Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i945a/202312/a/xml/cycle04/source (Init. & Date) _______ Page 1 of 5 10:53 - 14-Nov-2023 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 945-A (Rev. December 2023) For use with the December 2020 revision of Form 945-A Annual Record of Federal Tax Liability Section references are to the Internal Revenue Code quarter in which most employers may have been eligible unless otherwise noted. to claim the COBRA premium assistance credit. Section 9501 of the American Rescue Plan Act of 2021 Future Developments (the ARP) provided for COBRA premium assistance in the form of a full reduction in the premium otherwise payable For the latest information about developments related to by certain individuals and their families who elected Form 945-A and its instructions, such as legislation COBRA continuation coverage due to a loss of coverage enacted after they were published, go to IRS.gov/ as the result of a reduction in hours or an involuntary Form945A. termination of employment (assistance eligible individuals). This COBRA premium assistance was What’s New available for periods of coverage beginning on or after April 1, 2021, through periods of coverage beginning on or Qualified small business payroll tax credit for in- before September 30, 2021. A premium payee was creasing research activities (Form 944 only). For tax entitled to the COBRA premium assistance credit at the years beginning before January 1, 2023, a qualified small time an eligible individual elected coverage. Therefore, business may elect to claim up to $250,000 of its credit for due to the COBRA notice and election period increasing research activities as a payroll tax credit. The requirements (generally, employers had 60 days to Inflation Reduction Act of 2022 (the IRA) increases the provide notice and assistance eligible individuals had 60 election amount to $500,000 for tax years beginning after days to elect coverage), the first quarter of 2022 was the December 31, 2022. The payroll tax credit election must last quarter in which most employers may have been be made on or before the due date of the originally filed eligible to claim the COBRA premium assistance credit. income tax return (including extensions). The portion of the credit used against payroll taxes is allowed in the first calendar quarter beginning after the date that the qualified Reminders small business filed its income tax return. The election Adjusting tax liability for nonrefundable credits and determination of the credit amount that will be used claimed on Form CT-1, lines 16 and 17b; or Form 944, against the employer’s payroll taxes are made on Form lines 8a, 8b, and 8d. See Adjusting Tax Liability for 6765, Credit for Increasing Research Activities. The Nonrefundable Credits Claimed on Form CT-1, Lines 16 amount from Form 6765, line 44, must then be reported and 17b; or Form 944, Lines 8a, 8b, and 8d, later, for on Form 8974, Qualified Small Business Payroll Tax Credit instructions on how to report on Form 945-A adjustments for Increasing Research Activities. to your tax liabilities for the qualified small business payroll Starting in the first quarter of 2023, the payroll tax credit tax credit for increasing research activities (Form 944 is first used to reduce the employer share of social only); the nonrefundable portion of the credit for qualified security tax up to $250,000 per quarter and any remaining sick and family leave wages paid in 2023 for leave taken credit reduces the employer share of Medicare tax for the after March 31, 2020, and before April 1, 2021; and the quarter. Any remaining credit, after reducing the employer nonrefundable portion of the credit for qualified sick and share of social security tax and the employer share of family leave wages paid in 2023 for leave taken after Medicare tax, is then carried forward to the next quarter. March 31, 2021, and before October 1, 2021. Form 8974 is used to determine the amount of the credit Reporting prior period adjustments. Prior period that can be used in the current year. The amount from adjustments are reported on Form 945-X, Adjusted Form 8974, line 12 or, if applicable, line 17, is reported on Annual Return of Withheld Federal Income Tax or Claim Form 944, line 8a. For more information about the payroll for Refund; Form CT-1 X, Adjusted Employer's Annual tax credit, see the Instructions for Form 8974 and go to Railroad Retirement Tax Return or Claim for Refund; or IRS.gov/ResearchPayrollTC. Also see Adjusting Tax Form 944-X, Adjusted Employer's ANNUAL Federal Tax Liability for Nonrefundable Credits Claimed on Form CT-1, Return or