What are employer payroll taxes

Understand employer payroll taxes and the complexity of calculating the correct amounts, including contributions to Social Security and Medicare. Learn the importance of accurate payroll tax management to avoid potential penalties.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

Introduction

Did you know that in addition to the tax that is withheld from an employee’s paycheck, employers also have to pay taxes on the wages they pay to their staff? They are called employer payroll taxes. Often, employers have to split the cost of payroll taxes like Medicare and Social Security with their employees. This is what makes payroll so complex because in addition to ensuring everyone gets paid for their work correctly and on time, you need to calculate employer payroll taxes, where amounts vary depending on a number of factors. Here’s everything you need to know about employer payroll taxes.

What Are Employer Payroll Taxes?

Just as employees pay taxes on their wages, employers pay taxes on their employee wages. These are called employer payroll taxes. Some common examples of payroll taxes include:

  • Social Security tax – Half of the total Social Security tax amount (12.4%) is paid by the employer, and the employee pays the other half.
  • Medicare tax – Half of the Medicare tax amount (2.9%) is paid by employers, and the other half is paid by employees. If the employee earns over $200,000 pa, then the employee will only pay an additional 0.9% in Medicare tax.
  • State unemployment tax – In most states it is only the employer who pays the state unemployment tax, and the amounts vary state by state.
  • Federal unemployment tax – Federal unemployment tax will be between 0.6% – 6%, and it is a payroll tax that only the employer pays.

Employer payroll taxes will vary significantly between states, so it’s important to have expert support in your business to ensure you are paying your employer payroll taxes correctly.

How to Calculate Employer Payroll Taxes

Employer payroll taxes are not a flat rate like FICA taxes and other taxes. They are calculated as a percentage of the employee’s income and the income bracket they fall into.

  • Wage adjustment – When filling out the W-4 form, employers may need to complete wage adjustment to ensure that the employee’s additional income (like bonuses or commissions) and deductions are properly listed. This step is vital to ensuring you pay the right amount of employer payroll taxes.
  • Tentative withholding amount – The IRS Publication 15-T provides a wage bracket table that will help you to calculate the tentative withholding amount. You will need the adjusted wage amount and information on the employee’s filing status to do this.
  • Tax credits – Your employees may receive tax credits for dependents, which will change the payroll tax amounts. Their Form W-4 will display the total dependent tax credit amount, which you will subtract from the withholding amount.
  • Additional taxes – There may be additional taxes to withhold depending on your state, the industry, or any number of other factors. These should be entered on Form W-4, Step 4(c).

It can be rather complex to calculate employer payroll taxes and carry heavy penalties if you do it incorrectly.

How to Manage Employer Payroll Taxes

Employers need to calculate both employer payroll taxes and employee payroll taxes so they can withhold the correct amount from the employee’s paychecks. They also need to:

  • Issue W-2 Forms to their employees
  • Issue 1099-MISC forms to their independent contractors
  • File W-3 Forms with the Social Security Administration
  • File 1096 Forms with the IRS

Depending on the business, employer payroll tax amount, and the state, employers may need to file quarterly federal tax returns and make payments. The employer can file Form 944 to if they want to file their employer payroll taxes annually instead of quarterly.

Getting Support with Employer Payroll Taxes

Employer payroll taxes are complex and nuanced, with a lot of variation depending on the income bracket and the state where the business is based. Most businesses seek accounting support or financial experts to ensure that their employer payroll taxes are done correctly. Incorrect payroll taxes can attract large fines and penalties, so it is important to seek out that support if you don’t understand the accounting.

If you don’t have a finance or accounting department, you can work with an accountant who specializes in payroll administration. Alternatively, you could hire a professional employer organization (PEO). Working with a PEO means that while you are the employer in practice, the PEO is the employer for tax purposes and, therefore, handles the employer payroll taxes.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

When Is a Doctor's Note Required for Work

When Is a Doctor’s Note Required for Work?

Employers can request a doctor’s note for extended absences or workplace accommodations but must follow privacy laws and legal restrictions. Employees have rights protecting their medical information, ensuring confidentiality and preventing workplace discrimination related to health-related absences.
What Is Considered Full-Time Employment in California

What Is Considered Full-Time Employment in California?

California does not have a fixed definition of full-time employment, but federal guidelines set thresholds between 30 and 40 hours weekly. Full-time status impacts benefits, overtime eligibility, and legal protections, with employer policies differing based on industry and regulations.
Do Employers Verify Doctor's Notes in California

Do Employers Verify Doctor’s Notes in California?

California employers can verify certain details of a doctor's note but cannot access medical records without consent. Employees have rights under HIPAA, FMLA, and state laws, protecting medical privacy and ensuring job security in specific situations.
How do you properly fire an employee in California

How Do You Properly Fire an Employee in California?

California employers must follow strict legal guidelines when terminating employees to avoid wrongful termination claims and compliance issues. Proper documentation, adherence to state laws, and clear communication help mitigate risks and maintain workplace integrity.
How is overtime calculated in California

How Is Overtime Calculated in California?

