Tax withholding, also known as tax retention, pay-as-you-earn tax or tax deduction at source, is income tax paid to the government by the payer of the income rather than by the recipient of the income. The tax is thus withheld or deducted from the income due to the recipient. In most jurisdictions, tax withholding applies to employment income. Many jurisdictions also require withholding taxes on payments of interest or dividends. In most jurisdictions, there are additional tax withholding obligations if the recipient of the income is resident in a different jurisdiction, and in those circumstances withholding tax sometimes applies to royalties, rent or even the sale of real estate. Governments use tax withholding as a means to combat tax evasion, and sometimes impose additional tax withholding requirements if the recipient has been delinquent in filing tax returns, or in industries where tax evasion is perceived to be common.
Typically, the withheld tax is treated as a payment on account of the recipient's final tax liability, when the withholding is made in advance. It may be refunded if it is determined, when a tax return is filed, that the recipient's tax liability is less than the tax withheld, or additional tax may be due if it is determined that the recipient's tax liability is more than the tax withheld. In some cases, the withheld tax is treated as discharging the recipient's tax liability, and no tax return or additional tax is required. Such withholding is known as final withholding.
The amount of tax withheld on income payments other than employment income is usually a fixed percentage. In the case of employment income, the amount of withheld tax is often based on an estimate of the employee's final tax liability, determined either by the employee or by the government.
Basics
Some governments [who?] have written laws that require taxes to be paid before the money can be spent for any other purpose. This ensures the taxes will be paid first and will be paid on time, rather than risk the possibility that the tax-payer might default at the time when tax falls due in arrears.
Typically, withholding is required to be done by the employer of someone else, taking the tax payment funds out of the employee or contractor's salary or wages. The withheld taxes are then paid by the employer to the government body that requires payment, and applied to the account of the employee, if applicable. The employee may also be required by the government to file a tax return self-assessing one's tax and reporting withheld payments.
Most developed countries operate a wage withholding tax system. In some countries, subnational governments require wage withholding so that both national and subnational taxes may be withheld. In the U.S.,[1]Canada,[2] and others, the federal and most state or provincial governments, as well as some local governments, require such withholding for income taxes on payments by employers to employees. Income tax for the individual for the year is generally determined upon filing a tax return after the end of the year.
The amount withheld and paid by the employer to the government is applied as a prepayment of income taxes and is refundable if it exceeds the income tax liability determined on filing the tax return. In such systems, the employee generally must make a representation to the employer regarding factors that would influence the amount withheld.[3] Generally, the tax authorities publish guidelines for employers to use in determining the amount of income tax to withhold from wages.
The United Kingdom[4] and certain other jurisdictions operate a withholding tax system known as pay-as-you-earn (PAYE), although the term "withholding tax" is not commonly used in the UK. Unlike many other withholding tax systems, PAYE systems generally aim to collect all of an employee's tax liability through the withholding tax system, making an end of year tax return redundant. However, taxpayers with more complicated tax affairs must file tax returns.
Australia operates a pay-as-you-go (PAYG) system, which is similar to PAYE. The system applies only at the federal level, as the individual states do not collect income taxes.[5]
Other domestic withholding
Some systems require that income taxes be withheld from certain payments other than wages made to domestic persons. Ireland requires withholding of tax on payments of interest on deposits by banks and building societies to individuals.[6] The U.S. requires payers of dividends, interest, and other "reportable payments" to individuals to withhold tax on such payments in certain circumstances.[7]Australia requires payers of interest, dividends and other payments to withhold an amount when the payee does not provide a tax file number or Australian Business Number to the payer. India enforces withholding tax also on payments between companies and not just from companies to individuals, under the Tax Deducted at Source (TDS) system. (Since April 2016, the United Kingdom has discontinued withholding tax on interest and dividends, though in some cases this income will become liable for taxation through other means).[8]Rwanda charges withholding tax on business payments unless the paying company obtains proof that the recipient is registered with the tax administration and that they have a recent income tax declaration.[9]
Social insurance taxes (social security)
Many countries (and/or subdivisions thereof) have social insurance systems that require payment of taxes for retirement annuities and medical coverage for retirees. Most such systems require that employers pay a tax to cover such benefits.[10] Some systems also require that employees pay such taxes.[11]
Where the employees are required to pay the tax, it is generally withheld from the payment of wages and paid by the employer to the government. Social insurance tax rates may be different for employers than for employees. Most systems provide an upper limit on the amount of wages subject to social insurance taxes.[12]
International withholding
Europe map of the withholding tax rate (2023 data, from TradingEconomics).
