source, as provided by Section 1062.01 of the PR Code, and are currently reported as exempt salaries in Form 499R-2W-2PR - Withholding Statement.
Puerto Rico holds a unique position as an unincorporated U.S. territory. Under Internal Revenue Code (IRC) §933, Puerto Rico source income is excluded from U.S. federal tax.