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Free 1040 Publication 547 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. Free 1040 Tax questions. Free 1040 Useful Items - You may want to see: What's New Section C of Form 4684 for Ponzi-type investment schemes. Free 1040  Section C of Form 4684 is new for 2013. Free 1040 You must complete Section C if you are claiming a theft loss deduction due to a Ponzi-type investment scheme and are using Revenue Procedure 2009-20, as modified by Revenue Procedure 2011-58. Free 1040 Section C of Form 4684 replaces Appendix A in Revenue Procedure 2009-20. Free 1040 You do not need to complete Appendix A. Free 1040 For details, see Losses from Ponzi-type investment schemes , later. Free 1040 Reminders Future developments. Free 1040   For the latest information about developments related to Publication 547, such as legislation enacted after it was published, go to www. Free 1040 irs. Free 1040 gov/pub547. Free 1040 Photographs of missing children. Free 1040  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Free 1040 Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Free 1040 You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Free 1040 Introduction This publication explains the tax treatment of casualties, thefts, and losses on deposits. Free 1040 A casualty occurs when your property is damaged as a result of a disaster such as a storm, fire, car accident, or similar event. Free 1040 A theft occurs when someone steals your property. Free 1040 A loss on deposits occurs when your financial institution becomes insolvent or bankrupt. Free 1040 This publication discusses the following topics. Free 1040 Definitions of a casualty, theft, and loss on deposits. Free 1040 How to figure the amount of your gain or loss. Free 1040 How to treat insurance and other reimbursements you receive. Free 1040 The deduction limits. Free 1040 When and how to report a casualty or theft. Free 1040 The special rules for disaster area losses. Free 1040 Forms to file. Free 1040   Generally, when you have a casualty or theft, you have to file Form 4684. Free 1040 You may also have to file one or more of the following forms. Free 1040 Schedule A (Form 1040). Free 1040 Form 1040NR, Schedule A (for nonresident aliens). Free 1040 Schedule D. Free 1040 Form 4797. Free 1040 For details on which form to use, see How To Report Gains and Losses , later. Free 1040 Condemnations. Free 1040   For information on condemnations of property, see Involuntary Conversions in chapter 1 of Publication 544, Sales and Other Dispositions of Assets. Free 1040 Workbooks for casualties and thefts. Free 1040   Publication 584, Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property), is available to help you make a list of your stolen or damaged personal-use property and figure your loss. Free 1040 It includes schedules to help you figure the loss on your home and its contents, and your motor vehicles. Free 1040   Publication 584-B, Business Casualty, Disaster, and Theft Loss Workbook, is available to help you make a list of your stolen or damaged business or income-producing property and figure your loss. Free 1040 Comments and suggestions. Free 1040   We welcome your comments about this publication and your suggestions for future editions. Free 1040   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free 1040 NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free 1040 Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free 1040   You can send your comments from www. Free 1040 irs. Free 1040 gov/formspubs/. Free 1040 Click on “More Information” and then on “Comment on Tax Forms and Publications”. Free 1040   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Free 1040 Ordering forms and publications. Free 1040   Visit www. Free 1040 irs. Free 1040 gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Free 1040 Internal Revenue Service 1201 N. Free 1040 Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Free 1040   If you have a tax question, check the information available on IRS. Free 1040 gov or call 1-800-829-1040. Free 1040 We cannot answer tax questions sent to either of the above addresses. Free 1040 Useful Items - You may want to see: Publication 523 Selling Your Home 525 Taxable and Nontaxable Income 550 Investment Income and Expenses 551 Basis of Assets 584 Casualty, Disaster, and Theft Loss Workbook (Personal-Use Property) 584-B Business Casualty, Disaster, and   Theft Loss Workbook Form (and Instructions) Schedule A (Form 1040) Itemized Deductions Form 1040NR, Schedule A Itemized Deductions (for nonresident aliens) Schedule D (Form 1040) Capital Gains and Losses 4684 Casualties and Thefts 4797 Sales of Business Property See How To Get Tax Help near the end of this publication for information about getting publications and forms. Free 1040 Prev  Up  Next   Home   More Online Publications
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Free 1040 Publication 80 - Main Content Table of Contents Introduction 1. Free 1040 Employer Identification Number (EIN) 2. Free 1040 Who Are Employees?Tests. Free 1040 Business Owned and Operated by Spouses Farm Crew Leaders 3. Free 1040 Employee's Social Security Number (SSN)Registering for SSNVS. Free 1040 4. Free 1040 Wages and Other CompensationFringe Benefits 5. Free 1040 TipsOrdering rule. Free 1040 6. Free 1040 Social Security and Medicare Taxes for FarmworkersThe $150 Test or the $2,500 Test 7. Free 1040 How To Figure Social Security and Medicare TaxesHousehold and agricultural employers. Free 1040 8. Free 1040 Depositing TaxesPayment with Return When To Deposit How To Deposit Deposit Penalties 9. Free 1040 Employer's ReturnsReporting Adjustments to Form 941-SS, 944-SS, 944, or 943 Current Period Adjustments Prior Period Adjustments 10. Free 1040 Wage and Tax StatementsWaiver. Free 1040 11. Free 1040 Federal Unemployment (FUTA) Tax—U. Free 1040 S. Free 1040 Virgin Islands Employers Only How To Get Tax Help Introduction This publication is for employers whose principal place of business is in the U. Free 1040 S. Free 1040 Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, or who have employees who are subject to income tax withholding for any of these jurisdictions. Free 1040 Employers and employees in these areas are generally subject to social security and Medicare taxes under the Federal Insurance Contributions Act (FICA). Free 1040 See section 6 and section 7 for more information. Free 1040 This publication summarizes employer responsibilities to collect, pay, and report these taxes. Free 1040 Whenever the term “United States” is used in this publication, it includes U. Free 1040 S. Free 1040 Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. Free 1040 This publication also provides employers in the U. Free 1040 S. Free 1040 Virgin Islands with a summary of their responsibilities in connection with the tax under the Federal Unemployment Tax Act, known as FUTA tax. Free 1040 See section 11 for more information. Free 1040 Except as shown in the table in section 12, social security, Medicare, and FUTA taxes apply to every employer who pays taxable wages to employees or who has employees who report tips. Free 1040 This publication does not include information relating to the self-employment tax (for social security and Medicare of self-employed persons). Free 1040 See Publication 570, Tax Guide for Individuals With Income From U. Free 1040 S. Free 1040 Possessions, if you need this information. Free 1040 This publication also does not include information relating to income tax withholding. Free 1040 In U. Free 1040 S. Free 1040 Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, contact your local tax department for information about income tax withholding. Free 1040 See Publication 15 (Circular E), for information on U. Free 1040 S. Free 1040 federal income tax withholding. Free 1040 Comments and suggestions. Free 1040   We welcome your comments about this publication and your suggestions for future editions. Free 1040   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free 1040 NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free 1040 Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free 1040    You can also send us comments from www. Free 1040 irs. Free 1040 gov/formspubs. Free 1040 Click on More Information and then click on Comment on Tax Forms and Publications. Free 1040   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax forms, instructions, and publications. Free 1040 1. Free 1040 Employer Identification Number (EIN) An employer identification number (EIN) is a nine-digit number that the IRS issues. Free 1040 Its format is 00-0000000. Free 1040 It is used to identify the tax accounts of employers and certain other organizations and entities that have no employees. Free 1040 Use your EIN on all of the items that you send to the IRS and SSA for your business. Free 1040 If you do not have an EIN, you may apply for one online. Free 1040 Go to IRS. Free 1040 gov and click on the Apply for an EIN Online link under Tools. Free 1040 You may also apply for an EIN by calling 1-800-829-4933, (U. Free 1040 S. Free 1040 Virgin Islands only) or 267-941-1099 (toll call), or you can fax or mail Form SS-4, Application for Employer Identification Number, to the IRS. Free 1040 Do not use a social security number (SSN) in place of an EIN. Free 1040 If you do not have an EIN by the time a return