- Who handles it
- The Pennsylvania Department of Labor and Industry, Office of Unemployment Compensation Tax Services
- What gets filed
- An application to transfer the employment record, such as Form UC-15, and final reports for the seller's own account
- Timing
- Raise it before closing, since the transfer can also happen automatically by law when a business or part of it changes hands
Watch for: Treating the transfer as optional. A successor can inherit the seller's record, good or bad, and unfiled reports can hold up clearance.
This guide is general information and is not tax or legal advice. Confirm every step with your attorney, your CPA and the Department of Labor and Industry.
What Moves With the Business
Each employer has an experience record that helps set its rate. When a business or part of it is acquired, Pennsylvania law can pass that record and the account balance to the buyer as the successor.
That means a seller with a clean record can hand the buyer a lower rate, and a seller with many claims can hand over a heavier one. Buyers ask, so know your record.
The Application
An acquiring business can apply to take over all or part of the former owner's record. The application includes a certification that the transfer had a real business purpose and was not made mainly to get a lower rate.
When only part of a business moves, the department uses a partial transfer process with a list of the employees and wages involved. Your payroll provider or CPA can help assemble it.
Reports Still Due From the Seller
Quarterly wage reports and contributions must be filed through the date of the sale. An unpaid balance or missing report can hold up the clearance buyers ask for, so settle the account before closing.
See how this ties to the bulk sale clearance, which asks the same department to check your account.
Points to Settle in the Contract
- Who files the transfer application, and by when.
- Who pays any balance found after closing.
- How employees are told and when their pay changes hands.
- What happens to workers who do not move to the buyer.
Why Employees Care
Staff are often more anxious about their pay than about the sale. Planning the payroll handoff with the buyer, including who reports wages on which date, prevents errors and keeps people calm.
Confirm with your attorney how final pay and accrued time are handled.
When the Sale Is a Stock Sale
If the buyer purchases the shares, the employer stays the same and the account usually stays with the company. Even then, report the change in ownership and keep reports current, and ask your attorney how the department treats the deal.
Practical Steps for Sellers
- Pull your account history and confirm all reports are filed.
- Tell your attorney whether the whole business or a part is moving.
- Agree on the application with the buyer before the contract is final.
- File final reports and keep copies.
Companies with many employees, such as staffing agencies and home care agencies, feel this most. Ready? Request a valuation.