Most countries require payers of interest, dividends and royalties to non-resident payees (generally, if a non-domestic postal address is in the payer's records) withhold from such payment an amount at a specific rate.[13] Payments of rent may also be subject to withholding tax or may be taxed as business income.[14] The amounts may vary by type of income. A few jurisdictions treat fees paid for technical consulting services as royalties subject to withholding of tax.[citation needed] Income tax treaties may reduce the amount of tax for particular types of income paid from one country to residents of the other country.
Some countries require withholding by the purchaser of real property. The U.S. imposes a 15% withholding tax on the amount realized in connection with the sale of a U.S. real property interest unless advance IRS approval is obtained for a lower rate.[15] Canada imposes similar rules for 25% withholding, and withholding on sale of business real property is 50% of the price but may be reduced on application.
The European Union has issued directives prohibiting taxation on companies by one member state of dividends from subsidiaries in other member state,[16] except in some cases,[17] interest on debt obligations, or royalties[18] received by a resident of another member nation.
Procedures vary for obtaining reduced withholding tax under income tax treaties. Procedures for recovery of excess amounts withheld vary by jurisdiction. In some, recovery is made by filing a tax return for the year in which the income was received. Time limits for recovery vary greatly.
Taxes withheld may be eligible for a foreign tax credit in the payee's home country.
Remittance to tax authorities
Most withholding tax systems require withheld taxes to be remitted to tax authorities within specified time limits, which time limits may vary with the withheld amount. Remittance by electronic funds transfer may be required[19] or preferred.
Penalties for delay or failure to remit withheld taxes to tax authorities can be severe.[20] The sums withheld by a business is regarded as a debt to the tax authority, so that on bankruptcy of the business the tax authority stands as an unsecured creditor; however, sometimes the tax authority has legislative priority over other creditors.
Reporting
Nearly all systems imposing withholding tax requirements also require reporting of amounts withheld in a specified manner. Copies of such reporting are usually required to be provided to both the person on whom the tax is imposed and to the levying government.[21] Reporting is generally required annually for amounts withheld with respect to wages. Reporting requirements for other payments vary, with some jurisdictions requiring annual reporting and others requiring reporting within a specified period after the withholding occurs.
History
Tax withholding has a historical origin dating back to 1862 in the United States, initiated by President Abraham Lincoln during the Civil War era to aid in financing the war efforts. Concurrently, excise taxes were also introduced by the federal government for the same purpose. However, following the conclusion of the Civil War in 1872, both tax withholding and income tax were abolished.
The modern system of tax withholding, as we know it today, was established in 1943, accompanied by a significant tax increase. This decision was motivated by the belief that collecting taxes directly from the source would streamline the process. Upon employment, most workers undergo tax withholding, facilitated by the completion of a W-4 Form, which estimates their future tax liabilities.
Within the realm of payroll taxes, withholding tax represents one of two primary categories. The counterpart, paid by the employer to the government, is calculated based on individual employees' wages. This latter tax contributes to funding various social programs, including Social Security and federal unemployment benefits (since the enactment of the Social Security Act in 1935), as well as Medicare (since 1966).[22]
U.S. Resident
The primary form of withholding tax discussed is the one applicable to personal income of U.S. residents, a mandatory requirement for all employers across the nation. In the prevailing system, employers collect this withholding tax and transmit it directly to the government, while individuals settle any remaining tax liabilities upon filing their tax returns in April each year.
