Instructions For Form 941-X - Adjusted Employer'S Quarterly Federal Tax Return Or Claim For Refund - 2010 Page 3

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Example — You owe tax: On February 11, 2010, you
Call the IRS toll-free at 1-800-829-4933 (TTY/TDD for the
hearing impaired at 1-800-829-4059),
discover that you underreported $10,000 of social security and
Visit the IRS website at
and click on
Medicare wages on your 2009 fourth quarter Form 941. File
“Employment Taxes for Businesses,” or
Form 941-X and pay the amount you owe by April 30, 2010,
Get Pub. 15 (Circular E), Employer’s Tax Guide, for
because you discovered the error in the first quarter of 2010,
correcting Form 941, or Pub. 80 (Circular SS), Federal Tax
and April 30, 2010, is the due date for that quarter. If you file
Guide for Employers in the U.S. Virgin Islands, Guam,
Form 941-X before April 30, pay the amount you owe when you
American Samoa, and the Commonwealth of the Northern
file.
Mariana Islands, for correcting Form 941-SS.
Overreported tax — credit. If you overreported tax on Form
See also How Can You Order Forms and Publications from
941 and choose to apply the credit to Form 941 or Form 944,
the IRS? on page 10.
file Form 941-X soon after you discovered the error but more
than 90 days before the period of limitations on the credit or
When Should You File Form 941-X?
refund for Form 941 expires. See Is There a Deadline for Filing
Form 941-X? below.
File Form 941-X when you discover an error on a previously
Overreported tax — claim. If you overreported tax on Form
filed Form 941.
941, you may choose to file a claim for refund or abatement on
However, if your only errors on Form 941 relate to the
Form 941-X any time before the period of limitations on credit or
number of employees who received wages or to federal tax
refund expires on Form 941. If you need to correct any
liabilities reported in Part 2 of Form 941 or on Schedule B
underreported amounts, you must file another Form 941-X
(Form 941), do not file Form 941-X. For more information about
reporting only corrections to the underreported amounts. See Is
correcting federal tax liabilities reported in Part 2 of Form 941 or
There a Deadline for Filing Form 941-X? below.
on Schedule B (Form 941), see the Instructions for Schedule B
If you discovered an error on or before December 31,
(Form 941).
2008, but did not report it as a line adjustment on Form
TIP
Due dates. The due date for filing Form 941-X depends on
941 for any quarter that ended before 2009 and did not
when you discover an error and if you underreported or
file a claim (Form 843), you may use Form 941-X to correct the
overreported tax. If you underreported tax, see Underreported
error. File Form 941-X for the quarter in which you made the
tax below. For overreported amounts, you may choose to either
error.
make an interest-free adjustment or file a claim for refund or
abatement. If you are correcting overreported amounts, see
Is There a Deadline for Filing Form
Overreported tax — credit or Overreported tax — claim below.
941-X?
If any due date falls on a Saturday, Sunday, or legal holiday,
you may file Form 941-X on the next business day. If we
receive Form 941-X after the due date, we will treat Form 941-X
Generally, you may correct overreported taxes on a previously
as filed on time if the envelope containing Form 941-X is
filed Form 941 if you file Form 941-X within 3 years of the date
properly addressed, contains sufficient postage, and is
Form 941 was filed or 2 years from the date you paid the tax
postmarked by the U.S. Postal Service on or before the due
reported on Form 941, whichever is later. You may correct
date, or sent by an IRS-designated private delivery service on
underreported taxes on a previously filed Form 941 if you file
or before the due date. If you do not follow these guidelines, we
Form 941-X within 3 years of the date the Form 941 was filed.
will consider Form 941-X filed when it is actually received. See
We call each of these time frames a “period of limitations.” For
Pub. 15 (Circular E) or Pub. 80 (Circular SS) for more
purposes of the period of limitations, Forms 941 for a calendar
information on IRS-designated private delivery services.
year are considered filed on April 15 of the succeeding year if
filed before that date.
Underreported tax. If you are correcting underreported tax,
Example: You filed your 2008 fourth quarter Form 941 on
you must file Form 941-X by the due date of the return for the
January 27, 2009, and payments were timely made. The IRS
return period in which you discovered the error and pay the
treats the return as if it were filed on April 15, 2009. On January
amount you owe when you file. Doing so will generally ensure
20, 2012, you discover that you overreported social security
that your correction is interest free and not subject to
and Medicare wages on that form by $350. To correct the error
failure-to-pay or failure-to-deposit penalties. See What About
you must file Form 941-X by April 15, 2012, which is the end of
Penalties and Interest? on page 3. For details on how to make
the period of limitations for Form 941, and use the claim
a payment, see the instructions for line 20 on page 9.
process.
If you discover an error in . . . . . . .
Form 941-X is due . . .
If you file Form 941-X to correct overreported amounts
!
in the last 90 days of a period of limitations (after
January 15, 2012, in the example above), you must use
CAUTION
1. January, February, March
April 30
the claim process. You cannot use the adjustment process. If
2. April, May, June
July 31
you are also correcting underreported amounts, you must file
3. July, August, September
October 31
another Form 941-X to correct the underreported amounts
4. October, November, December
January 31
using the adjustment process and pay any tax due.
The dates shown in the table above apply only to corrections of
Where Should You File Form 941-X?
underreported amounts. If any due date falls on a Saturday,
Sunday, or legal holiday, you may file Form 941-X on the next
Send your completed Form 941-X to the Internal Revenue
business day.
Service Center shown on page 3.
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