Many 501(c)(3) nonprofits don’t realize that when considering the option to reimburse state unemployment insurance (SUI), a period of low unemployment is an ideal time to make the decision. (A period of low unemployment can refer to a statewide low or a historically low period for an individual organization.)
Why is this the case? Simply put, what better time is there to pay for unemployment claims than when they are at their lowest?
State unemployment insurance reimbursing is the process by which 501(c)(3) employers exercise their right, per the IRS, to opt out of paying SUI taxes and instead pay only for their actual state unemployment insurance claims.
When nonprofits consider reimbursing, they usually focus on the fact that they will no longer be paying SUI taxes. Instead, they should focus on how little they will be paying in unemployment claims. This shift in thinking helps organizations understand that the decision to reimburse or not is truly a smart long-term strategy.
The long-term strategy involves replacing an unpredictable and uncontrollable expense—state unemployment insurance taxes—with one that an organization can exercise more control over: unemployment insurance claims.
State unemployment insurance taxes are unpredictable
We are currently in a period of historically low unemployment in the United States. Logically, one might assume that low unemployment means low unemployment taxes. However, that is not necessarily the case. Some states manage their unemployment insurance systems better than others. Some states amassed significant debts during the last recession, and their tax rates have remained relatively high to pay off those debts.
Dissatisfied with their unemployment systems’ performance during the pandemic, a few states are now making adjustments. This can mean changes to taxes, claims payments, and taxable wage bases.
In other states, the taxable wage base is indexed to the average wage or calculated by another method. In these states, employers may see their costs continue to rise, even if their tax rate decreases slightly. Also, tax rates are based on experience. If an organization has a recent history of no-fault layoffs, its unemployment taxes will increase to match its poor claims history—regardless of statewide unemployment.
Therefore, low jobless rates do not always mean low unemployment taxes. Even in states that have reduced their taxes since the last recession, those decreases are only temporary—lasting until the next period of high unemployment.
Claims reimbursing is more financially prudent
What 501(c)(3) employers should focus on instead is their organization’s claims costs. A useful exercise for a nonprofit is to audit the past decade to identify its three worst years for unemployment claims—those with historically high claims. The average of these three high-claims years is likely the most an organization would pay in any given year over the next decade. And most years will be far less expensive than the average high year.
By opting for the reimbursing option and implementing proper HR practices, claims management, and budgeting, an organization can minimize those high-claims years and work to make those historic costs the ceiling of their unemployment exposure. An organization can then reserve for a worst-case scenario during rare historical events. This planning allows nonprofits to better forecast their unemployment liability from year to year and decade to decade. Leveraging all of this through reimbursing eliminates concerns about varying unemployment insurance tax rates or the state’s current economic health.
In the end, most reimbursing organizations find their ten-year average in claims is more than 50% less than their ten-year average of SUI taxes.
With a simple change in focus from taxes to claims, a 501(c)(3) nonprofit can exercise more control over its unemployment risk—and its budget.
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The information contained in this article is not a substitute for legal advice or counsel and has been sourced from multiple references.