Claim for Refund, and aren't taken into account Lines 16 and 17b; or Form 944, Lines 8a, 8b, and 8d, when figuring the tax liability for the current year. later. When you file Form 945-A with your Form 945, CT-1, or Adjusting tax liability for the nonrefundable portion 944, don't change your current year tax liability by of the COBRA premium assistance credit. The adjustments reported on any Form 945-X, CT-1 X, or instructions for adjusting tax liability for the nonrefundable 944-X. portion of the COBRA premium assistance credit reported on Form CT-1, line 17c, and Form 944, line 8e, have been Amended Form 945-A. If you have been assessed a deleted because the first quarter of 2022 was the last failure-to-deposit (FTD) penalty, you may be able to file an Oct 19, 2023 Cat. No. 74488U |
Enlarge image | Page 2 of 5 Fileid: … ns/i945a/202312/a/xml/cycle04/source 10:53 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amended Form 945-A. See Correcting Previously When Must You File? Reported Tax Liability, later. File Form 945-A with your Form 945, CT-1, or 944 every year when Form 945, CT-1, or 944 is due. See the General Instructions instructions for these forms for their due dates. Purpose of Form 945-A These instructions tell you about Form 945-A. Use Form Specific Instructions 945-A to report your federal tax liability (based on the Completing Form 945-A dates payments were made or wages were paid) for the following tax returns. Enter Your Business Information • Forms 945 and 945-X for federal income tax Carefully enter your employer identification number (EIN) withholding on nonpayroll payments. Nonpayroll and name at the top of the form. Make sure that they withholding includes backup withholding and federal exactly match the name of your business and the EIN that income tax withholding on pensions, annuities, IRAs, the IRS assigned to your business and also agree with the Indian gaming profits, gambling winnings, military name and EIN shown on the attached Form 945, 945-X, retirement, certain government payments on which the CT-1, CT-1 X, 944, or 944-X. recipient elected voluntary income tax withholding, and dividends and other distributions by an Alaska Native Calendar Year Corporation on which the recipient elected voluntary Enter the calendar year of the Form 945, 945-X, CT-1, income tax withholding. CT-1 X, 944, or 944-X to which Form 945-A is attached. • Forms CT-1 and CT-1 X for both the employee share and the employer share of Tier 1 and Tier 2 taxes. Form 945 Filers • Forms 944 and 944-X for federal income tax withheld Don't complete entries A through M of the Monthly plus both the employee share and the employer share of Summary of Federal Tax Liability (Form 945, line 7). Be social security and Medicare taxes. sure to mark the semiweekly schedule depositor Don't use Form 945-A to show federal tax deposits. The checkbox above line 7 on Form 945. IRS gets deposit data from electronic funds transfers. Form CT-1 Filers The IRS uses Form 945-A to match the tax liability Don't complete the Monthly Summary of Railroad ! you reported on the returns indicated earlier with Retirement Tax Liability (Part II of Form CT-1). CAUTION your deposits. The IRS also uses Form 945-A to determine if you’ve deposited your tax liabilities on time. Form 944 Filers Unless your Form 945-A is properly completed and filed (if On Form 944, check the box for “Line 9 is $2,500 or more” applicable) with your tax return, the IRS may propose an on line 13, and leave lines 13a through 13m blank. “averaged” FTD penalty. See Deposit Penalties in section 11 of Pub. 15, Employer’s Tax Guide, for more information. Enter Your Tax Liability by Month Enter your tax liabilities in the spaces that correspond to Who Must File? the dates you paid wages to your employees or made File Form 945-A if you’re a semiweekly schedule nonpayroll payments, not the date payroll liabilities were depositor. Monthly schedule depositors who accumulate accrued or deposits were made. The total tax liability for $100,000 or more of tax liability on any day of a calendar the year (line M) must equal net taxes on Form 945, line 3; month become semiweekly schedule depositors on the Form CT-1, line 19 (line 15 for years before 2020); or Form next day and remain so for at least the remainder of the 944, line 9. Enter the monthly totals on lines A, B, C, D, E, year and for the next year, and must also complete and file F, G, H, I, J, K, and L. Enter the total for the year on line M. Form 945-A for the entire year. The $100,000 tax liability For example, if you're a Form 945 filer, and you became threshold requiring a next-day deposit is determined