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[ Status Procedures Manual - TOC ] [ Ch 1 - New Accounts ] [ Ch 2 - Changes to Accounts ] [ Ch 3 - Special Accounts ] [ Ch 4 - Other Units, Sections & Departments ] [ Ch 5 - Letters ] [ Ch 6 - Investigations & Assistance ] [ Ch 7 - Partial Transfer Applications ] [ Ch 8 - Traces ] [ Ch 9 - Special Reporting Situations ] [ Ch 10 - Account Numbers ] [ Ch 11 - Appeals Decisions and Hearings ] [ Ch 12 - Document Processing ] [ Ch 13 - Error Reports & Query List Instructions ] [ Ch 14 - Tax Performance System ] [ Ch 15 - Experience Rating Unit ] [ Ch 16 - SUTA Dumping Detection ]
[ 9.1 - Reciprocal Coverage Agreements ] [ 9.2 - Service on a Vessel - Vessel Listing ] [ 9.3 - Service on an American Aircraft ] [ 9.4 - Truck Drivers ][ 9.5 - Traveling Salesperson Residing in Texas ][ 9.6 - Workforce Development Boards ][ 9.7 - Blind Individuals Working for Certain Sheltered Workshops ] [ 9.8 - Annual Election for Domestic Employers ]

Chapter 9:  Special Reporting Situations


comments to: Tax Department

9.8     Annual Election for Domestic Employers

[ 9.8.1 - Background ][ 9.8.2 - Eligibility ] [ 9.8.3 - Annual Election Deadlines ][ 9.8.4 - Annual Election Dates & Time Limits ] [ 9.8.5 - Annual Election Unofficial Forms ][ 9.8.6 - Processing Form C-20 ] [ 9.8.7 - Employer Notification that Election to File Annually has been Approved ][ 9.8.8 - Withdrawal of Annual Election ][ 9.8.9 - Eligibility ] [ 9.8.10 - Withdrawal of Annual Election Deadlines ] [ 9.8.11 - Annual Election Unofficial Forms ][ 9.8.12 - Processing Form C-20F ][ 9.8.13 - Revocation of Annual Election ][ 9.8.14 - Special Situations ]

9.8.1     Background

Domestic employers may elect to report quarterly wages and pay unemployment insurance contributions annually. Eligible employers must have domestic-only employment. Employers are not eligible for annual filing if they have more than one type of employment. Employers who are eligible may file election form (Form C-20, Election by a Domestic Employer to Report Quarterly Wages and Pay Taxes on an Annual Basis) by December 31 to begin filing annually for the next year.

9.8.2     Eligibility

The employment must be domestic only. Domestic employers that have more than one type of employment are not eligible to file on an annual basis. If an election is received from an employer that has some other type of employment, send the employer the letter explaining the domestic-only criteria. Place a file copy of the letter in the D L & D (Document Log & Destroy) basket and update the FTC screen to document the actions.

All Domestic employers must report quarterly for their first year of liability and are not eligible to report annually until their second year of employment. For example, a domestic-only employer that became liable in 2010 would have until December 31, 2010, to submit Form C-20 to elect to file annually for 2011.

If an election is received by an employer to report on an annual basis for their first year of liability, approve the election for the following year. Mark through the "year" section on Form C-20 and put the eligible year and initial it. Make a copy of the amended C-20. Send a letter of explanation to the employer, along with a copy of the amended C-20. Place a file copy of the letter and the amended C-20 in the D L & D basket and update the FTC screen to document actions.

9.8.3     Annual Election Deadlines

A change to annual filing status is effective only at the beginning of a calendar year.  An employer may not change their method of filing in the middle of a year. A domestic employer electing to report on an annual basis must submit Form C-20, by December 31 of the year prior to the year they wish to report on an annual basis.  If the election form is not received by December 31, the employer must continue filing reports and making tax contributions quarterly.  The status section uses the Postmark date to determine when the election form was received.


If notification is not submitted timely, approve the election for the following year.  Mark through the “year” section on Form C-20 and put the eligible year and initial it.  Make a copy of the amended C-20.  Send a letter of explanation to the employer, along with a copy of the amended C-20.  Place a file copy of the letter and the amended C-20 in the D L & D basket and update the FTC screen to document actions.

9.8.4    Annual Election Dates & Time Limits

Domestic employers are required to remain with an annual reporting method for a minimum of two calendar years. Domestic employers are not permitted to switch their method of reporting every year.

If an employer requests their method of reporting be changed back to quarterly, prior to the two calendar years, the request should be denied.  See Withdrawal Election Process (Sec 9.8.8).

9.8.5     Annual Election Unofficial Forms

Employers are required to submit Form C-20 if they desire to change their method of reporting to an annual basis.  Initial notification does not have to be on the official Commission form.  As long as an employer notifies the Commission timely and in writing, their right to report on an annual basis is preserved.

If timely notification is received on an unofficial form:

  1. Process the annual reporting request based on the unofficial notification as described in the next section and send the employer a dictated letter enclosing two Form C-20’s.  Place the file copy of the letter in the D L & D basket and update the FTC screen to document actions. 
  2. Do not trace the account.

9.8.6     Processing Form C-20

After reviewing the account for eligibility, make sure the employer has not already elected to file on an annual basis.  If there is an asterisk next to the DOM section on the EMF screen, that means the employer is already reporting on an annual basis or has at one time reported on an annual basis.
 
Review the Status of Annual Domestic (SID) screen to determine if the employer is already approved to report annually by reviewing the effective date and whether or not the annual election has been revoked.

If the employer is already approved for the annual reporting method, you may discard Form C-20, as long as it has already been imaged. 

