SBEA Overview

Introduction to Certified PEOs and the Small Business Efficiency Act

The IRS provides a voluntary program through which PEOs can apply for certification, under the Tax Increase Prevention Act of 2014. This act includes within it the Small Business Efficiency Act, or SBEA. A certified PEO under this system is called a CPEO.

Registering as a CPEO provides additional institutional legitimacy to PEOs by requiring them to:

Maintain a bond with the IRS for the year
Submit annual, independent CPA audits to the IRS
Submit independently certified, quarterly assertions to the IRS demonstrating payment of employment taxes
Pay an annual fee to remain certified

The act also provides benefits for both CPEOs and their clients:

Guarantees that PEO clients still qualify for any applicable federal tax credits
Removes any federal payroll tax liability from the PEO's clients
Guarantees that clients are not double-taxed if they join or leave a CPEO mid-year
Provides the CPEO with a federal tax credit for the SUTA taxes they pay

SBEA Reporting Requirements

Every year, CPEOs must submit two additional forms to the IRS. These forms detail PEO tax liabilities, broken out client by client:

Form 940 Schedule R: specifies federal unemployment tax (FUTA)
Form 941 Schedule R: specifies federal income tax, OASDI (Social Security) tax, and Medicare taxes

For more information about these forms, consult this page on the IRS website.