Table of Contents
- Part 1:Answer these questionsfor 2008
- 1. Wages, tips, and other compensation
- 2. Income tax withheld from wages, tips, and other compensation
- 3. If no wages, tips, and compensation are subject to social security or Medicare tax
- 4. Taxable social security and Medicare wages and tips
- 5. Total taxes before adjustments
- 6.TAX ADJUSTMENTS
- 7. Total taxes after adjustments
- 8. Advance earned income credit (EIC) payments made to employees
- 9. Total taxes after adjustment foradvance EIC
- 10. Total deposits for this year, including overpayments applied from a prior year
- 11. Balance due
- 12.Overpayment
- Complete both pages.
- Part 2:Tell us about your tax liability for 2008
- Part 3:Tell us about your business
- Part 4:May we speak with your third-party designee?
- Part 5:Sign here
- How to Order Forms and Publications from the IRS
- Other IRS Products You May Need
Enter amounts on line 1 that would also be included in box 1 of your employees' Forms W-2. See the Instructions for Forms W-2 and W-3 for details.
Enter the federal income tax that you withheld (or were required to withhold) from your employees on this year's wages, tips, taxable fringe benefits, and supplemental unemployment compensation benefits.
If no wages, tips, and compensation are subject to social security or Medicare taxes, check the box on line 3 and go to line 5. If this question does not apply to you, leave the box blank. For more information about exempt wages, see section 15 of Pub. 15 (Circular E). For religious exemptions, see section 4 of Pub. 15-A.
| line 4a | (column 1) | ||
| x.124 | |||
| line 4a | (column 2) |
Enter all tips your employees reported to you during the year until the total of the tips and wages for an employee reach $102,000 in 2008. Do this even if you were unable to withhold the 6.2% employee's share of social security tax.
An employee must report cash tips to you, including tips you paid the employee for charge customers, totaling $20 or more in a month by the 10th of the next month. Employees may use Form 4070, Employee's Report of Tips to Employer, or submit a written statement or electronic tip record.
| line 4b | (column 1) | ||
| x .124 | |||
| line 4b | (column 2) |
Report all wages, tips, sick pay, and taxable fringe benefits that are subject to Medicare tax. Unlike social security wages, there is no limit on the amount of wages subject to Medicare tax.
Include all tips your employees reported during the year, even if you were unable to withhold the employee tax
of 1.45%.
| line 4c | (column 1) | ||
| x .029 | |||
| line 4c | (column 2) |
For more information on tips, see section 6 of Pub. 15
(Circular E).
Add the federal income tax withheld from wages, tips, and other compensation (line 2) and total social security and Medicare taxes before adjustments (line 4d) and enter the result on line 5.
Enter tax amounts on lines 6a through 6e that result from current or prior period adjustments. Use a minus sign (if possible) to show an adjustment that decreases the total taxes shown on line 5. Otherwise, use parentheses. Do not enter an amount on line 6d or line 6e unless the IRS has sent you a notice instructing you to do so.
For errors discovered after 2008, make corrections to a previously filed Form 944 on Form 944-X. Lines 6b, 6c, 6d, 6e, and 6f will be deleted from the 2009 Form 944.
In certain cases, you must adjust the amounts you reported as social security and Medicare taxes in column 2 of lines 4a,
4b, and 4c to figure your correct tax liability for this year's Form 944. See
section 13 of Pub. 15 (Circular E). Do not attach Form 941c or an equivalent statement for current year adjustments.
Enter adjustments for fractions of cents (due to rounding) relating to the employee share of social security and Medicare taxes withheld. The employee share (one-half) of amounts shown in column 2 of lines 4a, 4b, and 4c may differ slightly from amounts actually withheld from employees' paychecks due to rounding social security and Medicare taxes based on statutory rates.
Enter the adjustment for the employee share of social security and Medicare taxes that were withheld by your third-party sick pay payer.
Enter adjustments for both the following items.
-
Any uncollected employee share of social security and
Medicare taxes on tips. -
The uncollected employee share of social security and
Medicare taxes on group-term life insurance premiums
paid for former employees.
Generally, you cannot adjust amounts reported as federal income tax withheld in a prior calendar year unless it is to correct
an administrative error. An administrative error happened if the amount you entered on a prior year
Form 944 or Form 941 was not the same amount you actually withheld. For example, when the total amount of federal income tax
actually withheld was not reported correctly on Form 944 because of a mathematical or transposition error, the difference
is an administrative error. The administrative error adjustment corrects the amounts reported on a prior return to agree with
the amount actually withheld from the employee. Remember to attach
Form 941c to explain the adjustment.
Use line 6c to adjust amounts reported on previous returns. If you need to report both an increase and a decrease for the same line, show only the difference.
Adjustments you report here change your tax liability and your tax deposits. You will have to take these adjustments into account on lines 13a through 13l. Enter your tax liability amounts for each month. You must explain any adjustments that you make on Form 941c or in an equivalent statement.