liable for a pension distribution on December 31, 2022, before you consider any reduction of your liability for but didn't make the distribution until January 6, 2023, you nonrefundable credits. For more information, including an would: example, see frequently asked question 17 at IRS.gov/ • Go to January on Form 945-A filed with your 2023 ETD. return, and The deposit rules, including the $100,000 Next-Day • Enter your tax liability on line 6 because line 6 Deposit Rule, are explained in section 11 of Pub. 15 and in represents the sixth day of the month. the instructions for your tax return. Example 1. Cedar Co., which has a semiweekly deposit schedule, makes periodic payments on gambling Don't complete Form 945-A if your net tax liability winnings on the 15th day of each month. On December ! for the return period is less than $2,500. Don't file 24, 2023, in addition to its periodic payments, it withheld CAUTION this form if you're a monthly schedule depositor from a payment on gambling winnings under the backup unless you accumulated a tax liability of $100,000 during withholding rules. Since Cedar Co. is a semiweekly any month of the year. schedule depositor, it must record these nonpayroll withholding liabilities on Form 945-A. It must report tax liabilities on line 15 for each month and line 24 for December. -2- Instructions for Form 945-A (Rev. 12-2023) |
Enlarge image | Page 3 of 5 Fileid: … ns/i945a/202312/a/xml/cycle04/source 10:53 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Cedar Co. enters the monthly totals on lines A through business payroll tax credit for increasing research L. It adds these monthly subtotals and enters the total tax activities is first used to reduce the employer share of liability for the year on line M. The amount on line M social security tax (up to $250,000) for the quarter and any should equal Form 945, line 3. remaining credit is then used to reduce the employer Example 2. Fir Co. is a semiweekly schedule share of Medicare tax for the quarter until it reaches zero. depositor. During January, it withheld federal income tax In completing Form 945-A, you take into account the on pension distributions as follows: $52,000 on January 6 payroll tax credit against the liability for the employer and $35,000 on January 20. Since Fir Co. is a semiweekly share of social security tax starting with the first payroll schedule depositor, it must record its federal income tax payment of the quarter that includes payments of wages withholding liabilities on Form 945-A. It must record subject to social security tax to your employees until you $52,000 on line 6 and $35,000 on line 20 for January. use up to $250,000 of credit against the employer share of Example 3. Elm Co. is a new business and monthly social security tax and you then take into account any schedule depositor for 2023. During January, it withheld remaining payroll tax credit against the liability for the federal income tax on nonpayroll payments as follows: employer share of Medicare tax starting with the first $2,000 on January 6 and $99,000 on January 20. The payroll payment of the quarter that includes payments of deposit rules require that a monthly schedule depositor wages subject to Medicare tax to employees. Consistent begin depositing on a semiweekly deposit schedule when with the entries on Form 945-A, the payroll tax credit a $100,000 or more tax liability is accumulated on any day should be taken into account in making deposits of within a month (see section 11 of Pub. 15 for details). employment tax. If any payroll tax credit is remaining at Since Elm Co. accumulated $101,000 ($2,000 + $99,000) the end of the quarter that hasn’t been completely used on January 20, 2023, it became a semiweekly schedule because it exceeds $250,000 of the employer share of depositor on January 21, 2023. Elm Co. must complete social security tax and the employer share of Medicare tax Form 945-A and file it with Form 945. It must record for the quarter, the excess credit may be carried forward to $2,000 on line 6 and $99,000 on line 20 for January. No the succeeding quarter and allowed as a payroll tax credit entries should be made on Form 945, line 7, even though for the succeeding quarter. The payroll tax credit may not Elm Co. was a monthly schedule depositor until January be taken as a credit against income tax withholding, the 21. employee share of social security tax, or the employee share of Medicare tax. Form 944 filers. Your total liability for the year Also, the remaining payroll tax credit may not be carried ! must equal line 9 on Form 944; therefore, don't back and taken as a credit against wages