Payroll Tax Withholding Form CA DE4

Payroll Tax Withholding Form CA DE4

Effective Date:

Employer Name:    Employer FEIN/ID:

Payroll Service Provider:    Provider ID:

WHEREAS

WHEREAS, Employer engages Provider to perform payroll tax withholding, calculation, reporting and remittance services in compliance with applicable California payroll tax laws and regulations; and

WHEREAS, Provider represents that it has the experience, personnel, and systems necessary to compute withholdings, prepare required filings, and remit withheld taxes on Employer's behalf in a timely and lawful manner; and

WHEREAS, the parties desire to set forth the scope, payment terms, confidentiality obligations, term, and governing law applicable to the engagement of Provider by Employer.

SCOPE OF WORK

Provider shall provide the following payroll-related services for Employer. Services include calculation of employee and employer tax withholdings, preparation and filing of required payroll tax returns, remittance of withheld amounts to the proper taxing authorities, maintenance of withholding records, and preparation of periodic reports to Employer.

EMPLOYEE WITHHOLDING INFORMATION

Hire Date:

Filing Status: Single Married Head of Household

Employee claims exemption from withholding:

PAYMENT TERMS

Service Fee Amount: $

Late Payment Fee:

TERM AND TERMINATION

Term Commencement:    Term Expiration:

Either party may terminate this Agreement for any material breach not cured within days after written notice. Upon termination, Provider shall deliver all withholding records and final reconciliations and Employer shall pay all earned fees and any amounts required to be remitted to tax authorities.

CONFIDENTIALITY

Provider and Employer each acknowledge that payroll data and employee tax information constitute confidential and proprietary information. Each party shall protect such information with at least the same degree of care it uses to protect its own confidential information, and in no event less than reasonable care. Provider shall not use, disclose, or permit access to payroll data except as required to perform services under this Agreement or as required by law. Provider shall implement reasonable technical and organizational safeguards to protect confidential information against unauthorized access, disclosure, alteration, or destruction.

COMPLIANCE AND LIABILITY

Provider shall prepare and file payroll tax returns and remit withheld amounts in accordance with applicable California law. Provider shall exercise commercially reasonable care in performing calculations and filings. Employer remains ultimately responsible for accuracy of employee data and for timely funding of withheld amounts; Employer agrees to indemnify Provider for liabilities arising from Employer's failure to provide accurate data or timely funds. Provider's liability for any error or omission shall be limited to re-performance and correction of the error and, where applicable, direct costs of penalties paid due to Provider's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement, together with any schedules or exhibits expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. No modification shall be binding unless executed in writing by authorized representatives of both parties.

NOTICES

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