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Proposed measures of unemployment tax-rate manipulation enforcement

Summary ETA proposed changes to the ETA 581 report and Tax Performance System reviews to measure state detection and enforcement of unemployment tax-rate manipulation, and sought states to test them. The attachment provides proposed report items. ETA still lists the letter as Active, but its printed expiration date was August 11, 2010 and later guidance addressed these revisions; current applicability is unclear.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 33-09
Date issued
August 11, 2009
Status
Unknown
ETA lists this letter Active as of 2026-10-24, but its PDF prints an expiration date of August 11, 2010 and describes proposed reporting changes later addressed in UIPL 02-11. Current applicability is unclear.
Status last verified October 24, 2026

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The current status of this document is unclear
ETA lists this letter Active as of 2026-10-24, but its PDF prints an expiration date of August 11, 2010 and describes proposed reporting changes later addressed in UIPL 02-11. Current applicability is unclear. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
UIPL33-09acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL33-09acc.pdf)

                                                      CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION                UI
            ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
       U.S. DEPARTMENT OF LABOR                       OWS/DUIO
          Washington, D.C. 20210                      DATE
                                                      August 11, 2009


 ADVISORY:         UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 33-09

 TO:               STATE WORKFORCE AGENCIES

 FROM:             JANE OATES /s/
                   Assistant Secretary

 SUBJECT:          Measuring State Effectiveness in Implementing State Unemployment Tax Act
                   (SUTA) Dumping Detection and Enforcement Procedures


    1. Purpose. To notify states of upcoming changes to the collection and reporting of data on the
    ETA 581 Contributions Operations report and the Tax Performance System (TPS) program
    reviews intended to measure the effectiveness of state SUTA dumping detection and
    enforcement methods and to solicit state volunteers to test these changes.

    2. References. Public Law (P.L.) No. 108-295, the “SUTA Dumping Prevention Act of 2004,”
    the Social Security Act (SSA); the Internal Revenue Code (IRC), including the Federal
    Unemployment Tax Act (FUTA); ETA Handbook No. 407; and Unemployment Insurance
    Program Letters (UIPLs) No. 29-83, Change 3, No. 15-84, and No. 30-04 and 30-04,
    Change 1.

    3. Background. The SUTA Dumping Prevention Act of 2004 (the Act) was enacted to curtail
    an employer tax avoidance practice known as SUTA dumping. The Act amended Federal
    law by adding Section 303(k) to the Social Security Act, which required states to amend their
    laws to prohibit certain tax avoidance schemes by January 1, 2006, and to establish
    procedures for detecting these schemes.

    The U.S. Department of Labor (DOL) organized a workgroup of state and Federal staff in the
    summer of 2008 to 1) explore SUTA dumping factors that could be measured and reviewed
    and 2) explore how to collect the data and review the states’ enforcement programs. The
    workgroup recommended that DOL measure state SUTA dumping detection and enforcement
    actions through data captured on a modified ETA 581 report, and also observe and verify state
    SUTA dumping detection activities through enhanced TPS reviews.

    4. Proposed Changes to the ETA 581 – Contributions Operations Report. States report
    summary UI tax operation data to DOL on the quarterly ETA 581 report. DOL uses the data
    to evaluate the states within UI Performs standards, after validating the data to ensure that
    states reported properly. DOL proposes adding three new cells to this report to collect SUTA


  RESCISSIONS                                              EXPIRATION DATE
                                                           August 11, 2010

   dumping data while simultaneously eliminating two cells that are not used for any computed
   measures.