is due, file a paper return and enter “Applied For” and the date that you applied for it in the space shown for the number. Free 1040 If you took over another employer's business, do not use that employer's EIN. Free 1040 You should have only one EIN. Free 1040 If you have more than one, write to the IRS office where you file your returns using the “without a payment” address in the Instructions for Form 941-SS, Instructions for Form 944, or Instructions for Form 943. Free 1040 Or call the IRS Business & Specialty Tax Line at 1-800-829-4933 (U. Free 1040 S. Free 1040 Virgin Islands only) or 267-941-1000 (toll call). Free 1040 Persons who are deaf, hard of hearing, or have a speech disability (TDD/TTY users) in the U. Free 1040 S. Free 1040 Virgin Islands may call 1-800-829-4059. Free 1040 The IRS will tell you which EIN to use. Free 1040 For more information, see Publication 1635, Employer Identification Number: Understanding Your EIN, or Publication 583, Starting a Business and Keeping Records. Free 1040 2. Free 1040 Who Are Employees? Generally, employees are defined either under common law or under special statutes for certain situations. Free 1040 See Publication 15-A, Employer's Supplemental Tax Guide, for details on statutory employees and nonemployees. Free 1040 Employee status under common law. Free 1040   Generally, a worker who performs services for you is your employee if you can control what will be done and how it will be done. Free 1040 This is so even when you give the employee freedom of action. Free 1040 What matters is that you have the right to control the details of how the services are performed. Free 1040 See Publication 15-A for more information on how to determine whether an individual providing services is an independent contractor or an employee. Free 1040    Generally, people in business for themselves are not employees. Free 1040 For example, doctors, lawyers, veterinarians, and others in an independent trade in which they offer their services to the public are usually not employees. Free 1040 However, if the business is incorporated, corporate officers who work in the business are employees of the corporation. Free 1040   If an employer-employee relationship exists, it does not matter what it is called. Free 1040 The employee may be called an agent or independent contractor. Free 1040 It also does not matter how payments are measured or paid, what they are called, or if the employee works full or part time. Free 1040 Statutory employees. Free 1040   There are also some special definitions of employees for social security, Medicare, and FUTA taxes. Free 1040   While the following persons may not be common law employees, they are considered employees for social security and Medicare purposes if the conditions under Tests , discussed later, are met. Free 1040 a. Free 1040   An agent (or commission) driver who delivers food or beverages (other than milk) or picks up and delivers laundry or dry cleaning for someone else. Free 1040 b. Free 1040   A full-time life insurance salesperson who sells primarily for one company. Free 1040 c. Free 1040   A homeworker who works by the guidelines of the person for whom the work is done, with materials furnished by and returned to that person or to someone that person designates. Free 1040 d. Free 1040   A traveling or city salesperson (other than an agent-driver or commission-driver) who works full time (except for sideline sales activities) for one firm or person getting orders from customers. Free 1040 The orders must be for merchandise for resale or supplies for use in the customer's business. Free 1040 The customers must be retailers, wholesalers, contractors, or operators of hotels, restaurants, or other businesses dealing with food or lodging. Free 1040 Tests. Free 1040   Withhold social security and Medicare taxes from statutory employees' wages if all three of the following tests apply. Free 1040 The service contract states or implies that almost all of the services are to be performed personally by them. Free 1040 They have little or no investment in the equipment and property used to perform the services (other than an investment in transportation facilities). Free 1040 The services are performed on a continuing basis for the same payer. Free 1040 Persons in a or d, earlier, are also employees for FUTA tax purposes if tests 1 through 3 are met (U. Free 1040 S. Free 1040 Virgin Islands only). Free 1040   Publication 15-A gives examples of the employer-employee relationship. Free 1040 Statutory nonemployees. Free 1040   Certain direct sellers, qualified real estate agents, and certain companion sitters are, by law, considered nonemployees. Free 1040 They are generally treated as self-employed for employment tax purposes. Free 1040 See Publication 15-A for details. Free 1040 H-2A agricultural workers. Free 1040   On Form W-2, do not check box 13 (Statutory employee) as H-2A workers are not statutory employees. Free 1040 Treating employees as nonemployees. Free 1040   If you incorrectly treated an employee as a nonemployee and did not withhold social security and Medicare taxes, you will be liable for the taxes. Free 1040 See Treating employees as nonemployees in section 2 of Publication 15 (Circular E), for details on Internal Revenue Code section 3509, which may apply. Free 1040 IRS help. Free 1040   If you want the IRS to determine if a worker is an employee, file Form SS-8, Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. Free 1040 Voluntary Classification Settlement Program (VCSP). Free 1040   Employers who are currently treating their workers (or a class or group of workers) as independent contractors or other nonemployees and want to voluntarily reclassify their workers as employees for future tax periods may be eligible to participate in the VCSP if certain requirements are met. Free 1040 To apply, use Form 8952, Application for Voluntary Classification Settlement Program (VCSP). Free 1040 For more information, visit IRS. Free 1040 gov and enter “VCSP” in the search box. Free 1040 Business Owned and Operated by Spouses If you and your spouse jointly own and operate a business and share in the profits and losses, you are partners in a partnership, whether or not you have a formal partnership agreement. Free 1040 See Publication 541, Partnerships, for more details. Free 1040 The partnership is considered the employer of any employees, and is liable for any employment taxes due on wages paid to its employees. Free 1040 Exception—Qualified Joint Venture. Free 1040   If you and your spouse materially participate as the only members of a jointly owned and operated business, and you file a joint Form 1040, U. Free 1040 S. Free 1040 Individual Income Tax Return, or joint Form 1040-SS, U. Free 1040 S. Free 1040 Self-Employment Tax Return—U. Free 1040 S. Free 1040 Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, or Puerto Rico, you can make a joint election to be taxed as a qualified joint venture instead of a partnership. Free 1040 See the Instructions for Schedule C (Form 1040) or the Instructions for Form 1040-SS. Free 1040 Spouses electing qualified joint venture status are treated as sole proprietors for federal tax purposes. Free 1040 Either of the sole proprietor spouses may report and pay the employment taxes due on wages paid to the employees, using the EIN of that spouse’s sole proprietorship. Free 1040 For more information on qualified joint ventures, visit IRS. Free 1040 gov and enter “qualified joint venture” in the search box. Free 1040 Farm Crew Leaders You are an employer of farmworkers if you are a crew leader. Free 1040 A crew leader is a person who furnishes and pays (either on his or her own behalf or on behalf of the farm operator) workers to do farmwork for the farm operator. Free 1040 If there is no written agreement between you and the farm operator stating that you are his or her employee, and if you pay the workers (either for yourself or for the farm operator), then you are a crew leader. Free 1040 3. Free 1040 Employee's Social Security Number (SSN) An employee's social security number (SSN) consists of nine digits separated as follows: 000-00-0000. Free 1040 You must get each employee's name and SSN and enter them on Form W-2AS, W-2CM, W-2GU, or W-2VI. Free 1040 If you do not report the employee's correct name and SSN, you may owe a penalty unless you have reasonable cause. Free 1040 See Publication 1586, Reasonable Cause Regulations and Requirements for Missing and Incorrect Name/TINs, for information on the requirement to solicit the employee's SSN. Free 1040 Employee's social security card. Free 1040   You should ask the employee to show you his or her social security card. Free 1040 The employee may show the card if it is available. Free 1040 Do not accept a social security card that says “Not valid for employment. Free 1040 ” A social security number issued with this legend does not permit employment. Free 1040 You may, but you are not required to, photocopy the social security card if the employee provides it. Free 1040 If an employee does not have a social security card or needs a new one, the employee should apply for one on Form SS-5 and submit the necessary documentation. Free 1040 The employee must complete and sign Form SS-5; it cannot be filed by the employer. Free 1040 You may be asked to supply a letter to accompany Form SS-5 if the employee has exceeded his or her