Table of Contents
Use Form 944-X to correct errors on a previously filed Form 944. Use Form 944-X to correct:
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Wages, tips, and other compensation;
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Income tax withheld from wages, tips, and other compensation;
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Taxable social security wages;
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Taxable social security tips;
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Taxable Medicare wages and tips;
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Advance earned income credit (EIC) payments made to employees (for years ending before January 1, 2011);
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Credits for COBRA premium assistance payments;
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Credit for qualified employer's share of social security tax on wages/tips paid to qualified employees March 19–31, 2010; and
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Exemption for qualified employer's share of social security tax on wages/tips paid to qualified employees April 1–December 31, 2010.
Use Form 843, Claim for Refund and Request for Abatement, to request a refund or abatement of assessed interest or penalties. Do not request abatement of assessed interest or penalties on Form 944 or Form 944-X.
When you discover an error on a previously filed Form 944, you must:
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Correct that error using Form 944-X,
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File a separate Form 944-X for each Form 944 that you are correcting, and
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File Form 944-X separately. Do not file Form 944-X with
Form 944.
If you did not file a Form 944 for one or more years for which you should have filed Form 944, do not use Form 944-X. Instead, file Form 944 for each of those years. See also When Should You File Form 944-X, later. However, if you did not file Forms 944 because you improperly treated workers as independent contractors or nonemployees and are now reclassifying them as employees, see the instructions for line 22, later.
Report the correction of underreported and overreported amounts for the same year on a single Form 944-X, unless you are requesting a refund or abatement. If you are requesting a refund or abatement and you are correcting both underreported and overreported amounts, file one Form 944-X correcting the underreported amounts only and a second Form 944-X correcting the overreported amounts.
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 Form 944 for the period during which you file Form 944-X. However, see the Caution under Is There a Deadline for Filing Form 944-X, later, if you are correcting overreported amounts during the last 90 days of a period of limitations. You will use the claim process if you overreported employment taxes and are requesting a refund or abatement of the overreported amount. Follow the chart on the back of Form 944-X for help in choosing whether to use the adjustment process or the claim process. Be sure to give us a detailed explanation on line 23 for each correction that you show on Form 944-X.
Continue to report current year adjustments for fractions of cents, third-party sick pay, tips, and group-term life insurance on Form 944, line 6.
You have additional requirements to complete when filing Form 944-X, such as certifying that you filed (or will file) all applicable Forms W-2, Wage and Tax Statements, and Forms W-2c, Corrected Wage and Tax Statements. For corrections of overreported federal income tax, social security or Medicare tax, you must make any certifications that apply to your situation.
Be sure to give us a detailed explanation on line 23 for each correction you show on Form 944-X.
For help filing Form 944-X or for questions about federal employment taxes and tax corrections, you can:
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Call the IRS Business and Specialty Tax Line toll-free at 1-800-829-4933 or 1-800-829-4059 (TDD/TTY for persons who are deaf, hard of hearing, or have a speech disability) Monday–Friday 7:00 a.m.–7:00 p.m. local time (Alaska and Hawaii follow Pacific time),
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Visit the IRS website at www.irs.gov/businesses and click on the Employment Taxes link under Businesses Topics, or
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See Pub. 15 (Circular E), Employer's Tax Guide, for correcting Form 944, or Pub. 80 (Circular SS), Federal Tax Guide for Employers in the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, for correcting Form 944-SS.
See also How Can You Order Forms and Publications from the IRS, later.
File Form 944-X when you discover an error on a previously filed Form 944.
However, if your only errors on Form 944 relate to federal tax liabilities reported in Part 2 of Form 944 or on Form 945-A, Annual Record of Federal Tax Liability, do not file Form 944-X. To correct federal tax liabilities reported in Part 2 of Form 944, file an amended Form 945-A, but only enter the monthly totals. The daily entries are not required. For more information about correcting federal tax liabilities reported on Form 945-A, see the Form 945-A instructions.
Example—You owe tax.
On February 11, 2013, you discover that you underreported $1,000 of social security and Medicare wages on your 2012 Form 944. File Form 944-X and pay the amount you owe by January 31, 2014, because you discovered the error in 2013 and January 31, 2014, is the due date for that year. If you file Form 944-X before January 31, 2014, pay the amount you owe by the time you file.
Example—You want your credit applied to Form 944.
You filed your 2012 Form 944 on January 31, 2013, and payments were timely made. On May 1, 2013, you discover that you overreported tax on your 2012 Form 944. You file Form 944-X on June 1, 2013. IRS treats your credit as a tax deposit made on January 1, 2013. When you file your 2013 Form 944, include the amount from Form 944-X, line 20, on the “Total deposits” line of your 2013 Form 944.
Generally, you may correct overreported taxes on a previously filed Form 944 if you file Form 944-X within 3 years of the date Form 944 was filed or 2 years from the date you paid the tax reported on Form 944, whichever is later. You may correct underreported taxes on a previously filed Form 944 if you file Form 944-X within 3 years of the date the Form 944 was filed. We call each of these time frames a “period of limitations.” For purposes of the period of limitations, Form 944 is considered filed on April 15 of the succeeding year if filed before that date.
Example.