       a. Proposed Cells Added. Section 303(k) requires states to (1) establish procedures to
          identify the transfer or acquisition of a business for purposes of that subsection, (2)
          mandate transfers of experience when there is a transfer of trade or business, or a
          portion thereof, to another employer, and, at the time of the transfer, there is
          substantial common ownership, management or control of the two employers, and (3)
          prohibit transfers of experience whenever a person who is not an employer acquires
          the trade or business of an employer if the state agency finds such person acquired the
          business solely or primarily for the purpose of obtaining a lower rate of contributions.
          DOL proposes to add Line 503, containing three new cells, to the ETA 581 report to
          collect state data that measure the:

               i. Number of mandatory unemployment experience transfers that resulted
                  from SUTA dumping detections and investigations;
              ii. Number of prohibited unemployment experience transfers that resulted
                  from SUTA dumping detections and investigations;
             iii. Amount of additional contributions due from mandatory and prohibited
                  transfers that resulted from SUTA dumping detections and investigations.

       b. Proposed Cells Removed. The ETA 581 was modified in 1989 to collect
          information on employers who have not filed contribution reports as required. States
          were required to calculate and report a reasonable estimate for the amount of UI tax
          due on those delinquent quarterly reports. The data collected in those two cells have
          never been included in the UI Performs computed measures, nor are the data included
          in any other aggregated reports. Therefore, ETA proposes removing the following
          cells from the ETA 581 report:

               i. Line 201, Item 12 – Number of Outstanding Quarters Prior to the Report
                  Quarter;
              ii. Line 201, Item 13 – Total Estimated Contributions Due.

5. TPS. The TPS program and its predecessor, Revenue Quality Control, have been an important
   part of DOL’s UI performance evaluation process. ET Handbook No. 407 states that “The Tax
   Performance System (TPS) is intended to assist State administrators in improving their
   Unemployment Insurance (UI) programs by providing objective information on the quality of
   existing revenue operations. TPS will also serve to help the U.S. Department of Labor carry out
   its oversight, technical assistance, and policy development responsibilities.” In addition to
   collecting data on SUTA dumping activities on the ETA 581 report, DOL will revise the TPS
   Systems Review of the Status Determination tax function to include whether states have
   procedures to identify transfers and acquisitions of businesses to detect SUTA dumping or
   other manipulations of state laws governing the transfer of experience. The review will verify
   that the state agency:

       a. Has written procedures or guidelines to identify and investigate potential SUTA
          dumping activity and/or violations of other state law provisions mandating or denying
          the transfer of experience;


       b. Compiles an automated data base that identifies employers whose movement of
          employees from one quarter to the next might be evidence of SUTA dumping and/or
          violation of other state law provisions that mandate or deny the transfer of experience;

       c. Routinely identifies and assigns for further investigation or action instances of SUTA
          dumping and/or violations of other state law provisions that mandate or deny the
          transfer of experience.

   Unless the review confirms that the state agency conducts all three of the above, the tax
   function will be considered “at risk” and suggestions will be made for improvement. TPS
   acceptance sampling will not be performed for SUTA dumping activities. The TPS review,
   together with the additional data collected on the revised ETA 581 report, will enable DOL
   to measure the effectiveness of state performance with respect to meeting the requirements of
   the SUTA Dumping Prevention Act.

6. Timeline. Reporting changes to the ETA 581 report are planned for the quarter ending
   March 31, 2011. Changes to the TPS program are planned for the review of the 2010
   calendar year tax operations, conducted during 2011.

7. Action Requested. State administrators should share this information with appropriate staff
   and contact the appropriate Regional Office if the state is interested in participating in a pilot
   to test the changes. States should specify whether they want to test the modified ETA 581
   report, the TPS evaluation, or both.

8. Inquires. Questions concerning this advisory should be directed to your Regional Office.

9. Attachments. ETA 581 Contributions Operations report, current and proposed.

UIPL33-09a.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL33-09a.pdf)

    A.      Facsimile of Form

                                    ETA 581 - CONTRIBUTION OPERATIONS
    STATE               REGION                                              REPORT FOR PERIOD ENDING



                                        End Quarter Employers                                 Delinquenc         Total Number Wage
                                                                                                   y              Items Received
                                                                                                Cutoff
  Employer       Line   Contributory          Reim-                       Total                  Date
   Count          101                       bursement
                            (1)                (2)                          (3)                     (4)                   (5)


