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Specific Instructions:

Part 1:Answer these questionsfor 2008

1. Wages, tips, and other compensation

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.

2. Income tax withheld from wages, tips, and other compensation

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.

3. If no wages, tips, and compensation are subject to social security or Medicare tax

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.

4. Taxable social security and Medicare wages and tips

4a. Taxable social security wages.   Report the total wages, sick pay, and fringe benefits subject to social security taxes that you paid to your employees during the year.

  Enter the amount before deductions. Do not include tips on this line. For information on types of wages subject to social security taxes, see section 5 of Pub. 15 (Circular E).

  The rate of social security tax on taxable wages is 6.2% (.062) each for the employer and employee or 12.4% (.124) for both. Stop paying social security tax on and reporting an employee's wages on line 4a when the employee's taxable wages (including tips) reach $102,000 during 2008. However, continue to withhold income and Medicare taxes for the whole year on wages and tips even when the social security wage base of $102,000 has been reached.

  
line 4a (column 1)
x.124  
line 4a (column 2)

4b. Taxable social security tips.

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)

4c. Taxable Medicare wages and tips.

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).

4d. Total social security and Medicare taxes.

Add social security tax, social security tips tax, and Medicare tax.

line 4a (column 2)
line 4b (column 2)
+line 4c (column 2)
line 4d  

5. Total taxes before adjustments

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.

6.TAX ADJUSTMENTS

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.

6a. Current year's adjustments.

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.

Fractions of cents.

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.

Sick pay.

Enter the adjustment for the employee share of social security and Medicare taxes that were withheld by your third-party sick pay payer.

Adjustments for tips and group-term life insurance.

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.

6b. Prior years' income tax withholding adjustments.

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.

6c. Prior years' social security and Medicare tax adjustments.

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.

6d. Special additions to federal income tax.

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.

6e. Special additions to social security and Medicare taxes.

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.

6f. TOTAL ADJUSTMENTS.

Combine all adjustments shown on lines 6a through 6e and enter the result on line 6f.

7. Total taxes after adjustments

Combine the amounts shown on lines 5 and 6f and enter the result on line 7.

8. Advance earned income credit (EIC) payments made to employees

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.

9. Total taxes after adjustment foradvance EIC

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.

10. Total deposits for this year, including overpayments applied from a prior 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.

11. Balance due

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.

12.Overpayment

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.

Complete both pages.

You must complete both pages of Form 944 and sign on page 2. Failure to do so may delay processing of your return.

Part 2:Tell us about your tax liability for 2008

13. Check one

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.

Note.   Your total tax liability for the year (line 13m) must equal your total taxes on line 9.

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.

14.State abbreviation

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.

Part 3:Tell us about your business

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.

15.If your business has closed or you stopped paying wages...

If you go out of business or stop paying wages, you must file a final return. To notify the IRS that a particular Form 944 is your final return, check the box on line 15 and enter the date you last paid wages in the space provided.

Part 4:May we speak with your third-party designee?

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.

  • 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.

Part 5:Sign here

Complete all information in Part 5 and sign Form 944 as follows.

•Sole proprietorship—   The individual who owns the
business.

•Corporation (including a limited liability company(LLC) treated as a corporation)—   The president,
vice president, or other principal officer.

•Partnership (including an LLC treated as apartnership) or unincorporated organization—   A
responsible and duly authorized member or officer having
knowledge of its affairs.

•Single member LLC treated as a disregarded entity—   
The owner of the LLC.

•Trust or estate—   The fiduciary.

If you have filed a valid power of attorney, your duly authorized agent may also sign Form 944.

Alternative signature method.   Corporate officers or duly authorized agents may sign Form 944 by rubber stamp, mechanical device, or computer software program. For details and required documentation, see Rev. Proc. 2005-39. You can find Rev. Proc. 2005-39 on page 82 of Internal Revenue Bulletin 2005-28 at
www.irs.gov/pub/irs-irbs/irb05-28.pdf.

Paid preparers.   A paid preparer must sign Form 944 and provide the information in the Paid Preparer's Use Only section of Part 5 if the preparer was paid to prepare
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.

How to Order Forms and Publications from the IRS

Call 1-800-829-3676.

Visit the IRS website at www.irs.gov.

Other IRS Products You May Need

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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