Form 941c is not an amended return but is a statement providing the necessary information and certifications for adjustments shown on lines
6c through 6e. Do not file
Form 941c separately from Form 944. For more information, see section 13 of Pub. 15 (Circular E).
If you are adjusting an employee's social security wages, social security tips, or Medicare wages and tips for a prior year, you must also file Form W-2c, Corrected Wage and Tax Statement, and Form W-3c, Transmittal of Corrected Wage and Tax Statements.
Use this line only if the IRS has sent you a notice instructing you to do so. You must attach Form 941c explaining the tax increase.
Use this line only if the IRS has sent you a notice instructing you to do so. You must attach Form 941c explaining the tax increase.
Combine the amounts shown on lines 5 and 6f and enter the result on line 7.
Enter the amount of the advance earned income credit (EIC) payments that you made to your employees. Eligible employees may
choose to receive part of the EIC as an advance payment. Those who expect to have a qualifying child must give you a completed
Form W-5 stating they expect to qualify for the EIC. Once the employee gives you a signed and completed Form W-5, you must
make the advance EIC payments starting with the employee's next wage payment. Advance EIC payments are generally made from
withheld federal income tax and employee and employer social security and Medicare taxes. See
section 10 of Pub. 15 (Circular E) and Pub. 596.
If line 8 is more than line 7, you may claim a refund of the overpayment or elect to have the credit applied to your return for the next year. Attach a statement to Form 944 identifying the amount of excess payment and the pay periods in which you paid it.
Calculate your total taxes as shown below.
| line 7 | |||
| −line 8 | |||
| line 9 |
-
If line 9 is less than $2,500, you may pay the
amount with Form 944 because you were
not required to deposit. See section 11 of Pub. 15
(Circular E) for information about federal tax deposits. -
If line 9 is $2,500 or more, you generally must deposit
your tax liabilities using EFTPS or at an authorized
financial institution with Form 8109. However, if you
deposited all taxes accumulated in the first three quarters
of the year and your fourth quarter liability is less than
$2,500, you may pay taxes accumulated during the fourth
quarter on Form 944. The amount shown on line 9
must equal line 13m, Total liability for year.
Enter your deposits for this year, including any deposits that you were required to make to cover prior period liabilities resulting from adjustments shown on lines 6a–6e. Also include in the amount shown any overpayment from a previous period that you applied to this return.
If line 9 is more than line 10, write the difference on line 11. Otherwise, see Overpayment on page 7.
You do not have to pay if line 11 is less than $1. Generally, you should have a balance due only if your total taxes after adjustment for advance EIC (line 9) are less than $2,500. See If line 9 is $2,500 or more above for an exception.
If line 11 is:
-
Less than $1, you do not have to pay it.
-
Between $1 and $2,500, you can pay the amount owed
with your return. Make your check or money order
payable to the United States Treasury and write your
EIN, Form 944, and 2008 on the check or money order.
Complete Form 944-V, Payment Voucher, and enclose it
with your return. -
$2,500 or more, you must deposit your tax. See Must You
Deposit Your Taxes? on page 4.
You may pay the amount shown on line 11 using EFTPS, a credit card, or electronic funds withdrawal (EFW). Do not use a credit card or EFW to pay taxes that were required to be deposited. For more information on paying your taxes with a
credit card or EFW, visit the IRS website at
www.irs.gov and click on the electronic IRS link.
If you pay by EFTPS or credit card, file your return using the “Without a payment” address on page 4 under Where Should You File? and do not file Form 944-V.
If you are required to make deposits and, instead, pay the taxes with Form 944, you may be subject to a penalty.
If line 10 is more than line 9, enter the amount on line 12. Never make an entry on both lines 11 and 12.
If you deposited more than the correct amount for a year, you can choose to have the overpayment refunded to you or applied
to your next return. Check the appropriate box in
line 12. If you do not check either box, we will automatically refund the overpayment. We may apply your overpayment to any
past due tax account that is shown in our records under your EIN.
If line 12 is less than $1, we will send a refund or apply it to your next return only if you ask us in writing to do so.
If line 9 is less than $2,500, check the first box in line 13 and go to Part 3, line 15.
If line 9 is $2,500 or more, check the second box on
line 13. If you are a monthly schedule depositor, fill out your tax liability for each month and figure the total liability
for the year. If you do not enter your tax liability for each month, the IRS will not know when you should have made deposits
and may assess an “averaged” failure-to-deposit penalty. See
section 11 of Pub. 15 (Circular E). If your tax liability for any month is negative (for example, if you are adjusting an
overreported liability in a prior month), do not enter a negative amount for the month. Instead, enter zero for the month
and subtract that negative amount from your tax liability for the next month.
