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The DE 9C form is an essential document for employers in California, serving as the Quarterly Contribution Return and Report of Wages (Continuation). This form plays a crucial role in reporting wages and contributions to the state’s Employment Development Department (EDD). Employers must file the DE 9C along with the DE 9 form, even if there was no payroll during the quarter. Key components of the DE 9C include the reporting of employees’ total subject wages, Personal Income Tax (PIT) wages, and any PIT withheld. Employers need to provide detailed information for each employee, including their Social Security number, name, and wage data, ensuring accuracy and compliance with state regulations. Additionally, if an employer has no payroll for the quarter, they must still complete specific items on the form. The DE 9C also accommodates special reporting for employees covered under a Voluntary Plan for Disability Insurance and for those with exemptions, such as religious exemptions or sole shareholders. Completing this form accurately is not just a legal obligation; it also helps maintain good standing with the state and ensures that employees receive the appropriate benefits. For those who prefer convenience, the EDD offers an online filing option, making the process faster and easier.

De 9C Example

DELINQUENT IF NOT POSTMARKED OR RECEIVED BY

Page number _______ of ______

QUARTER

ENDED

QUARTERLY CONTRIBUTION

 

RETURN AND REPORT OF WAGES

 

(CONTINUATION)

009C0111

REMINDER: File your DE 9 and DE 9C together.

You must FILE this report even if you had no payroll. If you had no payroll, complete Items C and O.

DUE

YRQTR

EMPLOYER ACCOUNT NO.

B.

Check this box if you are reporting ONLY Voluntary Plan Disability Insurance wages on this page.

C.

Report Personal Income Tax (PIT) Wages and PIT Withheld, if appropriate. (See instructions for Item B.)

 

DO NOT ALTER THIS AREA

P1

C

T

S

W

A

 

EFFECTIVE DATE

 

 

 

Mo.

 

Day

Yr.

 

WIC

A.EMPLOYEES full-time and part-time who worked during or received pay subject to UI for the payroll period which includes the 12th of the month.

 

 

 

1st Mo.

 

 

 

 

 

2nd Mo.

 

 

 

3rd Mo.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NO PAYROLL

D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F. TOTAL SUBJECT WAGES

 

 

 

 

 

 

 

 

 

 

 

G. PIT WAGES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F. TOTAL

SUBJECT WAGES

 

 

 

 

 

 

 

 

 

 

 

G. PIT WAGES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

F. TOTAL

SUBJECT WAGES

 

 

 

 

 

 

 

 

 

 

 

G. PIT WAGES

(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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(M.I.) (LAST NAME)

H. PIT WITHHELD

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

F. TOTAL SUBJECT WAGES

G. PIT WAGES

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

F. TOTAL SUBJECT WAGES

G. PIT WAGES

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

F. TOTAL SUBJECT WAGES

G. PIT WAGES

 

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D. SOCIAL SECURITY NUMBER

E. EMPLOYEE NAME (FIRST NAME)

F. TOTAL SUBJECT WAGES

G. PIT WAGES

 

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(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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(M.I.) (LAST NAME)

 

H. PIT WITHHELD

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I. TOTAL SUBJECT WAGES THIS PAGE

J. TOTAL PIT WAGES THIS PAGE

K. TOTAL PIT WITHHELD THIS PAGE

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L. GRAND TOTAL SUBJECT WAGES

M. GRAND TOTAL PIT WAGES

N. GRAND TOTAL PIT WITHHELD

..

O. I declare that the information herein is true and correct to the best of my knowledge and belief.

.

 

Signature Required

Title ___________________________ Phone (

) _____________________ Date _________________________________

 

 

(Owner, Accountant, Preparer, etc.)

 

 

 

 

 

 

MAIL TO: State of California / Employment Development Department / P.O. Box 989071 / West Sacramento CA 95798-9071

 

 

 

 

Fast, Easy, and Convenient!

CU

DE 9C Rev. 1 (1-12) (INTERNET)

Page 1 of 2

 

Visit EDD’s Web site at www.edd.ca.gov

 

 

 

 

 

INSTRUCTIONS FOR COMPLETING THE

QUARTERLY CONTRIBUTION RETURN AND REPORT OF WAGES (CONTINUATION) (DE 9C)

PLEASE TYPE ALL INFORMATION

Did you know you can file this form online using the EDD’s e-Services for Business?

For a faster, easier, and more convenient method of reporting your DE 9C information, visit the EDD’s website at www.edd.ca.gov.