yearly or lifetime limit for the number of replacement cards allowed. Free 1040 If your employee has applied for an SSN but has not received the card before you must file your Form W-2 reports, and you are filing your reports on paper, enter “Applied For” in box d. Free 1040 Enter all zeroes in the SSN field if filing electronically. Free 1040 When the employee receives the SSN, file Copy A of Form W-2c with SSA to show the employee's SSN. Free 1040 Correctly record the employee's name and SSN. Free 1040   Record the name and number of each employee as they appear on his or her social security card. Free 1040 If the name is not correct as shown on the card (for example, because of marriage or divorce), the employee should request a corrected card from the SSA. Free 1040 Continue to use the old name until the employee shows you the replacement social security card with the corrected name. Free 1040   If the SSA issues the employee a replacement card after a name change, or a new card with a different social security number after a change in alien work status, file a Form W-2c to correct the name/SSN reported on the most recently filed Form W-2AS, W-2CM, W-2GU, or W-2VI. Free 1040 It is not necessary to correct other years if the previous name and SSN were used for years before the most recent Form W-2. Free 1040 Where to get and file social security number application forms. Free 1040    U. Free 1040 S. Free 1040 Virgin Islands—U. Free 1040 S. Free 1040 Social Security Administration, 8000 Nisky Center, First Floor, Suite 2, St. Free 1040 Thomas, VI 00802. Free 1040  Guam—U. Free 1040 S. Free 1040 Social Security Administration, 655 Harmon Loop Road, Suite 300, Dededo, GU 96929. Free 1040  American Samoa—U. Free 1040 S. Free 1040 Social Security Administration, Pago Plaza, Suite 117, Pago Pago, AS 96799. Free 1040  Commonwealth of the Northern Mariana Islands—U. Free 1040 S. Free 1040 Social Security Administration, MH Building, Suite 201, Saipan, MP 96950. Free 1040 Verification of social security numbers. Free 1040   Employers and authorized reporting agents can use the Social Security Number Verification Service (SSNVS) to instantly verify up to 10 names and SSNs (per screen) at a time, or submit an electronic file of up to 250,000 names and SSNs and usually receive the results the next business day. Free 1040 Visit www. Free 1040 socialsecurity. Free 1040 gov/employer/ssnv. Free 1040 htm for more information. Free 1040 Registering for SSNVS. Free 1040   You must register online and receive authorization from your employer to use SSNVS. Free 1040 To register, visit SSA's website at www. Free 1040 ssa. Free 1040 gov/employer and click on the Business Services Online link. Free 1040 Follow the registration instructions to obtain a user identification (ID) and password. Free 1040 You will need to provide the following information about yourself and your company. Free 1040 Name. Free 1040 SSN. Free 1040 Date of birth. Free 1040 Type of employer. Free 1040 EIN. Free 1040 Company name, address, and telephone number. Free 1040 Email address. Free 1040   When you have completed the online registration process, SSA will mail a one-time activation code to your employer. Free 1040 You must enter the activation code online to use SSNVS. Free 1040 4. Free 1040 Wages and Other Compensation Generally, all wages are subject to social security and Medicare tax (and FUTA tax for U. Free 1040 S. Free 1040 Virgin Islands employers). Free 1040 However, wages subject to social security tax and FUTA tax are limited by a wage base amount that you pay to each employee for the year. Free 1040 The wage base for social security tax is $117,000 for 2014. Free 1040 After you pay $117,000 to an employee in 2014, including tips, do not withhold social security tax on any amount that you later pay to the employee for the year. Free 1040 The wage base for FUTA tax is $7,000 for 2014. Free 1040 All wages are subject to Medicare tax. Free 1040 The wages may be in cash or in other forms, such as an automobile for personal use. Free 1040 Wages include salaries, vacation allowances, bonuses, commissions, and fringe benefits. Free 1040 It does not matter how payments are measured or paid. Free 1040 See the table in section 12 for exceptions to social security, Medicare, and FUTA taxes on wages. Free 1040 See section 5 and section 6 for a discussion of how the rules apply to tips and farmworkers. Free 1040 Social security and Medicare taxes apply to most payments of sick pay, including payments by third parties such as insurance companies. Free 1040 Special rules apply to the reporting of third-party sick pay. Free 1040 For details, see Publication 15-A. Free 1040 Determine the value of noncash pay (such as goods, lodging, and meals) by its fair market value. Free 1040 However, see Fringe Benefits , later in this section. Free 1040 Except for farmworkers and household employees, this kind of pay may be subject to social security, Medicare, and FUTA taxes. Free 1040 Back pay, including retroactive wage increases (but not amounts paid as liquidated damages), is taxed as ordinary wages in the year paid. Free 1040 For information on reporting back pay to the Social Security Administration, see Publication 957, Reporting Back Pay and Special Wage Payments to the Social Security Administration. Free 1040 Travel and business expenses. Free 1040   Payments to your employee for travel and other necessary expenses of your business generally are included in taxable wages if (a) your employee is not required to or does not substantiate timely those expenses to you with receipts or other documentation, or (b) you advance an amount to your employee for business expenses and your employee is not required to or does not return timely any amount that he or she does not substantiate. Free 1040 Sick pay. Free 1040   In general, sick pay is any amount that you pay, under a plan that you take part in, to an employee because of sickness or injury. Free 1040 These amounts are sometimes paid by a third party, such as an insurance company. Free 1040 In either case, these payments are subject to social security and Medicare taxes (and FUTA tax for U. Free 1040 S. Free 1040 Virgin Islands employers). Free 1040 Sick pay becomes exempt from these taxes after the end of 6 calendar months after the calendar month the employee last worked for the employer. Free 1040 Publication 15-A explains the employment tax rules that apply to sick pay, disability benefits, and similar payments to employees. Free 1040 Fringe Benefits Generally, fringe benefits are includible in the gross income of an employee and are subject to employment taxes. Free 1040 Examples of fringe benefits include the use of an automobile, aircraft flights that you provide, free or discounted commercial airline flights, vacations, discounts on property or services, memberships in country clubs or other social clubs, and tickets to entertainment or sporting events. Free 1040 In general, the amount included in the employee's income is the excess of the fair market value of the benefit over the sum of any amount paid for it by the employee and any amount excluded by law. Free 1040 For more information, see Publication 15-B, Employer's Tax Guide to Fringe Benefits. Free 1040 When fringe benefits are treated as paid. Free 1040   You can choose to treat certain noncash fringe benefits (including personal use of an automobile provided by you) as paid by the pay period, quarter, or on any other basis that you choose, but they must be treated as paid at least annually. Free 1040 You do not have to make a formal choice of payment dates or notify the IRS. Free 1040 You do not have to use the same basis for all employees. Free 1040 You may change methods as often as you like, as long as all benefits provided in a calendar year are treated as paid no later than December 31 of the calendar year. Free 1040 However, see Special accounting rule for fringe benefits provided during November and December , later in this section. Free 1040   You can treat the value of a single taxable noncash fringe benefit as paid on one or more dates in the same calendar year, even if the employee gets the entire benefit at one time. Free 1040 However, once you elect the payment dates, you must report the taxes on your return in the same tax period in which you treated them as paid. Free 1040 This election does not apply to a fringe benefit where real property or investment personal property is transferred. Free 1040 Withholding social security and Medicare taxes on fringe benefits. Free 1040   You add the value of fringe benefits to regular wages for a payroll period and figure social security and Medicare taxes on the total. Free 1040   If you withhold less than the required amount of social security and Medicare taxes from the employee in a calendar year but report and pay the proper amount, you may recover the taxes from the employee. Free 1040 Depositing taxes on fringe benefits. Free 1040   Once you choose payment dates for taxable noncash fringe benefits, you must deposit taxes in the same deposit period that you treat the fringe benefits as paid. Free 1040 You may make a reasonable estimate of the value of the fringe benefits. Free 1040 In general, the value of taxable noncash fringe benefits provided in a calendar year must be determined by January 31 of the following year. Free 1040   You may claim a refund of overpayments