SECTIONS 13040-13043 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 13040-13043

13040. (a) An employer shall use the exemption certificate filed by
the employee with the employer in such form and containing such
information as the department may prescribe, for determining the
number of withholding exemptions to be allowed in computing the tax
required to be deducted and withheld under Section 13020. However, if
the employer cannot determine the employee's marital status from the
exemption certificate the employee shall be considered unmarried.
(b) No withholding exemptions shall be allowed until the employee
files a new withholding exemption certificate if the department finds
that the withholding exemption certificate filed under this division
does not properly reflect the number of exemptions allowable and so
advises the employer in writing.

13041. The number and amount of withholding exemptions allowed
shall be based upon the persons claimed in a withholding exemption
certificate in effect under Section 13040, except that if no such
certificate is in effect, the number of withholding exemptions
claimed shall be considered to be zero.

13042. A new withholding exemption certificate filed under this
division in cases in which a previous certificate was in effect shall
take effect with respect to the first payment of wages made on or
after the first status determination date which occurs at least 30
days from the date on which such certificate is so furnished, except
that at the election of the employer such certificate may be made
effective with respect to any payment of wages made on or after the
date on which such certificate is so furnished.
For purposes of this section, "status determination date," means
January 1, May 1, July 1, and October 1, of each year.

13043. (a) The amount to be deducted and withheld under this
division shall be prescribed pursuant to Section 18663 of the Revenue
and Taxation Code when a payment of wages is made to an employee by
an employer in any of the following cases:
(1) With respect to a payroll period or other period, any part of
which is included in a payroll period or other period with respect to
which wages are also paid to the employee by the employer.
(2) Without regard to any payroll period or other period, but on
or prior to the expiration of a payroll period or other period with
respect to which wages are also paid to the employee by the employer.
(3) With respect to a period beginning in one and ending in
another calendar year.
(4) Through an agent, fiduciary, or other person who also has the
control, receipt, custody, or disposal of, or pays, the wages payable
by another employer to the employee.
(b) For purposes of this section, an employee's remuneration may
consist of wages paid for a payroll period and supplemental wages.
Supplemental wages include, but are not limited to, bonus
payments, overtime payments, commissions, sales awards, back pay
including retroactive wage increases, and reimbursements for
nondeductible moving expenses that are paid for the same or different
period, or without regard to a particular period.
(c) When any supplemental wages are paid subsequent to the payment
of regular wages, the employer may determine the personal income tax
to be withheld from supplemental wages paid by (1) using a flat
percentage rate pursuant to subdivision (b) of Section 18663 of the
Revenue and Taxation Code without allowance for exemptions and
credits and without reference to any regular payment of wages, or (2)
adding the supplemental wages to the regular wages paid the employee
and computing the personal income tax to be withheld on the whole
amount (the computed tax minus the tax withheld from the regular
wages shall be withheld from the supplemental wages). Where
supplemental wages are paid at the same time as regular wages, the
personal income tax to be withheld shall be computed on the total of
the supplemental and regular wages and shall be determined as if the
total of the supplemental wages and the regular wages constituted a
single wage payment for the regular payroll period.
(d) For stock options and bonus payments that constitute wages
paid on or after January 1, 2002, the employer may determine the
personal income tax to be withheld from the stock options and bonus
payments paid by either (1) using a flat percentage rate pursuant to
subdivision (c) of Section 18663 of the Revenue and Taxation Code,
without allowance for exemptions and credits and without reference to
any regular payment of wages, or (2) adding the stock options and
bonus payments to the regular wages paid the employee and computing
the personal income tax to be withheld on the whole amount (the
computed tax minus the tax withheld from the regular wages shall be
withheld from the stock options and bonus payments). Where the stock
options and bonus payments are paid at the same time as regular
wages, the personal income tax to be withheld shall be computed on
the total of the stock options and bonus payments and regular wages,
and shall be determined as if the total of the stock options and
bonus payments and the regular wages constituted a single wage
payment for the regular payroll period.