Contact the Taxpayer Assistance Center at (888) 745-3886 (voice) or TTY (800) 547-9565 (non-verbal) for additional forms or inquiries regarding

reporting wages or the subject status of employees. Refer to the California Employer’s Guide (DE 44) for additional information.

Please record information in the spaces provided. If you use a typewriter or printer, ignore the boxes and type in UPPER CASE as shown.

Do not use dollar signs, dashes, commas, or slashes ($ - , /).

EMPLOYEE (FIRST NAME)

M.I.

(LAST NAME)

TOTAL SUBJECT WAGES

IMOGENE

A

SAMPLE

12345.67

If you must hand write this form, print each letter or number in a separate box as shown.

Do not use dollar signs, dashes, commas, decimal points, or slashes ($ - , . /).

EMPLOYEE (FIRST NAME)

M.I. (LAST NAME)

TOTAL SUBJECT WAGES

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

1

 

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Retain a copy of the DE 9C form(s) for your records. If you have more than seven employees, use additional pages or a format approved by the Employment Development Department (EDD). If using more than one page, number the pages consecutively at the top of the form. If the form is not preprinted, enter your account number, business name and address, the year and quarter, and the quarter ended date. For information, specifications, and approvals of alternate forms, contact the Alternate Forms Coordinator at (916) 255-0649.

ITEM A. NUMBER OF EMPLOYEES: Page 1 only: Enter the number of full-time and part-time workers who worked during or received pay subject to Unemployment Insurance for the payroll period which includes the 12th day of the month. Please provide a count for each of the three months.

Blank fields will be identified as missing data.

ITEM B. Check this box ONLY if the employees reported are covered by an employer sponsored Voluntary Plan for the payment of disability benefits. If you also have employees covered under the State Plan for disability benefits, report their wages and withholdings separately on another page of the DE 9C.

WAGES AND WITHHOLDINGS TO REPORT ON A SEPARATE DE 9C

Prepare a DE 9C to report the types of exemptions listed below. All three exemptions can be reported on one DE 9C. Write the exemption title(s) at the top of the form (e.g., SOLE SHAREHOLDER), and report only those individuals under these categories. Report all other employees or individuals without exemptions on a separate

DE 9C.

Religious Exemption: Employees who file and are approved by the EDD for an exemption from State Disability Insurance (SDI) taxes under Section 2902 of the California Unemployment Insurance Code (CUIC).

Sole Shareholder: An individual who elects and is approved by the EDD to be excluded from SDI coverage for benefits and taxes under Section 637.1 of the CUIC.

Third-Party Sick Pay: Recipients exempt from SDI taxes under Section 931.5 of the CUIC. Refer to the California Employer’s Guide (DE 44) for detailed instructions on how to report.

ITEM C. NO PAYROLL: Check this box if you had no payroll this quarter. Please sign and complete the information in Item O.

ITEM D. SOCIAL SECURITY NUMBER (SSN): Enter the SSN of each employee or individual to whom you paid wages in subject employment, paid Personal Income Tax (PIT) wages, and/or from whom you withheld PIT during the quarter. If someone does not have an SSN, report their name, wages, and/or withholdings without the SSN and TAKE IMMEDIATE STEPS TO SECURE ONE. Report the correct SSN to the EDD as soon as possible on a Quarterly Contribution and Wage Adjustment Form (DE 9ADJ).

ITEM E. EMPLOYEE NAME: Enter the name of each employee or individual to whom you paid wages in subject employment, paid PIT wages, and/or from whom you withheld PIT during the quarter.

ITEM F. TOTAL SUBJECT WAGES: Enter the total subject wages paid (including cents) to each employee during the quarter. Generally, most wages are considered “subject” wages. For special classes of employment and payments considered subject wages, refer to the California Employer’s Guide

(DE 44) under “Types of Employment” and “Types of Payments.”

ITEM G. PIT WAGES: Enter the amount of wages paid (including cents) that are subject to PIT, even if you do not withhold PIT from the

wages. You must enter PIT wages even if they are the same as total subject wages. For additional information regarding PIT wages, refer to the Information Sheet: Personal Income Tax Wages Reported on the Quarterly Contribution Return and Report of Wages (Continuation) (DE 9C) (DE 231PIT).

ITEM H. PIT WITHHELD: Enter the amount of PIT withheld from each individual during the quarter.

ITEM I. Enter the total subject wages paid (Item F) for each separate page. Do not carry this total forward from page to page.

