Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … s/i941ss/202303/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 23 9:00 - 25-Jan-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 941-SS (Rev. March 2023) Employer's QUARTERLY Federal Tax Return—American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands Section references are to the Internal Revenue Code therefore, the tax rate on these wages is 6.2%. The social unless otherwise noted. security wage base limit is $160,200. Contents Page The Medicare tax rate is 1.45% each for the employee Future Developments . . . . . . . . . . . . . . . . . . . . . . . . 1 and employer, unchanged from 2022 There is no wage What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 base limit for Medicare tax. Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Social security and Medicare taxes apply to the wages General Instructions: . . . . . . . . . . . . . . . . . . . . . . . . . 4 of household workers you pay $2,600 or more in cash wages in 2023. Social security and Medicare taxes apply Purpose of Form 941-SS . . . . . . . . . . . . . . . . . . . 4 to election workers who are paid $2,200 or more in cash Who Must File Form 941-SS? . . . . . . . . . . . . . . . 4 or an equivalent form of compensation in 2023. When Must You File? . . . . . . . . . . . . . . . . . . . . . 6 Qualified small business payroll tax credit for in- How Should You Complete Form 941-SS? . . . . . . 6 creasing research activities. For tax years beginning Where Should You File? . . . . . . . . . . . . . . . . . . . 7 before January 1, 2023, a qualified small business may Depositing Your Taxes . . . . . . . . . . . . . . . . . . . . 7 elect to claim up to $250,000 of its credit for increasing What About Penalties and Interest? . . . . . . . . . . . 8 research activities as a payroll tax credit. The Inflation Where Can You Obtain Forms? . . . . . . . . . . . . . . 9 Reduction Act of 2022 (the IRA) increases the election Specific Instructions: . . . . . . . . . . . . . . . . . . . . . . . . . 9 amount to $500,000 for tax years beginning after December 31, 2022. The payroll tax credit election must Part 1: Answer These Questions for This be made on or before the due date of the originally filed Quarter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 income tax return (including extensions). The portion of Part 2: Tell Us About Your Deposit Schedule the credit used against payroll taxes is allowed in the first and Tax Liability for This Quarter . . . . . . . . . . 17 calendar quarter beginning after the date that the qualified Part 3: Tell Us About Your Business . . . . . . . . . . 19 small business filed its income tax return. The election Part 4: May We Speak With Your Third-Party and determination of the credit amount that will be used Designee? . . . . . . . . . . . . . . . . . . . . . . . . . . 20 against the employer’s payroll taxes are made on Form Part 5: Sign Here (Approved Roles) . . . . . . . . . . 20 6765, Credit for Increasing Research Activities. The How To Get Forms, Instructions, and Publications amount from Form 6765, line 44, must then be reported From the IRS . . . . . . . . . . . . . . . . . . . . . . . . . . 21 on Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities. Worksheet 1. Credit for Qualified Sick and Family Leave Wages Paid This Quarter of 2023 for Starting in the first quarter of 2023, the payroll tax credit Leave Taken After March 31, 2020, and Before is first used to reduce the employer share of social April 1, 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 security tax up to $250,000 per quarter and any remaining Worksheet 2. Credit for Qualified Sick and Family credit reduces the employer share of Medicare tax for the Leave Wages Paid This Quarter of 2023 for quarter. Any remaining credit, after reducing the employer Leave Taken After March 31, 2021, and Before share of social security tax and the employer share of October 1, 2021 . . . . . . . . . . . . . . . . . . . . . . . . 23 Medicare tax, is then carried forward to the next quarter. Form 8974 is used to determine the amount of the credit Future Developments that can be used in the current quarter. The amount from For the latest information about developments related to Form 8974, line 12 or, if applicable, line 17, is reported on Form 941-SS and its instructions, such as legislation line 11a. For more information about the payroll tax credit, enacted after they were published, go to IRS.gov/ see IRS.gov/ResearchPayrollTC. Also see Adjusting tax Form941SS. liability for nonrefundable credits claimed on lines 11a, 11b, and 11d, later. What's New Forms 941-SS and 941-PR discontinued after 2023. Social security and Medicare tax for 2023. The rate of Form 941-SS and Form 941-PR, Planilla para la social security tax on taxable wages, including qualified Declaración Federal TRIMESTRAL del Patrono, will no sick leave wages and qualified family leave wages paid in longer be available after the fourth quarter of 2023. 2023 for leave taken after March 31, 2021, and before Instead, employers in the U.S. territories will file Form 941, October 1, 2021, is 6.2% each for the employer and Employer’s QUARTERLY Federal Tax Return, or, if you employee or 12.4% for both. Qualified sick leave wages prefer your form and instructions in Spanish, you can file and qualified family leave wages paid in 2023 for leave new Form 941 (sp), Declaración del Impuesto Federal taken after March 31, 2020, and before April 1, 2021, TRIMESTRAL del Empleador. aren't subject to the employer share of social security tax; Jan 10, 2023 Cat. No. 35530F |
