In general, any employer who
(a) in any calendar quarter in either the current or preceding calendar year
paid wages for services in employment of $1,500 or more or (b) had in
employment at least one individual for some portion of a day in each of twenty
different weeks, not necessarily consecutive, in either the current or
preceding calendar year becomes liable on the first day of the year or the
first day of business, whichever is earlier. Other conditions of liability
follow.
Federal
Tax Liability
Employers who are liable under
the
Federal Unemployment Tax Act (FUTA) become liable under the Connecticut
Unemployment Compensation Law from the beginning of the calendar year or the
beginning of operations in Connecticut if at least one person is employed in
this state.
An employer becomes federally
liable if, during either the current or preceding calendar year, he (a) paid
wages of $1,500 or more in any calendar quarter or (b) had one or more
employees at any time in each of twenty calendar weeks.
Government sub-divisions and
certain qualified non-profit organizations are not subject to the Federal
Unemployment Tax Act.
Successor
An employer becomes liable
immediately by acquiring substantially all of the assets, organization, trade
or business of another employer who was liable at the time of acquisition. If
the predecessor employer was not liable at the time of acquisition, the number
of weeks he employed one or more persons in the calendar year of acquisition
is counted along with the number of weeks the successor employer employed one
or more persons in the calendar year to arrive at the twenty weeks of
employment to determine liability.
Executors, administrators,
successors or assignees of any former employer acquire the experience of the
predecessor employer with the following exception: The experience of a
predecessor employer who leased the premises and equipment from a third party
and who has not transferred any assets to the successor, shall not be
transferred if there is no common controlling interest in the predecessor and
successor entities.
Agricultural
Effective January 1, 1978, an
employer who has service performed by an individual in agricultural labor is
liable if the service is performed for a person who (a) during any calendar
quarter in either the current or preceding calendar year paid remuneration in
cash of $20,000 or more to individuals employed in agricultural labor, or (b)
employed for some portion of a day in each of twenty different calendar
weeks, not necessarily consecutive, ten or more individuals regardless of
whether they were employed at the same moment in time.
Agricultural coverage under
FUTA is also created by the conditions described above in (a) and (b).
Liability to FUTA creates liability to the Connecticut Law from the beginning
of operations in Connecticut if at least one person is employed in this state.
Aliens admitted to the United
States to perform agricultural services are considered employees.
Domestic Employment
Any person who employs an
individual for domestic service in a private home, college club or chapter of
a college fraternity or sorority and who paid cash remuneration of $1,000 or
more, for any calendar quarter in the current or the preceding calendar year,
to individuals employed in such service, is subject to the provisions of this
law.
Only cash wages are taxable
under Connecticut domestic service coverage. The cash value of other than
cash payments is not taxable. This includes meals, lodging, rent, clothing or
merchandise.
Non-Profit Organizations
Most non‑profit
organizations, even if exempt from income taxes under the Internal Revenue
Code, are subject to the Connecticut Unemployment Compensation Law. If an
organization is
exempt from Federal income tax as provided under
Section 501 (c)(3) of the
Internal Revenue Code, and
has one or more employees for some portion of a day in each of thirteen
different calendar weeks, whether or not consecutive, within either the
current or preceding calendar year.
Section 501 (c)(3) includes any corporation and any Community
Chest fund or foundation organized and operated exclusively for religious,
charitable, scientific, testing for public safety, literary or educational
purposes, or for the prevention of cruelty to children or animals, no part of
net earnings of which inures to the benefit of any private stockholder or
individual, no substantial part of the activities of which is carrying out
propaganda or otherwise attempting to influence legislation and which does not
attempt to participate or intervene in (including the publishing or
distributing of statements) any political campaign.
Such organizations are given
the option of paying unemployment taxes on the wages of covered employees, or
reimbursing the Unemployment Compensation Fund for the amount of benefits paid
to former employees.
All other non‑profit
organizations are considered to be regular employers.
Municipalities, State Government Agencies , and
Federally Recognized Indian Tribes or Tribal Units
These employers are subject to
and shall pay contributions under the same terms and conditions as all other
subject employers, unless they elect to pay into the Unemployment Compensation
Fund amounts equal to the amounts of benefits attributable to service in the
employ of the municipality, State Government agency or Indian tribe.
Such organizations are given
the option of paying unemployment taxes on the wages of covered employees, or
reimbursing the Unemployment Compensation Fund for the amount of benefits paid
to former employees.
Voluntary Acceptance
An employer not liable under
the law may volunteer to accept coverage for all his employees with one
exception. The law prohibits the voluntary coverage of service performed by
an individual in the employ of his son, daughter or spouse and service
performed by children under eighteen years of age in the employ of either or
both parents. A voluntary acceptance form must be submitted in writing and
must include all employees who are eligible for coverage.