paid from CAUTION reduce your total liability reported on Form 945-A by the refundable portion of the credit for qualified sick preceding quarters that are reported on the same Form and family leave wages. See the Instructions for Form 944 944 or on Forms 944 for preceding years. If an amount of for more information. payroll tax credit is unused at the end of the calendar year because it is in excess of the applicable employer share of Form CT-1 filers. Your total liability for the year social security tax and employer share of Medicare tax on wages paid during the applicable quarters in the calendar ! must equal line 19 on Form CT-1; therefore, don't year, the remaining payroll tax credit may be carried CAUTION reduce your total liability reported on Form 945-A by the refundable portion of the credit for qualified sick forward to the first quarter of the succeeding calendar and family leave compensation. See the Instructions for year as a payroll tax credit against the applicable Form CT-1 for more information. employer share of social security tax and employer share of Medicare tax on wages paid in that quarter. For more information about the payroll tax credit, go to IRS.gov/ Adjusting Tax Liability for Nonrefundable ResearchPayrollTC. Credits Claimed on Form CT-1, Lines 16 and Example. Rose Co. is an employer with a calendar tax 17b; or Form 944, Lines 8a, 8b, and 8d. year that filed its timely 2022 income tax return on April The credits discussed in this section aren't 18, 2023. Rose Co. elected to take the qualified small TIP available on Form 945. The qualified small business payroll tax credit for increasing research business payroll tax credit for increasing research activities on Form 6765. The third quarter of 2023 is the activities is available only on Form 944. first quarter that begins after Rose Co. filed the income tax return making the payroll tax credit election. Therefore, the Semiweekly schedule depositors must account for payroll tax credit applies against Rose Co.'s share of nonrefundable credits claimed on Form CT-1, lines 16 and social security tax (up to $250,000) and Medicare tax on 17b; or Form 944, lines 8a, 8b, and 8d, when reporting wages paid to employees in the third quarter of 2023. their tax liabilities on Form 945-A. The total tax liability for Rose Co. completes Form 945-A by reducing the amount the year must equal the amount reported on Form CT-1, of liability entered for the first payroll payment in the third line 19; or Form 944, line 9. Failure to account for the quarter of 2023 that includes wages subject to social nonrefundable credits on Form 945-A may cause Form security tax by the lesser of (1) its share of social security 945-A to report more than the total tax liability reported on tax (up to $250,000) on the wages, or (2) the available Form CT-1, line 19; or Form 944, line 9. Don't reduce your payroll tax credit. If the payroll tax credit elected is more daily tax liability reported on Form 945-A below zero. than Rose Co.'s share of social security tax on the first Qualified small business payroll tax credit for in- payroll payment of the quarter, the excess payroll tax creasing research activities (Form 944, line 8a). credit would be carried forward to succeeding payroll Beginning with the first quarter of 2023, the qualified small payments in the third quarter until it is used against up to Instructions for Form 945-A (Rev. 12-2023) -3- |
Enlarge image | Page 4 of 5 Fileid: … ns/i945a/202312/a/xml/cycle04/source 10:53 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $250,000 of Rose Co.'s share of social security tax for the March 31, 2020, and before April 1, 2021. The quarter. If the amount of the payroll tax credit exceeds nonrefundable portion of the credit for qualified sick and Rose Co.'s share of social security tax (up to $250,000) on family leave wages for the year is $300. On Form 945-A, wages paid to its employees in the third quarter, any Maple Co. will use the $300 to reduce the liability for the remaining credit is used against Rose Co.'s share of January 6 pay date, but not below zero. If any Medicare tax on the first payroll payment of the quarter nonrefundable portion of the credit remains, Maple Co. and then the excess payroll tax credit would be carried applies it to the liability for the January 13 pay date, then forward to succeeding payroll payments in the third the January 20 pay date, and so forth until the entire $300 quarter until it is used against Rose Co.'s share of is used. Medicare tax for the quarter. If Rose Co. still has credit Nonrefundable portion of credit for qualified sick and remaining after reducing