Page 2 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Pubs. 80, 51, and 179 discontinued after 2023. Pub. 2020 allows for a payroll tax credit for certain tax-exempt 80, Federal Tax Guide for Employers in the U.S. Virgin organizations affected by certain qualified disasters not Islands, Guam, American Samoa, and the Commonwealth related to COVID-19. This credit is claimed on Form of the Northern Mariana Islands; Pub. 51, Agricultural 5884-D (not on Form 941-SS). Form 5884-D is filed after Employer's Tax Guide; and Pub. 179, Guía Contributiva the Form 941-SS for the quarter for which the credit is Federal para Patronos Puertorriqueños, will no longer be being claimed has been filed. If you will claim this credit available after 2023. Instead, information specific to on Form 5884-D and you're also claiming a credit for employers in the U.S. territories and agricultural qualified sick and family leave wages for leave taken employers will be included in Pub. 15, Employer's Tax before April 1, 2021, you must include any credit that will Guide, beginning with the Pub. 15 for use in 2024 be claimed on Form 5884-D on Worksheet 1 for that (published December 2023). Beginning in 2024, there will quarter. For more information about this credit, go to be a new Pub. 15 (sp) that is a Spanish-language version IRS.gov/Form5884D. of Pub. 15. Certification program for professional employer or- ganizations (PEOs). The Stephen Beck, Jr., ABLE Act Reminders of 2014 required the IRS to establish a voluntary Use the March 2023 revision of Form 941-SS to certification program for PEOs. PEOs handle various payroll administration and tax reporting responsibilities for CAUTION an earlier revision to report taxes for 2023. At this ! report taxes for the first quarter of 2023; don't use their business clients and are typically paid a fee based on time, the IRS expects the March 2023 revision of Form payroll costs. To become and remain certified under the 941-SS and these instructions to also be used for the certification program, certified professional employer second, third, and fourth quarters of 2023. If changes in organizations (CPEOs) must meet various requirements law require additional changes to Form 941-SS, the form described in sections 3511 and 7705 and related and/or these instructions may be revised. Prior revisions published guidance. Certification as a CPEO may affect of Form 941-SS are available at IRS.gov/Form941SS the employment tax liabilities of both the CPEO and its (select the link for "All Form 941-SS Revisions" under customers. A CPEO is generally treated for employment "Other Items You May Find Useful"). tax purposes as the employer of any individual who performs services for a customer of the CPEO and is The COVID-19 related credit for qualified sick and covered by a contract described in section 7705(e)(2) family leave wages is limited to leave taken after between the CPEO and the customer (CPEO contract), March 31, 2020, and before October 1, 2021. but only for wages and other compensation paid to the Generally, the credit for qualified sick and family leave individual by the CPEO. To become a CPEO, the wages, as enacted under the Families First Coronavirus organization must apply through the IRS Online Response Act (FFCRA) and amended and extended by Registration System. For more information or to apply to the COVID-related Tax Relief Act of 2020, for leave taken become a CPEO, go to IRS.gov/CPEO. after March 31, 2020, and before April 1, 2021, and the CPEOs must generally file Form 941-SS and credit for qualified sick and family leave wages under Schedule R (Form 941), Allocation Schedule for sections 3131, 3132, and 3133 of the Internal Revenue Aggregate Form 941 Filers, electronically. For more Code, as enacted under American Rescue Plan Act of information about a CPEO’s requirement to file 2021 (the ARP), for leave taken after March 31, 2021, and electronically, see Rev. Proc. 2017-14, 2017-3 I.R.B. 426, before October 1, 2021, have expired. However, available at IRS.gov/irb/2017-03_IRB#RP-2017-14. employers that pay qualified sick and family leave wages in 2023 for leave taken after March 31, 2020, and before Outsourcing payroll duties. Generally, as an employer, October 1, 2021, are eligible to claim a credit for qualified you're responsible to ensure that tax returns are filed and sick and family leave wages in the quarter of 2023 in deposits and payments are made, even if you contract which the qualified wages were paid. For more with a third party to perform these acts. You remain information, see the instructions for line 11b line 11d, , responsible if the third party fails to perform any required line 13c, and line 13e, later. action. Before you choose to outsource any of your payroll and related tax duties (that is, withholding, reporting, and Use Worksheet 1 to figure the credit for leave taken paying over social security, Medicare, FUTA, and income after March 31, 2020, and before April 1, 2021. Use taxes) to a third-party payer, such as a payroll service Worksheet 2 to figure the credit for leave taken after provider or reporting agent, go to IRS.gov/ March 31, 2021, and before October 1, 2021. For more OutsourcingPayrollDuties for helpful information on this information about the credit for qualified sick and family topic. If a CPEO pays wages and other compensation to leave wages, go to