or elect to have any overpayment applied to the next employment tax return. Free 1040 If deposits are underpaid, see Deposit Penalties in section 8. Free 1040 Valuation of vehicles provided to employees. Free 1040    If you provide a vehicle to your employees, you may either determine the actual value of the benefit for the entire calendar year, taking into account the business use of the vehicle, or consider the entire use for the calendar year as personal and include 100% of the value of the vehicle in the employee's income. Free 1040 For reporting information to employees, see the box 14 instructions in the General Instructions for Forms W-2 and W-3. Free 1040 Special accounting rule for fringe benefits provided during November and December. Free 1040   You may choose to treat the value of taxable noncash fringe benefits provided during November and December as paid in the next year. Free 1040 However, this applies only to those benefits that you actually provided during November and December, not to those you merely treated as paid during those months. Free 1040   If you use this rule, you must notify each affected employee between the time of the employee's last paycheck of the calendar year and at or near the time that you give the employee Form W-2AS, W-2CM, W-2GU, or W-2VI. Free 1040 If you use the special accounting rule, your employee must also use it for the same period that you use it. Free 1040 You cannot use this rule for a fringe benefit of real property or tangible or intangible real property of a kind normally held for investment that is transferred to your employee. Free 1040 5. Free 1040 Tips Tips that your employee receives from customers are generally subject to social security and Medicare withholding. Free 1040 Your employee must report cash tips to you by the 10th of the month after the month that the tips are received. Free 1040 The report should include tips you paid over to the employee for charge customers, tips the employee received directly from customers, and tips received from other employees under any tip-sharing arrangement. Free 1040 Both directly and indirectly tipped employees must report tips to you. Free 1040 The report should not include tips that the employee paid out to other employees. Free 1040 No report is required for months when tips are less than $20. Free 1040 Your employees report tips on Form 4070, Employee's Report of Tips to Employer, or on a similar statement. Free 1040 They may also use Form 4070A, Employee's Daily Record of Tips, to keep a record of their tips. Free 1040 Both forms are included in Publication 1244, Employee's Daily Record of Tips and Report to Employer, available at IRS. Free 1040 gov. Free 1040 The statement must be signed by the employee and must include: The employee's name, address, and SSN, Your name and address, The month or period that the report covers, and The total tips received during the month or period. Free 1040 You are permitted to establish a system for electronic tip reporting by employees. Free 1040 See Regulations section 31. Free 1040 6053-1(d). Free 1040 Collecting taxes on tips. Free 1040   You must collect the employee social security and Medicare taxes on the employee's tips. Free 1040 You can also collect these taxes from the employee's wages or from other funds that he or she makes available. Free 1040 Stop collecting the employee social security tax when his or her total wages and tips for 2014 reach $117,000. Free 1040 Collect the employee Medicare tax for the whole year on all wages and tips. Free 1040   You are responsible for the employer social security tax on wages and tips until the wages (including tips) reach the wage base limit. Free 1040 You are responsible for the employer Medicare tax for the whole year on all wages and tips. Free 1040 File Form 941-SS (or Form 944) to report withholding and employer taxes on tips. Free 1040 The withholding rules for withholding an employee's share of Medicare tax on tips also apply to withholding the Additional Medicare Tax once wages and tips exceed $200,000 in the calendar year. Free 1040 Ordering rule. Free 1040   If, by the 10th of the month after the month you received an employee's report on tips, you do not have enough employee funds available to deduct the employee social security and Medicare tax on tips, you no longer have to collect it and are not liable for it. Free 1040 Reporting tips. Free 1040   Report tips and any collected and uncollected social security in boxes 1, 5, 7, and 12 on Forms W-2AS, W-2CM, W-2GU, or W-2VI and on Form 941-SS, lines 5b, 5c, and 5d (Form 944, lines 4b, 4c, and 4d). Free 1040 Do not include any uncollected Additional Medicare Tax in box 12 of Form W-2. Free 1040 Report an adjustment on Form 941-SS, line 9 (Form 944, line 6), for the uncollected social security and Medicare taxes. Free 1040 The table in section 12 shows how tips are treated for FUTA tax purposes. Free 1040   Revenue Ruling 2012-18 provides guidance for employers regarding social security and Medicare taxes imposed on tips, including information on the reporting of the employer share of social security and Medicare taxes under section 3121(q), the difference between tips and service charges, and the section 45B credit. Free 1040 See Revenue Ruling 2012-18, 2012-26 I. Free 1040 R. Free 1040 B. Free 1040 1032, available at www. Free 1040 irs. Free 1040 gov/irb/2012-26_IRB/ar07. Free 1040 html. Free 1040 6. Free 1040 Social Security and Medicare Taxes for Farmworkers The tests described below apply only to services that are defined as agricultural labor (farmwork). Free 1040 In general, you are an employer of farmworkers if your employees: Raise or harvest agricultural or horticultural products on your farm (including the raising and feeding of livestock); Work in connection with the operation, management, conservation, improvement, or maintenance of your farm and its tools and equipment; Provide services relating to salvaging timber, or clearing land of brush and other debris, left by a hurricane (also known as hurricane labor); Handle, process, or package any agricultural or horticultural commodity if you produced over half of the commodity (for a group of up to 20 unincorporated operators, all of the commodity); or Do work for you related to cotton ginning, turpentine, gum resin products, or the operation and maintenance of irrigation facilities. Free 1040 For this purpose, the term “farm” includes stock, dairy, poultry, fruit, fur-bearing animal, and truck farms, as well as plantations, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities, and orchards. Free 1040 Farmwork does not include reselling activities that do not involve any substantial activity of raising agricultural or horticultural commodities, such as a retail store or a greenhouse used primarily for display or storage. Free 1040 A “share farmer” working for you is not your employee. Free 1040 However, the share farmer may be subject to self-employment tax. Free 1040 In general, share farming is an arrangement in which certain commodity products are shared between the farmer and the owner (or tenant) of the land. Free 1040 For details, see Regulations section 31. Free 1040 3121(b)(16)-1. Free 1040 The $150 Test or the $2,500 Test All cash wages that you pay to any employee for farmwork are subject to social security and Medicare taxes if either of the following two tests is met. Free 1040 You pay cash wages to the employee of $150 or more in a year (count all cash wages paid on a time, piecework, or other basis) for farmwork. Free 1040 The $150 test applies separately to each farmworker that you employ. Free 1040 If you employ a family of workers, each member is treated separately. Free 1040 Do not count wages paid by other employers. Free 1040 The total that you pay for farmwork (cash and noncash) to all of your employees is $2,500 or more during the year. Free 1040 Exceptions. Free 1040   The $150 and $2,500 tests do not apply to wages that you pay to a farmworker who receives less than $150 in annual cash wages and the wages are not subject to social security and Medicare taxes even if you pay $2,500 or more in that year to all of your farmworkers if the farmworker: Is employed in agriculture as a hand-harvest laborer, Is paid piece rates in an operation that is usually paid on a piece-rate basis in the region of employment, Commutes daily from his or her home to the farm, and Had been employed in agriculture less than 13 weeks in the preceding calendar year. Free 1040   Amounts that you pay to these seasonal farmworkers, however, count toward the $2,500-or-more test to determine whether wages that you pay to other farmworkers are subject to social security and Medicare taxes. Free 1040 7. Free 1040 How To Figure Social Security and Medicare Taxes The tax rate for social security is 6. Free 1040 2% (amount withheld) each for the employer and employee (12. Free 1040 4% total). Free 1040 The social security wage base limit is $117,000. Free 1040 The tax rate for Medicare is 1. Free 1040 45% (amount withheld) each for the employee and employer (2. Free 1040 9% total). Free 1040 There is no wage base limit for Medicare tax; all covered wages are subject to Medicare tax. Free 1040 Multiply each wage payment by these percentages to figure the tax to withhold from employees. Free 1040 Employers report both the employee and employer shares on Forms 941-SS, 944, or Form 