The LB 0441 form serves as a vital document for employers in Tennessee, functioning under the jurisdiction of the Tennessee Department of Labor and Workforce Development. This form's primary role is to determine an employer's liability for unemployment insurance coverage through a detailed report submission. It requires an array of information, including the federal number, business name, address, type of organization, details about ownership or management, and specifics regarding the payroll and employment history. The form distinguishes between regular business employment, household employment, and agricultural employment, setting unique criteria for each to assess liability. Additionally, it addresses scenarios involving predecessor employers and any resultant mandatory transfer of employer’s benefit and premium experience due to common ownership, management, or control, emphasizing the importance of correctly completing each section to avoid the imposition of the highest premium rate assignable. Information on quarterly payroll expectations is also solicited to forecast future employment and ensure proper coverage. Furthermore, the LB 0441 form includes instructions for employers who are yet to receive a Federal Employer Identification Number (FEIN) and outlines the premium rate information, significantly impacting new employers in various industries by setting initial rates based on the combined reserve experience of those industries. Thus, the LB 0441 form is an essential procedural requirement for every employer operating in Tennessee, aiming to establish or clarify their obligations under the state's unemployment insurance system.
Question | Answer |
---|---|
Form Name | Form LB-0441 |
Form Length | 4 pages |
Fillable? | Yes |
Fillable fields | 190 |
Avg. time to fill out | 39 min 4 sec |
Other names | lb 0441, form tennessee status, tn determine, Form LB-0441 tn |
|
|
|
|
TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT |
|
||||||||||||||
|
|
|
REPORT TO DETERMINE STATUS |
|
|
|
|
||||||||||||
|
RETURN TO: EMPLOYER SERVICES - STATUS/RATES |
|
|
|
|
|
|||||||||||||
|
TN DEPT OF LABOR AND WORKFORCE DEV |
|
APPLICATION FOR EMPLOYER NUMBER |
|
|||||||||||||||
|
220 FRENCH LANDING DRIVE |
|
|
||||||||||||||||
|
NASHVILLE TN |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
OFFICIAL USE ONLY |
|
|
|
|
||||||
|
(615) |
FAX (615) |
|
|
|
|
|
|
|
|
|
|
|
||||||
1. Enter Federal Number, Business Name and Address |
|
Tennessee ID# |
M. No. |
|
SIC |
County |
Area |
||||||||||||
|
Federal Number |
___ ___ - ___ ___ ___ ___ ___ ___ ___ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
Liab. Org. First Employment |
|
Date Liable |
Rate |
||||||||||
|
Employer Name |
_______________________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
_______________________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
Comp Year |
NAICS |
|
|
|
|
|||||||||||
|
Trade Name |
_______________________________________ |
|
|
|
|
|
||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
_______________________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
|
Previous No. |
ROC |
VERIFIED |
||||||||||||||
|
Mailing Address |
_______________________________________ |
|
||||||||||||||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
_______________________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
||
|
|
_______________________________________ |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
PHYSICAL BUSINESS ADDRESS in Tennessee if different from above: |
|
PHONE: ( _______ ) ___________________ |
|
_______________________________________________________ |
FAX: ( _______ ) ______________________ |
||
_______________________________________________________ |
|||
|
|
|
|
2. Is your organization a Professional Employer Organization (PEO)? |
YES |
NO |
If Yes, Tennessee license number __________________ |
Is your organization a client of a Professional Employer Organization (PEO)? |
YES |
NO |
|
3. CHECK (X) FORM OF ORGANIZATION 4. Name of Owner, Partners, Corporate Officers |
Social Security Number |
Residential Address |
|
||||
|
Limited Liability Company Members and Managers |
|
|
|
and Phone |
|
|
|
(If Board Managed), General Partners |
|
|
|
|
|
|
|
(Attach separate sheet if necessary) |
|
|
|
|
|
|
INDIVIDUAL |
|
|
|
|
|
|
|
PARTNERSHIP |
|
|
|
|
|
|
|
|
|
|
|
|
|
||
CORPORATION |
|
|
|
|
|
|
|
LIMITED LIABILITY COMPANY |
|
|
|
|
|
|
|
LIMITED PARTNERSHIP |
|
|
|
|
|
|
|
OTHER |
|
|
|
|
|
|
|
|
|
|
|
|
|
||
NOTE: If a Limited Liability Company, are you treated by IRS as a(n) Individual Proprietorship |
Partnership or as a |
Corporation |
|
||||
|
|
|
|
|
|
||
5. Name of person responsible for payroll records _____________________________________ |
|
Phone Number _______________________ |
|
||||
|
|
|
|
|
|
|
|
6.A. Number of workers you have employed (will employ) in TN __________________
B.Date you first employed (will employ) a worker in TN _______________________/ /
C.Date you first paid (will pay) a worker in Tennessee _______________________/ /
D. Are you presently reporting for U.I. purposes in another state?
YES |
NO |
|
If Yes, which state? ___________________ |
E. If a corporation or LLC, provide formation information. |
|||
Date |
_______________/ |
/ |
State ____ ID No. _______________ |
7.REGULAR BUSINESS EMPLOYMENT (SEPARATE REPORTS MUST BE FILED FOR EACH CALENDAR QUARTER IN WHICH WAGES WERE PAID.)