IRS.gov/PLC. an individual performing services for you, and the services Advance payment of COVID-19 credits ended. are covered by a CPEO contract, then the CPEO is Although you may pay qualified sick and family leave generally treated for employment tax purposes as the wages in 2023 for leave taken after March 31, 2020, and employer, but only for wages and other compensation before October 1, 2021, you may no longer request an paid to the individual by the CPEO. However, with respect advance payment of any credit on Form 7200, Advance to certain employees covered by a CPEO contract, you Payment of Employer Credits Due to COVID-19. may also be treated as an employer of the employees and, consequently, may also be liable for federal Payroll tax credit for certain tax-exempt organiza- employment taxes imposed on wages and other tions affected by qualified disasters. Section 303(d) of compensation paid by the CPEO to such employees. For the Taxpayer Certainty and Disaster Tax Relief Act of -2- Instructions for Form 941-SS (Rev. 3-2023) |
Page 3 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. more information on the different types of third-party payer agreement with the third-party payer, the third-party payer arrangements, see section 16 of Pub. 15. includes the qualified sick leave wages on the third party's aggregate Form 941-SS, claims the sick leave credit on COVID-19 employment tax credits when return filed behalf of the employer on the aggregate Form 941-SS, by a third-party payer. If you're the common-law and separately reports the credit allocable to the employer of the individuals that are paid qualified sick or employers on Schedule R (Form 941). See section 6 of family leave wages, you're entitled to the credit for the sick Pub. 15-A, Employer's Supplemental Tax Guide, for more and family leave wages, regardless of whether you use a information about sick pay reporting. third-party payer (such as a PEO, CPEO, or section 3504 agent) to report and pay your federal employment taxes. Work opportunity tax credit for qualified tax-exempt The third-party payer isn't entitled to the credits with organizations hiring qualified veterans. Qualified respect to the wages and taxes it remits on your behalf tax-exempt organizations that hire eligible unemployed (regardless of whether the third party is considered an veterans may be able to claim the work opportunity tax "employer" for other purposes). credit against their payroll tax liability using Form 5884-C. For more information, go to IRS.gov/WOTC. Aggregate Form 941-SS filers. Approved section 3504 agents and CPEOs must complete and file Schedule R Correcting a previously filed Form 941-SS. If you (Form 941) when filing an aggregate Form 941-SS. discover an error on a previously filed Form 941-SS or if Aggregate Forms 941-SS are filed by agents approved by you otherwise need to amend a previously filed Form the IRS under section 3504. To request approval to act as 941-SS, make the correction using Form 941-X. Form an agent for an employer, the agent files Form 2678 with 941-X is filed separately from Form 941-SS. For more the IRS unless you’re a state or local government agency information, see the Instructions for Form 941-X, section 9 acting as an agent under the special procedures provided of Pub. 80, or go to IRS.gov/CorrectingEmploymentTaxes. in Rev. Proc. 2013-39, 2013-52 I.R.B. 830, available at Federal tax deposits must be made by electronic IRS.gov/irb/2013-52_IRB#RP-2013-39. Aggregate Forms funds transfer (EFT). You must use EFT to make all 941-SS are also filed by CPEOs approved by the IRS federal tax deposits. Generally, an EFT is made using the under section 7705. To become a CPEO, the organization Electronic Federal Tax Payment System (EFTPS). If you must apply through the IRS Online Registration System at don't want to use EFTPS, you can arrange for your tax IRS.gov/CPEO. CPEOs file Form 8973, Certified professional, financial institution, payroll service, or other Professional Employer Organization/Customer Reporting trusted third party to make electronic deposits on your Agreement, to notify the IRS that they started or ended a behalf. Also, you may arrange for your financial institution service contract with a customer. CPEOs must generally to initiate a same-day wire payment on your behalf. file Form 941-SS and Schedule R (Form 941) EFTPS is a free service provided by the Department of the electronically. For more information about a CPEO’s Treasury. Services provided by your tax professional, requirement to file electronically, see Rev. Proc. 2017-14, financial institution, payroll service, or other third party 2017-3 I.R.B. 426, available at IRS.gov/irb/ may have a fee. 2017-03_IRB#RP-2017-14. For more information on making federal tax deposits, Other third-party payers that file aggregate Forms see section 8 of Pub. 80. To get more information about 941-SS, such as non-certified PEOs, must complete and EFTPS or to enroll in EFTPS, go to EFTPS.gov or call one file Schedule R (Form 941) if they have clients that are of the following numbers. claiming the qualified small business payroll tax credit for • 800-555-4477 (toll free; for use by U.S. Virgin Islands increasing research activities, and/or the credit for only). qualified sick and family leave wages. • 800-244-4829 (Spanish). If both an employer and a section 3504 authorized • 303-967-5916 (toll call). TIP agent (or a CPEO or other third-party payer) paid To contact EFTPS using Telecommunications Relay