Instructions For Form 941 - Employer'S Quarterly Federal Tax Return

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paychecks – certain amounts for federal income tax, social

whether the business is now a sole proprietorship,

security tax, and Medicare tax. Under the withholding

partnership, or corporation;

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system, taxes withheld from your employees are credited to

the kind of change that occurred (a sale or transfer);

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your employees in payment of their tax liabilities.

the date of the change; and

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the name of the person keeping the payroll records and

Federal law also requires you to pay any liability for the

the address where those records will be kept.

employer’s portion of social security and Medicare taxes.

This portion of social security and Medicare taxes is not

If your business has closed . . .

withheld from employees.

If you go out of business or stop paying wages to your

employees, you must file a final return. To tell the IRS that

Who Must File Form 941?

Form 941 for a particular quarter is your final return, check

the box on line 16 and enter the date you last paid wages.

Use Form 941 to report the following amounts.

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Also attach a statement to your return showing the name of

Wages you have paid.

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the person keeping the payroll records and the address

Tips your employees have received.

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where those records will be kept.

Federal income tax you withheld.

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Both the employer’s and the employee’s share of social

See the Instructions for Forms W-2 and W-3 for

security and Medicare taxes.

information about earlier dates for the expedited furnishing

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Current quarter’s adjustments to social security and

and filing of Forms W-2 when a final Form 941 is filed.

Medicare taxes for fractions of cents, sick pay, tips, and

If you participated in a statutory merger or consolidation,

group-term life insurance.

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or qualify for predecessor-successor status due to an

Prior quarters’ adjustments to payroll taxes (attach

acquisition, you should generally file Schedule D (Form

Form 941c). If you discover an error after 2008, you must

941), Report of Discrepancies Caused by Acquisitions,

use Form 941-X to make corrections to a previously

Statutory Mergers, or Consolidations. See the Instructions

filed Form 941.

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for Schedule D (Form 941) to determine whether you should

Advance earned income tax credit (EIC) payments.

file Schedule D (Form 941) and when you should file it.

Do not use the Form 941 to report backup withholding or

income tax withholding on nonpayroll payments such as

When Must You File?

pensions, annuities, and gambling winnings. Report these

types of withholding on Form 945, Annual Return of

File your initial Form 941 for the quarter in which you first

Withheld Federal Income Tax.

paid wages that are subject to social security and Medicare

After you file your first Form 941, you must file a return

taxes or subject to federal income tax withholding. See the

for each quarter, even if you have no taxes to report, unless

table below titled, When To File Form 941.

you filed a final return or one of the exceptions listed below

Then you must file for every quarter after that — every 3

applies.

months — even if you have no taxes to report, unless you

Exceptions

are a seasonal employer or are filing your final return. See

Seasonal employers and If your business has closed . . .

Special rules apply to some employers.

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above.

Seasonal employers do not have to file a Form 941 for

quarters in which they have no tax liability because they

File Form 941 only once for each quarter. If you filed

have paid no wages. To tell the IRS that you will not file a

electronically, do not file a paper Form 941. For more

return for one or more quarters during the year, check the

information about filing Form 941 electronically, see

box on line 17 every quarter you file Form 941. See

Electronic filing and payment on page 1.

section 12 of Pub. 15 (Circular E) for more information.

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Employers of household employees do not usually file

When To File Form 941

Form 941. See Pub. 926, Household Employer’s Tax Guide,

Your Form 941 is due by the last day of the month that follows the end of the

and Schedule H (Form 1040), Household Employment

quarter.

Taxes, for more information.

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Employers of farm employees do not usually file

Form 941

The Quarter Includes . . .

Quarter Ends

Is Due

Form 941. See Form 943, Employer’s Annual Tax Return for

Agricultural Employees, and Pub. 51 (Circular A),

1. January, February, March

March 31

April 30

Agricultural Employer’s Tax Guide.

2. April, May, June

June 30

July 31

If none of the above exceptions applies and you

3. July, August, September

September 30

October 31

TIP

have not filed a final return, you must file Form 941

4. October, November, December

December 31

January 31

each quarter even if you did not pay wages during

the quarter. Use IRS e-file, if possible.

For example, generally you must report wages you pay

What if you reorganize or close your

during the first quarter — which is January through

business?

March — by April 30th. If you made timely deposits in full

payment of your taxes for a quarter, you have 10 more days

If you sell or transfer your business . . .

after the due dates shown above to file your Form 941.

If you sell or transfer your business, you and the new owner

If we receive Form 941 after the due date, we will treat

must each file a Form 941 for the quarter in which the

Form 941 as filed on time if the envelope containing

transfer occurred. Report only the wages you paid.

Form 941 is properly addressed, contains sufficient postage,

and is postmarked by the U.S. Postal Service on or before

When two businesses merge, the continuing firm must file

the due date, or sent by an IRS-designated private delivery

a return for the quarter in which the change took place and

service on or before the due date. If you do not follow these

the other firm should file a final return.

guidelines, we will consider Form 941 filed when it is

Changing from one form of business to another — such as

actually received. See Pub. 15 (Circular E) for more

from a sole proprietorship to a partnership or

information on IRS-designated private delivery services.

corporation — is considered a transfer. If a transfer occurs,

you may need a new EIN. See section 1 of Pub. 15 (Circular

If any due date for filing shown above falls on a Saturday,

E). Attach a statement to your return with:

Sunday, or legal holiday, you may file your return on the

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the new owner’s name (or the new name of the business);

next business day.

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Instructions For Form 941 - Employer'S Quarterly Federal Tax Return - 2008 Page 3

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