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Mia Green

Who is exempt from paying Washington ESD unemployment taxes - confused about my status

I'm trying to figure out if my small business needs to pay unemployment taxes to Washington ESD. I have 2 part-time employees and we're a family-owned landscaping company. I've been getting conflicting information about who is exempt from paying unemployment taxes. Some people say certain small businesses don't have to pay, others say religious organizations are exempt, and I'm seeing something about agricultural workers being different too. Can anyone explain who actually has to pay Washington ESD unemployment taxes and who doesn't? I don't want to mess this up and get in trouble later.

From what I know, most employers in Washington have to pay unemployment taxes to ESD. The main exemptions are usually for very small employers (like under a certain payroll threshold), some religious organizations, and certain agricultural operations. But the rules are pretty specific about the requirements.

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Do you know what the payroll threshold is? We're pretty small but I want to make sure we're following the rules.

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I think it's based on your total wages paid in a quarter, but I'm not 100% sure of the exact numbers. You should check with Washington ESD directly.

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Generally, Washington employers are subject to unemployment taxes if they pay wages of $1,000 or more in any calendar quarter, or if they have one or more employees for some portion of a day in each of 20 different weeks during a calendar year. There are specific exemptions for certain religious organizations, some agricultural employers, and a few other categories, but most small businesses will be subject to the tax.

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That $1,000 threshold sounds like we'd definitely qualify. What about the religious organization exemption - does that apply to any faith-based business?

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No, it's specifically for churches and qualified religious organizations, not just businesses owned by religious people. The exemption is pretty narrow.

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I had the same question when I started my cleaning business. Trying to get through to Washington ESD to ask about this stuff is a nightmare though. I spent hours on hold trying to get clarification about my tax obligations. If you need to actually talk to someone at ESD about your specific situation, I found this service called Claimyr (claimyr.com) that helps you get through to ESD agents. They have this demo video https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me a lot of frustration when I needed answers about my employer account.

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How much does something like that cost? I'm trying to keep expenses down for the business.

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It was worth it for me to get actual answers instead of guessing. Way better than sitting on hold for hours or trying to navigate their website.

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Never heard of that before but might be useful. The ESD phone lines are always busy when I try to call.

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ugh the whole unemployment tax system is so confusing! I run a small daycare and I'm never sure if I'm doing everything right. The forms they send are like reading a foreign language sometimes.

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Tell me about it. I've been paying ESD taxes for 3 years and I still don't understand half the paperwork they send.

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Right?? And if you make a mistake they act like you did it on purpose. So stressful.

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Just to clarify the agricultural exemption since it was mentioned - agricultural employers in Washington are generally subject to unemployment taxes if they pay $20,000 or more in wages in any calendar quarter, OR if they employ 10 or more workers for some portion of a day in each of 20 different weeks during the year. So the thresholds are higher than regular employers but most agricultural operations still end up being covered.

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That's good to know. My brother has a small farm and he's always wondering about this stuff.

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Yeah, a lot of small farm owners think they're automatically exempt but that's not usually the case if they have employees.

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So it sounds like with 2 employees and definitely paying more than $1000 per quarter, we need to be paying unemployment taxes. Is there a grace period when you first start a business or do you have to register right away?

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You're supposed to register within a certain timeframe of meeting the requirements. I think it's like 30 days but don't quote me on that.

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Washington ESD requires registration within 10 days of becoming liable for unemployment taxes. If you're already past that, you should register as soon as possible to avoid penalties.

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What about independent contractors? Do you have to pay unemployment taxes on people you pay as 1099 contractors?

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Generally no, unemployment taxes are only on employees (W-2), not independent contractors. But Washington has strict rules about who can actually be classified as an independent contractor.

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Yeah I've heard Washington is pretty tough on that. Better to err on the side of treating them as employees if you're not sure.

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I own a small nonprofit - are we exempt from unemployment taxes? I keep getting different answers on this.

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Nonprofits can elect to reimburse ESD for benefits paid to their former employees instead of paying regular unemployment taxes, but they're not automatically exempt. Some 501(c)(3) organizations have this option.