wages to an employee during a quarter, both the Services (TRS) for people who are deaf, hard of hearing, employer and the section 3504 authorized agent (or or have a speech disability, dial 711 and then provide the CPEO or other third-party payer, if applicable) should file TRS assistant the 800-555-4477 number above or Form 941-SS reporting the wages each entity paid to the 800-733-4829. employee during the applicable quarter and issue Forms Additional information about EFTPS is also available in W-2 reporting the wages each entity paid to the employee Pub. 966. during the year. For an EFTPS deposit to be on time, you must If a third-party payer of sick pay is also paying qualified ! submit the deposit by 8 p.m. Eastern time the day sick leave wages on behalf of an employer, the third party CAUTION before the date the deposit is due. would be making the payments as an agent of the employer. The employer is required to do the reporting Same-day wire payment option. If you fail to submit a and payment of employment taxes with respect to the deposit transaction on EFTPS by 8 p.m. Eastern time the qualified sick leave wages and claim the credit for the day before the date a deposit is due, you can still make qualified sick leave wages, unless the employer has an your deposit on time by using the Federal Tax Collection agency agreement with the third-party payer that requires Service (FTCS) to make a same-day wire payment. To the third-party payer to do the collecting, reporting, and/or use the same-day wire payment method, you will need to paying or depositing employment taxes on the qualified make arrangements with your financial institution ahead of sick leave wages. If the employer has an agency time. Please check with your financial institution regarding Instructions for Form 941-SS (Rev. 3-2023) -3- |
Page 4 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. availability, deadlines, and costs. Your financial institution Where can you get telephone help? For answers to may charge you a fee for payments made this way. To your questions about completing Form 941-SS or tax learn more about the information you will need to give deposit rules, call the IRS at one of the numbers listed your financial institution to make a same-day wire below. payment, go to IRS.gov/SameDayWire. • 800-829-4933 (toll free; for use by U.S. Virgin Islands Timeliness of federal tax deposits. If a deposit is only) or 800-829-4059 (TDD/TTY for persons who are required to be made on a day that isn't a business day, the deaf, hard of hearing, or have a speech disability), deposit is considered timely if it is made by the close of Monday–Friday from 7:00 a.m. to 7:00 p.m. local time. the next business day. A business day is any day other • 267-941-1000 (toll call), Monday–Friday from 6:00 a.m. than a Saturday, Sunday, or legal holiday. The term “legal to 11:00 p.m. Eastern time. holiday” for deposit purposes includes only those legal holidays in the District of Columbia. Legal holidays in the Photographs of missing children. The IRS is a proud District of Columbia are provided in section 8 of Pub. 80. partner with the National Center for Missing & Exploited Children® (NCMEC). Photographs of missing children Electronic filing and payment. Businesses can enjoy selected by the Center may appear in instructions on the benefits of filing tax returns and paying their federal pages that would otherwise be blank. You can help bring taxes electronically. Whether you rely on a tax these children home by looking at the photographs and professional or handle your own taxes, the IRS offers you calling 1-800-THE-LOST (1-800-843-5678) if you convenient programs to make filing and paying easier. recognize a child. Spend less time worrying about taxes and more time running your business. Use e-file and EFTPS to your benefit. General Instructions: • For e-file, go to IRS.gov/EmploymentEfile for additional information. A fee may be charged to file electronically. Purpose of Form 941-SS • For EFTPS, go to EFTPS.gov or call one of the Use Form 941-SS to report social security and Medicare numbers provided under Federal tax deposits must be taxes for workers in American Samoa, Guam, the made by electronic funds transfer (EFT), earlier. Commonwealth of the Northern Mariana Islands (CNMI), • For electronic filing of Forms W-2AS, W-2CM, W-2GU, and the U.S. Virgin Islands. and W-2VI, go to SSA.gov/employer. You may be required to file Forms W-2 electronically. For details, see Pub. 80 explains the requirements for withholding, the General Instructions for Forms W-2 and W-3. depositing, and paying social security and Medicare If you’re filing your tax return or paying your taxes. It explains the forms you must give your employees, those your employees must give you, and ! federal taxes electronically, a valid employer those you must send to the IRS. See Pub. 15-A for CAUTION identification number (EIN) is required at the time the return is filed or the payment is made. If a valid EIN specialized employment tax information supplementing isn't provided, the return or payment won't be processed. the basic information provided in Pub. 80. This may result in penalties. See Employer identification Federal law requires you, as an employer, to withhold number (EIN), later, for information about applying for an certain taxes from your employees' pay. Each time you EIN. pay wages, you must withhold—or take out of your Electronic funds withdrawal (EFW). If you file Form employees' pay—certain