943 (farm employment). Free 1040 See section 5 for information on tips. Free 1040 Additional Medicare Tax withholding. Free 1040   In addition to withholding Medicare tax at 1. Free 1040 45%, you must withhold a 0. Free 1040 9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. Free 1040 You are required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Free 1040 Additional Medicare Tax is only imposed on the employee. Free 1040 There is no employer share of Additional Medicare Tax. Free 1040 All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. Free 1040   For more information on what wages are subject to Medicare tax, see the chart Special Rules for Various Types of Employment and Payments in section 12. Free 1040 For more information on Additional Medicare Tax, visit IRS. Free 1040 gov and enter “Additional Medicare Tax” in the search box. Free 1040 Deducting the tax. Free 1040   Deduct the employee tax from each wage payment. Free 1040 If you are not sure that the wages that you pay to a farmworker during the year will be taxable, you may either deduct the tax when you make the payments or wait until the $2,500 test or the $150 test explained in section 6 has been met. Free 1040 Employee's portion of taxes paid by employer. Free 1040   If you pay your employee's social security and Medicare taxes without deducting them from the employee's pay, you must include the amount of the payments in the employee's wages for social security and Medicare taxes. Free 1040 This increase in the employee's wage payment for your payment of the employee's social security and Medicare taxes is also subject to employee social security and Medicare taxes. Free 1040 This again increases the amount of the additional taxes that you must pay. Free 1040 Household and agricultural employers. Free 1040   This discussion does not apply to household and agricultural employers. Free 1040 If you pay a household or agricultural employee's social security and Medicare taxes, these payments must be included in the employee's wages. Free 1040 However, this wage increase due to the tax payments is not subject to social security or Medicare taxes as discussed in this section. Free 1040 See Publication 15-A for details. Free 1040 Sick pay payments. Free 1040   Social security and Medicare taxes apply to most payments of sick pay, including payments made by third parties such as insurance companies. Free 1040 For details on third-party payers of sick pay, see Publication 15-A. Free 1040 8. Free 1040 Depositing Taxes You must deposit social security and Medicare taxes if your tax liability (Form 941-SS, line 10; Form 944, line 7; or Form 943, line 11) is $2,500 or more for the tax return period. Free 1040 You must make the deposit by electronic funds transfer. Free 1040 For more information about electronic funds transfers, see How To Deposit , later in this section. Free 1040 Payment with Return $2,500 rule. Free 1040   Instead of making deposits during the current quarter, you can pay your total Form 941-SS tax liability when you timely file Form 941-SS if: Your total Form 941-SS tax liability for either the current quarter or the preceding quarter is less than $2,500 and You do not incur a $100,000 next-day deposit obligation during the current quarter. Free 1040   If you are not sure your total liability for the current quarter will be less than $2,500, (and your liability for the preceding quarter was not less than $2,500), make deposits using the semiweekly or monthly rules so you won't be subject to failure to deposit penalties. Free 1040 Employers who have been notified to file Form 944 can pay their tax liability due for the fourth quarter with Form 944, if their fourth quarter tax liability is less than $2,500. Free 1040 Employers must have deposited any tax liability due for the first, second, and third quarters, according to the deposit rules, in order to avoid failure-to-deposit penalties for deposits due during those quarters. Free 1040 Only monthly schedule depositors are allowed to make an Accuracy of Deposits Rule payment with the return. Free 1040 Semiweekly schedule depositors must timely deposit the amount. Free 1040 See Accuracy of Deposits Rule and How To Deposit, later in this section. Free 1040 When To Deposit Under the rules discussed below, the only difference between farm and nonfarm workers' employment tax deposit rules is the lookback period. Free 1040 Therefore, farm and nonfarm workers are discussed together except where noted. Free 1040 Depending on your total taxes reported during a lookback period (discussed later), you are either a monthly schedule depositor or a semiweekly schedule depositor. Free 1040 The terms “monthly schedule depositor” and “semiweekly schedule depositor” do not refer to how often you pay your employees or how often you are required to make deposits. Free 1040 The terms identify which set of rules that you must follow when a tax liability arises (for example, when you have a payday). Free 1040 You will need to determine your deposit schedule for a calendar year based on the total employment taxes reported on Forms 941-SS, line 10; Form 944, line 7; or Form 943, line 9, for your lookback period (defined below). Free 1040 If you filed both Forms 941-SS and 941 during the lookback period, combine the tax liabilities for these returns for purposes of determining your deposit schedule. Free 1040 Determine your deposit schedule for Form 943 separately from Forms 941-SS and 941. Free 1040 Lookback period for employers of nonfarm workers. Free 1040   The lookback period for Form 941-SS (or Form 941) consists of four quarters beginning July 1 of the second preceding year and ending June 30 of the prior year. Free 1040 These four quarters are your lookback period even if you did not report any taxes for any of the quarters. Free 1040 For 2014, the lookback period is July 1, 2012, through June 30, 2013. Free 1040    Table 1. Free 1040 Lookback Period for Calendar Year 2014 Lookback Period July 1, 2012 Oct. Free 1040 1, 2012 Jan. Free 1040 1, 2013 Apr. Free 1040 1, 2013 through through through through Sep. Free 1040 30, 2012 Dec. Free 1040 31, 2012 Mar. Free 1040 31, 2013 June 30, 2013    The lookback period for Form 944 is the second calendar year preceding the current calendar year. Free 1040 For example, the lookback period for calendar year 2014 is calendar year 2012. Free 1040 In addition, for employers who filed Form 944 for 2012 or for 2013 and will file Form 941-SS (or Form 941) for 2014, the lookback period for 2014 is the second calendar year preceding the current calendar year, that is, 2012. Free 1040 Lookback period for employers of farmworkers. Free 1040   The lookback period for Form 943 is the second calendar year preceding the current calendar year. Free 1040 The lookback period for calendar year 2014 is calendar year 2012. Free 1040 Adjustments to lookback period taxes. Free 1040   To determine your taxes for the lookback period, use only the tax that you reported on the original returns (Forms 941-SS, 943, or 944). Free 1040 Do not include any adjustments shown on Form 941-X, 943-X, or 944-X. Free 1040 Example. Free 1040   An employer originally reported total taxes of $45,000 for the lookback period. Free 1040 The employer discovered during January 2014 that the tax reported during the lookback period was understated by $10,000 and corrected this error by filing Form 941-X. Free 1040 The employer is a monthly schedule depositor for 2014 because the lookback period tax liabilities are based on the amounts originally reported, and they were $50,000 or less. Free 1040 Deposit Period The term “deposit period” refers to the period during which tax liabilities are accumulated for each required deposit due date. Free 1040 For monthly schedule depositors, the deposit period is a calendar month. Free 1040 The deposit periods for semiweekly schedule depositors are Wednesday through Friday and Saturday through Tuesday. Free 1040 Monthly Deposit Schedule If your total tax reported for the lookback period is $50,000 or less, you are a monthly schedule depositor for the current year. Free 1040 You must deposit taxes on wage payments made during a calendar month by the 15th day of the following month. Free 1040 New employers. Free 1040   Your tax liability for any quarter in the lookback period before the date you started or acquired your business is considered to be zero. Free 1040 Therefore, you are a monthly schedule depositor for the first calendar year of your business (but see the $100,000 Next-Day Deposit Rule , later in this section). Free 1040 Semiweekly Deposit Schedule If your total tax reported for the lookback period is more than $50,000, you are a semiweekly schedule depositor for the current year. Free 1040 If you are a semiweekly schedule depositor, you must deposit on Wednesday and/or Friday, depending on what day of the week that you make wage payments, as follows. Free 1040 Deposit taxes on wage payments made on Wednesday, Thursday, and/or Friday by the following Wednesday. Free 1040 Deposit taxes on wage payments made on Saturday, Sunday, Monday, and/or Tuesday by the following Friday. Free 1040 Semiweekly depositors are generally not required to deposit twice a week if their payments were in the same semiweekly period unless the $100,000 Next-Day Deposit Rule , discussed later in this section, applies. Free 1040 For example, if you made a payment