                                        Contributory Employers                                        Reimbursing Employers
                           Filing            Secured                     Resolved               Filing          Secured     Resolved
                           Timely                                                               Timely

   Employer                 (6)                (7)                          (8)                     (9)          (10)            (11)
 Reports for     201
  Preceding
   Quarters
                                     Number Outstanding Quarters                                           Total Estimated
                                       Prior to Report Quarter                                            Contributions Due
                                                      (12)                                                       (13)


                                     Newly Established Employers                                          Successor Employers
                           Number             Time                         Time                 Number           Time            Time
                                              Lapse                       Lapse                                 Lapse           Lapse
                                              <=90                        <=180                                  <=90           <=180

    Status                  (14)               (15)                        (16)                  (17)            (18)            (19)
                 301
Determinations

                                      Inactivations/Terminations
                                                      (20)


                                    Total                      Deter-                          Declared        Removed          Total
                                  Beginning                     mined         Liquidated        Uncol-           End             End
                                    Period                   Receivable                        lectible         Period          Period
                                     (21)                         (22)              (23)         (24)            (25)            (26)
Contributory
 Employers       401
Receivables
                                            Number Employers
                                       Owing Receivables in (26)
                                                      (27)


                          6 Months           9 Months             12 Months                15 Months           Over 15
   Age of                 or Less                                                                               Months
Contributory     402
Receivables                 (28)               (29)                  (30)                    (31)                (32)


                           Total              Deter-                                       Declared            Removed          Total
                         Beginning            mined               Liquidated                Uncol-               End             End
                           Period           Receivable                                     lectible             Period          Period
                            (33)               (34)                  (35)                    (36)                (37)            (38)
 Reimbursing
  Employers      403
 Receivables
                                       Number Employers
                                   Owing Receivables in (38)
                                               (39)




                               6 Months             9 Months               12 Months                15 Months              Over 15
   Age of                      or Less                                                                                      Months
Reimbursing         404
Receivables                       (40)                 (41)                  (42)                      (43)                  (44)



                                                    Number of Audits                                                   Calendar
                                                                                                                   Quarters Audited
                                 Large               Change                 Total Audits
                               Employers             Audits
                                  (45)                 (46)                      (47)                                       (48)
                     501

                                 Total Wages Audited                        Hours Spent                Number of Employees Misclassified
                                                                             Auditing                      as Independent Contractors
                               Pre-Audit           Post-Audit
                                  (49)                 (50)                      (51)                                       (52)
  Audit
 Activity
                                                                            Amount Underreported
                                       Total Wages                         Taxable Wages                              Contributions
                                            (53)                                 (54)                                       (55)

                    502
                                                                             Amount Overreported
                                       Total Wages                         Taxable Wages                              Contributions
                                            (56)                                 (57)                                       (58)




  Comments:

  O M B No.: 1205-0178                  O M B Expiration Date: 12/31/2011                      O M B Burden Hours: 510 Minutes
  O M B Burden Statement: These reporting instructions have been approved under the Paperwork reduction Act of 1995. Persons are
  not required to respond to this collection of information unless it displays a valid OMB control number. Public reporting burden for this
  collection of information includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
  needed, and completing and reviewing the collection of information. Submission is mandatory under SSA 303(a)(6). Send comments
  regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
  U.S. Department of Labor, Office of Workforce Security, Room S-4231, 200 Constitution Ave., NW, Washington, DC, 20210.