A surplus in withheld tax leads to a tax refund, whereas insufficient withholding results in tax debt owed to the IRS. Ideally, individuals aim for approximately 90% of their estimated income taxes to be withheld and forwarded to the government. This practice safeguards against falling into arrears on income taxes, which could incur hefty penalties, while ensuring one isn't overtaxed throughout the year.
Investors and independent contractors are exceptions to withholding taxes, although they remain subject to income tax obligations and are required to make quarterly estimated tax payments. Failure to keep up with these payments can trigger backup withholding, imposing a higher tax rate of 24%.
To facilitate tax planning, the IRS provides a tax withholding estimator for individuals to conduct a paycheck checkup. This tool assists in determining the correct amount of tax to be withheld from each paycheck, thereby averting potential tax dues in April. Utilizing the estimator necessitates providing details such as recent pay stubs, income tax returns, estimated current-year income, and other relevant information.[23]
Nonresident
The alternative category of withholding tax pertains to nonresident aliens, ensuring proper taxation on income derived from within the United States. A nonresident alien is defined as an individual who is foreign-born and has not met the criteria of either the green card test or a substantial presence test.
Nonresident aliens engaged in a trade or business within the United States during the fiscal year are obligated to file Form 1040NR. For those falling under this classification, the IRS provides standard deduction and exemption tables to aid in determining tax liabilities and potential deductions.
Furthermore, the presence of a tax treaty between an individual's home country and the United States can influence the withholding tax obligations. Understanding the terms outlined in such agreements is integral to navigating the taxation process for nonresident aliens.[23]
Czech Republic
Tax withholding, plays a crucial role in the Czech Republic's taxation system, ensuring a steady stream of revenue for the government while easing the burden on taxpayers. This mechanism obliges employers to deduct a portion of their employees' earnings and remit it directly to the tax authorities on their behalf. Here, we delve into the nuances of tax withholding in the Czech Republic, exploring its implementation, implications, and significance.
Implementation and process
In the Czech Republic, tax withholding primarily applies to income tax, which encompasses various sources of income, including wages, salaries, bonuses, and other forms of compensation. Employers are responsible for deducting the applicable income tax from their employees' earnings each pay period.
The process begins with the completion of a tax registration form by the employee, providing essential information such as their personal identification number (rodné číslo) and tax residency status. Based on this information, the employer calculates the amount of tax to be withheld using the official tax tables provided by the Czech tax authorities.[24]
Tax rates and thresholds
The Czech Republic employs a progressive tax system, meaning that the tax rate increases with the individual's income. As of the latest available information, the country has several income tax brackets, with rates ranging from 15% to 23%.
For example, as of the tax year 2022, the first tax bracket applies to income up to 48,840 CZK per month, with a tax rate of 15%. Income exceeding this threshold is subject to higher tax rates, gradually increasing up to 23% for amounts exceeding 132,119 CZK per month.
Implications for employees
For employees, tax withholding serves as a convenient method of meeting their tax obligations gradually throughout the year, rather than facing a significant tax burden at year-end. It provides predictability and stability in financial planning, as employees can anticipate their net earnings with greater certainty.
Moreover, tax withholding minimizes the risk of non-compliance and potential penalties, as the responsibility for accurate tax deduction lies with the employer. This ensures greater tax compliance and contributes to the overall integrity of the tax system.
Employer obligations and compliance
Employers in the Czech Republic have a legal obligation to withhold the correct amount of tax from their employees' earnings and remit it to the tax authorities within specified deadlines. Failure to comply with these obligations can result in penalties and legal consequences for the employer.
To ensure compliance, employers must stay abreast of changes to tax laws and regulations, including updates to tax rates, thresholds, and deduction allowances. Additionally, maintaining accurate payroll records and documentation is essential to demonstrate compliance during tax audits or inspections.
