FLORIDA UNEMPLOYMENT TAX UPDATE

August 18, 2010 – 11:17 am

The Florida Department of Revenue has issued Tax Information Publication 1060BB-03 explaining legislative changes affecting the unemployment tax. The publication discusses the following changes:

Compliance Penalties. Beginning with the third quarter 2010 Employer’s Quarter Report (UCT-6), a penalty on erroneous, incomplete, or insufficient reports equal to the greater of $50 or 10 percent of any tax due up to the $300 maximum (per report). The penalty will be waived if a corrected, complete, and accurate report is filed within 30 days of the penalty notice date. Note: the penalty may not be waived more than one time in a 12 month period.

Penalty for Failure to E-file. Effective July 1, 2010, the Florida Department of Revenue will assess employer penalties of $50 plus $1 for each employee if the report is not filed electronically using an approved filing method. Agents who prepared and reported for 100 or more employers in any quarter during the prior fiscal year will be assessed the same penalty for each quarterly report that was filed by an unapproved method.
Single Member LLCs. Limited Liability Companies (LLCs) are treated as the employer for Florida unemployment tax purposes.

The new law clarifies that a single member LLC must register and report wages for Florida unemployment tax separately from the owner.

Response deadlines for benefit claims. Employers have only 20 days from the mailing date to respond to an initial notice (Form UCB-412) regarding benefit claims if they want to remain eligible for noncharging of any benefit claim payments.

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