E-file and E-pay Mandate for Employers – AB 1245

Assembly Bill (AB) 1245 requires all employers to electronically submit their employment tax returns, wage reports, and payroll tax deposits to the EDD. You can use e-Services for Business to comply with the e-file and e-pay mandate.

Use e-Services for Business

e-Services for Business is a fast, easy, and secure way to manage your employer payroll tax accounts online. With e-Services for Business, you can do the following and more:

  • Register, close, or re-open an employer payroll tax account.
  • File, adjust, and print returns and reports.
  • Make payroll tax deposits and pay other liabilities.
  • View and update account information.

e-Services for Business includes these benefits:

  • Provides immediate confirmation when your return, report, or payment is received.
  • Processes returns and payments faster than by mail.
  • Increases data accuracy and protects data through encryption.
  • Saves time by storing basic account information for future transactions.
  • Reduces paper and mailing costs and eliminates lost mail.

Waiver

This mandate contains a waiver provision if you are unable to electronically submit your employment tax returns, wage reports, and payroll tax deposits.

To request a waiver, you must complete and submit the E-file and E-pay Mandate Waiver Request (DE 1245W) (PDF). If you can’t download and print this form, you can contact the Taxpayer Assistance Center at 1-888-745-3886 or visit an Employment Tax Office.

Fax waiver requests to 1-916-255-1181 or mail to:

Employment Development Department
Document and Information Management Center
PO Box 989779
West Sacramento, CA 95798-9779

Note: Waiver requests will only be accepted by mail or fax.

You will be notified by mail if your waiver is approved or denied. An approved waiver will be valid for one year. Once the approval period ends, you must start to electronically file and pay, or submit a new waiver request to avoid a non-compliance penalty.

Penalties for Non-Compliance

You will be charged these penalties for non-compliance per sections 1112, 1112.1, and 1114 of the California Unemployment Insurance Code. You can use e-Services for Business to meet the requirements of the mandate and avoid penalties.

Penalties based on the type of return, report, or payment.
Type Forms Penalty
Tax Returns
  • DE 9 – Quarterly Contribution Return and Report of Wages
  • DE 3HW – Employer of Household Worker(s) Annual Payroll Tax Return
  • DE 3D – Quarterly Contribution Return
 $50 per return
Wage Reports
  • DE 9C – Quarterly Contribution Return and Report of Wages (Continuation)
  • DE 3BHW – Employer of Household Worker(s) Quarterly Report of Wages and Withholdings
 $20 per wage item
Payments
  • DE 88 – Payroll Tax Deposit
 15% of amount due

Other Electronic Filing and Payment Options

The following options also fulfill the e-file and e-pay mandate:

Additional Resources