amounts for social security tax 941-SS electronically, you can e-file and use EFW to pay and Medicare tax. You must also withhold Additional the balance due in a single step using tax preparation Medicare Tax from wages you pay to an employee in software or through a tax professional. However, don't use excess of $200,000 in a calendar year. Under the EFW to make federal tax deposits. For more information withholding system, taxes withheld from your employees on paying your taxes using EFW, go to IRS.gov/EFW. are credited to your employees in payment of their tax liabilities. Credit or debit card payments. You can pay the balance due shown on Form 941-SS by credit or debit Federal law also requires you to pay any liability for the card. Your payment will be processed by a payment employer share of social security and Medicare taxes. processor who will charge a processing fee. Don't use a This share of social security and Medicare taxes isn't credit or debit card to make federal tax deposits. For more withheld from employees. information on paying your taxes with a credit or debit card, go to IRS.gov/PayByCard. Who Must File Form 941-SS? Online payment agreement. You may be eligible to Generally, you must file a return for the first quarter in apply for an installment agreement online if you can’t pay which you pay wages subject to social security and the full amount of tax you owe when you file your return. Medicare taxes, and for each quarter thereafter until you For more information, see What if you can't pay in full, file a final return. Use Form 941-SS if your principal place later. of business is in American Samoa, Guam, the CNMI, or the U.S. Virgin Islands, or if you have employees who are Paid preparers. If you use a paid preparer to complete subject to income tax withholding for these jurisdictions. Form 941-SS, the paid preparer must complete and sign the paid preparer's section of the form. Use Form 941-SS to report the following amounts. • Wages you’ve paid. • Tips your employees reported to you. -4- Instructions for Form 941-SS (Rev. 3-2023) |
Page 5 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Both the employer and the employee share of social and the U.S. Virgin Islands that would otherwise be security and Medicare taxes. required to file Form 944 may contact the IRS to request • Additional Medicare Tax withheld from employees. to file quarterly Forms 941-SS instead of annual Form • Current quarter's adjustments to social security and 944. To request to file quarterly Forms 941-SS to report Medicare taxes for fractions of cents, sick pay, tips, and your social security and Medicare taxes for the 2023 group-term life insurance. calendar year, you must either call the IRS at • Qualified small business payroll tax credit for increasing 800-829-4933 toll free (U.S. Virgin Islands only) or research activities. 267-941-1000 (toll call) between January 1, 2023, and • Credit for qualified sick and family leave wages paid April 3, 2023, or send a written request postmarked this quarter of 2023 for leave taken after March 31, 2020, between January 1, 2023, and March 15, 2023. After you and before October 1, 2021. contact the IRS, the IRS will send you a written notice that Don't use Form 941-SS if you have both employees your filing requirement has been changed to Forms who are subject to U.S. income tax withholding and 941-SS. You must receive written notice from the IRS to employees who aren't subject to U.S. income tax file Forms 941-SS instead of Form 944 before you may file withholding. Instead, you must file only Form 941 (or Form these forms. If you don't receive this notice, you must file 944, Employer's ANNUAL Federal Tax Return) and Form 944 for calendar year 2023. include all of your employees' wages on that form. Requesting to file Form 944 instead of Forms Don't use Form 941-SS to report backup withholding or 941-SS. If you’re required to file Forms 941-SS but income tax withholding on nonpayroll payments such as believe your employment taxes for 2023 will be $1,000 or pensions, annuities, and gambling winnings. Report these less, you may request to file Form 944 instead of Forms types of withholding on Form 945, Annual Return of 941-SS by calling the IRS at 800-829-4933 toll free (U.S. Withheld Federal Income Tax. Also, don't use Form Virgin Islands only) or 267-941-1000 (toll call) between 941-SS to report unemployment taxes. Report January 1, 2023, and April 3, 2023, or sending a written unemployment taxes (U.S. Virgin Islands employers only) request postmarked between January 1, 2023, and March on Form 940, Employer's Annual Federal Unemployment 15, 2023. After you contact the IRS, the IRS will send you (FUTA) Tax Return. a written notice that your filing requirement has been changed to Form 944. You must receive written notice After you file your first Form 941-SS, you must file a from the IRS to file Form 944 instead of Forms 941-SS return each quarter, even if you have no taxes to report, before you may file this form. If you don't receive this unless you filed a final return or one of the exceptions notice, you must file Forms 941-SS for calendar year listed next applies. 