A Manual for Credit Unions Prepared By Your League
Transcription
A Manual for Credit Unions Prepared By Your League
A Manual for Credit Unions Prepared By Your League Publication No. 285 January 2, 2014 To: All Credit Unions From: Compliance & Regulatory Affairs Subject: 2013 Year-end Reminders Social Security Taxes The wage base for Social Security will increase to $117,000 for 2014. The tax rate will be 7.65% for 2014. The 7.65% tax rate is the combined rate for Social Security and Medicare. The Social Security portion (OASDI) is 6.2% on earnings up to the applicable taxable maximum amount for the Medicare portion (HI) is 1.45% on all earnings. As a result of the enactment of the Patient Protection and Affordable Care Act, on January 1, 2013, the Medicare tax rate increases by 0.9% from 1.45% to 2.35% on wages over $200,000 for single and $250,000 for married filing jointly. Federal Unemployment Tax Rate (FUTA) The FUTA tax rate remains 6.0% for 2013. Use Form 940 to report your annual Federal Tax Act (FUTA) tax. Once the worker’s earnings reach $7,000 during a given year, the employer no longer pays any Federal unemployment tax for that year with respect to that worker. Minimum Wage The Federal Wage and Hour Laws, administered by the Wage and Hour Division of the U.S. Department of Labor’s Employment Standards Administration, establish minimum employment standards including minimum wage. Minimum wage will remain at $7.25 for 2014. Standard Auto Mileage Reimbursement Rate Beginning January 1, 2014, the standard mileage rates for the use of a car (also vans, pickups or pahel trucks) will decrease one-half cent from the 2013 rates to 56 cents per mile for business miles driven. The business mileage rate was 56.5 cents in 2013. HMDA (Home Mortgage Disclosure Act) Reporting Trigger Threshold As of the date of this publication, the Federal Reserve Board had determined that $42 million is the triggering threshold for reporting under Regulation C/Home Mortgage Disclosure Act. CONTINUED Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org COMPLIANCE OPERATIONS MANUAL PUBLICATION NUMBER 285 Mortgage Interest Statement Any credit union member who has paid $600 or more in mortgage interest in 2013 must be sent a Form 1098 Mortgage Interest Statement by January 31, 2014 (Copy B). File Copy A of this form with the IRS by March 1, 2014. If you file electronically, the due date is March 31, 2014. Statements for Recipients of Interest Income Any credit union member who has received $10 or more in dividends in 2013 must be sent a Form 1099INT Statement for Recipients of Interest Income by January 31, 2014 (Copy B). File Copy A of this form with the IRS by February 28, 2014. If you file electronically, the due date is March 31, 2014. IRS Reporting: Reporting of interest paid to nonresident aliens – financial institutions have long been responsible for reporting interest paid to depositors who are either U.S. Citizens or resident aliens. But financial institutions have not been required to report interest paid to nonresident aliens except for those from Canada. As of January 1, 2013, financial institutions will be required to track interest paid to all nonresident aliens from 78 countries specified by the IRS. If the aggregate amount paid in a year is $10.00 or more, then the interest must be reported to the IRS on form 1042-S, and the first report (covering interest paid during 2013) will be due on March 15, 2014. A copy of the 1042-S must be provided to the member. According to the IRS, the 1042-S form can be completed using the information that the member provided on the W-8BEN form, which should already be in the financial institution’s records. The list of 78 countries can be found here: http://www.irs.gov/pub/irs-drop/rp-12-24.pdf. The IRS has said that financial institutions are free to report interest on all nonresident aliens, regardless of their country, if doing so would be easier. Resources: For more information about the new reporting requirement, see the following article from the December 2012 issue of CUNA’s Credit Union Magazine: http://cuna.org/compliance/member/download/comp_mat_2012_12a.pdf. And the following links may also be helpful. 1. 2. 3. 4. 