A. Have you employed or do you expect to employ at least one worker in twenty different calendar weeks during a calendar year? YES |
NO |
|||
If Yes, give earliest month and year the twentieth week occurred (will occur). MONTH ______________________ |
YEAR _______________ |
|||
B. Have you had or do you expect to have a quarterly payroll of $1,500 or more? YES |
NO |
|
|
|
If Yes, give earliest quarter and year this occurred (will occur). QUARTER ______________________ |
YEAR ____________________ |
|||
|
|
|
|
|
8.HOUSEHOLD EMPLOYMENT (SEPARATE REPORTS MUST BE FILED FOR EACH CALENDAR QUARTER IN WHICH WAGES WERE PAID.)
A. Have you had or do you expect to have a $1,000 quarterly payroll for domestic services? YES |
NO |
If Yes, give earliest quarter and year this occurred (will occur). QUARTER ______________________ |
YEAR _______________ |
|
|
9.AGRICULTURAL EMPLOYMENT (SEPARATE REPORTS MUST BE FILED FOR EACH CALENDAR QUARTER IN WHICH WAGES WERE PAID.)
A. Have you employed or do you expect to employ at least ten or more workers in some part of a day in twenty different weeks during a calendar year?
YES |
NO |
If Yes, give earliest month and year this occurred (will occur). MONTH ______________________ |
YEAR ______________ |
|
B. Have you had or do you expect to have a quarterly payroll of $20,000 or more? YES |
NO |
|
If Yes, give earliest quarter and year this occurred (will occur). QUARTER ______________________ YEAR _______________
If you answer Yes to any one of the questions 6D, 7, 8, 9, or 10F, you are liable for unemployment insurance premiums based on the first $9,000 paid
each employee per year. |
|
|
|
|
|
Have you previously had an account with this department? YES |
NO |
Account Number ____________________________ |
|||
|
|
|
|
|
|
Signature ____________________________________ |
Title _________________________ |
Date |
________________________/ |
/ |
Must be owner, partner, authorized limited liability company member or manager, or officer of the corporation.
PLEASE COMPLETE PAGE 2. FAILURE TO DO SO WILL RESULT IN RECEIVING THE HIGHEST PREMIUM RATE ASSIGNABLE.
RDA 1559 |
10. (A) Name and Address of predecessor employer |
_______________________________________________________ |
|
_______________________________________________________ |
|
_______________________________________________________ |
(B) |
Account Number of predecessor employer _____________________ |
(C) |
Date of acquisition _____/_____/_____ |
|
(D) |
Did you acquire all of your predecessor’s business in Tennessee? YES |
NO |
If No, what percentage did you acquire? _____ |
|
(E) |
Did your predecessor continue in business in Tennessee? |
YES |
NO |
|
(F)Tennessee Employment Security Law provides for the mandatory transfer of an employer’s benefit and premium experience whenever there is any common ownership, management or control between the predecessor and successor employers.
Did any owner or manager of this company have an ownership interest in or participate in the management or control of the
business acquired?YESNO
If “YES,” please explain: __________________________________________________________________________________
Per TCA
Does anyone who had a 10% or more ownership interest in the previous company - or who participated in its management or control - have a relative with a 10% or more interest in this company or who participates in its management or control?
YES NO If “YES,” please explain: __________________________________________________________________
If you are not subject to a mandatory transfer of experience but wish to succeed to the experience of the predecessor employer, Form
11. Enter below the amount of total payroll for each quarter in which you have had or expect to have employment.
YEAR
YEAR
NOTE: If your organization is exempt from Federal Income Taxes under Section 501(C) (3) of the IRS Code, attach a copy of letter of exemption.
12.FAILURE TO PROPERLY COMPLETE THIS SECTION WILL RESULT IN RECEIVING THE HIGHEST PREMIUM RATE ASSIGNABLE.
Briefly describe the major business activity of the account to be covered, listing any products produced or sold, or service provided. Be as descriptive as possible. _____________________________________________________________________________________________
_________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________
In what Tennessee County is your company located? ________________________________________________________
(If account covers sales reps or other personnel working from home, list county of residence. If county is unknown, list city of residence.)