its share of social security tax (up family leave compensation for leave taken after to $250,000) and Medicare tax for the third quarter, the March 31, 2021, and before October 1, 2021 (Form remainder would be treated as a payroll tax credit against CT-1, line 17b). Follow the instructions under Part II. its share of social security tax (up to $250,000) and Record of Railroad Retirement Tax Liability in the Medicare tax on wages paid in the fourth quarter. If the Instructions for Form CT-1 to adjust your tax liability on amount of the payroll tax credit remaining exceeded Rose Form 945-A. Co.'s share of social security tax (up to $250,000) and Medicare tax on wages paid in the fourth quarter, it could Nonrefundable portion of credit for qualified sick and be carried forward and treated as a payroll tax credit for family leave wages for leave taken after March 31, the first quarter of 2024. 2021, and before October 1, 2021 (Form 944, line 8d). The nonrefundable portion of the credit for qualified sick Nonrefundable portion of credit for qualified sick and and family leave wages paid in 2023 for leave taken after family leave compensation for leave taken after March 31, 2021, and before October 1, 2021, is limited to March 31, 2020, and before April 1, 2021 (Form CT-1, the employer share of Medicare tax on wages paid during line 16). Follow the instructions under Part II. Record of the year that is remaining after that share is first reduced Railroad Retirement Tax Liability in the Instructions for by any credit claimed against the employer share of Form CT-1 to adjust your tax liability on Form 945-A. Medicare tax on Form 8974, line 16, for the qualified small Nonrefundable portion of credit for qualified sick and business payroll tax credit for increasing research family leave wages for leave taken after March 31, activities. In completing Form 945-A, you take into account 2020, and before April 1, 2021 (Form 944, line 8b). the nonrefundable portion of the credit for qualified sick The nonrefundable portion of the credit for qualified sick and family leave wages paid in 2023 against the liability for and family leave wages paid in 2023 for leave taken after the first payroll payment of the year, but not below zero. March 31, 2020, and before April 1, 2021, is limited to the Then reduce the liability for each successive payroll employer share of social security tax on wages paid payment in the year until the nonrefundable portion of the during the year that is remaining after that share is first credit is used. Any credit for qualified sick and family leave reduced by any credit claimed against the employer share wages paid in 2023 for leave taken after March 31, 2021, of social security tax on Form 8974, line 12, for the and before October 1, 2021, that is remaining at the end qualified small business payroll tax credit for increasing of the year because it exceeds the employer share of research activities; any credit to be claimed on Form Medicare tax is claimed on Form 944, line 10f, as a 5884-C, line 11, for the work opportunity credit for refundable credit. The refundable portion of the credit qualified tax-exempt organizations hiring qualified doesn't reduce the liability reported on Form 945-A. For veterans; and/or any credit to be claimed on Form 5884-D more information about the credit for qualified sick and for the disaster credit for qualified tax-exempt family leave wages, go to IRS.gov/PLC. organizations. In completing Form 945-A, you take into You may reduce your deposits by the amount of account the nonrefundable portion of the credit for TIP the nonrefundable and refundable portions of the qualified sick and family leave wages paid in 2023 against credit for qualified sick and family leave wages the liability for the first payroll payment of the year, but not (compensation). For more information on reducing below zero. Then reduce the liability for each successive deposits, see Notice 2020-22, 2020-17 I.R.B. 664, payroll payment in the year until the nonrefundable portion available at IRS.gov/irb/2020-17_IRB#NOT-2020-22; and of the credit is used. Any credit for qualified sick and Notice 2021-24, 2021-18 I.R.B. 1122, available at family leave wages paid in 2023 for leave taken after IRS.gov/irb/2021-18_IRB#NOT-2021-24. March 31, 2020, and before April 1, 2021, that is remaining at the end of the year because it exceeds the employer share of social security tax is claimed on Form Correcting Previously Reported Tax Liability 944, line 10d, as a refundable credit. The refundable Semiweekly schedule depositors. If you have been portion of the credit doesn't reduce the liability reported on assessed an FTD penalty and you made an error on Form Form 945-A. For more information about the credit for 945-A and the correction won't change the total liability qualified sick and family leave wages, go to IRS.gov/PLC. you reported on Form 945-A, you may be able to reduce Example. Maple Co. is a semiweekly schedule your penalty by filing an amended Form 945-A. depositor that pays employees every Friday. In 2023, Example. You reported a tax liability of $3,000 on Maple Co. had pay dates every Friday starting on January January 1. However, the liability was actually for March. 