5. IRS interest reporting requirements for nonresident aliens (Final Rule) (4/19/12) List of 78 countries CUNA’s Compliance Report: Guidance on Reporting Interest Paid to Nonresident Aliens CUNA’s e-Guide – IRS Non-Resident Alien Reporting: Form W-8BEN & 1042-S CUNA’s Regulatory Advocacy Final Analysis (5/1/12) S.A.F.E. Act The SAFE Act renewal period, which began November 1st, expired on December 31, 2013. Remember that under the SAFE Act, all credit unions and their MLOs must renew their registration during the annual renewal period each year. If a credit union and its MLOs do not renew their registration, they would be prohibited from originating residential mortgage loans until their status has been reactivated. Go to http://fedregistry.nationwidelicensingsystem.org/Institutions/Pages/Renew.aspx to Renew or Reactivate. CONTINUED PAGE 2 Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org COMPLIANCE OPERATIONS MANUAL PUBLICATION NUMBER 285 Regulation D Reserve Requirements The Federal Reserve Board has amended the reserve requirement ratios for 2013 under Regulation D. Net Transaction Accounts $0 to $13.3 million $13.3 million to $89.0 million Over $89.0 million Non-Personal Time Deposits Reserve Requirement $0 (no reserves) 3 % of amount over $13.3 million $2,271,000 plus 10% of amount over $89.0 million 0% Home Ownership and Equity Protection Act (HOEPA) The CFPB announced its annual adjustment of the dollar amount of points and fees that trigger additional disclosures and prohibitions under the Truth in Lending Act for certain high-cost mortgage loans. The dollar amount will be adjusted from $625 for 2013 to $632 for 2014. The adjustments are required under HOEPA, and the disclosures and prohibitions will apply when total points and fees on such a loan exceed $632 or 8% of the loan amount, whichever is greater. This latest adjustment will be effective as of January 1, 2014. 2014 Holiday Schedule The following is a tentative holiday schedule for the Virginia Credit Union League. For the Federal Reserve and Mid-Atlantic Corporate Federal Credit Union holidays, see the * within the following table. Holiday New Year’s Day Martin Luther King, Jr. Day President’s Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Christmas Day and Date Observed Wednesday, January 1, 2014 Monday, January 20, 2014 Monday, February 17, 2014 Monday, May 26, 2014 Friday, July 4, 2014 Monday, September 1, 2014 Monday, October 13, 2014 Tuesday, November 11, 2014 Thursday, November 27, 2014 and *Friday, November 28, 2014 *Wednesday, December 24, 2014 and Thursday, December 25, 2014 * The Federal Reserve Banks will be open on these dates. CONTINUED PAGE 3 Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org COMPLIANCE OPERATIONS MANUAL PUBLICATION NUMBER 285 1099C - Reminder Do not file form 1099-C when fraudulent debt is cancelled due to identity theft and the debtor is not liable for the debt. Form 1099-C is to be used only for cancellations of debts for which the debtor actually incurred the underlying debt. Reg Z & M Reminder The Consumer Financial Protection Bureau (CFPB) and the Federal Reserve Board (Fed) announced increases in the dollar thresholds in Regulation Z and Regulation M for exempt consumer loans and leases. Effective January 1, 2014, Regulation Z requirements will apply to consumer loans of $53,500 or less and Regulation M requirements will apply to consumer leases of $53,500 or less. However, private education loans and mortgage loans are subject to Truth in Lending Act regardless of the amount of the loan. Federal Benefits Reminder If your member is receiving Social Security, VA or other Federal Benefits by paper check, they are required by the United States Department of the Treasury to switch to electronic payments by March 1, 2013 Bank Secrecy Act Training Credit unions are reminded that Bank Secrecy Act training must be done annually for staff and Boards of Directors. Contact Compliance & Regulatory Affairs if you would like to schedule BSA training. For more information, contact any member of our compliance team at [email protected]. InfoSight We wanted to make sure that you are aware of the new compliance tools that are available through the League. They are bundled together in an online compliance resource known as InfoSight, which is available free to all of your credit union’s employees merely by virtue of your membership in the League. Some of the tools that you’ll find there: • A regularly updated compliance calendar