If you are a semiweekly schedule depositor or if you accumulate $100,000 or more in tax liability on any day in a deposit period, you must complete Form 945-A and file it with Form 944. See the Next Day Deposit Rule in section 11 of Pub. 15 (Circular E). Do not complete lines 13a–13m if you file Form 945-A.
If you made deposits of taxes reported on Form 944, write the two-letter United States Postal Service abbreviation for the state where you deposit your taxes using Form 8109 or initiate EFTPS transfers. IRS uses the state shown to determine banking days for purposes of deposit due dates. Official state holidays for the state shown are not counted as banking days. If you deposit in multiple states, enter “MU” in the spaces provided.
When you deposit in multiple states, IRS cannot determine what portion of your liability was affected by a state holiday and may propose a deposit penalty for one or more of the states where you made deposits. If you receive a notice and your deposit due date was extended because of a state bank holiday, respond to the notice citing the state holiday and applicable deposit amount.
In Part 3, answer question 15 only if it applies to your business. If it does not apply, leave it blank and go to Part 4.
If you want to allow an employee, a paid tax preparer, or another person to discuss your Form 944 with the IRS, check the “Yes” box in Part 4. Enter the name, phone number, and the 5-digit personal identification number (PIN) of the specific person to contact—not the name of the firm who prepared your tax return. The designee may choose any numbers as his or her PIN.
By checking “Yes,” you authorize the IRS to talk to the person you named (your designee) about any questions we may have while we process your return. You also authorize your designee to do all the following.
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Give us any information that is missing from your return.
-
Call us for information about processing your return.
-
Respond to certain IRS notices that you have shared with
your designee about math errors and return preparation.
The IRS will not send notices to your designee.
You are not authorizing your designee to bind you to anything (including additional tax liability) or to otherwise represent you before the IRS. If you want to expand your designee's authorization, see Pub. 947, Practice Before the IRS and Power of Attorney.
The authorization will automatically expire 1 year after the due date (without regard to extensions) for filing Form 944.
If you or your designee want to terminate the authorization, write to the IRS office for your locality using the “Without a payment” address under Where Should You File? on
page 4.
Complete all information in Part 5 and sign Form 944 as follows.
vice president, or other principal officer.
responsible and duly authorized member or officer having
knowledge of its affairs.
If you have filed a valid power of attorney, your duly authorized agent may also sign Form 944.
www.irs.gov/pub/irs-irbs/irb05-28.pdf.
Form 944 and is not an employee of the filing entity. Paid preparers must sign paper returns with a manual signature. The preparer must give you a copy of the return in addition to the copy to be filed with the IRS. If you are a paid preparer, write your SSN or your Preparer Tax Identification Number (PTIN) in the space provided. Include your complete address. If you work for a firm, write the firm's name and the EIN of the firm. You can apply for a PTIN using Form W-7P, Application for Preparer Tax Identification Number. You cannot use your PTIN in place of the EIN of the tax preparation firm. Generally, do not complete this section if you are filing the return as a reporting agent and have a valid Form 8655, Reporting Agent Authorization, on file with the IRS. However, a reporting agent must complete this section if the reporting agent offered legal advice, for example, advising the client on determining whether its workers are employees or independent contractors for Federal tax purposes.
Call 1-800-829-3676.
Visit the IRS website at www.irs.gov.
| • | Form SS-4, Application for Employer Identification Number |
| • | Form W-2, Wage and Tax Statement |
| • | Form W-2c, Corrected Wage and Tax Statement |
| • | Form W-3, Transmittal of Wage and Tax Statements |
| • | Form W-3c, Transmittal of Corrected Wage and Tax Statements |
| • | Form W-4, Employee's Withholding Allowance Certificate |
| • | Form W-5, Earned Income Credit Advance Payment Certificate |
| • | Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return |
| • | Form 941, Employer's QUARTERLY Federal Tax Return |
| • | Form 941c, Supporting Statement to Correct Information |
| • | Form 943, Employer's Annual Federal Tax Return for Agricultural Employees |
| • | Form 944-X, Adjusted Employer's ANNUAL Federal Tax Return and Claim for Refund (available in 2009) |
| • | Form 945-A, Annual Record of Federal Tax Liability |
| • | Form 4070, Employee's Report of Tips to Employer |
| • | Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips |
| • | Instructions for Forms W-2 and W-3 |
| • | Instructions for Form 941 |
| • | Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC) |
| • | Pub. 15 (Circular E), Employer's Tax Guide |
| • | Pub. 15-A, Employer's Supplemental Tax Guide |
| • | Pub. 15-B, Employer's Tax Guide to Fringe Benefits |
| • | Pub. 51 (Circular A), Agricultural Employer's Tax Guide |
| • | Pub. 596, Earned Income Credit |
| • | Pub. 926, Household Employer's Tax Guide |
| • | Pub. 947, Practice Before the IRS and Power of Attorney |
| • | Schedule H (Form 1040), Household Employment Taxes |
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