How to tax 2008 bonuses (even $5 bonuses)
Sunday, December 14th, 2008
Taxing a cash (or cash equivalent) bonus
You are required to treat any cash bonus as wages and to apply FITW, FICA, FUTA, and state and local payroll taxes. If you give the bonus separately from regular wages, or with regular wages but identified as separate, the supplemental withholding rate-25% for 2008-can be used. [26 CFR 31.3402(g)-1]
A discretionary bonus is a lump sum that the employer decides when to give and how much to give. It cannot be required by a contract, agreement or promise nor be part of a pattern that leads employees to expect it. To qualify as discretionary, the bonus must be a complete surprise to the employee. An exception is holiday bonuses that, even if given each year (leading employees to expect them), can be treated as discretionary. A discretionary bonus for hourly employees does not affect their overtime pay rate. [29 CFR 778.211]
A nondiscretionary bonus is one required under a contract, agreement or promise, express or implied-e.g., for higher or faster production, as an inducement to take a job or stay with the company-or a bonus that employees have come to expect (except for holiday bonuses). A nondiscretionary bonus given to hourly employees must be added to gross pay for the week in which it is earned and included when computing any overtime for the week. [29 CFR 7788.209]
Example: Pat earns $11/hr. One week she works 43 hours and earns a $30 prorated production bonus.
Pat’s normal pay: $473 for the week ($11 x 43 hrs) + $30 bonus = $503 straight-time pay.
Pat’s overtime pay: $503 earned for the week (including the nondiscretionary bonus)/43 hours worked = $11.70 regular rate of pay x 50% premium rate = $5.85 x 3 hours’ overtime = $17.55 premium pay.
Pat’s gross pay: $503 straight-time pay + $17.55 premium pay = $520.55 gross pay for the week.
Source: AIPB.ORG