For the work location covered by this application, is the main activity to: (Check one) Supply products and services to the general public or other companies
Support other locations of your company (if you check this, please specify below)
HEADQUARTERS (e.g. : Corporate or regional management offices)
ADMINISTRATIVE, OTHER THAN HEADQUARTERS (e.g.: data processing, public relations)
RESEARCH (e.g.: R & D, product testing, laboratory)
STORAGE (e.g.: warehouse, distribution center, equipment yard)
OTHER (please describe) (e.g.: Repair shop, security office, maintenance, employee recreation facility)
Please check the box describing your company’s major business activity:
Agriculture, Forestry, Fishing and Hunting |
Real Estate and Rental and Leasing |
Mining |
Professional, Scientific, Technical Services |
Utilities |
Management of Companies and Enterprises |
Construction |
Administrative and Support and Waste Management |
Manufacturing |
and Remediation Services |
Wholesale Trade |
Educational Services |
Retail Trade |
Health Care and Social Assistance |
Transportation and Warehousing |
Arts, Entertainment and Recreation |
Information |
Accommodation and Food Services |
Finance and Insurance |
Other Services (except Public Administration) |
|
Public Administration |
RDA 1559 |
INFORMATION FOR COMPLETING STATUS APPLICATION
Enclosed is a Report to Determine Status/Application for Employer Number. The Tennessee Employment Security Law and Regulations requires each employing unit in Tennessee to file this report with the Department of Labor and Workforce Development for the purpose of determining status. If you answer “Yes” to question 6(d) or any one of the questions in items 7, 8 or 9 on the status application, you are liable for unemployment insurance coverage with this department. Please complete and submit the enclosed form as soon as you have paid wages for services performed in Tennessee.
The requirements for liability are:
REGULAR BUSINESS EMPLOYERS
Items 7 A and B on the status application do not pertain to farm or household employees.
Item 7A. During some part of a day in each of twenty calendar weeks of a calendar year, did you employ or do you expect to employ one or more persons? (The weeks need not be consecutive and both full and
OR
Item 7B. Have you paid or do you expect to pay wages of $1,500 or more in any calendar quarter?
HOUSEHOLD EMPLOYERS
Item 8. Did you have or do you expect to have a calendar quarter in which you paid household employee(s) $1,000 or more in cash wages? If so, you are liable for all wages paid during that year and the following calendar year.
AGRICULTURAL EMPLOYERS
Item 9A. During some part of a day in each of twenty weeks of a calendar year did you employ or do you expect to employ ten or more persons? (The weeks need not be consecutive and both full and
OR
Item 9B. Have you paid or do you expect to pay wages of $20,000 or more in any calendar quarter?
Leave the space under Item 1 for Federal Number blank if you have not yet been assigned a FEIN (Federal Employer Identification Number). You will receive a letter asking for this number after we establish your state account. Return the letter with your FEIN when you receive the number from the Internal Revenue Service.
If you are completing quarterly reports and/or the Application for Transfer of Experience Rating
Anyone who is paid for personal services by a corporation is considered to be an employee of the corporation even if that person is an officer and/or owns stock in the corporation.
NOTE: PLEASE BE SURE TO SIGN YOUR STATUS APPLICATION at the bottom and include the appropriate information. Also, complete both pages of your Status Application form.
Failure to complete both pages of the application or to provide sufficient information upon which to correctly classify the industry code will result in the highest new employer rate being assigned.
RDA 1559 |
Mail To: Employer Services - Status/Rates
TN Dept of Labor and Workforce Development
220 French Landing Drive
Nashville TN
PREMIUM RATE INFORMATION
New employers in Tennessee are initially subject to a “new employer” rate until their account has been subject to premiums and chargeable with benefits for
New employer rates are determined separately for each major industry group based on the combined reserve experience of each industry group as a whole. Presently, all industries, except construction, mining, and manufacturing have a new employer rate of 2.7%. The new employer rates for construction, mining, and manufacturing are listed below.
Rate Year |
|
Construction |
|
Mining |
|
|
Manufacturing |
|
|
|
|
|
|
|
|
|
Sector 31 |
|
Sector 32 |
|
Sector 33 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
July ‘06 - June ‘07 |
|
6.0% |
|
7.5% |
|
6.0% |
|
2.7% |
|
6.0% |
July ‘07 - June ‘08 |
|
5.0% |
|
6.5% |
|
6.0% |
|
2.7% |
|
6.0% |
July ‘08 - Dec ‘08 |
|
5.0% |
|
6.0% |
|
5.5% |
|
2.7% |
|
6.0% |
Jan ‘09 - June ‘09 |
|
5.6% |
|
6.6% |
|
6.1% |
|
2.7% |
|
6.6% |
July ‘09 - June ‘10 |
|
6.1% |
|
6.6% |
|
5.6% |
|
2.7% |
|
7.1% |
July ‘10 - June ‘11 |
|
8.1% |
|
8.6% |
|
5.6% |
|
6.6% |
|
9.1% |
July ‘11 - June ‘12 |
|
8.6% |
|
6.6% |
|
2.7% |
|
6.6% |
|
9.1% |
July ‘12 - June ‘13 |
|
8.6% |
|
6.1% |
|
2.7% |
|
6.1% |
|
8.6% |
|
|
|
|
|
|
|
|
|
|
|
NAICS Manufacturing Sector 31 includes food, beverage, and tobacco products, as well as textiles, leather, and apparel products.
NAICS Manufacturing Sector 32 includes wood products, paper products, printing and related support activities, petroleum and coal products, chemical manufacturing, plastics and rubber products, and nonmetallic mineral products.
NAICS Manufacturing Sector 33 includes metal products, machinery, computer and electronic products, electrical equipment, appliances, transportation equipment, and furniture manufacturing.
Taxable wages are the first $9,000 of gross wages paid to each employee per year.
RDA 1559 |