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Oh interesting, I didn't know about the reimbursement option. Is that usually better than paying the regular taxes?

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It depends on your turnover rate and benefit claims. If you rarely have people file for unemployment, reimbursement might be cheaper. If you have high turnover, regular taxes might be better.

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Does anyone know if there are exemptions for family members? Like if I employ my teenage kids in my business, do I have to pay unemployment taxes on their wages?

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Services performed by your child under age 18 are generally exempt from unemployment taxes. But once they turn 18, they're treated like regular employees.

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Good to know, thanks! One of mine just turned 18 so I guess I need to start including their wages now.

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This is all making my head spin. Why can't they just have a simple list of who pays and who doesn't? The government loves to make everything complicated.

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RIGHT?? Everything with ESD is unnecessarily complex. Even their website is confusing to navigate.

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That's exactly why I ended up using that Claimyr service I mentioned earlier. Sometimes you just need to talk to an actual person who can explain your specific situation instead of trying to decode all the rules yourself.

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What about seasonal businesses? I run a Christmas tree farm that only operates a few months out of the year. Do the same rules apply?

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Seasonal businesses are generally subject to the same rules. If you meet the wage or employment thresholds during your operating season, you'd be liable for unemployment taxes.

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Makes sense I guess. Just seems weird to pay into a system when my employees know they're only working temporarily.

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I've been paying ESD taxes for years and just learned there might be exemptions I didn't know about. Are there any other categories of exempt employers that haven't been mentioned?

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There are a few other narrow exemptions like certain student employees, some railroad workers covered under federal programs, and specific government positions. But these are pretty specialized situations.

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Probably doesn't apply to me then, but good to know these exist.

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This thread has been super helpful! I was totally confused about whether my small consulting firm needed to pay unemployment taxes. Sounds like we definitely do since we have regular employees.

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Same here! At least now I know we need to get registered instead of just hoping we're somehow exempt.

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Yeah better to be compliant from the start than deal with penalties later.

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One more question - if you're exempt in one year but then grow your business and meet the thresholds the next year, how quickly do you need to start paying?

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You need to register within 10 days of becoming liable, which is usually when you first meet the wage or employment thresholds. ESD will then send you information about when your first payments are due.

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Got it, so it's not like you get a full year grace period or anything. Thanks for all the info!

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Has anyone here ever gotten audited by ESD for unemployment taxes? I'm paranoid I'm going to mess something up.

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My friend got audited a few years ago. As long as you're keeping good records and paying what you owe, it's not that scary. They mainly want to see your payroll records and make sure you're classifying workers correctly.

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That's somewhat reassuring. I've been keeping detailed records just in case.

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Quick question - are there different rates for different types of businesses? Like does a restaurant pay the same rate as a construction company?

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Yes, Washington ESD uses an experience rating system where your tax rate depends on your industry and your history of former employees filing for benefits. New employers start at a standard rate and then it adjusts based on experience.

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Interesting, so if you rarely have people file for unemployment, your rate goes down over time?

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Generally yes, though there are minimum rates and other factors involved. Industries with typically higher turnover tend to have higher base rates.

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This has been really educational. I had no idea there were so many nuances to who has to pay unemployment taxes. Definitely going to make sure my business is properly registered.

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Same! Better to figure this out now than get surprised by penalties later. Thanks everyone for sharing your knowledge.

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Glad this thread helped multiple people! These tax requirements can be really confusing when you're trying to run a business.

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One last thing - if anyone needs to get specific answers from ESD about their situation, that Claimyr service mentioned earlier really does work. I used it last month when I had questions about my employer account and actually got through to talk to someone knowledgeable instead of getting the runaround.

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Good to know it's legit. Might be worth it to get proper guidance instead of guessing about compliance.

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Exactly. The peace of mind was worth it for me, especially dealing with tax obligations where mistakes can be expensive.

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Thanks for all the great info everyone! This thread should be bookmarked for other small business owners who have the same questions.

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Agreed! Wish I had found something like this when I was starting out. Would have saved me a lot of confusion.

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Definitely! Really appreciate everyone taking the time to explain all this. Makes me feel much more confident about getting my business properly set up with ESD.

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