on both Wednesday and Friday and incurred taxes of $10,000 for each pay date, deposit the $20,000 on the following Wednesday. Free 1040 If you made no additional payments on Saturday through Tuesday, no deposit is due on Friday. Free 1040 Semiweekly deposit period spanning two quarters. Free 1040   If you have more than one pay date during a semiweekly period and the pay dates fall in different calendar quarters, you will need to make separate deposits for the separate liabilities. Free 1040 Example. Free 1040   If you have a pay date on Monday, March 31, 2014 (first quarter), and another pay date on Tuesday, April 1, 2014 (second quarter), two separate deposits will be required even though the pay dates fall within the same semiweekly period. Free 1040 Both deposits will be due on Friday, April 4, 2014 (3 business days from the end of the semiweekly deposit period). Free 1040 Examples of Monthly and Semiweekly Schedules Employers of nonfarm workers. Free 1040   Rose Co. Free 1040 reported Form 941-SS taxes as follows: 2013 Lookback Period 3rd Quarter 2011 $12,000 4th Quarter 2011 12,000 1st Quarter 2012 12,000 2nd Quarter 2012 12,000   $48,000 2014 Lookback Period 3rd Quarter 2012 $12,000 4th Quarter 2012 12,000 1st Quarter 2013 12,000 2nd Quarter 2013 15,000   $51,000 Rose Co. Free 1040 is a monthly schedule depositor for 2013 because its taxes for the four quarters in its lookback period ($48,000 for the 3rd quarter of 2011 through the 2nd quarter of 2012) were not more than $50,000. Free 1040 However, for 2014, Rose Co. Free 1040 is a semiweekly schedule depositor because the total taxes for the four quarters in its lookback period ($51,000 for the 3rd quarter of 2012 through the 2nd quarter of 2013) exceeded $50,000. Free 1040 Employers of farmworkers. Free 1040   Red Co. Free 1040 reported taxes on its 2012 Form 943, line 9, of $48,000. Free 1040 On its 2013 Form 943, line 11, it reported taxes of $60,000. Free 1040   Red Co. Free 1040 is a monthly schedule depositor for 2014 because its taxes for its lookback period ($48,000 for calendar year 2012) were not more than $50,000. Free 1040 However, for 2015, Red Co. Free 1040 is a semiweekly schedule depositor because the total taxes for its lookback period ($60,000 for calendar year 2013) exceeded $50,000. Free 1040 New agricultural employers. Free 1040   New agricultural employers filing Form 943 are monthly schedule depositors for the first and second calendar years of their business because their taxes for the lookback period (2 years) are considered to be zero. Free 1040 However, see the $100,000 Next-Day Deposit Rule , later in this section. Free 1040 Deposits on Business Days Only If a deposit due date falls on a day that is not a business day, the deposit is considered timely if it is made by the close of the next business day. Free 1040 A business day is any day other than a Saturday, Sunday, or legal holiday. Free 1040 For example, if a deposit is required to be made on Friday, but Friday is a legal holiday, the deposit is considered timely if it is made by the following Monday (if Monday is a business day). Free 1040 Semiweekly schedule depositors have at least 3 business days to make a deposit. Free 1040 If any of the 3 weekdays after the end of a semiweekly period is a legal holiday, you will have an additional day for each day that is a legal holiday to make the required deposit. Free 1040 For example, if a semiweekly schedule depositor accumulated taxes for payments made on Friday and the following Monday is a legal holiday, the deposit normally due on Wednesday may be made on Thursday (this allows 3 business days to make the deposit). Free 1040 Legal holiday. Free 1040   The term “legal holiday” means any legal holiday in the District of Columbia. Free 1040 Legal holidays for 2014 are listed below. Free 1040 January 1—New Year's Day January 20—Birthday of Martin Luther King, Jr. Free 1040 February 17—Washington's Birthday April 16—District of Columbia Emancipation Day May 26—Memorial Day July 4—Independence Day September 1—Labor Day October 13—Columbus Day November 11—Veterans Day November 27—Thanksgiving Day December 25—Christmas Day Application of Monthly and Semiweekly Schedules The following examples illustrate the procedure for determining the deposit date under the two different deposit schedules. Free 1040 Monthly schedule example. Free 1040   Spruce Co. Free 1040 is a monthly schedule depositor with seasonal employees. Free 1040 It paid wages each Friday during August but did not pay any wages during September. Free 1040 Under the monthly deposit schedule, Spruce Co. Free 1040 must deposit the combined tax liabilities for the four August paydays by September 15. Free 1040 Spruce Co. Free 1040 does not have a deposit requirement for September (due by October 15) because no wages were paid and, therefore, it did not have a tax liability for September. Free 1040 Semiweekly schedule example. Free 1040   Green, Inc. Free 1040 is a semiweekly schedule depositor and pays wages once each month on the last Friday of the month. Free 1040 Although Green, Inc. Free 1040 , has a semiweekly deposit schedule, it will deposit just once a month because it pays wages only once a month. Free 1040 The deposit, however, will be made under the semiweekly deposit schedule as follows: Green, Inc. Free 1040 ’s tax liability for the April 25, 2014 (Friday), payday must be deposited by April 30, 2014 (Wednesday). Free 1040 Under the semiweekly deposit schedule, liabilities for wages paid on Wednesday through Friday must be deposited by the following Wednesday. Free 1040 $100,000 Next-Day Deposit Rule If you accumulate taxes of $100,000 or more on any day during a deposit period, you must deposit by the close of the next business day, whether you are a monthly or a semiweekly schedule depositor. Free 1040 For purposes of the $100,000 rule, do not continue accumulating taxes after the end of a deposit period. Free 1040 For example, if a semiweekly schedule depositor has accumulated taxes of $95,000 on Tuesday and $10,000 on Wednesday, the $100,000 next-day deposit rule does not apply because the $10,000 is accumulated in the next deposit period. Free 1040 Thus, $95,000 must be deposited by Friday and $10,000 must be deposited by the following Wednesday. Free 1040 However, once you accumulate at least $100,000 in a deposit period, stop accumulating at the end of that day and begin to accumulate anew on the next day. Free 1040 For example, Fir Co. Free 1040 is a semiweekly schedule depositor. Free 1040 On Monday, Fir Co. Free 1040 accumulates taxes of $110,000 and must deposit on Tuesday, the next business day. Free 1040 On Tuesday, Fir Co. Free 1040 accumulates additional taxes of $30,000. Free 1040 Because the $30,000 is not added to the previous $110,000 and is less than $100,000, Fir Co. Free 1040 does not have to deposit the $30,000 until Friday (following the semiweekly deposit schedule). Free 1040 If you are a monthly schedule depositor and you accumulate a $100,000 tax liability on any day during a month, you become a semiweekly schedule depositor on the next day and remain so for the remainder of the calendar year and for the following calendar year. Free 1040 Example. Free 1040   Elm, Inc. Free 1040 started its business on May 1, 2014. Free 1040 On May 8, it paid wages for the first time and accumulated a tax liability of $40,000. Free 1040 On Friday, May 9, Elm, Inc. Free 1040 paid wages and accumulated a liability of $60,000, making its accumulated Form 941-SS tax liability total $100,000. Free 1040 Elm, Inc. Free 1040 must deposit $100,000 by Monday, May 12, the next business day. Free 1040 Because this was the first year of its business, the tax liability for its lookback period is considered to be zero, and it would be a monthly schedule depositor based on the lookback rules. Free 1040 However, because Elm, Inc. Free 1040 accumulated $100,000 on May 9, it became a semiweekly schedule depositor on May 10. Free 1040 It will be a semiweekly schedule depositor for the remainder of 2014 and for 2015. Free 1040 Accuracy of Deposits Rule You are required to deposit 100% of your tax liability on or before the deposit due date. Free 1040 However, penalties will not be applied for depositing less than 100% if both of the following conditions are met. Free 1040 Any deposit shortfall does not exceed the greater of $100 or 2% of the amount of taxes otherwise required to be deposited, and The deposit shortfall is paid or deposited by the shortfall makeup date as described below. Free 1040 Makeup date for deposit shortfall: Monthly schedule depositor. Free 1040 Deposit or pay the shortfall by the due date of your Form 941-SS, 944, or 943 for the period in which the shortfall occurred. Free 1040 You may pay the shortfall with your return even if the amount is $2,500 or more. Free 1040 Semiweekly schedule depositor. Free 1040 Deposit by the earlier of: The first Wednesday or Friday (whichever comes first) that comes on or after the 15th of the month following the month in which the shortfall occurred, or The return due date for the period in which the shortfall occurred. Free 1040 For example, if a semiweekly schedule depositor filing Form 941-SS has a deposit shortfall during July 2014, the shortfall makeup date is August 15, 2014 (Friday). Free 1040 However, if the shortfall occurred on the required April 2 (Wednesday), deposit date for