Conclusion
Tax withholding in the Czech Republic is a fundamental component of the country's taxation framework, facilitating the collection of income tax while providing employees with a systematic means of meeting their tax obligations. By streamlining the taxation process and promoting compliance, tax withholding contributes to the stability and efficiency of the Czech tax system, ultimately supporting the country's fiscal health and economic development.
Psychological impact
Tax withholding, though primarily a mechanism for revenue collection, exerts a profound psychological influence on individuals' perceptions of taxation and financial well-being. By deducting taxes directly from income, tax withholding subtly shapes attitudes, behaviors, and emotions related to taxation.[25]
Perception of taxation
Tax withholding alters the way individuals perceive taxation by making the process less conspicuous and immediate. Unlike traditional tax payment methods where individuals write checks or transfer funds to the government, withholding taxes from paychecks renders the tax burden less salient. This "out of sight, out of mind" effect can lead to a perception of lower tax liability and may reduce feelings of resentment or resistance towards taxation.
Mental accounting
Tax withholding influences how individuals mentally account for their income and expenses. The automatic deduction of taxes from paychecks partitions income into "net" and "gross" categories, framing net income as the primary reference point for financial decision-making. This mental accounting phenomenon can impact budgeting, savings, and spending habits, as individuals prioritize their disposable income while discounting the portion withheld for taxes.
Timing of gratification
Tax withholding can affect individuals' preferences for immediate gratification versus delayed rewards. By reducing the amount of income available for discretionary spending upfront, tax withholding promotes a mindset of delayed gratification. This psychological shift may encourage savings behaviors and long-term financial planning as individuals prioritize future financial security over immediate consumption.
Psychological salience
The psychological salience of tax withholding influences how individuals perceive the impact of taxation on their financial well-being. While the gradual reduction of income through withholding may lessen the immediate sting of taxation, it also obscures the total amount of taxes paid over time. This lack of transparency can contribute to a disconnect between individuals' perceived tax burden and their actual tax obligations, potentially leading to misconceptions or underestimations of tax liabilities.
The United States has separate federal, state, and local governments with taxes imposed at each of these levels. Taxes are levied on income, payroll, property, sales, capital gains, dividends, imports, estates and gifts, as well as various fees. In 2020, taxes collected by federal, state, and local governments amounted to 25.5% of GDP, below the OECD average of 33.5% of GDP.
An income tax is a tax imposed on individuals or entities (taxpayers) in respect of the income or profits earned by them. Income tax generally is computed as the product of a tax rate times the taxable income. Taxation rates may vary by type or characteristics of the taxpayer and the type of income.
A pay-as-you-earn tax (PAYE), or pay-as-you-go (PAYG) in Australia, is a withholding of taxes on income payments to employees. Amounts withheld are treated as advance payments of income tax due. They are refundable to the extent they exceed tax as determined on tax returns. PAYE may include withholding the employee portion of insurance contributions or similar social benefit taxes. In most countries, they are determined by employers but subject to government review. PAYE is deducted from each paycheck by the employer and must be remitted promptly to the government. Most countries refer to income tax withholding by other terms, including pay-as-you-go tax.
Payroll taxes are taxes imposed on employers or employees, and are usually calculated as a percentage of the salaries that employers pay their employees. By law, some payroll taxes are the responsibility of the employee and others fall on the employer, but almost all economists agree that the true economic incidence of a payroll tax is unaffected by this distinction, and falls largely or entirely on workers in the form of lower wages. Because payroll taxes fall exclusively on wages and not on returns to financial or physical investments, payroll taxes may contribute to underinvestment in human capital, such as higher education.
A tax file number (TFN) is a unique identifier issued by the Australian Taxation Office (ATO) to each taxpaying entity—an individual, company, superannuation fund, partnership, or trust. Not all individuals have a TFN, and a business has both a TFN and an Australian Business Number (ABN). If a business earns income as part of carrying on its business, it may quote its ABN instead of its TFN.
