Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … s/I5884D/202104/A/XML/Cycle06/source (Init. & Date) _______ Page 1 of 6 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 5884-D (April 2021) Employee Retention Credit for Certain Tax-Exempt Organizations Affected by Qualified Disasters Section references are to the Internal Revenue Code A qualified tax-exempt organization filing its own Form unless otherwise noted. 5884-D should file one Form 5884-D for the organization per employment tax period. A third-party payer will file a Future Developments single separate Form 5884-D for each qualified For the latest information about developments related to tax-exempt organization per employment tax period. Form 5884-D and its instructions, such as legislation Form 5884-D is filed separately from any other returns. enacted after they were published, go to IRS.gov/ The credit claimed on Form 5884-D will not affect the tax Form5884D. liability reported on the organization’s employment tax returns. Nevertheless, the organization may reduce its General Instructions required deposits for an employment tax period by the amount of its anticipated credit for that employment tax Purpose of Form period. The IRS will refund the amount shown on line 12 A qualified tax-exempt organization (including certain of Form 5884-D, plus any interest that applies, unless the governmental entities) that continued to pay or incur IRS corrects Form 5884-D during processing or the wages after activities of the organization (treated as an organization owes other taxes, penalties, or interest. active trade or business for this purpose) became The amount properly claimed on Form 5884-D is inoperable because of damage from a qualified disaster TIP treated as a credit on the first day of the may be able to use Form 5884-D to claim the 2020 organization’s employment tax period. Qualified qualified disaster employee retention credit against tax-exempt organizations eligible to claim this credit can certain payroll taxes. This is similar to the credit reduce their deposits for an employment tax period by the businesses claim against income taxes using Form amount of their anticipated credit for that employment tax 5884-A. The credit is equal to 40% of up to $6,000 of period. However, because Form 5884-D may not be qualified wages paid to or incurred for each eligible processed with the organization’s employment tax return, employee. The credit is claimed against the employer an organization that reduces its required deposits in portion of social security tax on wages paid to all anticipation of a Form 5884-D credit may receive a employees during an employment tax period. A list of system-generated notice reflecting a balance due and qualified disasters is available at the end of these associated penalties and interest, if applicable. The instructions. balance due, including any related penalties and interest, resulting from the reduction in deposits to reflect the Form The organization files Form 5884-D after it files its 5884-D credit will be abated when the credit is applied. employment tax return for the employment tax period for Such abatement should occur without any action from the which it is claiming the credit. The organization begins by organization. filing Form 5884-D for the first employment tax period in which qualified wages were paid to an eligible employee. The organization continues to file Form 5884-D for each Qualified Tax-Exempt Organization subsequent employment tax period in or for which it paid A qualified tax-exempt organization is an organization additional amounts that affect the cumulative credit. For described in section 501(c) and exempt from tax under each subsequent employment tax period, the organization section 501(a) if: figures the cumulative credit for that employment tax • It conducted activities in a 2020 qualified disaster zone period and all previous employment tax periods beginning at any time during the incident period of the qualified with the first employment tax period in which qualified disaster, and wages were paid. That amount is adjusted for any credit • These activities (treated as an active trade or business amounts claimed on previously filed Forms 5884-D. The for this purpose) were inoperable as a result of damage organization continues to file Form 5884-D for each sustained by reason of that qualified disaster at any time subsequent employment tax period for which the during the period beginning on the first day of the incident cumulative credit amount changes. The cumulative credit period of the qualified disaster and ending on December amount may change if: 27, 2020. • Additional qualified wages were paid in the subsequent An agency or instrumentality of the federal government, employment tax period, or of a state, local, or Indian tribal government, is not a • Additional employment taxes were paid for the qualified tax-exempt organization unless it is: subsequent employment tax period that allow the • A federally chartered corporation described in section organization to claim an additional credit amount for 501(c)(1) and exempt from tax under section 501(a); unused qualified wages paid in an earlier employment tax • A federal, state, or local college or university; or period, or • An entity whose principal purpose or function is • Both of the above apply. providing medical or hospital care. Apr 22, 2021 Cat. No. 75323Y |