a March 28 (Friday) pay date, the return due date for the March 28 pay date (April 30) would come before the May 16 (Friday) shortfall makeup date. Free 1040 In this case, the shortfall must be deposited by April 30, 2014. Free 1040 Employers of Both Farm and Nonfarm Workers If you employ both farm and nonfarm workers, you must treat employment taxes for the farmworkers (Form 943 taxes) separately from employment taxes for the nonfarm workers (Form 941-SS or 944 taxes). Free 1040 Form 943 taxes and Form 941-SS (or Form 944) taxes are not combined for purposes of applying any of the deposit rules. Free 1040 If a deposit is due, deposit the Form 941-SS (or Form 944) taxes and Form 943 taxes separately, as discussed next. Free 1040 How To Deposit You must deposit employment taxes by electronic funds transfer. Free 1040 See Payment with Return , earlier in this section, for exceptions explaining when taxes may be paid with the tax return instead of being deposited. Free 1040 Electronic deposit requirement. Free 1040   You must use electronic funds transfer to make all federal tax deposits (such as deposits of employment tax, excise tax, and corporate income tax). Free 1040 Generally, electronic fund transfers are made using the Electronic Federal Tax Payment System (EFTPS). Free 1040 If you do not want to use EFTPS, you can arrange for your tax professional, financial institution, payroll service, or other trusted third party to make electronic deposits on your behalf. Free 1040   EFTPS is a free service provided by the Department of the Treasury. Free 1040 To get more information or to enroll in EFTPS, call 1-800-555-4477 (U. Free 1040 S. Free 1040 Virgin Islands only) or 303-967-5916 (toll call). Free 1040 You can also visit the EFTPS website at www. Free 1040 eftps. Free 1040 gov. Free 1040 Additional information about EFTPS is also available in Publication 966. Free 1040 When you receive your EIN. Free 1040   If you are a new employer that indicated a federal tax obligation when requesting an EIN, you will be pre-enrolled in EFTPS. Free 1040 You will receive information about Express Enrollment in your Employer Identification Number (EIN) Package and an additional mailing containing your EFTPS personal identification number (PIN) and instructions for activating your PIN. Free 1040 Follow the steps in your “How to Activate Your Enrollment” brochure to activate your enrollment and begin making your payroll tax deposits. Free 1040 If you outsource any of your payroll and related tax duties to a third party payer, such as a payroll service provider or reporting agent, be sure to tell them about your EFTPS enrollment. Free 1040 Deposit record. Free 1040   For your records, an Electronic Funds Transfer (EFT) Trace Number will be provided with each successful payment. Free 1040 The number can be used as a receipt or to trace the payment. Free 1040 Depositing on time. Free 1040   For deposits made by EFTPS to be on time, you must initiate the deposit by 8 p. Free 1040 m. Free 1040 Eastern time the day before the date the deposit is due. Free 1040 If you use a third party to make deposits on your behalf, they may have different cutoff times. Free 1040 Same-day payment option. Free 1040   If you fail to initiate a deposit transaction on EFTPS by 8 p. Free 1040 m. Free 1040 Eastern time the day before the date a deposit is due, you can still make your deposit on time by using the Federal Tax Application (FTA). Free 1040 To use the same-day payment method, you will need to make arrangements with your financial institution ahead of time. Free 1040 Please check with your financial institution regarding availability, deadlines, and costs. Free 1040 Your financial institution may charge you a fee for payments made this way. Free 1040 To learn more about the information you will need to provide your financial institution to make a same-day wire payment, please visit www. Free 1040 eftps. Free 1040 gov to download the Same-Day Payment Worksheet. Free 1040 How to claim credit for overpayments. Free 1040   If you deposited more than the right amount of taxes for a tax period, you can choose on Form 941-SS, 941, 944, or 943 for that tax period to have the overpayment refunded or applied as a credit to your next return. Free 1040 Do not ask EFTPS to request a refund from the IRS for you. Free 1040 Deposit Penalties Penalties may apply if you do not make required deposits on time or if you make deposits of less than the required amount. Free 1040 The penalties do not apply if any failure to make a proper and timely deposit was due to reasonable cause and not to willful neglect. Free 1040 The IRS may also waive penalties if you inadvertently fail to deposit in the first quarter that a deposit is due, or the first quarter during which your frequency of deposits changed, if you timely filed your employment tax return. Free 1040 For amounts not properly or timely deposited, the penalty rates are as follows. Free 1040 2% - Deposits made 1 to 5 days late. Free 1040 5% - Deposits made 6 to 15 days late. Free 1040 10% - Deposits made 16 or more days late. Free 1040 Also applies to amounts paid within 10 days of the date of the first notice that the IRS sent asking for the tax due. Free 1040 10% - Amounts (that should have been deposited) paid directly to the IRS or paid with your tax return (but see Payment with Return , earlier in this section, for exceptions). Free 1040 15% - Amounts still unpaid more than 10 days after the date of the first notice that the IRS sent asking for the tax due or the day on which you received notice and demand for immediate payment, whichever is earlier. Free 1040 Late deposit penalty amounts are determined using calendar days, starting from the due date of the liability. Free 1040 Special rule for former Form 944 filers. Free 1040    If you filed Form 944 for the prior year and must file Forms 941-SS for the current year because your employment tax liability for the prior year exceeded the Form 944 eligibility requirement ($1,000 or less), the failure-to-deposit penalty will not apply to a late deposit of employment taxes for the first month of the current year if the taxes are deposited in full by March 15 of the current year. Free 1040 Order in which deposits are applied. Free 1040   Deposits generally are applied to the most recent tax liability within the return period (quarter or year). Free 1040 However, if you receive a failure-to-deposit penalty notice, you may designate how your payment is to be applied in order to minimize the amount of the penalty, if you do so within 90 days of the date of the notice. Free 1040 Follow the instructions on the penalty notice that you received. Free 1040 For more information on designating deposits, see Revenue Procedure 2001-58. Free 1040 You can find Revenue Procedure 2001-58 on page 579 of Internal Revenue Bulletin 2001-50 at www. Free 1040 irs. Free 1040 gov/pub/irs-irbs/irb01-50. Free 1040 pdf. Free 1040 Example. Free 1040 Cedar, Inc. Free 1040 is required to make a deposit of $1,000 on July 15 and $1,500 on August 15. Free 1040 It does not make the deposit on July 15. Free 1040 On August 15, Cedar, Inc. Free 1040 deposits $2,000. Free 1040 Under the deposits rule, which applies deposits to the most recent tax liability, $1,500 of the deposit is applied to the August 15 deposit and the remaining $500 is applied to the July deposit. Free 1040 Accordingly, $500 of the July 15 liability remains undeposited. Free 1040 The penalty on this underdeposit will apply as explained earlier. Free 1040 Trust fund recovery penalty. Free 1040   If federal income, social security, or Medicare taxes that must be withheld are not withheld or are not deposited or paid to the United States Treasury, the trust fund recovery penalty may apply. Free 1040 The penalty is the full amount of the unpaid trust fund tax. Free 1040 This penalty may apply to you if these unpaid taxes cannot be immediately collected from the employer or business. Free 1040   The trust fund recovery penalty may be imposed on all persons who are determined by the IRS to be responsible for collecting, accounting for, and paying over these taxes, and who acted willfully in not doing so. Free 1040   A responsible person can be an officer or employee of a corporation, a partner or employee of a partnership, an accountant, a volunteer director/trustee, or an employee of a sole proprietorship, or any other person or entity that is responsible for collecting, accounting for, and paying over trust fund taxes. Free 1040 A responsible person also may include one who signs checks for the business or otherwise has authority to cause the spending of business funds. Free 1040    Willfully means voluntarily, consciously, and intentionally. Free 1040 A responsible person acts willfully if the person knows the required actions of collecting, accounting for or paying over trust fund taxes are not taking place, or recklessly disregards obvious and known risks to the government's right to receive trust fund taxes. Free 1040 “Averaged” failure-to-deposit penalty. Free 1040   The IRS may assess an “averaged” failure-to-deposit (FTD) penalty of 2% to 10% if you are a monthly schedule depositor and did not properly complete Form 941-SS, line 14, when your tax liability shown on Form 941-SS, line 10, was $2,500 or more. Free 1040 IRS may also assess this penalty of 2% to 10% if you are a semiweekly schedule depositor