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Payroll North Carolina, Unique Aspects of North Carolina Payroll Law and Practice

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

Department of Revenue
P.O. Box 25000
Raleigh, NC 27640-0640
(919) 733-3991
http://www.dor.state.nc.us/


North Carolina requires that you use North Carolina form "NC-4, Employee's Withholding Allowance Certificate" instead of a Federal W-4 Form for North Carolina State Income Tax Withholding.


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

In North Carolina supplemental wages are taxed at a 6% flat rate.


You must file your North Carolina state W-2s by magnetic media if you are have at least 250 employees and are required to file your federal W-2s by magnetic media.


The North Carolina State Unemployment Insurance Agency is:

Employment Security Commission
700 Wade Ave.
P.O. Box 26504
Raleigh, NC 27611
(919) 733-3121
http://www.ncesc.com/

The State of North Carolina taxable wage base for unemployment purposes is wages up to ,200.00.

North Carolina requires Magnetic media reporting of quarterly wage reporting if the employer has at least 250 employees that they are reporting that quarter.


Unemployment records must be retained in North Carolina for a minimum period of six years. This information generally includes: name; social security number; dates of hire, rehire and termination; wages by period; payroll pay periods and pay dates; date and circumstances of termination.


The North Carolina State Agency charged with enforcing the state wage and hour laws is:

Department of Labor
Labor Standards Bureau
Wage and Hour Office
4 West Edenton St.
Raleigh, NC 27601-1092
(800) 522-6762
www.dol.state.nc.us

The minimum wage in North Carolina is .15 per hour.


The general provision in North Carolina concerning paying overtime in a non-FLSA covered employer is one and one half times regular rate after 40-hour week.


North Carolina State new hire reporting requirements are that every employer must report every new hire and rehire. The employer must report the federally required elements of:

  • Employee's name

  • Employee's address

  • Employee's social security number

  • Employer's name

  • Employers address

  • Employer's Federal Employer Identification Number (EIN)


This information must be reported within 20 days of the hiring or rehiring.
The information can be sent as a W4 or equivalent by mail, fax or electronically.
There is a .00 penalty for a late report and 0 for conspiracy in North Carolina.

The North Carolina new hire-reporting agency can be reached at 888-514-4568 or on the web at www.ncnewhires.com

North Carolina does allow compulsory direct deposit but the employee's choice of financial institution must meet federal Regulation E regarding choice of financial institutions.


North Carolina requires the following information on an employee's pay stub:

  • itemized deductions



  • North Carolina requires that employee be paid no less often than monthly, semimonthly, biweekly, weekly, or daily.


    In North Carolina there are no statutory requirements concerning the lag time between when the services are performed and when the employee must be paid.

    North Carolina payroll law requires that involuntarily terminated employees must be paid their final pay by next regular payday (by mail if employee requests) and that voluntarily terminated employees must be paid their final pay by the next regular payday or by mail if employee requests it.


    There is no provision in North Carolina law concerning paying deceased employees.


    Escheat laws in North Carolina require that unclaimed wages be paid over to the state after two years.

    The employer is further required in North Carolina to keep a record of the wages abandoned and turned over to the state for a period of 10 years.


    North Carolina payroll law mandates no more than .02 may be used as a tip credit.


    In the North Carolina payroll law there is no provision covering required rest or meal periods.

    There is no provision in North Carolina law concerning record retention of wage and hour records therefor it is probably wise to follow FLSA guidelines.

    The North Carolina agency charged with enforcing Child Support Orders and laws is:

    Office of Child Support Enforcement
    Division of Social Services
    Department of Health and Human Services
    100 E. Six Forks Rd.
    Raleigh, NC 27603-1393
    (919) 571-4120
    http://www.dhhs.state.nc.us/

    North Carolina has the following provisions for child support deductions:

    • When to start Withholding? First pay period after 14 days from service.

    • When to send Payment? Within 7 days of Payday.

    • When to send Termination Notice? "Promptly"

    • Maximum Administrative Fee? per payment.

    • Withholding Limits? 40% of disposable earnings for 1 order; 50% if more than 1.





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


    About the Author: Charles J. Read, CPA has been in the payroll, accounting and tax business for 30 years,
    the last fifteen in private practice. Mr. Read is the author of "Tax and Accounting Issues
    in Forming a New Business."

    To find professional payroll services at a budget price go to www.payrollonabudget.com
    a paperless payroll company.

    For a full service payroll bureau with CPA's on staff visit www.CustomPayroll.com .

    See an excerpt of Mr. Read's interviews from William Shatner's "Heartbeat of America"
    television show on the web sites linked above.




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