You filed your 2010 Form 944 on January 27, 2011, and payments were timely made. The IRS treats the return as if it were filed on April 15, 2011. On January 22, 2014, you discover that you overreported social security and Medicare wages on that form by $350. To correct the error, you must file Form 944-X by April 15, 2014, which is the end of the period of limitations, and use the claim process.
Send your completed Form 944-X to the address shown below.
| IF you are in | THEN use this address |
|---|---|
| Special filing addresses for exempt organizations; federal, state, and local governmental entities; and Indian tribal governmental entities; regardless of location | Department of the Treasury Internal Revenue Service Ogden, UT 84201-0044 |
| Connecticut, Delaware, District of Columbia, Florida, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin | Department of the Treasury Internal Revenue Service Cincinnati, OH 45999-0044 |
| Alabama, Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming | Department of the Treasury Internal Revenue Service Ogden, UT 84201-0044 |
| No legal residence or principal place of business in any state | Internal Revenue Service P.O. Box 409101 Ogden, UT 84409 |
Use a separate Form 944-X for each Form 944 you are correcting. For example, if you found errors on your Forms 944 for 2011 and 2012, file one Form 944-X to correct the 2011 Form 944. File a second Form 944-X to correct the 2012 Form 944.
Enter your EIN, name, and address in the spaces provided. Also enter your name and EIN on the tops of pages 2 and 3, and on any attachments. If your address has changed since you filed your Form 944, enter the corrected information and the IRS will update your address of record. Be sure to write your name, EIN, Form 944-X, and calendar year on the top of any attachments.
In the box at the top of Form 944-X, page 1, check the type of return (Form 944 or Form 944-SS) you are correcting. Enter the calendar year of the Form 944 you are correcting. Enter the calendar year on pages 2 and 3 in the box marked “Correcting calendar year.” Be sure to write your name, EIN, Form 944-X, and calendar year on the top of any attachments.
You must enter the date you discovered errors. You discover an error when you have enough information to be able to correct the error. If you are reporting several errors you discovered at different times, enter the earliest date you discovered an error here. Report any subsequent dates and related errors on line 23.
You must provide all of the information requested at the top of Form 944-X, page 1. You must check one box (but not both) in Part 1. In Part 2, you must check the box on line 3 and any boxes that apply on lines 4 and 5. In Part 3, if any line does not apply, leave it blank. Complete Parts 4 and 5 as instructed.
Form 944-X uses negative numbers to show reductions in tax (credits) and positive numbers to show additional tax (amounts you owe).
When reporting a negative amount in columns 3 and 4, use a minus sign instead of parentheses. For example, enter “-10.59” instead of “(10.59).” However, if you are completing the return on your computer and your software only allows you to use parentheses to report negative amounts, you may use them.
You can help the IRS process Form 944-X timely and accurately if you follow these guidelines.
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Type or print your entries.
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Use Courier font (if possible) for all typed or computer-generated entries.
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Omit dollar signs. You may use commas and decimal points, if desired. Enter dollar amounts to the left of any preprinted decimal point and cents to the right of it.
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Always show an amount for cents. Do not round entries to whole dollars.
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Complete all three pages and sign Form 944-X on page 3.
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Staple multiple sheets in the upper-left corner.
Generally, your correction of an underreported amount will not be subject to a failure-to-pay penalty, failure-to-deposit penalty, or interest if you:
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Enter the date you discovered the error,
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Explain in detail the grounds and facts relied on to support the correction,
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File on time (by the due date of Form 944 for the year in which you discover the error) and,
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Pay the amount shown on line 20 by the time you file Form 944-X.
No correction will be eligible for interest-free treatment if any of the following apply.
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The amounts underreported relate to an issue that was raised in an examination of a prior period.
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You knowingly underreported your employment tax liability.
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You received a notice and demand for payment.
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You received a Notice of Determination of Worker Classification.
If you receive a notice about a penalty after you file this return, reply to the notice with an explanation and we will determine if you meet reasonable-cause criteria. Do not attach an explanation when you file your return.
The process to correct a previously filed Form 944 or to file a claim is outlined below.
If you underreported the tax on a previously filed Form 944, check the box on line 1 and pay any additional amount you owe by the time you file Form 944-X. For details on how to make a payment, see the instructions for lines 19–20, later.
Example—You underreported employment taxes.
On June 20, 2013, you discover an error that results in additional tax on your 2012 Form 944. File Form 944-X by January 31, 2014, and pay the amount you owe by the time you file. See When Should You File Form 944-X, earlier. Do not attach Form 944-X to your 2013 Form 944.
If you overreported the tax on a previously filed Form 944, choose one of the following options.
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Use the adjustment process. Check the box on line 1 to apply any credit (negative amount) from line 20 to Form 944 for the year during which you file Form 944-X.
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Use the claim process. Check the box on line 2 to file a claim on Form 944-X requesting a refund or abatement of the amount shown on line 20.
Example—You want your overreported tax applied as a credit on Form 944.
On December 18, 2013, you discover you overreported your tax on your 2012 Form 944 and want to choose the adjustment process. To allow the IRS enough time to process the credit, you file Form 944-X on January 2, 2014, and take the credit on your 2014 Form 944.
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