Page 2 of 6 Fileid: … s/I5884D/202104/A/XML/Cycle06/source 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Eligible Employee Note. The IRS cannot process Form 5884-D until the original employment tax return filed for the same tax An eligible employee is an employee whose principal period has been processed. Please allow 8 to 12 weeks place of employment with the qualified tax-exempt for the processing of Form 5884-D. organization immediately before the incident period of the qualified disaster was in the 2020 qualified disaster zone. Form 5884-D must be filed within 2 years from the date the tax reported on the employment tax Qualified Wages CAUTION! return was paid, or 3 years from the date the Qualified wages are wages a qualified tax-exempt employment tax return was filed, whichever is later. organization paid to or incurred for eligible employees at any time on or after the date the organization’s activities Where To File (treated as an active trade or business for this purpose) Send Form 5884-D to the address provided at the bottom first became inoperable at the employee’s principal place of the form. of employment (determined immediately before the first day of the incident period of the qualified disaster) and More Information before the earlier of: For more information about this credit, see Public Law • The date the organization resumed significant activities 116-260, Division EE, sections 301 and 303(d). at that place, or • The date 150 days after the last day of the incident period. Specific Instructions Qualified wages include wages paid or incurred Name and Address whether an eligible employee performs no services, If the organization receives its mail in care of a third party performs services at a place of employment other than the (such as an accountant or an attorney), enter on the street principal place of employment, or performs services at the address line “C/O” followed by the third party’s name and principal place of employment before significant activities street address or P.O. box. have resumed. A third-party payer who files an aggregate employment Qualified wages do not include any wages that exceed tax return and is filing Form 5884-D for a qualified $6,000 for an eligible employee for an employment tax tax-exempt organization client claiming the credit should period (reduced by the amount of qualified wages enter the third party’s name, address, and EIN. credited for any prior employment tax period). Include the suite, room, or other unit number after the Wages qualifying for the credit generally have the same street address. If the Post Office does not deliver mail to meaning as wages subject to social security and the street address and the organization has a P.O. box, Medicare taxes. However, qualified wages don't include enter the box number instead of the street address. any wages used to claim a coronavirus-related employee retention credit on an employment tax return, such as Line 1 Form 941, Employer's QUARTERLY Federal Tax Return. If a third-party payer who files an aggregate employment When To File tax return is filing Form 5884-D for a qualified tax-exempt organization client claiming the credit, enter the name, File Form 5884-D after the organization has filed its address, and EIN of the qualified tax-exempt organization employment tax return for the employment tax period for (defined earlier) for whom the third-party payer is claiming which it is claiming the credit. File Form 5884-D for each the credit. All information reported on Form 5884-D by a employment tax period in or for which the organization third-party payer for a qualified tax-exempt organization paid amounts that affect the cumulative credit as must relate solely to the organization identified on line 1. described under Purpose of Form, earlier. A qualified tax-exempt organization that files its Line 2 employment tax return under its own employer The credit is available only to an organization that is a identification number (EIN) (including organizations that qualified tax-exempt organization. The organization must file using a payroll service provider or reporting agent) be able to check “Yes” on either line 2a or 2b to qualify for should file one Form 5884-D for the organization per the credit. employment tax period. A third-party payer, such as a certified professional employer organization, a Line 3 non-certified professional employer organization, or an Column (a). Enter the DR number of the qualified agent under section 3504, who files an aggregate disaster that resulted in the damage that caused the employment tax return and is filing Form 5884-D for a organization’s activities (treated as an active