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My employer didnt tax bonuses & now ADP is all over me saying we have to do a "gross up". Ive always seen bonuses put in as gross in box 14 on a W2. Cant we just do that?

In the future if they want to pay a net bonus of, say $200, you have to reduce the gross amount by 7.65% to cover the payroll tax.  Put $185 as the bonus amount into the payroll system.  The employer will pay their share of employment taxes for a total cost of $199.16.  The employee will see a gross bonus of $185 less social security, state and federal income tax, for a take home amount of $100-130 depending on their tax bracket.  

Unfortunately the box 14 method is wrong. At worst it is complete tax avoidance and at best it is shifting the employment tax burden to the honest employee who reports it as income.  When you have W-2 employees, anything of value that you give them is taxable compensation.  

My ex wife works for a grocery store chain and received gift cards for buying food for her mothers funeral.  It was duly reported as income, the value was included on her W-2, and they deducted employment and income taxes.  

Some businesses issue a separate 1099-MISC for such bonuses but that's also incorrect.  

Sounds like a learning experience for everyone.  And a few past companies were lucky not to get caught.

My employer didnt tax bonuses & now ADP is all over me saying we have to do a "gross up". Ive always seen bonuses put in as gross in box 14 on a W2. Cant we just do that?

BTW: Box 14 is for information that the employer can put anything that they want you to know and in most cases what is in box 14 does not go on your tax return at all.  There are a few items. such as state disability insurance, reported in box 14 that are entered as an itemized deduction, but in most cases it is just for information.  So if an employer put "bonus" in box 14, it would be just information to tell you how much your bonus was, but the bonus pay should have been included in the box 1, 3 & 5 amounts.
**Disclaimer: This post is for discussion purposes only and is NOT tax advice. The author takes no responsibility for the accuracy of any information in this post.**

My employer didnt tax bonuses & now ADP is all over me saying we have to do a "gross up". Ive always seen bonuses put in as gross in box 14 on a W2. Cant we just do that?

So I have some time now to put together an example and I think I might know what ADP wants you to do.  Keep in mind that all of this is just a fix for doing the bonus wrong this year.  If you want to pay a bonus next year, just put the gross amount in the payroll system and let it get taxed, and it will cost the company 7.65% employment tax like all the other wages, or reduce it by a few percent and put it in the payroll system and let it get taxed like usual.

Let's look at Mary whose salary is $1000 per week.  Her normal check looks like this:

(Example 1) Gross $1000

FICA and OADSI $75

Federal withholding $200

State withholding $50

Net pay $675. (Note the employer pays a $75 employment tax match on form 941.)

If you had taxed the bonus correctly, her check would look like this:

(Example 2) Gross $1200

FICA and OADSI $90

Federal w/h $250

State w/h $70

Net pay $790 (Note the employer pays a $90 employment tax match on form 941, so the bonus actually costs the employer $214.)

Now because you handed her the $200 on the side, you need to pay employment tax and you were supposed to collect withholding.  It sounds like ADP wants the employer to pay it all so it doesn't have to come from the employee, like this:

(Example 3) Gross pay $1000

Gross up for taxes on bonus $85

FICA and OASDI $75

Federal w/h $200

State w/h $50

Additional federal, state and FICA withholding for the side bonus $85

Net pay to employee $675.

The employee gets to keep the bonus in full and the employer pays the tax that should have been withheld but wasn't.  But now the bonus costs the employer $300 instead of $215.

But there's another way to do it,

(Example 4) Gross $1000

FICA and OADSI $75

Federal withholding $200

State withholding $50

Additional FICA due on bonus $15
Additional federal w/h due on bonus $50
Additional state withholding due on bonus $20
Net pay to employee $590.

Here, the employee takes a last minute haircut in their check due to the employer's mistake. Their last check of the year is cut by $85.  But, this represents the correct withholding on the untaxed bonus, so they still come out $115 ahead, even though they are likely to be pissed off.  And the state and federal withholding represents tax they owed anyway that would have come out of their refund if it was never withheld.  ADP should agree to do this rather than insisting that you pay all the taxes as in example 3.  Your employees may howl, however, and this will need to be explained carefully and sympathetically.  It may be worth it to gross up the bonuses as in example 3 just to keep up morale.  That's just something to think about.  Remember, this only happens this year.  Next year you will pay the bonuses properly following example #2.

There is a final possibility:

(Example 5) Gross $1000

FICA and OADSI $75

Federal withholding $200

State withholding $50

Additional FICA due on bonus $15
Net pay to employee $660.

Here the employee is only taking the haircut on the FICA and OASDI.  This is tax you MUST collect.  It leaves the income tax withholding uncollected.  This puts you in violation of the law regarding how lump sum bonuses are supposed to be withheld.  And it means that the tax due will come out of the employees' tax refunds instead of being withheld in advance.  But it has less of an immediate impact on their paychecks.  ADP may require that you follow the law (example 3 or 4) or refuse to process your payroll, I don't know.  But they may be willing to go along with #5 on the grounds that the harm is already done, and #5 minimizes disruption to the company and the employees.  They may want you to sign a waiver of responsibility advising you this is incorrect and that you relieve them of responsibility.
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Anyway those are some things to think of.  If you are forced by ADP to go with #3 or #4, you might be better with #3 for morale, and then skip bonuses for one year if you have to.  Remember this is a one-time problem and future bonuses will not cause this problem if handled correctly (#2).

Good luck.

My employer didnt tax bonuses & now ADP is all over me saying we have to do a "gross up". Ive always seen bonuses put in as gross in box 14 on a W2. Cant we just do that?

Thank you so much for taking the time to give me different options.   The only way we will be forced to do a gross up will be if ADP cant catch this week's payroll to adjust taxes as it was submitted yesterday. It was the company's intention for employees to pay their share of the taxes, however because the decision to give bonuses was last minute, there was no time to do calculations and of course being the last paycheck of the year makes it extra difficult.   Bonuses were calculated based on years of service, so some of them are significant and therefore the tax burden will likely be significant as well.  Once ADP gets back to me, I will have more information I guess...   Again, I appreciate your help and taking the time to give me more options.   I have always handled payroll inhouse before becoming this company's bookkeeper, so dealing with an oursourced payroll company has had its learning curve and in this case, ADP is our PEO which adds even more new things to learn. My goal is to take payroll over for 2017, but i have been unable to convince the owners as of yet.

My employer didnt tax bonuses & now ADP is all over me saying we have to do a "gross up". Ive always seen bonuses put in as gross in box 14 on a W2. Cant we just do that?

Hopefully you and the owners now have enough info to understand your options and work with ADP to correct the issue.  And as I noted, this is a one time thing, and doesn't impact future bonuses because they will be paid and withheld correctly.  Feel free to post back if you have additional concerns or questions.
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