6, 2023. Maple Co. paid qualified sick and family leave Prepare an amended Form 945-A showing the $3,000 wages on March 10 and March 17 for leave taken after liability on March 1. Also, you must enter the liabilities -4- Instructions for Form 945-A (Rev. 12-2023) |
Enlarge image | Page 5 of 5 Fileid: … ns/i945a/202312/a/xml/cycle04/source 10:53 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. previously reported for the year that didn't change. Write the error, you must file the form with an amended Form “Amended” at the top of Form 945-A. The IRS will refigure 945-A. Otherwise, the IRS may assess an “averaged” FTD the penalty and notify you of any change in the penalty. penalty. Monthly schedule depositors. You can file Form 945-A The total tax reported on line M of Form 945-A must if you have been assessed an FTD penalty and you made match the corrected tax (Form 945, line 3; Form 944, an error on the monthly tax liability section of Form 945, line 9; Form CT-1, line 19 (line 15 for years before 2020)), CT-1, or 944. When completing Form 945-A for this combined with any correction reported on Form 945-X, situation, only enter the monthly totals. The daily entries line 5; Form 944-X, line 22; or Form CT-1 X, line 21, for the aren't required. year, less any previous abatements and interest-free tax assessments. Where to file. File your amended Form 945-A, or, for monthly schedule depositors, your original Form 945-A at Paperwork Reduction Act Notice. We ask for the the address provided in the penalty notice you received. If information on this form to carry out the Internal Revenue you're filing an amended Form 945-A, you don't have to laws of the United States. You're required to give us the submit your original Form 945-A. information. We need it to ensure that you're complying with these laws and to allow us to figure and collect the Forms 945-X, CT-1 X, and 944-X right amount of tax. You may need to file an amended Form 945-A with Form 945-X, CT-1 X, or 944-X to avoid or reduce an FTD You're not required to provide the information requested penalty. on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Tax decrease. If you're filing Form 945-X, CT-1 X, or Books or records relating to a form or its instructions must 944-X, you can file an amended Form 945-A with the form be retained as long as their contents may become if both of the following apply. material in the administration of any Internal Revenue law. 1. You have a tax decrease. Generally, tax returns and return information are 2. You were assessed an FTD penalty. confidential, as required by Code section 6103. File your amended Form 945-A with Form 945-X, CT-1 The time needed to complete and file this form will vary X, or 944-X. The total liability reported on your amended depending on individual circumstances. The estimated Form 945-A must equal the corrected amount of tax average time is: reported on Form 945-X, CT-1 X, or 944-X. If your penalty is decreased, the IRS will include the penalty decrease Recordkeeping. . . . . . . . . . . . . . . . . . . . . 6 hr., 27min. with your tax decrease. Learning about the law or the form. . . . . . . . 6 min. Preparing and sending the form to the IRS . . 12 min. Tax increase—Form 945-X, CT-1 X, or 944-X filed timely. If you're filing a timely Form 945-X, CT-1 X, or 944-X showing a tax increase, don't file an amended Form 945-A, unless you were assessed an FTD penalty caused If you have comments concerning the accuracy of by an incorrect, incomplete, or missing Form 945-A. Don't these time estimates or suggestions for making this form include the tax increase reported on Form 945-X, CT-1 X, simpler, we would be happy to hear from you. You can or 944-X on an amended Form 945-A you file. write to the IRS at the address listed in the Privacy Act Notice for your tax return. Tax increase—Form 945-X, CT-1 X, or 944-X filed late. If you owe tax and are filing late, that is, after the due date of the return for the filing period in which you discovered Instructions for Form 945-A (Rev. 12-2023) -5- |