[Code of Federal Regulations]
[Title 26, Volume 15]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR31.6001-5]

[Page 320-321]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 31_EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE--Table of Contents
 
Subpart G_Administrative Provisions of Special Application to Employment 
Taxes (Selected Provisions of Subtitle F, Internal Revenue Code of 1954)
 
Sec. 31.6001-5  Additional records in connection with collection of 
income tax at source on wages.

    (a) Every employer required under section 3402 to deduct and 
withhold income tax upon the wages of employees shall keep records of 
all remuneration paid to (including tips reported by) such employees. 
Such records shall show with respect to each employee--
    (1) The name and address of the employee, and after December 31, 
1962, the account number of the employee.

[[Page 321]]

    (2) The total amount and date of each payment of remuneration 
(including any sum withheld therefrom as tax or for any other reason) 
and the period of services covered by such payment.
    (3) The amount of such remuneration payment which constitutes wages 
subject to withholding.
    (4) The amount of tax collected with respect to such remuneration 
payment, and, if collected at a time other than the time such payment 
was made, the date collected.
    (5) If the total remuneration payment (paragraph (a)(2) of this 
section) and the amount thereof which is taxable (paragraph (a)(3) of 
this section) are not equal, the reason therefor.
    (6) Copies of any statements furnished by the employee pursuant to 
paragraph (b)(12) of Sec. 31.3401(a)-1 (relating to permanent residents 
of the Virgin Islands).
    (7) Copies of any statements furnished by the employee pursuant to 
Sec. Sec. 31.3401(a)(6)-1 and 31.3401(a)(7)-1, relating to nonresident 
alien individuals.
    (8) Copies of any statements furnished by the employee pursuant to 
Sec. 31.3401(a)(8)(A)-1 (relating to residence or physical presence in 
a foreign country).
    (9) Copies of any statements furnished by the employee pursuant to 
Sec. 31.3401(a)(8)(C)-1 (relating to citizens resident in Puerto Rico).
    (10) The fair market value and date of each payment of noncash 
remuneration, made to an employee after August 9, 1955, for services 
performed as a retail commission salesman, with respect to which no 
income tax is withheld by reason of Sec. 31.3402(j)-1.
    (11) [Reserved]
    (12) In the case of the employer for whom services are performed, 
with respect to payments made directly by him after December 31, 1955, 
under an accident or health plan (as defined in section 105 and the 
regulations thereunder)--
    (i) The beginning and ending dates of each period of absence from 
work for which any such payment was made; and
    (ii) Sufficient information to establish the amount and weekly rate 
of each such payment.
    (13) The withholding exemption certificates (Forms W-4 and W-4E) 
filed with the employer by the employee.
    (14) The agreement, if any, between the employer and the employee 
for the withholding of additional amounts of tax pursuant to Sec. 
31.3402(i)-1.
    (15) To the extent material to a determination of tax liability, the 
dates, in each calendar quarter, on which the employee performed 
services not in the course of the employer's trade or business, and the 
amount of cash remuneration paid at any time for such services performed 
within such quarter. (See Sec. 31.3401(a)(4)-1.)
    (16) In the case of tips received by an employee after 1965 in the 
course of his employment, copies of any statements furnished by the 
employee pursuant to section 6053(a) unless the information disclosed by 
such statements is recorded on another document retained by the employer 
pursuant to the provisions of this paragraph.
    (17) Any request of an employee under section 3402(h)(3) and Sec. 
31.3402 (h)(3)-1 to have the amount of tax to be withheld from his wages 
computed on the basis of his cumulative wages, and any notice of 
revocation thereof.

The term ``remuneration,'' as used in this paragraph, includes all 
payments whether in cash or in a medium other than cash, except that the 
term does not include payments in a medium other than cash for services 
not in the course of the employer's trade or business, and does not 
include tips received by an employee in any medium other than cash or in 
cash if such tips amount to less than $20 for any calendar month. See 
Sec. Sec. 31.3401(a)(11)-1 and 31.3401(a)(16)-1, respectively.
    (b) The employer shall keep records of the details of each 
adjustment or settlement of income tax withheld under section 3402 made 
pursuant to the regulations in this part.

[T.D. 6516, 25 FR 13032, Dec. 20, 1960, as amended by T.D. 6606, 27 FR 
8516, Aug. 25, 1962; T.D. 6908, 31 FR 16776, Dec. 31, 1966; T.D. 7001, 
34 FR 1003, Jan. 23, 1969; T.D. 7048, 35 FR 10292, June 24, 1970; T.D. 
7053, 35 FR 11628, July 21, 1970; T.D. 7888, 48 FR 17588, Apr. 25, 1983]

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