A corporate tax, also called corporation tax or company tax, is a type of direct tax levied on the income or capital of corporations and other similar legal entities. The tax is usually imposed at the national level, but it may also be imposed at state or local levels in some countries. Corporate taxes may be referred to as income tax or capital tax, depending on the nature of the tax.
Three key types of withholding tax are imposed at various levels in the United States:
Form 1099 is one of several IRS tax forms used in the United States to prepare and file an information return to report various types of income other than wages, salaries, and tips. The term information return is used in contrast to the term tax return although the latter term is sometimes used colloquially to describe both kinds of returns.
The United States federal government and most state governments impose an income tax. They are determined by applying a tax rate, which may increase as income increases, to taxable income, which is the total income less allowable deductions. Income is broadly defined. Individuals and corporations are directly taxable, and estates and trusts may be taxable on undistributed income. Partnerships are not taxed, but their partners are taxed on their shares of partnership income. Residents and citizens are taxed on worldwide income, while nonresidents are taxed only on income within the jurisdiction. Several types of credits reduce tax, and some types of credits may exceed tax before credits. Most business expenses are deductible. Individuals may deduct certain personal expenses, including home mortgage interest, state taxes, contributions to charity, and some other items. Some deductions are subject to limits, and an Alternative Minimum Tax (AMT) applies at the federal and some state levels.
Income tax in Australia is imposed by the federal government on the taxable income of individuals and corporations. State governments have not imposed income taxes since World War II. On individuals, income tax is levied at progressive rates, and at one of two rates for corporations. The income of partnerships and trusts is not taxed directly, but is taxed on its distribution to the partners or beneficiaries. Income tax is the most important source of revenue for government within the Australian taxation system. Income tax is collected on behalf of the federal government by the Australian Taxation Office.
Taxes in New Zealand are collected at a national level by the Inland Revenue Department (IRD) on behalf of the New Zealand Government. National taxes are levied on personal and business income, and on the supply of goods and services. Capital gains tax applies in limited situations, such as the sale of some rental properties within 10 years of purchase. Some "gains" such as profits on the sale of patent rights are deemed to be income – income tax does apply to property transactions in certain circumstances, particularly speculation. There are currently no land taxes, but local property taxes (rates) are managed and collected by local authorities. Some goods and services carry a specific tax, referred to as an excise or a duty, such as alcohol excise or gaming duty. These are collected by a range of government agencies such as the New Zealand Customs Service. There is no social security (payroll) tax.
Tax deduction at source (TDS) is an Indian withholding tax that is a means of collecting tax on income, dividends, or asset sales by requiring the payer to deduct tax due before paying the balance to the payee.
Taxpayers in the United States may face various penalties for failures related to Federal, state, and local tax matters. The Internal Revenue Service (IRS) is primarily responsible for charging these penalties at the Federal level. The IRS can assert only those penalties specified imposed under Federal tax law. State and local rules vary widely, are administered by state and local authorities, and are not discussed herein.
In tax administration in the United States, backup withholding is the sending of a portion of a payment to a tax authority instead of to the payee. This applies to the US IRS and the tax authorities of some states. For the IRS, it applies to some payments reported on Form 1099 which must be submitted to the IRS by financial institutions and businesses making certain income payments. Factors that necessitate backup withholding include:
Incorrect taxpayer identification number (TIN)/ITIN/ATIN on Form W-9
An IRS backup withholding order
Certain types of payments
The United States Internal Revenue Service (IRS) uses forms for taxpayers and tax-exempt organizations to report financial information, such as to report income, calculate taxes to be paid to the federal government, and disclose other information as required by the Internal Revenue Code (IRC). There are over 800 various forms and schedules. Other tax forms in the United States are filed with state and local governments.
