![]() ![]() ![]() It does not include the District of Columbia, Guam, American Samoa or the Commonwealth of the Northern Mariana Islands. For purposes of a Section 218 Agreement, a state includes the 50 states, Puerto Rico, the Virgin Islands and interstate instrumentalities. Federal employment taxes generally apply to all 50 states, the District of Columbia and all U.S. ![]() Constitution, different definitions of a “state” apply for different legal purposes. State GovernmentĪlthough states are recognized as entities by the U.S. The identity of an entity as a government is based on constitutional, federal, and state law, as well as on court decisions.īelow are the different types of government entities and how each authority is established. ![]() In most cases it is clear that an entity is governmental however, in some cases it may not be immediately clear. Retirement plans must file certain forms and reports with the IRS and the Department of Labor and send out notices to plan participants and certain others. State and local government entities may be covered by Section 218 agreements that affect their social security & Medicare withholding requirements. Government entities may be required to withhold social security and Medicare taxes from employees' wages and pay a matching amount. Federal tax obligationsĪlso known as payroll taxes, government entities must withhold federal income tax from employees' wages. IRC Section 115 excludes from gross income any income derived from the exercise of or administration of any public function. The primary tax difference from other taxpayers is the general exemption from income tax. Many tax laws apply differently to government entities than to other organizations and individuals. Other entities may be recognized as governments by state law, court decision, or an examination of facts and circumstances that indicate it has the characteristics of a government, such as powers of taxation, law enforcement and civil authority. Constitution, treaties, statutes and court decisions. Federally recognized Indian tribal governments are recognized by the U.S. Federal and state governments are established and recognized by the U.S. ![]()
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