2023. Exceptions Where to send written requests. Written requests Special rules apply to some employers. should be sent to: • If you received notification to file Form 944, you must Department of the Treasury file Form 944 annually; don't file Form 941-SS quarterly. Internal Revenue Service • Seasonal employers don't have to file a Form 941-SS Ogden, UT 84201-0038 for quarters in which they have no tax liability because they have paid no wages. To tell the IRS that you won't file For more information about these procedures, see Rev. a return for one or more quarters during the year, check Proc. 2009-51, 2009-45 I.R.B. 625, available at the box on line 18 every quarter you file Form 941-SS. IRS.gov/irb/2009-45_IRB#RP-2009-51. The IRS generally won't inquire about unfiled returns if at least one taxable return is filed each year. However, you What if You Reorganize or Close Your must check the box on line 18 on every quarterly return Business? you file. Otherwise, the IRS will expect a return to be filed for each quarter. If You Sell or Transfer Your Business . . . • Employers of household employees don't usually file Form 941-SS. See Pub. 80, Pub. 926, and Schedule H If you sell or transfer your business during the quarter, you (Form 1040) for more information. and the new owner must each file a Form 941-SS for the • Employers of farm employees don't file Form 941-SS quarter in which the transfer occurred. Report only the for wages paid for agricultural labor. See Form 943 and wages you paid. Pub. 51 for more information. If none of these exceptions apply and you haven't When two businesses merge, the continuing firm must TIP filed a final return, you must file Form 941-SS file a return for the quarter in which the change took place each quarter even if you didn't pay wages during and the other firm should file a final return. the quarter. Use IRS e-file, if possible. Changing from one form of business to another—such as from a sole proprietorship to a partnership or Requesting To File Forms 941-SS Instead of corporation—is considered a transfer. If a transfer occurs, Form 944, or Requesting To File Form 944 you may need a new EIN. See Pub. 1635 and section 1 of Instead of Forms 941-SS Pub. 80 for more information. Requesting to file Forms 941-SS instead of Form 944. Employers in American Samoa, Guam, the CNMI, Attach a statement to your return with: Instructions for Form 941-SS (Rev. 3-2023) -5- |
Page 6 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The new owner's name (or the new name of the For example, you must generally report wages you pay business); during the 1st quarter—which is January through • Whether the business is now a sole proprietorship, March—by April 30. If you made timely deposits in full partnership, or corporation; payment of your taxes for the quarter, you may file by the • The kind of change that occurred (a sale or transfer); 10th day of the 2nd month that follows the end of the • The date of the change; and quarter. For example, you may file Form 941-SS by May • The name of the person keeping the payroll records 10 if you made timely deposits in full payment of your and the address where those records will be kept. taxes for the 1st quarter. If we receive Form 941-SS after the due date, we will If Your Business Has Closed . . . treat Form 941-SS as filed on time if the envelope containing Form 941-SS is properly addressed, contains If you permanently go out of business or stop paying sufficient postage, and is postmarked by the U.S. Postal wages to your employees, you must file a final return. To Service on or before the due date, or sent by an tell the IRS that Form 941-SS for a particular quarter is IRS-designated private delivery service (PDS) on or your final return, check the box on line 17 and enter the before the due date. If you don't follow these guidelines, final date you paid wages. Also attach a statement to your we will generally consider Form 941-SS filed when it is return showing the name of the person keeping the payroll actually received. For more information about PDSs, see records and the address where those records will be kept. Where Should You File, later. See Terminating a business in the General Instructions If any due date for filing falls on a Saturday, Sunday, or for Forms W-2 and W-3 for information about earlier dates legal holiday, you may file your return on the next for the expedited furnishing and filing of the following business day. Wage and Tax Statements when a final Form 941-SS is filed. How Should You Complete Form • W-2AS, American Samoa. 941-SS? • W-2CM, CNMI. • W-2GU, Guam. Type or print your EIN, name, and address in the spaces • W-2VI, U.S. Virgin Islands. provided. Also enter your name and EIN on the top of pages 2 and 3. Don't use your social security number If you participated in a statutory merger or (SSN) or individual taxpayer identification number (ITIN). consolidation, or qualify for predecessor-successor status Generally, enter the business (legal) name you used when due to an acquisition, you should generally file you applied for your EIN. For example, if you’re a sole Schedule D (Form 941), Report of Discrepancies Caused proprietor, enter “Haleigh Smith” on the “Name” line and by Acquisitions, Statutory Mergers, or Consolidations. “Haleigh's Cycles” on the “Trade name” line. Leave the See the Instructions for Schedule D (Form 941) to “Trade name” line blank if it is the same as your “Name.” determine whether you should file Schedule D (Form 941) and when you should file it. If you use a tax preparer to fill out Form 941-SS, make sure the preparer shows your business name exactly as it When Must You File? appeared when you applied for your EIN. File your initial Form 941-SS for the quarter in which you Employer identification number (EIN). To make sure first paid