Corporate tax is imposed in the United States at the federal, most state, and some local levels on the income of entities treated for tax purposes as corporations. Since January 1, 2018, the nominal federal corporate tax rate in the United States of America is a flat 21% following the passage of the Tax Cuts and Jobs Act of 2017. State and local taxes and rules vary by jurisdiction, though many are based on federal concepts and definitions. Taxable income may differ from book income both as to timing of income and tax deductions and as to what is taxable. The corporate Alternative Minimum Tax was also eliminated by the 2017 reform, but some states have alternative taxes. Like individuals, corporations must file tax returns every year. They must make quarterly estimated tax payments. Groups of corporations controlled by the same owners may file a consolidated return.
Taxes in Germany are levied at various government levels: the federal government, the 16 states (Länder), and numerous municipalities (Städte/Gemeinden). The structured tax system has evolved significantly, since the reunification of Germany in 1990 and the integration within the European Union, which has influenced tax policies. Today, income tax and Value-Added Tax (VAT) are the primary sources of tax revenue. These taxes reflect Germany's commitment to a balanced approach between direct and indirect taxation, essential for funding extensive social welfare programs and public infrastructure. The modern German tax system accentuate on fairness and efficiency, adapting to global economic trends and domestic fiscal needs.
Taxation in Estonia consists of state and local taxes. A relatively high proportion of government revenue comes from consumption taxes whilst revenue from capital taxes is one of the lowest in the European Union.
In the United States, Form 1099-MISC is a variant of Form 1099 used to report miscellaneous income. One notable use of Form 1099-MISC was to report amounts paid by a business to a non-corporate US resident independent contractor for services, but starting tax year 2020, this use was moved to the separate Form 1099-NEC. The ubiquity of the form has also led to use of the phrase "1099 workers" or "the 1099 economy" to refer to the independent contractors themselves. Other uses of Form 1099-MISC include rental income, royalties, and Native American gaming profits.
Forms 1042, 1042-S and 1042-T are United States Internal Revenue Service tax forms dealing with payments to foreign persons, including nonresident aliens, foreign partnerships, foreign corporations, foreign estates, and foreign trusts.
↑ 26 USC 3406, Backup Withholding. Withholding applies to individuals who have not provided the payee a tax identification number or failed to certify that they are is subject to backup withholding or with respect to whom the IRS has notified the payee that backup withholding applies. The rate of withholding tax is the fourth lowest rate of tax for individuals.
↑ These limits may vary by country and year. For 2009, the U.S. income limit on the retirement portion (6.2%) of social security tax was $106,800, versus $102,000 for 2008, and there was no limit on the medicare portion (1.45%) of the tax; see Publication 15, supra. Canadian wages subject to Canada Pension Plan were limited to $46,390 of the excess over $3,500 for 2009, at a tax rate of 4.95%; see Publication T4001, supra. UK National Insurance contributions are due for earnings above the Earnings Threshold (£110 weekly) up to a limit that varies depending on other coverage.
↑ For example, U.S. rules provide that rentals that rise to the level of a trade or business are not subject to withholding taxes, but other rental income may be subject to 30% withholding tax. An election may be available under 26 USC 871(d) or an applicable tax treaty.
↑ The U.S. requires remittance electronically within no later than the following business day when the balance of unremitted amounts exceeds $100,000, and other thresholds apply; see IRS Publication 15, supra, p. 23. Canada requires remittance within three business days of the end of the quarter-monthly period in which withholding occurs for Threshold 2 remitters; see CRA Publication T-4001, supra., p. 3.
↑ Penalties of up to 100% may be assessed against a withholding agent under 26 USC 6672 for intentional failure to withhold and remit. The penalty may be assessed against any person, including a corporate officer or employee, having custody or control of the funds.
↑ See, for example, IRS Form W-2 and CRA Form T4 with respect to employees, and IRS Form 1042 and CRA Form NR4 with respect to payments to foreign persons.
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