AB 36 now excludes health insurance premium payments and medical reimbursements for medical care expenses on behalf of adult children, from California Personal Income Tax (PIT) wages/income and PIT withholding, retroactive to the original enact date(s) of the Health Care Acts in 2010.
For 2010, employers who calculated a fair market value benefit amount as imputed income for California Personal Income Tax (PIT) wages for their employees and subsequently withheld PIT on this value should issue Form W-2C to impacted employees that reflect the correct PIT wage amount. Employers can amend their California state payroll tax returns using our Tax and Wage Adjustment Form (DE 678).
For 2011, if employers calculated a fair market value of the health insurance premium and withheld the applicable PIT in the first quarter and have already filed their Quarterly Contribution Return and Report of Wages (DE 9), they can amend the return by using our Quarterly Contribution and Wage Adjustment Form (DE 9ADJ).
For employers who have calculated PIT wages and withheld PIT from their employees for the first quarter but not yet filed the DE 9 and Quarterly Contribution and Wage Adjustment Form (Continuation) (DE 9C), you may choose to file and report the correct wages and withholding amounts while revising your payroll process internally for the over-reporting and withholding.
Please refer to the 2011 California Employer’s Guide (DE 44), for information on how to amend payroll tax returns. You can access the above forms on our web site on EDD’s Forms and Publications.
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