wages that are subject to social security and that businesses comply with federal tax laws, the IRS Medicare taxes. See the table titled When To File Form monitors tax filings and payments by using a numerical 941-SS, later. system to identify taxpayers. A unique nine-digit EIN is Then, you must file for every quarter after that—every 3 assigned to all corporations, partnerships, and some sole months—even if you have no taxes to report, unless proprietors. Businesses needing an EIN must apply for a you’re a seasonal employer or are filing your final return. number and use it throughout the life of the business on all See Seasonal employers and If Your Business Has tax returns, payments, and reports. Closed, earlier. Your business should have only one EIN. If you have File Form 941-SS only once for each quarter. If you more than one and aren't sure which one to use, write to filed electronically, don't file a paper Form 941-SS. For the IRS office where you file your returns (using the more information about filing Form 941-SS electronically, Without a payment address under Where Should You see Electronic filing and payment, earlier. File, later) or call the IRS at 800-829-4933 (toll free; for use by U.S. Virgin Islands only) or 267-941-1099 (toll call). When To File Form 941-SS If you don't have an EIN, you may apply for one online by going to IRS.gov/EIN. You may also apply for an EIN Your Form 941-SS is due by the last day of the month that follows the end of the by faxing or mailing Form SS-4 to the IRS. If the principal quarter. business was created outside of the United States or U.S. Form 941-SS The Quarter Includes . . . Quarter Ends Is Due territories, you may also apply for an EIN by calling 267-941-1099 (toll call). If you haven't received your EIN 1. January, February, March March 31 April 30 by the due date of Form 941-SS, write “Applied For” and 2. April, May, June June 30 July 31 the date you applied in this entry space. 3. July, August, September September 30 October 31 4. October, November, December December 31 January 31 -6- Instructions for Form 941-SS (Rev. 3-2023) |
Page 7 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you’re filing your tax return electronically, a valid Reconciling Forms 941-SS With Form W-3SS ! EIN is required at the time the return is filed. If a The IRS matches amounts reported on your four quarterly CAUTION valid EIN isn't provided, the return won't be Forms 941-SS with Form W-2AS, W-2CM, W-2GU, or accepted. This may result in penalties. W-2VI amounts totaled on your yearly Form W-3SS, Transmittal of Wage and Tax Statements. If the amounts Always be sure the EIN on the form you file don't agree, you may be contacted by the IRS or the TIP exactly matches the EIN the IRS assigned to your Social Security Administration (SSA). The following business. Don't use your SSN or ITIN on forms amounts are reconciled. that ask for an EIN. If you used an EIN (including a prior owner's EIN) on Form 941-SS that is different from the • Social security wages. EIN reported on Form W-3SS, see Box h—Other EIN • Social security tips. used this year in the General Instructions for Forms W-2 • Medicare wages and tips. and W-3. Filing a Form 941-SS with an incorrect EIN or using another business's EIN may result in penalties and Use Schedule D (Form 941) to explain certain wage, delays in processing your return. tax, and payment discrepancies between Forms 941-SS and Forms W-2AS, W-2CM, W-2GU, W-2VI, W-3SS, and If you change your business name, business ad- W-2c, Corrected Wage and Tax Statement, that were dress, or responsible party . . . Notify the IRS caused by acquisitions, statutory mergers, or immediately if you change your business name, business consolidations. For more information, see the Instructions address, or responsible party. for Schedule D (Form 941). Also see Rev. Proc. 2004-53 • Write to the IRS office where you file your returns (using for more information. You can find Rev. Proc. 2004-53 on the Without a payment address under Where Should You page 320 of I.R.B. 2004-34 at IRS.gov/irb/ File, later) to notify the IRS of any business name change. 2004-34_IRB#RP-2004-53. See Pub. 1635 to see if you need to apply for a new EIN. • Complete and mail Form 8822-B to notify the IRS of a Where Should You File? business address or responsible party change. Don't mail You're encouraged to file Form 941-SS electronically. Go Form 8822-B with your Form 941-SS. For a definition of to IRS.gov/EmploymentEfile for more information on “responsible party,” see the Instructions for Form SS-4. electronic filing. If you file a paper return, where you file depends on whether you include a payment with Form Check the Box for the Quarter 941-SS. Under “Report for this Quarter of 2023” at the top of Form 941-SS, check the appropriate box of the quarter for PDSs can't deliver to P.O. boxes. You must use the which you're filing. Make sure the quarter checked is the U.S. Postal Service to mail an item to a P.O. box address. same as shown on any attached Schedule B (Form 941), Go to IRS.gov/PDS for the current list of PDSs. For the Report of Tax Liability for Semiweekly IRS mailing address to use if you're using a PDS, go to Schedule Depositors, and, if applicable, Schedule R IRS.gov/PDSstreetAddresses. Select the address on the (Form 941). webpage that is given for the Ogden Submission Processing Center. Completing and Filing Form 941-SS Without a Make entries on Form 941-SS as follows to enable If you’re in . . . payment . . . With a payment . . . accurate scanning and processing. American Samoa, Guam, CNMI, Internal Revenue Internal Revenue • Use 10-point Courier font (if possible) for all entries if U.S. Virgin Islands Service Service you’re typing or using a computer to complete your form. P.O. Box 409101 P.O. Box 932100 Portable Document Format (PDF) forms on IRS.gov have Ogden, UT 84409 Louisville, KY fillable fields with acceptable font specifications. 