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

Who Must File Form 941?

If Your Business Has Closed . . .

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

Use Form 941 to report the following amounts.

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

Wages you have paid.

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

Tips your employees reported to you.

the box on line 15 and enter the date you last paid wages.

Federal income tax you withheld.

Also attach a statement to your return showing the name of

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

the person keeping the payroll records and the address

security and Medicare taxes.

where those records will be kept.

Additional Medicare Tax withheld from employees.

Current quarter's adjustments to social security and

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

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

information about earlier dates for the expedited furnishing

group-term life insurance.

and filing of Forms W-2, Wage and Tax Statement, when a

final Form 941 is filed.

Don't use Form 941 to report backup withholding or

income tax withholding on nonpayroll payments such as

If you participated in a statutory merger or consolidation,

pensions, annuities, and gambling winnings. Report these

or qualify for predecessor-successor status due to an

types of withholding on Form 945, Annual Return of Withheld

acquisition, you should generally file Schedule D (Form 941),

Federal Income Tax.

Report of Discrepancies Caused by Acquisitions, Statutory

Mergers, or Consolidations. See the Instructions for

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

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

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

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

filed a final return or one of the exceptions listed next applies.

When Must You File?

Exceptions

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

Special rules apply to some employers.

wages that are subject to social security and Medicare taxes

Seasonal employers don't have to file a Form 941 for

or subject to federal income tax withholding. See the table

quarters in which they have no tax liability because they have

titled When To File Form 941, later.

paid no wages. To tell the IRS that you won't file a return for

one or more quarters during the year, check the box on

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

line 16 every quarter you file Form 941. See section 12 of

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

Pub. 15 for more information.

a seasonal employer or are filing your final return. See

Employers of household employees don't usually file

Seasonal employers and If Your Business Has Closed

Form 941. See Pub. 926 and Schedule H (Form 1040) for

above.

more information.

Employers of farm employees don't usually file Form 941.

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

See Form 943 and Pub. 51 for more information.

electronically, don't file a paper Form 941. For more

information about filing Form 941 electronically, see

If none of the above exceptions applies and you

Electronic filing and payment, earlier.

haven't filed a final return, you must file Form 941

TIP

each quarter even if you didn't pay wages during the

When To File Form 941

quarter. Use IRS e-file, if possible.

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

What if You Reorganize or Close Your

quarter.

Business?

Form 941

The Quarter Includes . . .

Quarter Ends

Is Due

If You Sell or Transfer Your Business . . .

1. January, February, March

March 31

April 30

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

2. April, May, June

June 30

July 31

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

3. July, August, September

September 30

October 31

occurred. Report only the wages you paid.

4. October, November, December

December 31

January 31

When two businesses merge, the continuing firm must file

For example, you generally must report wages you pay

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

during the first quarter—which is January through March—by

the other firm should file a final return.

April 30. If you made timely deposits in full payment of your

taxes for the quarter, you may file by the 10th day of the

Changing from one form of business to another—such as

second month that follows the end of the quarter. For

from a sole proprietorship to a partnership or corporation—is

example, you may file Form 941 by May 10 if you made

considered a transfer. If a transfer occurs, you may need a

timely deposits in full payment of your taxes for the first

new EIN. See section 1 of Pub. 15. Attach a statement to

quarter.

your return with:

The new owner's name (or the new name of the business);

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

Whether the business is now a sole proprietorship,

Form 941 as filed on time if the envelope containing Form

partnership, or corporation;

941 is properly addressed, contains sufficient postage, and is

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

postmarked by the U.S. Postal Service on or before the due

The date of the change; and

date, or sent by an IRS-designated private delivery service

The name of the person keeping the payroll records and

on or before the due date. If you don't follow these

the address where those records will be kept.

guidelines, we generally will consider Form 941 filed when it

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Instructions for Form 941 (Rev. 1-2016)

Instructions For Form 941 - Employer'S Quarterly Federal Tax Return - 2016 Page 3

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