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Government Vendors Beware!!! New Law Goes Into Effect 1/1/2011
The Federal Register ^ | 12/5/2008 | Internal Revenue Service

Posted on 12/04/2009 7:39:11 AM PST by Night Hides Not

Government contractors are going to receive a nasty surprise on payments received in 13 months: their payments for goods and services provided will be reduced by 3%, thanks to:

IRC SECTION 3402(t), "Required Withholding on Government Payments". That's right, folks. It's not bad enough that vendors have to wait from 30-60 days (or more) to be paid, but their cash flow will be further reduced as the feds want to retain 3% for income taxes. This will simply add more costs and more burdens to businesses throughout the nation.

Basically, any federal, state, or local government agency or entity that makes annual payments of more than $100 million will be subject to this new law. IOW, they're assuming more of the tax collecting role for the federal government, and another unfunded mandate.

Unless I am wrong, there has been no discussion of this, and the public comment period ended last March.


TOPICS: Announcements; Business/Economy; Government
KEYWORDS: federal; taxes; unfundedmandates
When I first heard about this, I just knew this had to be Obama's doing. Guess what? It was promulgated under PL 109-222, aka "Tax Increase Prevention and Reconciliation Act of 2005".

Thank you RINOs, thank you Dubya! ARRRGGGGHHHH!!!

1 posted on 12/04/2009 7:39:11 AM PST by Night Hides Not
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To: Night Hides Not

This entire government has gone rogue and criminal.


2 posted on 12/04/2009 7:43:54 AM PST by WKUHilltopper (Fix bayonets!)
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To: WKUHilltopper
Your tagline is spot on! Time to fix bayonets and march on Washington.

If there is to be a third party, may I suggest that it be called the "Rogue Party".

3 posted on 12/04/2009 7:45:32 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: Night Hides Not

The financial rape of the middle class continues........


4 posted on 12/04/2009 7:53:00 AM PST by stephenjohnbanker (Support our troops, and vote out the RINO's!)
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To: Night Hides Not

H.R.275
Title: To repeal the imposition of 3 percent withholding on certain payments made to vendors by government entities.

Latest Major Action: 1/7/2009 Referred to House committee.

Status: Referred to the House Committee on Ways and Means.


S.292
Title: A bill to repeal the imposition of withholding on certain payments made to vendors by government entities.

Latest Major Action: 1/21/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Finance.


5 posted on 12/04/2009 8:18:14 AM PST by luckybogey
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To: Night Hides Not

grab your history books now and start studying-up on Andrew Jackson, because that is what is going to be required


6 posted on 12/04/2009 8:37:08 AM PST by Buckeye McFrog
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To: Night Hides Not

Link does not exist.


7 posted on 12/04/2009 8:37:31 AM PST by Real Cynic No More (The only thing standing between us and complete victory over the evildoers is POLITICS!)
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To: luckybogey
Thanks for the news, but I'll bet it's still in Committee. I've got a phone interview next week with a company affiliated with the federal government. It's for a year long contract to set up their system to comply with this law.

My prediction? It will languish in committee, and be repealed before the mid-term elections (after the word really gets out), thus ending the "year-long" contract at the six month mark, or less.

You've helped me with my decision. I've been offered a two year contract at another employer, albeit at less money (i.e. bird in the hand). I'll still do the interview, but I'm going to ask them what they know about the prospects for repeal.

8 posted on 12/04/2009 8:39:23 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: Real Cynic No More; Admin Moderator
I'm a bit html challenged on links...try this one.

http://www.irs.gov/taxpros/article/0,,id=214456,00.html

My apologies.

9 posted on 12/04/2009 8:43:36 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: Real Cynic No More; Admin Moderator
IRC 3402(t), proposed regulations.

Hope this helps/is what you're looking for.

10 posted on 12/04/2009 8:58:10 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: Night Hides Not

I guess I can understand that a company would need to hire IT folks to make this change in their internal AR/AP system.

I would assume SAP, Oracle, etc., would do this automatically for their private and gov’t customers.

The biggest issue that I see is for a government entity (i.e. local, city, state and fed) to change their payment system to withhold the additional 3%?

The other big issue would be subcontractors? There appears to be disagreement if this applies to subs and the conflict with the prompt payment act?

Not sure but will look into. Thanks for the post.


11 posted on 12/04/2009 9:04:03 AM PST by luckybogey
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To: luckybogey
The other big issue would be subcontractors? There appears to be disagreement if this applies to subs and the conflict with the prompt payment act?

Subs are exempt from withholding.

From the accounting end, it's going to be a major pain, as the regs call for a two-year lookback period to determine which payments the agency will need to withhold.

BTW, that two-year contract (from a different employer) is looking really good at this point. Not that I don't like a challenge, but these new regs are just other obstacles for companies to navigate.

12 posted on 12/04/2009 9:13:05 AM PST by Night Hides Not (If Dick Cheney = Darth Vader, then Joe Biden = Dark Helmet)
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To: Night Hides Not

Well, at least we know inflation will be from 4-5% the instant this goes into effect.


13 posted on 12/04/2009 10:02:27 AM PST by yefragetuwrabrumuy
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