California mandates overtime pay at 1.5 times the regular rate for work exceeding eight hours per day or forty per week. Employers must calculate overtime correctly, considering bonuses, multiple pay rates, and employee classifications under state labor laws.
What are common grounds for termination

What Are Common Grounds for Termination?

Termination decisions require careful consideration. This article outlines 25 legitimate reasons for dismissal, addressing ethical, legal, and performance-based concerns while emphasizing workplace integrity and compliance.
Can an employer require a doctor's note for just one day of work

Can an Employer Require a Doctor’s Note for Just One Day of Work?

An employer can request a doctor's note for a single sick day, but policies must comply with labor laws and employee privacy rights. Companies should clearly outline documentation requirements in handbooks, ensuring consistency while avoiding unnecessary medical inquiries.
When should an employer consult an attorney

When Should an Employer Consult an Attorney?

An employment attorney helps businesses comply with labor laws, draft contracts, and resolve workplace disputes. Employers should consult one when facing legal claims, employee conflicts, or compliance concerns.
What is the statute of limitations for PAGA claims

What Is the Statute of Limitations for PAGA Claims?

The statute of limitations for PAGA claims in California is one year from the most recent violation, with a 65-day review period tolling it. Recent reforms clarified that only employees personally affected by violations within the one-year period can file claims on behalf of others.
What is a short script for firing someone

What Is a Short Script for Firing Someone?

A structured termination script ensures a professional, clear, and legally compliant approach to employee dismissals. Proper preparation, direct communication, and empathy help minimize disruptions and potential legal risks.
What Constitutes Wrongful Termination in California

What Constitutes Wrongful Termination in California?

Wrongful termination in California occurs when an employer fires an employee in violation of state laws, contracts, or public policy. Employees may have legal options if dismissed due to discrimination, retaliation, contract breaches, or other unlawful reasons.
What Should Be Included in a Termination Letter in California

What Should Be Included in a Termination Letter in California?

A California termination letter should include the employee’s name, termination date, reason for dismissal, final pay details, and return of company property instructions. It should also mention any applicable severance, benefits continuation, and legal obligations like non-compete or confidentiality agreements.
What Are the Rules for Bereavement Leave in California

What Are the Rules for Bereavement Leave in California?

California law mandates that employers with five or more employees provide eligible workers with five days of bereavement leave. This leave must be used within three months of a family member's passing, with confidentiality and anti-discrimination protections in place.
What Is the Borello Test - Worker Classification and Legal Implications

What Is the Borello Test? Worker Classification and Legal Implications

The Borello test helps businesses in California determine worker classification by assessing multiple factors related to control and independence. Despite the ABC test's implementation, the Borello test remains relevant for specific exemptions and legal considerations in worker status disputes.
How Does an EEOC Complaint Hurt an Employer

How Does an EEOC Complaint Hurt an Employer?

An EEOC complaint can lead to legal costs, reputational damage, and increased scrutiny, even if an employer believes they followed regulations. Mishandling a complaint risks lawsuits, financial penalties, and long-term compliance challenges that impact business operations and workplace morale.
What Is the WARN Act in California

What Is the WARN Act in California?

California’s WARN Act requires employers to give 60 days’ notice before mass layoffs, relocations, or plant closures affecting 50 or more workers. Non-compliance results in penalties, including compensation for lost wages and benefits owed to affected employees.
What is self-employment tax and how is it calculated

What Is Self-Employment Tax and How Is It Calculated?

Self-employment tax covers Social Security and Medicare at 15.3% on net earnings exceeding $400, with deductions reducing taxable income. Payments are made quarterly, and half the tax is deductible, ensuring compliance with IRS regulations.
What Does Per Diem Mean in Employment Terms

What Does Per Diem Mean in Employment Terms?

Per diem employment offers flexibility with daily compensation for temporary or on-demand work, commonly found in healthcare, education, and business travel. Unlike independent contractors, per diem employees receive wages subject to taxes but often lack benefits like health insurance.
How Many Hours Are Considered Part-Time

How Many Hours Are Considered Part-Time?

Part-time jobs generally involve fewer than 35 hours per week, but definitions vary across industries and labor laws. Employers must track work hours to determine eligibility for benefits, overtime pay, and regulatory compliance.
What Does an Employment Litigation Attorney Handle

What Does an Employment Litigation Attorney Handle?

An employment litigation attorney handles workplace disputes, including wrongful termination, discrimination, harassment, and retaliation claims. Legal representation ensures employees and employers navigate complex regulations, resolve conflicts, and protect their rights.
What Is the Medical Pre-Tax Deduction

What Is the Medical Pre-Tax Deduction?

A medical pre-tax deduction allows employees to pay health insurance premiums before taxes, reducing taxable income. Self-employed individuals may deduct premiums if not eligible for employer-sponsored coverage, with additional rules for health savings accounts and itemized medical expenses.

Contact our attorney.

Please tell us your story:

6 + 1 = ?