TAXATION
Table 203.-- Transfer of Experience for Employer Rates, 52 States
1/
|
Total Transfers |
Partial Transfers |
Enterprise must be continued (27 States) |
Rate for successor 2/ |
State |
Mandatory (45 States) |
Optional (10 States) |
Mandatory (17 States) |
Optional (26 States) |
Previous rate (32 States) |
Based on Combined experience (20 States) |
Alabama |
X |
|
|
X |
|
|
X |
Alaska 3/ |
X |
|
|
|
|
|
X |
Arizona |
X |
|
|
X |
X |
X |
|
Arkansas |
X |
|
|
X |
X |
X |
|
California 3/ |
|
X |
|
X |
X |
|
X |
Colorado 3/ |
X |
|
|
X |
X |
X |
|
Connecticut |
X 5/ |
|
X 5/ |
|
|
X 5/ |
|
Delaware |
X 4/ |
|
X 4/ |
|
X |
|
X |
District of Columbia 3/ |
X |
|
|
|
X |
X |
|
Florida |
X |
|
|
X |
X |
|
X |
Georgia |
X |
|
|
X |
X |
|
X |
Hawaii |
|
X |
|
|
|
X |
|
Idaho |
|
X 4/ |
|
X 4/ |
X |
|
X |
Illinois |
X |
|
|
X |
|
X |
|
Indiana |
X |
|
|
X |
|
X |
|
Iowa |
X |
|
X |
|
X |
|
X |
Kansas |
X |
|
|
X |
X |
X |
|
Kentucky |
X |
|
X |
|
|
X |
|
Louisiana |
X |
|
X |
|
|
X |
|
Maine 11/ |
X |
|
|
|
|
X |
|
Maryland |
X |
|
|
X 6/ |
X |
X |
|
Michigan |
X |
|
|
X |
|
X |
|
Minnesota |
X |
|
X |
|
|
|
X |
Mississippi |
X |
|
|
X |
X |
X |
|
Missouri |
X |
|
X 7/ |
|
X |
|
X |
Montana |
X 8/ |
|
X 8/ |
|
|
|
X |
Nebraska |
|
X |
|
X |
|
|
X |
Massachusetts |
X |
|
|
|
X |
X |
|
Nevada 3/ |
|
X |
|
X |
|
|
X |
New Hampshire |
X |
|
|
X |
X |
X |
|
New Jersey 3/ |
X 9/ |
X 9/ |
|
X |
X |
X |
|
New Mexico |
X |
|
|
X |
X |
X |
|
New York |
X |
|
X |
|
X |
|
X |
North Carolina |
X |
|
|
X |
|
X |
|
North Dakota 3/ |
|
X |
|
X |
|
X |
|
Ohio |
X |
|
X |
|
X |
X |
|
Oklahoma |
X |
|
|
X |
X |
|
X |
Oregon |
X |
|
|
|
|
X |
|
Pennsylvania |
X 9/ |
X 9/ |
X 9/ |
X 9/ |
X |
X 10/ |
|
Puerto Rico |
X |
|
|
|
|
X |
|
Rhode Island 3/ |
|
X |
|
X 7/ |
|
X |
|
South Carolina |
X |
|
|
X |
X |
|
X |
South Dakota |
X 9/ |
X 9/ |
|
|
|
X 10/ |
|
Tennessee 3/ |
X |
|
X |
|
X |
X |
|
Texas |
X |
|
|
X |
X |
X |
|
Utah |
X |
|
X |
|
|
X |
|
Vermont |
X |
|
|
|
X |
|
X |
Virginia |
X |
|
X |
|
|
X |
|
Washington |
X |
|
X |
|
|
|
X |
West Virginia |
X |
|
X 7/ |
|
|
X |
|
Wisconsin |
X |
|
X |
|
X |
|
X |
Wyoming |
X |
|
|
|
|
X |
|
1 /Excludes the Virgin Islands, which has no provision for transfer of experience.
2 /Rate for remainder of rate year for a successor who was an Employer prior to acquisition.
In Illinois, the successor is entitled to predecessor's lower rate only if the director is notified
of transfer within 120 days of its occurrence.
3 /No transfer may be made if it is determined that the acquisition was made solely
for purpose of qualifying for reduced rate, Alaska, California, Colorado,
Nevada, Rhode Island, and Tennessee; if total wages allocable to transferred property are
less than 25% of predecessor's total, District of Columbia; if agency finds employment experience of the enterprise
transferred may be considered indicative of the future employment experience of the successor,
New Jersey; transfer may be denied if good cause shown that transfer would be inequitable,
North Dakota
4 /Transfer is limited to one in which there is substantial continuity of ownership
and management, Delaware; if predecessor had a deficit experience-rating account as of last
computation date, transfer is mandatory unless it can be shown that management or ownership was not
substantially the same, Idaho.
5 /By agency interpretation.
6 /Partial transfers limited to those establishments formerly located in another
State.
7 /Partial transfers limited to acquisitions of all or substantially all of
Employer's business, Missouri, and West Virginia; to separate establishments for which separate payrolls
have been maintained, Rhode Island
8 /Optional (by regulation) if successor was not an Employer.
9 /Optional if predecessor and successor were not owned or controlled by same
interest and successor files written notice protesting transfer within 4 months; otherwise
mandatory, New Jersey; transfer mandatory if same interests owned or controlled both the predecessor
and the successor, Pennsylvania; transfer mandatory if ownership of both entities is substantially
the same, South Dakota.
10 /Successor Employers may pay the maximum tax rate if the transferring Employer elected
to transfer the business, Pennsylvania; successor Employers will be assigned the appropriate new Employer rate
if the successor does not assume the experience of the predecessor, and mandatory transfer of an
experience rating account may be waived if the inherent nature of the employing unit was
substantially and permanently changed since July 1, 1988, South Dakota.
11 / Any business purchased free and clear of liens through bankruptcy will receive
the State average contribution rate, if contribution rate for the predecessor business is greater
than the State average. Otherwise the successor business assumes the predecessors experience.