If the SID screen indicates the employer was revoked from the annual filing option, you can process form C-20 as long as you have determined the employer is now eligible for the annual filing option.  If the SID screen indicates the employer has withdrawn their election to report on an annual basis, you can process the C-20, if the two calendar year minimum has been met since the effective date of the revocation.  More information on the withdrawal and revocation of an election to report annually can be found in Withdrawal Election Process and the Revocation Election Process section.

Approving the Annual Election

Once the account has been reviewed, approve the election via the Domestic Annual Filers (SAD) screen.

EID            EFF YR    RC
______     ____       __

Key the account number under “EID”, the year the annual filing option has been approved for under “EFF YR” and the number “1” (APPLICATION IS APPROVED) under RC.  Press <ENTER>.

You can than review the EMF screen because the asterisk will appear next to DOM on that account indicating to users that the account has annual filing history.  The actual switch to an annual filing option is an overnight process.

9.8.7     Employer Notification that Election to File Annually has been Approved

At the end of March of each year, the Status Section Manager will send an automation request requesting that all domestic employers that have been approved for that year be sent a letter advising each employer that their election has been approved. This notification process has to be completed before the first quarter employers quarterly report becomes due. These approved employers will not be receiving those reports and need to know of their annual filing status.

9.8.8     Withdrawal of Annual Election

Employers with an annual filing status are permitted, with Commission Approval, to switch their method of reporting back to quarterly by submitting Form C-20F, Application By A Domestic Employer For Withdrawal of Election To Report Quarterly Wages And Pay Taxes On An Annual Basis. It is the Status Section’s responsibility to make this change.

9.8.9     Eligibiltiy

An annual filer may change their method of reporting back to quarterly if they have been an annual filer for at least 2 years. If form C-20F is received prior to the two year minimum, send the employer a letter explaining the 2 year minimum requirement. Place a copy of the letter in the DL & D basket and update the FTC screen to document the actions.

9.8.10     Withdrawal of Annual Election Deadlines

A change to annual filing status is effective only at the beginning of a calendar year. An employer may not change their method of filing in the middle of the year. A domestic employer approved to report on an annual basis must submit Form C-20F, by December 31 of the year prior to the year they wish to file on a quarterly basis. If the election form is not received by December 31, the employer must continue filing reports and making tax contributions on an annual basis. The status section uses the Postmark date to determine when the election form was received.

If the notification to withdraw is not timely, approve the withdrawal for the following year. Mark through the "year" section on Form C-20F and put the eligible year and initial it. Make a copy of the amended C-20F. Send a letter of explanation to the employer, along with a copy of the amended C-20F. Place a file copy of the letter and the amended C-20F in the D L & D basket and update the FTC screen to document actions.

9.8.11     Annual Election Unofficial Forms

Employers are required to submit Form C-20F if they desire to change their method of reporting back to a quarterly basis. Initial notification does not have to be on the official Commission Form. As long as an employer notifies the Commission timely and in writing, their right to report on a quarterly basis is preserved.

If timely notification is received on an unofficial form Send the employer a dictated letter enclosing two Form C-20F’s, place the file copy of the letter in the D L & D basket, and update the FTC screen to document the actions.

Trace the account.

9.8.12     Processing Form C-20F

Review the effective date on the SID screen, to determine if the withdrawal request has met the two year minimum criteria for approval.

If the SID screen indicates the employer has not met the two year minimum, send the employer a dictated letter explaining the two year minimum.  Place the file copy of the letter in the D L & D basket and update the FTC screen to document your actions.

Withdrawal of The Annual Election

Once the account has been reviewed, withdraw the election via    the SAD screen.

EID                            EFF YR                   RC
___                           ______                 _____

Key the account number under “EID”, the year the withdrawal of the annual filing option has been approved for under the “EFF YR” and the number “2” (Employer Withdraws), under RC. Press <ENTER>.  The SID screen will update immediately, indicating the effective date of the withdrawal along with the annual filing history.  The actual switch to a quarterly filing option is an overnight process.

Send the employer a letter indicating their election to switch back to quarterly filing has been approved.  Include a quarterly reporting form, if necessary. Place the file copy of the letter in the D L & D basket and update the FTC screen to document your actions.

9.8.13     Revocation of Annual Election

In order to maintain the annual election status, the employer must remain a domestic-only employer.  If a domestic employer adds another type of liability to their account, the annual election status must be revoked.  It is the responsibility of the Status Section to process the revocation.

Notification of another type of employment.

The employer will sometimes notify the Tax Department of the addition of regular or agricultural employment to their account but often times it is discovered by review of the account by the field or by status personnel or by mere circumstance.

Processing the Revocation

Upon discovering the additional liability, the annual filing option can be revoked in the present year only.  You cannot revoke an annual election back to a previous year.  To revoke the election you must utilize the SAD screen.

EID         EFF YR                  RC
____      _____                   ___

Key the account number under the “EID”, the year the annual filing option is being revoked under “EFF YR” and the number “3” (Tax Revoked Application) under RC to revoke the annual election.  The revocation is an overnight process but will appear under the “SID” screen immediately.  The asterisk indicating the account had domestic employment at one time will be present for the life of the account.

Update the FTC screen about revocation reason. 

Send an email to the Rates Unit Global address (Tax Experience Rating) and the Status Operations unit that the annual filing status has been revoked. 

The next day, the Status Operations Unit will receive a computer generated revocation letter. The Status operations unit will deliver the letter to the AE.  The AE will review the letter and mail along with employers quarterly reports, if needed.

9.8.14     Special Situations

When an account has had the annual election revoked, in some cases, the system will not allow changes to be made to the STA screen. In those instances, changes must be made via C-10.


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Texas Workforce Commission  |  Unemployment Tax

Last Revision: October 19, 2011