trade or qualified tax-exempt organization claiming the credit business for this purpose) to become inoperable in a 2020 should use the third-party’s name and EIN on Form qualified disaster zone. See 2020 Qualified Disaster 5884-D and should enter the qualified tax-exempt Zones, later. organization’s name, address, and EIN on line 1. A Column (b). Enter a brief description of the qualified third-party payer who files an aggregate employment tax disaster. return must file a single separate Form 5884-D for each qualified tax-exempt organization claiming the credit in an Column (c). Identify the 2020 qualified disaster zone employment tax period. local jurisdiction(s) (county, parish, or municipality) where -2- Instructions for Form 5884-D (April 2021) |
Page 3 of 6 Fileid: … s/I5884D/202104/A/XML/Cycle06/source 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the organization’s activities (treated as an active trade or Line 10 business for this purpose) became inoperable as a result of damage sustained from the qualified disaster. Enter the total taxable social security wages and tips reported on the employment tax return indicated on line 4 More than four disasters. If more than four disaster for the employment tax period indicated on line 5. For declarations apply, leave columns (a) and (c) blank on the example, taxable social security wages and tips included fourth row and enter “See attached” in column (b). Attach on Form 941 for wages paid in the 4th quarter of 2020 a list with the information requested in columns (a) were reported on the following lines. through (c) for each applicable qualified disaster. Include • Form 941, line 5a, column 1 (taxable social security the name and EIN of the qualified tax-exempt organization wages). at the top of the attached list. • Form 941, line 5b, column 1 (taxable social security tips). Line 5 As discussed earlier under Purpose of Form, the Note. If you filed a corrected return (for example, Form organization claims this credit against the employer’s 941-X) for the period indicated on line 5, enter the portion of social security tax on wages paid to all amounts as corrected. employees during the employment tax period. The organization files Form 5884-D for each employment tax Line 12 period during which it claims a credit. Each Form 5884-D If your credit is less than $1, we will apply it only if you ask figures the cumulative credit the organization is entitled to us in writing to do so. for all periods and reduces the amount claimed for the period by any amounts claimed on previously filed Forms Line 13 5884-D. You may pay the amount you owe on line 13 electronically using the Electronic Federal Tax Payment System Check the box(es) on line 5 to indicate the year (and (EFTPS), by credit or debit card, or by check or money quarter, if applicable) for the employment tax period for order. which the organization is claiming the credit. The preferred method of payment is EFTPS. For more • Line 6 information, visit IRS.gov/EFTPS; call EFTPS Customer Service at 800-555-4477 or 800-733-4829 (TDD); or see Enter on line 6a the total qualified wages (defined earlier) Pub. 966, Electronic Federal Tax Payment System: A the organization paid in all employment tax periods Guide To Getting Started. through the end of the employment tax period indicated To pay by credit or debit card, visit the IRS website at • on line 5 to eligible employees of the organization. IRS.gov/PayByCard. Note. For 2019, a qualified tax-exempt organization can • If you pay by check or money order, make it payable to potentially have qualified wages only in the 4th calendar “United States Treasury.” On your check or money order, quarter. A quarterly filer cannot claim the employee be sure to write your EIN, “Form 5884-D,” and the year retention credit for wages paid during any other calendar (and quarter, if applicable) indicated on line 5. quarter in 2019. Similarly, for 2021, a qualified tax-exempt You do not have to pay if the amount you owe is less organization can potentially have qualified wages only in than $1. the 1st and 2nd calendar quarters. A credit claim for any period after the 1st and 2nd calendar quarters of 2021 Signature may be made only for amounts of the credit carried Form 5884-D must be signed by the president, vice forward from previous periods. president, treasurer, assistant treasurer, chief accounting officer, or other corporate officer (such as a tax officer) Line 8 authorized to sign. A receiver, trustee, or assignee must Enter the total amount of credits claimed from line 12 of sign any return filed for the organization. For a trust, the any previously filed Forms 5884-D minus the total amount authorized trustee must sign. of credits repaid from line 13 of any previously filed Forms 5884-D. Each Form 5884-D figures the cumulative credit Paid Preparer the organization is entitled to for all periods. The amount A paid preparer must sign Form 5884-D and provide the of the cumulative credit reported on line 6b must be information in the Paid Preparer