Instructions For Form 944-X - Adjusted Employer'S Annual Federal Tax Return Or Claim For Refund Page 5

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If you overreported the tax. If you overreported the tax on
Do not check the box on line 1 if you are correcting
!
a previously filed Form 944, choose one of the following
overreported amounts and the period of limitations on
options.
credit or refund for Form 944 will expire within 90 days
CAUTION
Use the adjustment process. Check the box on line 1 to apply
of the date you file Form 944-X. Instead, check the box on line
any credit (negative amount) from line 20 to Form 944 for the
2. See Is There a Deadline for Filing Form 944-X, earlier.
year during which you file Form 944-X.
2. Claim
Use the claim process. Check the box on line 2 to file a claim
on Form 944-X requesting a refund or abatement of the
Check the box on line 2 to use the claim process if you are
amount shown on line 20.
correcting overreported amounts only and you are claiming a
refund or abatement for the negative amount (credit) shown on
To ensure the IRS has enough time to process a credit
line 20. Do not check this box if you are correcting any
for an overreporting adjustment in the year in which
underreported amounts on this form.
TIP
you file Form 944-X, you are encouraged to file Form
You must check the box on line 2 if you have a credit and
944-X correcting the overreported amount in the first 11 months
the period of limitations on credit or refund for Form 944 will
of a year. For example, if you discover an overreported amount
expire within 90 days of the date you file Form 944-X. See Is
in December, you may want to file Form 944-X during the first
There a Deadline for Filing Form 944-X, earlier.
11 months of the next year. This should ensure the IRS will
have enough time to process the Form 944-X so the credit will
The IRS usually processes claims shortly after they are filed.
be posted before you file Form 944, thus avoiding an erroneous
The IRS will notify you if your claim is denied, accepted as filed,
balance due notice from the IRS. See the example below. If you
or selected to be examined. See Pub. 556, Examination of
currently file Form 941 instead of Form 944 and will claim a
Returns, Appeal Rights, and Claims for Refund, for more
credit on Form 941, file Form 944-X in the first 2 months of a
information.
quarter in any quarter before the expiration of the period of
Unless the IRS corrects Form 944-X during processing or
limitations on Form 944. In the year of the expiration of the
you owe other taxes, penalties, or interest, the IRS will refund
period of limitations on Form 944, file Form 944-X at least 90
the amount shown on line 20, plus any interest that applies.
days before the expiration date.
Part 2: Complete the Certifications
Example — You want your overreported tax applied as a
credit on Form 944. On December 18, 2012, you discover
you overreported your tax on your 2011 Form 944 and want to
You must complete all certifications that apply by checking the
choose the adjustment process. To allow the IRS enough time
appropriate boxes. If all of your corrections relate to
to process the credit, you file Form 944-X on January 2, 2013,
underreported amounts, complete line 3 only; skip lines 4 and 5
and take the credit on your 2013 Form 944.
and go to Part 3. If your corrections relate to overreported
amounts, you have a duty to ensure that your employees’ rights
to recover overpaid employee social security and Medicare
taxes that you withheld are protected. The certifications on lines
Specific Instructions:
4 and 5 address the requirement to (a) repay or reimburse your
employees for the overcollection of employee social security
and Medicare taxes or (b) obtain consents from your employees
Part 1: Select ONLY One Process
to file a claim on their behalf.
Because Form 944-X may be used to file either an adjusted
3. Filing Forms W-2 or Forms W-2c
employment tax return or a claim for refund or abatement, you
Check the box on line 3 to certify that you filed or will file Forms
must check one box on either line 1 or line 2. Do not check
W-2 or Forms W-2c, whichever is appropriate, as required,
both boxes.
showing your employees’ correct wage and tax amounts. See
the Instructions for Forms W-2 and W-3 and the Instructions for
1. Adjusted Employment Tax Return
Forms W-2c and W-3c for detailed information about filing
Check the box on line 1 if you are correcting underreported
requirements. References to Form W-2 on Form 944-X and in
amounts or overreported amounts and you would like to use the
these instructions also apply to Forms W-2AS, W-2CM,
adjustment process to correct the errors.
W-2GU, and W-2VI unless otherwise noted.
If you are correcting both underreported amounts and
You must check the box on line 3 to certify that you filed
overreported amounts on this form, you must check this box. If
Forms W-2 or Forms W-2c even if your corrections on Form
you check this box, any negative amount shown on line 20 will
944-X do not change amounts shown on those forms. For
be applied as a credit (tax deposit) to your Form 944 or Form
example, if your only correction to Form 944 involves misstated
941 for the period in which you are filing this form. See
tax adjustments (see the instructions for line 12), check the box
Example — You want your overreported tax applied as a credit
on line 3 to certify that you already filed all required Forms W-2
on Form 944 above.
and W-2c.
4. Certifying Overreporting Adjustments
If you owe tax. Pay the amount shown on line 20 when you
file Form 944-X. Generally, you will not be charged interest if
If you overreported federal income tax, social security tax, or
you file on time, pay on time, enter the date you discovered the
Medicare tax and checked the box on line 1, check the
error, and explain the correction on line 23.
appropriate box on line 4. You may need to check more than
one box. If you obtained written statements from some
If you have a credit. You overreported employment taxes
employees but you could not locate or secure the cooperation
(you have a negative amount on line 20) and want the IRS to
of the remaining employees, check all applicable boxes.
apply the credit on Form 944 (or Form 941) for the period
Provide a summary on line 23 of the amount of the corrections
during which you filed Form 944-X. The IRS will apply your
for the employees who provided written statements and for
credit to the first day of the Form 944 year (or Form 941
those who did not.
quarter) during which you filed Form 944-X. However, the credit
you show on line 20 of Form 944-X may not be fully available
4a. Check the box on line 4a if your overreported amount
on your Form 944 (or Form 941) if the IRS corrects it during
includes each affected employee’s share of overcollected taxes.
processing or you owe other taxes, penalties, or interest. The
You are certifying that you repaid or reimbursed the employees’
IRS will notify you if your claimed credit changes or if the
share of prior year taxes and you received written statements
amount available as a credit on Form 944 or Form 941 was
from the employees stating that they did not and will not receive
reduced because of unpaid taxes, penalties, or interest.
a refund or credit for the prior year taxes.
-4-
Instructions for Form 944-X

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