ITEM J. Enter the total amount of PIT wages (Item G) for each separate page. Do not carry this total forward from page to page.

ITEM K. Enter the total PIT withheld (Item H) for each separate page. Do not carry this total forward from page to page.

ITEM L. ON PAGE 1 or the last page, enter the grand total of total subject wages paid (Item I) for all pages for the quarter.*

ITEM M. ON PAGE 1 or the last page, enter the grand total of PIT wages (Item J) for all pages for the quarter.*

ITEM N. ON PAGE 1 or the last page, enter the grand total of PIT withheld (Item K) for all pages for the quarter.*

*NOTE: Provide separate grand totals for Voluntary Plan Disability Insurance reporting and special exemption reporting (Religious Exemption, Sole Shareholder, Third-Party Sick Pay). Combine all other Quarterly Contribution Return and Report of Wages (Continuation) (DE 9C)

pages to arrive at the grand totals for Items L, M, and N.

ITEM O. ON PAGE 1 ONLY, signature of preparer or responsible individual, including title, telephone number, and signature date.

DE 9C Rev. 1 (1-12) (INTERNET)

Page 2 of 2

File Breakdown

Fact Name Description
Purpose The DE 9C form is used to report wages and contributions for employees in California, specifically for quarterly payroll reporting.
Filing Requirement Employers must file the DE 9C form even if there is no payroll for the quarter. This ensures compliance with state regulations.
Employee Information The form requires detailed information about employees, including their names, Social Security numbers, total wages, and any Personal Income Tax (PIT) withheld.
Voluntary Plan Option Employers can indicate if they are reporting only Voluntary Plan Disability Insurance wages by checking a specific box on the form.
Submission Deadline The DE 9C must be postmarked or received by the Employment Development Department by a specified deadline to avoid penalties.
Governing Law This form is governed by the California Unemployment Insurance Code (CUIC), which outlines the requirements for payroll reporting in the state.
Online Filing Employers have the option to file the DE 9C online through the Employment Development Department's e-Services for Business, promoting efficiency and accuracy.

Guide to Using De 9C

Completing the DE 9C form is an important task for employers in California. This form must be filed even if there were no wages paid during the quarter. Following these steps will help ensure that the form is filled out correctly and submitted on time.

  1. Begin by obtaining the DE 9C form. You can find it on the Employment Development Department (EDD) website or request a copy through their Taxpayer Assistance Center.
  2. At the top of the form, enter your Employer Account Number, business name, address, year, and the quarter ended date. If the form is not preprinted, make sure to fill in these details accurately.
  3. In Item A, count the number of full-time and part-time employees who worked or received pay during the payroll period that includes the 12th of the month. Enter this number for each of the three months in the quarter.
  4. If you are reporting only Voluntary Plan Disability Insurance wages, check the box in Item B. Otherwise, leave it blank.
  5. If you had no payroll during the quarter, check the box in Item C and complete Item O.
  6. For each employee, fill in the following details in the corresponding fields:
    • Item D: Enter the Social Security Number (SSN).
    • Item E: Enter the employee's Name (First, Middle Initial, Last).
    • Item F: Enter the Total Subject Wages paid to the employee during the quarter.
    • Item G: Enter the PIT Wages that are subject to Personal Income Tax.
    • Item H: Enter the PIT Withheld from the employee's wages.
  7. After entering employee information, calculate and enter the totals for each page:
    • Item I: Total Subject Wages for this page.
    • Item J: Total PIT Wages for this page.
    • Item K: Total PIT Withheld for this page.
  8. On the last page or Page 1, enter the grand totals:
    • Item L: Grand Total Subject Wages for all pages.
    • Item M: Grand Total PIT Wages for all pages.
    • Item N: Grand Total PIT Withheld for all pages.
  9. In Item O, sign the form, providing your title, phone number, and the date.
  10. Finally, mail the completed form to the address specified at the bottom of the form. Make sure it is postmarked by the due date to avoid any penalties.

Once submitted, retain a copy of the DE 9C form for your records. If you have more than seven employees, you may need to use additional pages. For more detailed guidance, visit the EDD website or consult the California Employer’s Guide.

Get Answers on De 9C

  1. What is the purpose of the DE 9C form?

    The DE 9C form, also known as the Quarterly Contribution Return and Report of Wages (Continuation), is used by employers in California to report wages paid to employees and the corresponding withholdings for Personal Income Tax (PIT) for a specific quarter. This form must be filed even if there was no payroll during the quarter. It helps ensure compliance with state employment tax regulations and provides necessary information for the Employment Development Department (EDD).