Use Only section if the reduced by the previously claimed credits and increased preparer was paid to prepare Form 5884-D and is not an by any previously repaid amounts to determine the credit employee of the filing entity. Paid preparers must sign claimed for the employment tax period for which Form paper returns with a manual signature. The preparer must 5884-D is filed. give the organization a copy of Form 5884-D in addition to the copy to be filed with the IRS. If the credit claimed for a prior period was limited TIP by the employer’s social security tax liability for If you are a paid preparer, enter your preparer tax that period, any excess credit will be carried identification number (PTIN) in the space provided. forward and included in the cumulative credit figured on Include your complete address. If you work for a firm, any subsequent Form 5884-D. The excess credit is not enter the firm’s name and the EIN of the firm. You cannot included in the amount on line 8. use your PTIN in place of the EIN of the tax preparation firm. Instructions for Form 5884-D (April 2021) -3- |
Page 4 of 6 Fileid: … s/I5884D/202104/A/XML/Cycle06/source 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You can apply for a PTIN online or by filing Form W-12, have a valid Form 8655, Reporting Agent Authorization, IRS Paid Preparer Tax Identification Number (PTIN) on file with the IRS. However, a reporting agent must Application and Renewal. For more information about complete this section if the reporting agent offered legal applying for a PTIN online, visit the IRS website at advice, for example, advising the client on determining IRS.gov/PTIN. whether its employees are eligible employees for Generally, you are not required to complete this section purposes of this credit. if you are filing Form 5884-D as a reporting agent and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. However, certain returns and return information of tax-exempt organizations and trusts are subject to public disclosure and inspection, as provided by section 6104. The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is: Recordkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1hr., 50 min. Learning about the law or the form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 min. Preparing and sending the form to the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 min. If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from IRS.gov/FormComments. Or you can write to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Don’t send Form 5884-D to this address. Instead, send it to the address provided at the bottom of the form. -4- Instructions for Form 5884-D (April 2021) |
Page 5 of 6 Fileid: … s/I5884D/202104/A/XML/Cycle06/source 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2020 Qualified Disaster Zones The following qualified disasters Florida Hurricane Sally Louisiana Hurricane Zeta resulted in the designation of the (DR-4564-FL) (DR-4577-LA) 2020 qualified disaster zones. The The applicable incident period began The applicable incident period began information needed for credit on September 14 and ended on on October 26 and ended on purposes is provided below. September 28, 2020. The date 150 October 29, 2020. The date 150 days Alabama Hurricane Sally days after the last day of the incident after the last day of the incident period was February 25, 2021. period was March 28, 2021. (DR-4563-AL) The applicable incident period began Counties in qualified disaster Parishes in qualified disaster on September 14 and ended on zone. Bay, Escambia, Okaloosa, zone. Jefferson, Lafourche, September 16, 2020. The date 150 Santa Rosa, and Walton. Orleans, Plaquemines, St. Bernard, days after the last day of the incident and Terrebonne. period was February 13, 2021. Iowa Severe Storms (DR-4557-IA) Michigan Severe Storms and Counties in qualified disaster Flooding (DR-4547-MI) The applicable incident period began zone. Baldwin, Escambia, and and ended on August 10, 2020. The The applicable incident period began Mobile. date 150 days after the last day of on May 16 and ended on May 22, Alabama Hurricane Zeta the incident period was January 7, 2020. The date 150 days after the 2021. last day of the incident period was (DR-4573-AL) October 19, 2020. The applicable incident period began Counties in qualified disaster on October 28 and ended on zone. Benton, Boone, Cedar, Counties in qualified disaster October 29, 2020. The date 150 days Clinton, Jasper, Linn, Marshall, Polk, zone. Arenac, Gladwin, Iosco, after the last day of the incident Poweshiek, Scott, Story, and Tama. Midland, and Saginaw. period was March 28, 2021. Louisiana Hurricane Laura Mississippi Severe Storms, Counties in qualified disaster (DR-4559-LA) Tornadoes, Straight-Line zone. Clarke, Dallas, Marengo, Winds, and Flooding The applicable incident period began Mobile, Perry, Washington, and on August 22 and ended on August Wilcox. (DR-4536-MS) 27, 2020. The date 150 days after The applicable incident period began California Wildfires the last day