80 FR 74144 - Notice of Decisions on States' Applications for Relief From Tax Credit Reductions Provided Under Section 3302 of the Federal Unemployment Tax Act (FUTA) Applicable in 2015

DEPARTMENT OF LABOR
Employment and Training Administration

Federal Register Volume 80, Issue 228 (November 27, 2015)

Sections 3302(c)(2)(A) and 3302(d)(3) of the FUTA provide that employers in a State that has an outstanding balance of advances under Title XII of the Social Security Act at the beginning of January 1 of two or more consecutive years are subject to a reduction in credits otherwise available against the FUTA tax for the calendar year in which the most recent such January 1 occurs, if a balance of advances remains at the beginning of November 10 of that year. Further, section 3302(c)(2)(C) of FUTA provides for an additional credit reduction for a year if a State has outstanding advances on five or more consecutive January firsts and has a balance at the beginning of November 10 for such years. Section 3302(c)(2)(C) also provides for waiver of this additional credit reduction and substitution of the credit reduction provided in section 3302(c)(2)(B) if a state meets certain conditions. The States of California, Connecticut, Indiana, Kentucky, New York, North Carolina, Ohio, South Carolina, and the Virgin Islands passed January 1, 2015, with outstanding Title XII advances and were potentially subject to FUTA credit reductions. California, Indiana, Kentucky, Ohio, and the Virgin Islands applied for a waiver of the 2015 additional credit reduction under section 3302(c)(2)(C) of FUTA and it has been determined that each of these States met all of the criteria of that section necessary to qualify for the waiver of the additional credit reduction. Further, the additional credit reduction of section 3302(c)(2)(B) is zero for these States for 2015. Therefore, employers in these States will have no additional credit reduction applied for calendar year 2015. Also, Section 3302(f) of FUTA provides that a State may apply for a cap in the reduction in credit for a year by meeting certain criteria. Kentucky applied for the cap of the 2015 credit reduction under this section. It has been determined that Kentucky met all of the criteria of section 3302(f) and thus qualifies for a cap on the credit reduction. Therefore, Kentucky employers would not be subject to an increase in FUTA credit reductions for calendar year 2015. The States of Indiana, Kentucky, New York, North Carolina, and South Carolina repaid all of their outstanding advance balances before the beginning of November 10, 2015. Therefore, employers in those States will have no reduction in FUTA offset credit for calendar year 2015. California, Ohio, and the Virgin Islands will have a credit reduction of 1.5%, and Connecticut will have a credit reduction of 2.1%, which is the 1.5% plus a 0.6% fifth year add-on amount for calendar year 2015.

[Federal Register Volume 80, Number 228 (Friday, November 27, 2015)]
[Notices]
[Page 74144]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30177]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Decisions on States' Applications for Relief From Tax 
Credit Reductions Provided Under Section 3302 of the Federal 
Unemployment Tax Act (FUTA) Applicable in 2015

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: Sections 3302(c)(2)(A) and 3302(d)(3) of the FUTA provide that 
employers in a State that has an outstanding balance of advances under 
Title XII of the Social Security Act at the beginning of January 1 of 
two or more consecutive years are subject to a reduction in credits 
otherwise available against the FUTA tax for the calendar year in which 
the most recent such January 1 occurs, if a balance of advances remains 
at the beginning of November 10 of that year. Further, section 
3302(c)(2)(C) of FUTA provides for an additional credit reduction for a 
year if a State has outstanding advances on five or more consecutive 
January firsts and has a balance at the beginning of November 10 for 
such years. Section 3302(c)(2)(C) also provides for waiver of this 
additional credit reduction and substitution of the credit reduction 
provided in section 3302(c)(2)(B) if a state meets certain conditions.
    The States of California, Connecticut, Indiana, Kentucky, New York, 
North Carolina, Ohio, South Carolina, and the Virgin Islands passed 
January 1, 2015, with outstanding Title XII advances and were 
potentially subject to FUTA credit reductions.
    California, Indiana, Kentucky, Ohio, and the Virgin Islands applied 
for a waiver of the 2015 additional credit reduction under section 
3302(c)(2)(C) of FUTA and it has been determined that each of these 
States met all of the criteria of that section necessary to qualify for 
the waiver of the additional credit reduction. Further, the additional 
credit reduction of section 3302(c)(2)(B) is zero for these States for 
2015. Therefore, employers in these States will have no additional 
credit reduction applied for calendar year 2015.
    Also, Section 3302(f) of FUTA provides that a State may apply for a 
cap in the reduction in credit for a year by meeting certain criteria. 
Kentucky applied for the cap of the 2015 credit reduction under this 
section. It has been determined that Kentucky met all of the criteria 
of section 3302(f) and thus qualifies for a cap on the credit 
reduction. Therefore, Kentucky employers would not be subject to an 
increase in FUTA credit reductions for calendar year 2015.
    The States of Indiana, Kentucky, New York, North Carolina, and 
South Carolina repaid all of their outstanding advance balances before 
the beginning of November 10, 2015. Therefore, employers in those 
States will have no reduction in FUTA offset credit for calendar year 
2015.
    California, Ohio, and the Virgin Islands will have a credit 
reduction of 1.5%, and Connecticut will have a credit reduction of 
2.1%, which is the 1.5% plus a 0.6% fifth year add-on amount for 
calendar year 2015.

Portia Wu,
Assistant Secretary for Employment and Training.
[FR Doc. 2015-30177 Filed 11-25-15; 8:45 am]
BILLING CODE 4510-FW-P