The
Federal government mandates that all states allow
501(c)3 nonprofit organizations and governmental
entities to opt out of paying the SUI tax and
reimburse directly. The following explains in
further detail:
The
Method the States are required to use in Coverage
“.06 Nonprofit organizations.–IRC
Sec. 3304(a)(6)(B) provides, as a condition for
approval of state laws (see .05 above), that the
states must permit the nonprofit organizations
required to be covered under IRC Sec. 3309 to
contribute state unemployment taxes under a special
method. Under IRC Sec. 3309(a)(2) the states are
required to provide nonprofit organizations, or
groups of such organizations, with the option
of reimbursing the state for unemployment compensation
payments attributable to service with the organization(s)
in lieu of paying contributions under the normal
tax provisions of the state law. This includes
nonprofit elementary and secondary schools from
1978. In effect, the nonprofit organizations are
allowed to adopt a form of self-insurance. Under
the reimbursement method of financing, a nonprofit
organization whose workers experience no compensated
unemployment in a year will have no unemployment
insurance costs for that year.”
Source: IC Unemployment Insurance
Reporter (CCH) ¦20,271
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