of the incident period and ended on April 12, 2020. The was January 24, 2021. (DR-4558-CA) date 150 days after the last day of The applicable incident period began Parishes in qualified disaster the incident period was September 9, on August 14 and ended on zone. Acadia, Allen, Beauregard, 2020. September 26, 2020. The date 150 Caddo, Calcasieu, Cameron, Grant, Counties in qualified disaster days after the last day of the incident Jackson, Jefferson Davis, La Salle, zone. Clarke, Covington, Grenada, period was February 23, 2021. Lincoln, Morehouse, Natchitoches, Jasper, Jefferson Davis, Jones, Ouachita, Rapides, Sabine, St. Lawrence, Panola, and Walthall. Counties in qualified disaster Landry, Union, Vermilion, Vernon, zone. Butte, Lake, Lassen, and Winn. Mississippi Hurricane Zeta Mendocino, Monterey, Napa, San (DR-4576-MS) Mateo, Santa Clara, Santa Cruz, Louisiana Hurricane Delta The applicable incident period began Solano, Sonoma, Stanislaus, Trinity, (DR-4570-LA) Tulare, and Yolo. on October 28 and ended on The applicable incident period began October 29, 2020. The date 150 days California Wildfires on October 6 and ended on October after the last day of the incident 10, 2020. The date 150 days after (DR-4569-CA) period was March 28, 2021. the last day of the incident period The applicable incident period began was March 9, 2021. Counties in qualified disaster on September 4 and ended on zone. George, Greene, Hancock, November 17, 2020. The date 150 Parishes in qualified disaster Harrison, Jackson, and Stone. days after the last day of the incident zone. Acadia, Allen, Beauregard, period was April 16, 2021. Calcasieu, Cameron, Iberia, Oregon Severe Storms, Jefferson Davis, Lafayette, Rapides, Flooding, Landslides, and Counties in qualified disaster St. Landry, St. Martin, and Vermilion. zone. Fresno, Los Angeles, Madera, Mudslides (DR-4519-OR) Mendocino, Napa, San Bernardino, The applicable incident period began San Diego, Shasta, Siskiyou, and on February 5 and ended on Sonoma. February 9, 2020. The date 150 days 2020 Qualified Disaster Zones -5- |
Page 6 of 6 Fileid: … s/I5884D/202104/A/XML/Cycle06/source 10:18 - 22-Apr-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. after the last day of the incident Sebastián, Santa Isabel, Utuado, Tennessee Severe Storms, period was July 8, 2020. Villalba, and Yauco. Tornadoes, Straight-Line Counties in qualified disaster Puerto Rico Tropical Storm Winds, and Flooding zone. Umatilla and Umatilla Indian (DR-4476-TN) Isaias (DR-4560-PR) Reservation. The applicable incident period began The applicable incident period began Oregon Wildfires and on July 29 and ended on July 31, and ended on March 3, 2020. The Straight-Line Winds 2020. The date 150 days after the date 150 days after the last day of (DR-4562-OR) last day of the incident period was the incident period was July 31, December 28, 2020. 2020. The applicable incident period began on September 7 and ended on Municipalities in qualified disas- Counties in qualified disaster November 3, 2020. The date 150 ter zone. Aguada, Hormigueros, zone. Davidson, Putnam, and days after the last day of the incident Mayagüez, and Rincón. Wilson. period was April 2, 2021. Tennessee Severe Storms, Puerto Rico Severe Storm and Counties in qualified disaster Flooding (DR-4571-PR) Tornadoes, Straight-Line zone. Clackamas, Douglas, Winds, and Flooding Jackson, Klamath, Lane, Lincoln, The applicable incident period began Linn, and Marion. and ended on September 13, 2020. (DR-4541-TN) The date 150 days after the last day The applicable incident period began Puerto Rico Earthquakes of the incident period was February on April 12 and ended on April 13, (DR-4473-PR) 10, 2021. 2020. The date 150 days after the last day of the incident period was The applicable incident period began Municipality in qualified disaster September 10, 2020. on December 28, 2019, and ended zone. Arecibo. on July 3, 2020. The date 150 days Counties in qualified disaster after the last day of the incident South Carolina Severe Storms, zone. Bradley and Hamilton. period was November 30, 2020. Tornadoes, and Straight-Line Winds (DR-4542-SC) Utah Earthquake and Municipalities in qualified disas- Aftershocks (DR-4548-UT) ter zone. Adjuntas, Aguada, The applicable incident period began Añasco, Arecibo, Barceloneta, Cabo on April 12 and ended on April 13, The applicable incident period began Rojo, Ciales, Coamo, Corozal, 2020. The date 150 days after the on March 18 and ended on April 17, Guánica, Guayanilla, Hormigueros, last day of the incident period was 2020. The date 150 days after the Jayuya, Juana Díaz, Lajas, Lares, September 10, 2020. last day of the incident period was September 14, 2020. Las Marías, Maricao, Mayagüez, Counties in qualified disaster Moca, Morovis, Naranjito, Orocovis, zone. Aiken, Barnwell, Berkeley, Counties in qualified disaster Peñuelas, Ponce, Sabana Grande, Colleton, Hampton, Marlboro, zone. Davis and Salt Lake. Salinas, San Germán, San Oconee, Orangeburg, and Pickens. -6- 2020 Qualified Disaster Zones |