and your tax liability shown on Form 941-SS, line 10, was $2,500 or more and you did any of the following. Free 1040 Completed Form 941-SS, line 14, instead of Schedule B (Form 941). Free 1040 Failed to attach a properly completed Schedule B (Form 941). Free 1040 Completed Schedule B (Form 941) incorrectly, for example, by entering tax deposits instead of tax liabilities in the numbered spaces. Free 1040   The IRS figures the penalty by allocating your total tax liability shown on Form 941-SS, line 10, equally throughout the tax period. Free 1040 Your deposits and payments may not be counted as timely because IRS does not know the actual dates of your tax liabilities. Free 1040   You can avoid the penalty by reviewing your return before filing it. Free 1040 Follow these steps before filing your Form 941-SS. Free 1040 If you are a monthly schedule depositor, report your tax liabilities (not your deposits) in the monthly entry spaces on Form 941-SS, line 14. Free 1040 If you are a semiweekly schedule depositor, report your tax liabilities (not your deposits) on Schedule B (Form 941) in the lines that represent the dates you paid your employees. Free 1040 Verify that your total liability shown on Form 941-SS, line 14, or the bottom of Schedule B (Form 941) equals your tax liability shown on Form 941-SS,  line 10. Free 1040 Do not show negative amounts on Form 941-SS, line 14, or Schedule B (Form 941). Free 1040 For prior period errors, do not adjust your tax liabilities reported on your current Form 941-SS, line 14, or on Schedule B (Form 941). Free 1040 Instead, file an adjusted return (Form 941-X (if you are adjusting a previously filed Form 941-SS) or Form 944-X (if you are adjusting a previously filed Form 944-SS or 944)) if you are also adjusting your tax liability. Free 1040 If you are only adjusting your deposits in response to a failure-to-deposit penalty notice, see the Instructions for Schedule B (Form 941) (if you previously filed Form 941-SS) or the Instructions for Form 944-X (if you previously filed Form 944-SS or 944). Free 1040 If you filed Form 944 for 2013 and line 7 was $2,500 or more, you were required to complete Form 944, lines 13a–13m, or attach Form 945-A, Annual Record of Federal Tax Liability. Free 1040 If you failed to complete lines 13a–13m, or failed to attach Form 945-A, whichever was required, IRS may assess an “averaged” failure-to-deposit (FTD) penalty. Free 1040 9. Free 1040 Employer's Returns General instructions. Free 1040   File Forms 941-SS (or Form 944) for nonfarm workers and Form 943 for farmworkers. Free 1040 (U. Free 1040 S. Free 1040 Virgin Islands employers may be required to file Form 940 for the combined wages of nonfarm workers and farmworkers. Free 1040 ) Employers with employees subject to U. Free 1040 S. Free 1040 income tax withholding. Free 1040   If you have both employees who are subject to U. Free 1040 S. Free 1040 income tax withholding and employees who are not subject to U. Free 1040 S. Free 1040 income tax withholding, you must file only Form 941 (or Form 944) and include all your employees’ wages on that form. Free 1040 Nonfarm employers. Free 1040   File Form 941-SS for the calendar quarter in which you first pay wages for nonfarm workers and for each quarter thereafter unless you are a seasonal employer or file a final return. Free 1040 Due dates for each quarter of the calendar year are as follows. Free 1040 Quarter Due Jan. Free 1040 , Feb. Free 1040 , Mar. Free 1040 Apr. Free 1040 30 Apr. Free 1040 , May, June July 31 July, Aug. Free 1040 , Sept. Free 1040 Oct. Free 1040 31 Oct. Free 1040 , Nov. Free 1040 , Dec. Free 1040 Jan. Free 1040 31   However, if you deposited all taxes when due for the quarter, you have 10 additional days from the due dates to file the return. Free 1040 If the due date for filing your return falls on a Saturday, Sunday, or legal holiday, you may file on the next business day. Free 1040   If you closed your business or stopped paying wages and do not have to file returns in the future, check the box on line 15 of your final Form 941-SS and show the date final wages were paid. Free 1040 Form 944. Free 1040   If IRS notified you to file Form 944, file your 2013 Form 944 by January 31, 2014, or by February 10, 2014 (if you deposited all taxes when due). Free 1040 Household employers reporting social security and Medicare taxes. Free 1040   If you are a sole proprietor and file Forms 941-SS (or Form 944) for business employees, you may include taxes for household employees on your Forms 941-SS (or Form 944). Free 1040 Otherwise, report social security and Medicare taxes for household employees on Schedule H (Form 1040), Household Employment Taxes. Free 1040 See Publication 926, Household Employer's Tax Guide, for more information. Free 1040 Employers of farmworkers. Free 1040   Every employer of farmworkers must file a Form 943 for each calendar year beginning with the first year the employer pays $2,500 or more for farmwork or employs a farmworker who meets the $150 test described in section 6. Free 1040   File a Form 943 each year for all taxable wages paid for farmwork. Free 1040 You may report household workers in a private home on a farm operated for profit on Form 943. Free 1040 Do not report wages for farmworkers on Form 941-SS or 944. Free 1040   Send Form 943 to the IRS by January 31 of the following year. Free 1040 Send it with payment of any taxes due that you are not required to deposit. Free 1040 If you deposited all taxes when due, you have 10 additional days to file. Free 1040 Penalties. Free 1040   For each whole or part month that a return is not filed when required (disregarding any extensions of the filing deadline), there is a failure-to-file penalty of 5% of the unpaid tax due with that return. Free 1040 The maximum penalty is generally 25% of the tax due. Free 1040 Also, for each whole or part month that the tax is paid late (disregarding any extensions of the payment deadline), there is a failure-to-pay penalty of 0. Free 1040 5% per month of the amount of tax. Free 1040 For individual filers only, the failure-to-pay penalty is reduced from 0. Free 1040 5% per month to 0. Free 1040 25% per month if an installment agreement is in effect. Free 1040 You must have filed your return on or before the due date of the return to qualify for the reduced penalty. Free 1040 The maximum amount of the failure-to-pay penalty is also 25% of the tax due. Free 1040 If both penalties apply in any month, the failure-to-file penalty is reduced by the amount of the failure-to-pay penalty. Free 1040 The penalties will not be charged if you have a reasonable cause for failing to file or pay. Free 1040 If you receive a penalty notice, you can provide an explanation of why you believe reasonable cause exists. Free 1040 Reporting Adjustments to Form 941-SS, 944-SS, 944, or 943 Current Period Adjustments Make current period adjustments for fractions of cents, sick pay, tips, and group-term life insurance on your Form 941-SS, 944, or 943. Free 1040 See the Instructions for Form 941-SS, Instructions for Form 944, or Instructions for Form 943 for information on how to report these adjustments. Free 1040 Prior Period Adjustments Forms for prior period adjustments. Free 1040   Use Form 941-X or Form 944-X to make a correction after you discover an error on a previously filed Form 941 or Form 944. Free 1040 There are also Forms 943-X, 945-X, and CT-1X to report corrections on the corresponding returns. Free 1040 Form 941-X and Form 944-X also replace Form 843, Claim for Refund and Request for Abatement, for employers to request a refund or abatement of overreported employment taxes. Free 1040 Continue to use Form 843 when requesting a refund or abatement of assessed interest or penalties. Free 1040 See Revenue Ruling 2009-39, 2009-52 I. Free 1040 R. Free 1040 B. Free 1040 951, for examples of how the interest-free adjustment and claim for refund rules apply in 10 different situations. Free 1040 You can find Revenue Ruling 2009-39, at www. Free 1040 irs. Free 1040 gov/irb/2009-52_IRB/ar14. Free 1040 html. Free 1040 Background. Free 1040   Treasury Decision 9405 changed the process for making interest-free adjustments to employment taxes reported on Forms 941-SS, 943, 944-SS, and 944, and for filing a claim for refund of employment taxes. Free 1040 Treasury Decision 9405, 2008-32 I. Free 1040 R. Free 1040 B. Free 1040 293, is available at www. Free 1040 irs. Free 1040 gov/irb/2008-32_IRB/ar13. Free 1040 html. Free 1040 You will use the adjustment process if you underreported employment taxes and are making a payment, or if you overreported employment taxes and will be applying the credit to the Form 941-SS, 943, or 944 period during which you file Forms 941-X, 943-X, or 944-X, respectively. Free 1040 You will use the claim process if you overreported employment taxes and are requesting a refund or abatement of the overreported amount. Free 1040 We use the terms “correct” and “corrections” to include interest-free adjustments under sections 6205 and 6413, and claims for refund and abatement under sections 6402, 6414, and 6404 of the Internal Revenue Code. Free 1040 Correcting employment taxes. Free 1040   When you discover an error on a previously filed Form 941-SS, 943, 944-SS, or 944, you must: Correct that error using Form 941-X, Form 943-X, or Form 944-X, File a separate Form 941-X, Form 943-X, or Form 944-X for