Indiana Payroll, Unique Aspects of Indiana Payroll Law and Practice

Indiana payroll has some unique aspects and conditions. Some of the details and laws are set forth in this article, including information regarding: tax withholding and reporting; unemployment insurance taxes and reports; wage and hour laws; and child support withholding.

The Indiana State Agency that oversees the collection and reporting of state income taxes deducted from payroll checks is:

revenue Department

Compliance Division

North Central Indiana Government

Indianapolis, IN 46204-2253

(317) 233-4018

http://www.ai.org/dor

Indiana requires that you use the Indiana form “WH-4, Employee’s Withholding Exemption and County Status Certificate” instead of a federal Form W-4 for Indiana state income tax withholding.

Not all states allow salary reductions made under Section 125 or 401(k) cafeteria plans to be treated in the same manner as the IRS code allows. In Indiana, cafeteria plans: are not taxable for income tax purposes; not taxable for unemployment insurance purposes. 401(k) plan deferrals are: not subject to income taxes; taxable for unemployment purposes.

In Indiana, supplemental wages are taxed at a flat rate of 3.4%.

You can file your Indiana W-2 forms magnetically if you wish.

The Indiana State Unemployment Insurance Agency is:

Department of Workforce Development

government center of indiana s.

10 N. Senator Ave., Room 331

Indianapolis, IN 46204-2277

(317) 232-6702

http://www.state.in.us/workcomp/index.html

The state of Indiana taxable wage base for unemployment purposes is wages up to $7,000.00.

Indiana has optional quarterly wage reporting on magnetic media.

Unemployment records must be kept in Indiana for a minimum period of five years. This information generally includes: name; Social Security number; hire, retirement and termination dates; wages per period; payroll periods and payment dates; termination date and circumstances.

The Indiana State Agency charged with enforcing state wage and hour laws is:

work Department

Wage and Hour Division

402 West Washington St., room W195

Indianapolis, IN 46204

(317) 232-2673

http://www.state.in.us/labor/

The minimum wage in Indiana is $5.15 per hour.

The general provision in Indiana regarding overtime pay at an employer not covered by the FLSA is one and one-half times the regular rate after a 40-hour week.

The state of Indiana’s new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the elements required by the federal government of:

  • Name of the employee
  • employee address
  • Employee Social Security Number
  • Name of the employee
  • Employee Address
  • Employer Federal Employer Identification Number (EIN)

This information must be reported within 20 days of hire or rehire.
Information can be submitted as a W-4 or equivalent by mail, fax, or electronically.
There is a $500 fine for a late report in Indiana.

You can contact the Indiana New Hire Reporting Agency by calling 866-879-0198 or 317-612-3028 or on the web at http://www.in-newitze.com.

Indiana does not allow mandatory direct deposit

Indiana requires the following information on an employee’s pay stub:

  • regular time and overtime pay
  • hours worked
  • item deductions
  • Indiana requires that the employee be paid biweekly or biweekly; less frequently for FLSA-exempt employees.

    Indiana requires that the time lapse between the end of the pay period and payment of wages to the employee not exceed ten days.

    Indiana payroll law requires that involuntarily terminated employees be paid their final pay by the next regular payday and voluntarily terminated employees be paid their final pay by the next regular payday.

    The deceased employee’s wages are due when normally due to the surviving spouse; if none, another distribute after the affidavit of right; inheritance not greater than $25,000.

    Reversion laws in Indiana require that unclaimed wages be paid to the state after one year.

    Additionally, Indiana requires the employer to keep a record of wages abandoned and turned over to the state for a period of 10 years.

    Indiana payroll law requires that no more than $3.02 may be used as a tip credit.

    In Indiana, payroll laws covering mandatory breaks or meal breaks state that those under the age of 16 must have 30 minutes during the 3rd through 5th hour of a shift of at least 6 hours.

    There is no provision in Indiana law regarding the retention of wage and hour records, so it is probably wise to follow the FLSA guidelines.

    The Indiana agency charged with enforcing child support laws and orders is:

    Child Support Office

    402 W. Washington St., Room W360

    Indianapolis, IN 46204

    (317) 233-5437

    http://www.in.gov/dcs/support/index.html

    Indiana has the following provisions for child support deductions:

    • When to start withholding? 14 business days after the withholding order is sent to the employer.
    • When to send the payment? payday
    • When to send a termination notice? Within 10 days of termination.
    • Maximum administrative fee? $2 per payment.
    • Retention limits? Federal Rules under CCPA.

    Please note that this article is not updated for changes that may and will occur from time to time.

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