  2. Who needs to file the DE 9C form?

    All employers in California who have employees subject to Unemployment Insurance must file the DE 9C form. This includes those who may not have had any payroll during the quarter. Employers must report wages and withholdings for all employees, including full-time and part-time workers, as well as any voluntary plan disability insurance wages if applicable.

  3. What information is required on the DE 9C form?

    The DE 9C form requires several key pieces of information, including:

    • Employer account number
    • Quarterly reporting period
    • Number of employees who worked or received pay during the quarter
    • Social Security number for each employee
    • Employee names and total subject wages
    • PIT wages and amounts withheld

    Employers must ensure that all information is accurately reported to avoid penalties or issues with the EDD.

  4. What should an employer do if they had no payroll for the quarter?

    If an employer had no payroll during the quarter, they must still file the DE 9C form. In this case, they should check the box indicating "NO PAYROLL" and complete the required items, such as the employer account number and signature. It is important to provide this information to maintain compliance with state regulations.

  5. How can employers file the DE 9C form?

    Employers can file the DE 9C form through various methods. The EDD offers an online filing option via its e-Services for Business platform, which is designed for convenience and efficiency. Alternatively, employers can complete the form manually and mail it to the EDD at the specified address. It is recommended to retain a copy of the submitted form for personal records.

Common mistakes

Filling out the DE 9C form can be a straightforward process, but many people make mistakes that can lead to delays or issues with their submissions. One common error is not filing the DE 9 and DE 9C together. These forms must be submitted at the same time, even if there was no payroll during the quarter. Failing to do so can result in penalties or complications in processing.

Another frequent mistake involves not reporting employees correctly. It's essential to accurately count the number of full-time and part-time employees who worked during the payroll period. This count should reflect all employees who received pay subject to Unemployment Insurance. If this information is missing or incorrect, it can lead to discrepancies in the report.

People often overlook the importance of entering the correct Social Security Numbers (SSNs) for each employee. Each SSN must be entered accurately. If an employee does not have an SSN, it is crucial to report their name and wages without it and take steps to secure one. Delays in reporting the correct SSN can complicate tax filings and lead to issues for both the employer and employee.

Another common error is neglecting to include the total subject wages and Personal Income Tax (PIT) wages for each employee. It's vital to enter these amounts correctly, as they directly impact tax calculations. Entering incorrect figures can result in underreporting or overreporting, which can create problems down the line.

Some individuals mistakenly believe they can carry totals forward from one page to another. Each page of the DE 9C form requires separate totals for subject wages, PIT wages, and PIT withheld. Not doing this properly can lead to confusion and inaccuracies in the final submission.

Finally, many forget to sign the form in Item O. The signature of the preparer or responsible individual is necessary to validate the information provided. Without a signature, the form may be considered incomplete, leading to further delays in processing.

Documents used along the form

The DE 9C form is a critical document for employers in California, used to report wages and contributions related to unemployment insurance. However, it often accompanies several other forms and documents that help ensure compliance with state regulations. Below is a list of some of these essential documents, each serving a unique purpose in the reporting process.

  • DE 9 Form: This form is the primary quarterly contribution return that summarizes an employer's total wages paid and contributions owed for unemployment insurance. It must be filed alongside the DE 9C form.
  • DE 44 - California Employer's Guide: This guide provides comprehensive information on employer responsibilities, including payroll reporting, tax obligations, and employee classifications. It serves as a valuable resource for understanding the broader context of the DE 9C form.
  • DE 9ADJ - Quarterly Contribution and Wage Adjustment Form: Employers use this form to make adjustments to previously reported wages or contributions. It is essential for correcting any errors made in earlier filings.
  • DE 231PIT - Information Sheet for Personal Income Tax Wages: This document offers guidance on reporting wages subject to personal income tax. It clarifies how to accurately report PIT wages on the DE 9C form.
  • W-2 Form: This form reports annual wages and taxes withheld for each employee. Employers must provide W-2s to employees by January 31 of the following year, ensuring that all wage information aligns with what has been reported on the DE 9C.
  • W-3 Form: This is a summary of all W-2 forms issued by an employer. It is submitted to the Social Security Administration and helps ensure that employee wage data is correctly recorded.
  • Form 941: This federal form is used to report income taxes, Social Security tax, and Medicare tax withheld from employee paychecks. While it serves a different purpose than the DE 9C, it is essential for overall compliance with tax obligations.
  • Voluntary Plan Disability Insurance (VPDI) Election Form: Employers who choose to provide their own disability insurance plan must file this form to elect coverage. It is important for reporting wages related to voluntary plans on the DE 9C.