that helps you stay on top of upcoming compliance deadlines and links you to essential information about how to comply; • A compliance manual with detailed and regularly updated summaries of the various compliance issues that credit unions must confront in their daily operations; • A collection of compliance checklists designed to help you spot compliance issues in specific situations, such as when you are reviewing advertisements or considering whether to do business with outside vendors; • A set of model policies that you can use as a starting point for designing your own policies; • A collection of compliance webinars with clear and concise summaries of many of the most important compliance issues of the day; • A regularly published compliance newsletter. There are no limits on how many of your employees can use InfoSight. CONTINUED PAGE 4 Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org COMPLIANCE OPERATIONS MANUAL PUBLICATION NUMBER 285 Schedule of Forms and Reports The following is a listing and description of various forms and reports that credit unions are required to complete and file, and the date by which these forms are due. If you are filing electronically, in most cases you have an additional 30 days from the date the forms are due to the IRS. Online filing of Forms W-2/W-2c and W-3/ W-3c. You may file Forms W-2 and W-3 electronically by visiting SSA’s website at www.socialsecurity.gov/employer, and selecting “Business Services Online (BSO).” There is also a tutorial available at www.socialsecurity.gov/bso/bsowelcome.html and click on tutorial. If you e-file, do not file the same returns using paper forms Form 4501 W-2 W-3 W-4 940 941 945 1096 Due Date 10 Days after election of officials or within 30 days of any change January 31, 2014 (To Employee) February 28, 2014 (To SSA) March 31, 2014 (To SSA Electronic) February 28, 2014 (Paper Forms) March 31, 2014 (To SSA Electronic) February 15, 2014 Description Report of Officials Wage and Tax Statement Transmittal of Income and Tax Statements (Summary of W-2 and W-2P) Employees Withholding Allowance Certification (Ask for new W-4 for exempt employees) January 31, 2014 - However, if you deposited all of your FUTA tax when it Employees Annual Federal Unemployment was due, you have 10 additional calendar (FUTA) Tax Return days (February 10, 2014) Quarterly 1/31, 4/30, 7/31, 10/31 2014 Employers Quarterly Tax Return Previous Year W-4 has expired. Begin withJanuary 31, 2014 If you made deposits on holding for any employee who previously time in full payment of the taxes for the claimed exemption from withholding but year, you may file the return by February has not submitted a new W-4 for the cur10, 2014 rent year Annual Summary and Transmittal of U.S. February 28, 2014 Information Returns CONTINUED PAGE 5 Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org COMPLIANCE OPERATIONS MANUAL 1098 1098-E 1099-INT 1099-C PUBLICATION NUMBER 285 January 31, 2014 (To Borrower) February 28, 2014 (To IRS) March 31, 2014 (To IRS Electronic) January 31, 2014 (To Recipient) February 28, 2014 (To IRS) March 31, 2014 (To IRS Electronic) January 31, 2014 (To Borrower - copy B) February 28, 2014 (To IRS - copy A) March 31, 2014 (To IRS Electronic) January 31, 2014 (To Borrower) February 28, 2014 (To IRS) March 31, 2014 (To IRS Electronic) Mortgage Interest Statement Student Loan Interest Statement Statement for Recipients of Interest Income Cancellation of Debt Reminder: Employers can choose to file Forms 941 instead of Form 944. If you previously were notified to file Form 944, Employer’s Annual Federal Tax Return, but want to file quarterly Forms 941 to report your social security, Medicare and withheld federal income taxes, you must first contact the IRS to request to file Forms 941, rather than Form 944. See Rev. Proc. 2009-51, 2009-45 I.R.B. 625, for the procedures for employers who previously were notified to file Form 944 to request to file Forms 941 instead. Information is available at www.irs.gov/irb/2009-45_IRB/ar12.html Contact Compliance and Regulatory Affairs at 800-768-3344 ext. 610 or [email protected] if you have any additional questions or need more information. PAGE 6 Need further assistance? Contact your League’s Compliance & Regulatory Affairs Team: 800.768.3344 ext. 610 • 434.237.5068 (fax) • [email protected] • www.vacul.org