   A.   Facsimile of Form – Proposed Revision
                                    ETA 581 - CONTRIBUTION OPERATIONS
    STATE               REGION                                     REPORT FOR PERIOD ENDING
                                                                          March 31, 2011
                                     End Quarter Employers                                                    Total
                                                                                      Delinquency          Number Wage
                                             Reim-                                    Cutoff Date             Items
  Employer       Line    Contributory      bursement               Total
                                                                                                            Received
    Count        101
                             (1)                 (2)                (3)                    (4)                 (5)


                                    Contributory Employers                              Reimbursing Employers
                           Filing          Secured              Resolved          Filing         Secured    Resolved
                           Timely                                                 Timely
                            (6)              (7)                    (8)            (9)            (10)        (11)
  Employer
 Reports for
  Preceding      201
  Quarters                        Number Outstanding Quarters                               Total Estimated
                                    Prior to Report Quarter                                Contributions Due
                                                 (12)                                              (13)
                            Reporting in this cell discontinued                        Reporting in this cell
                                          3/31/11                                       discontinued 3/31/11
                                  Newly Established Employers                            Successor Employers
                           Number            Time                   Time          Number           Time        Time
                                            Lapse                  Lapse                          Lapse       Lapse
                                             <=90                  <=180                           <=90       <=180

    Status                  (14)            (15)                   (16)            (17)           (18)        (19)
                 301
Determinations

                                   Inactivations/Terminations
                                                 (20)


                             Total            Deter-                             Declared        Removed     Total
                           Beginning          mined             Liquidated        Uncol-           End        End
                             Period         Receivable                           lectible         Period     Period
                             (21)                 (22)               (23)          (24)           (25)        (26)
Contributory
  Employers      401
 Receivables
                                        Number Employers
                                   Owing Receivables in (26)
                                                 (27)


                         6 Months       9 Months         12 Months           15 Months           Over 15
   Age of                 or Less                                                                 Months
Contributory     402
 Receivables               (28)           (29)              (30)               (31)               (32)


                          Total          Deter-                              Declared            Removed     Total
                        Beginning        mined           Liquidated           Uncol-               End        End
                         Period        Receivable                            lectible             Period     Period
                           (33)           (34)              (35)               (36)               (37)        (38)
 Reimbursing
  Employers      403
 Receivables
                                  Number Employers
                             Owing Receivables in (38)
                                          (39)




                               6 Months            9           12 Months               15 Months            Over 15
  Age of                        or Less         Months                                                       Months
Reimbursing          404
Receivables                       (40)           (41)              (42)                    (43)                (44)


                                                 Number of Audits
                                                                                                             Calendar
                                Large              Change              Total Audits                      Quarters Audited
                              Employers            Audits
                                  (45)              (46)                    (47)                                  (48)

                      501
                                Total Wages Audited                    Hours Spent                  Number of Employees
                                                                        Auditing                Misclassified as Independent
                              Pre-Audit         Post-Audit                                              Contractors
                                  (49)              (50)                    (51)                                  (52)


                                                                     Amount Underreported
                                      Total Wages                     Taxable Wages                        Contributions
   Audit
 Activity                                  (53)                             (54)                                  (55)

                     502
                                                                      Amount Overreported
                                      Total Wages                     Taxable Wages                        Contributions
                                           (56)                             (57)                                  (58)


                             NEW FOR 3/31/2011 *** SUTA Dumping Detection Activity *** NEW FOR 3/31/2011
                             Number Mandatory            Number Prohibited Transfers                    Amount of Additional
                                 Transfers                                                                Contributions Due
                      503
                                      (##)                                (##)                                      (##)
                               New Reporting                   New Reporting (NNN)                       New Reporting ($$$)
                                   (NNN)
 Comments:

 O M B No.: 1205-0178                  O M B Expiration Date: 12/31/2011                      O M B Burden Hours: 510 Minutes
 O M B Burden Statement: These reporting instructions have been approved under the Paperwork reduction Act of 1995. Persons are
 not required to respond to this collection of information unless it displays a valid OMB control number. Public reporting burden for this
 collection of information includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data
 needed, and completing and reviewing the collection of information. Submission is mandatory under SSA 303(a)(6). Send comments
 regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
 U.S. Department of Labor, Office of Workforce Security, Room S-4231, 200 Constitution Ave., NW, Washington, DC, 20210.

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