Understanding these forms and their roles in the reporting process can help employers navigate their obligations more effectively. Each document contributes to a comprehensive picture of an employer's workforce and compliance status, ensuring that all necessary information is accurately reported to the state.

Similar forms

  • DE 9 Form: The DE 9 form is the primary report for employers to summarize their payroll and tax contributions for a quarter. Similar to the DE 9C, it includes total wages and taxes withheld but does not require detailed employee information on each page.
  • Wage and Tax Statement (W-2): The W-2 form reports annual wages and taxes withheld for employees. Like the DE 9C, it requires accurate wage reporting and is essential for tax purposes, but it is submitted annually rather than quarterly.
  • Quarterly Federal Tax Return (Form 941): This federal form reports income taxes, Social Security tax, and Medicare tax withheld from employee wages. Both forms require detailed payroll information, though Form 941 is submitted to the IRS while the DE 9C is submitted to the state.
  • California Employer’s Quarterly Report (DE 9ADJ): The DE 9ADJ is used to correct previously reported wages and contributions. It serves a similar purpose to the DE 9C in terms of reporting but is specifically for adjustments rather than new data.
  • Personal Income Tax (PIT) Withholding Statement: This document summarizes the amount of PIT withheld from employees' wages. Like the DE 9C, it focuses on tax withholdings and provides detailed employee wage information for tax compliance.

Dos and Don'ts

When filling out the DE 9C form, it’s essential to follow specific guidelines to ensure accuracy and compliance. Here are four things to do and not do:

  • Do type all information in uppercase letters if using a typewriter or printer.
  • Do include the Social Security Number (SSN) for each employee when reporting wages.
  • Do retain a copy of the completed DE 9C form for your records.
  • Do report all wages and withholdings accurately, even if there was no payroll.
  • Don't use dollar signs, commas, or slashes when entering amounts.
  • Don't leave any fields blank, as they will be marked as missing data.
  • Don't alter any areas of the form that indicate "DO NOT ALTER."
  • Don't forget to sign the form and provide your contact information in Item O.

Misconceptions

Understanding the DE 9C form is crucial for employers in California. However, several misconceptions can lead to confusion. Here are eight common misconceptions about the DE 9C form:

  • The DE 9C form is optional if there is no payroll. Many believe that if there is no payroll for the quarter, they do not need to file the DE 9C. In reality, it is mandatory to file this form even if there were no wages paid. Employers should complete Items C and O in such cases.
  • Only full-time employees need to be reported. Some employers think that only full-time employees should be included on the DE 9C. However, both full-time and part-time employees who worked during the payroll period must be reported.
  • The DE 9C can be filed separately from the DE 9. There is a belief that these forms can be filed independently. It is important to note that the DE 9 and DE 9C must be filed together to ensure accurate reporting.
  • Wages reported do not need to include cents. Some individuals think that they can round off wages. However, total subject wages must be reported in full, including cents.
  • All employees must have a Social Security Number (SSN) to be reported. While it is preferable for all employees to have an SSN, employers can still report wages for individuals without an SSN. They should include the employee's name and wages and take steps to secure an SSN.
  • PIT wages do not need to be reported if no PIT was withheld. There is a misconception that if no Personal Income Tax (PIT) was withheld, PIT wages do not need to be reported. In fact, PIT wages must still be entered, even if they are the same as total subject wages.
  • Filing the DE 9C online is not allowed. Some employers believe that they can only file the DE 9C by mail. However, the Employment Development Department (EDD) offers an online filing option for convenience.
  • Employers can use any format for the DE 9C. There is a common misunderstanding that any format can be used for this form. Employers must use the official DE 9C form or an EDD-approved format to ensure compliance.

By addressing these misconceptions, employers can better navigate the requirements of the DE 9C form and maintain compliance with state regulations.

Key takeaways

  • File Together: Always submit the DE 9 and DE 9C forms together, even if you had no payroll during the quarter.

  • No Payroll Reporting: If there was no payroll, check the designated box and complete Items C and O.

  • Accurate Information: Ensure all employee names, Social Security Numbers, and wage details are correctly entered to avoid delays.

  • Online Filing: Consider using the EDD’s e-Services for Business to file your DE 9C online for a quicker process.

  • Keep Records: Retain a copy of the DE 9C form for your records, especially if you have more than seven employees.