40293-2100 • Don't enter dollar signs and decimal points. Commas Special filing addresses for Department of the Internal Revenue are optional. Enter dollars to the left of the preprinted exempt organizations; federal, Treasury Service decimal point and cents to the right of it. Don’t round state, and local governmental Internal Revenue P.O. Box 932100 entities; and Indian tribal Service Louisville, KY entries to whole dollars. Always show an amount for governmental entities, Ogden, UT 40293-2100 cents, even if it is zero. regardless of location 84201-0005 • Leave blank any data field (except lines 1 and 12) with a value of zero. • Enter negative amounts using a minus sign (if possible). Your filing address may have changed from that Otherwise, use parentheses. ! used to file your employment tax return in prior • Enter your name and EIN on all pages and CAUTION years. Don't send Form 941-SS or any payments attachments. to the SSA. • Enter your name, EIN, “Form 941-SS,” and the tax year and quarter on all attachments. Depositing Your Taxes • Staple multiple sheets in the upper left corner when filing. You must deposit all depository taxes electronically by EFT. For more information, see Complete all three pages. You must complete all three CAUTION! Federal tax deposits must be made by electronic pages of Form 941-SS and sign on page 3. Failure to do funds transfer (EFT) under Reminders, earlier. so may delay processing of your return. Instructions for Form 941-SS (Rev. 3-2023) -7- |
Page 8 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Must You Deposit Your Taxes? • If you reported $50,000 or less in taxes during the You may have to deposit both the employer and lookback period, you’re a monthly schedule depositor. employee social security taxes and Medicare taxes. • If you reported more than $50,000 of taxes during the • If your total taxes after adjustments and lookback period, you’re a semiweekly schedule nonrefundable credits (line 12) are less than $2,500 depositor. for the current quarter or the prior quarter, and you If you’re a monthly schedule depositor and didn't incur a $100,000 next-day deposit obligation ! accumulate a $100,000 tax liability on any day during the current quarter. You don't have to make a CAUTION during the deposit period, you become a deposit. To avoid a penalty, you must pay any amount semiweekly schedule depositor on the next day and due in full with a timely filed return or you must deposit any remain so for at least the rest of the calendar year and for amount you owe by the due date of the return. For more the following calendar year. See $100,000 Next-Day information on paying with a timely filed return, see the Deposit Rule in section 8 of Pub. 80 for more information. instructions for line 14, later. If you’re not sure your total The $100,000 tax liability threshold requiring a next-day tax liability for the current quarter will be less than $2,500 deposit is determined before you consider any reduction (and your liability for the prior quarter wasn't less than of your liability for nonrefundable credits. For more $2,500), make deposits using the semiweekly or monthly information, including an example, see frequently asked rules so you won't be subject to failure-to-deposit (FTD) question 17 at IRS.gov/ETD. penalties. • If your total taxes after adjustments and What About Penalties and Interest? nonrefundable credits (line 12) are $2,500 or more for the current quarter and the prior quarter. You Avoiding Penalties and Interest must make deposits according to your deposit schedule. You can avoid paying penalties and interest if you do all of See section 8 of Pub. 80 for information about payments the following. made under the accuracy of deposits rule and for rules about federal tax deposits. • Deposit or pay your taxes when they are due, unless you meet the requirements discussed in Notice 2020-22 Reducing your deposits for the credit for qualified and Notice 2021-24. sick and family leave wages. Employers eligible to • File your fully completed Form 941-SS on time. claim the credit for qualified sick and family leave wages • Report your tax liability accurately. paid this quarter of 2023 for leave taken after March 31, • Submit valid checks for tax payments. 2020, and before October 1, 2021, can reduce their • Furnish accurate Forms W-2AS, W-2CM, W-2GU, or deposits by the amount of their anticipated credit. W-2VI to employees. Employers won’t be subject to an FTD penalty for • File Form W-3SS and Copy A of Forms W-2AS, reducing their deposits if certain conditions are met. See W-2CM, W-2GU, or W-2VI with the SSA on time and the instructions for line 11b and line 11d, later, for more accurately. information on these credits. For more information on reducing deposits, see Notice 2020-22, 2020-17 I.R.B. Penalties and interest are charged on taxes paid late 664, available at IRS.gov/irb/2020-17_IRB#NOT-2020-22; and returns filed late at a rate set by law. See section 8 of and Notice 2021-24, 2021-18 I.R.B. 1122, available at Pub. 80 for details. IRS.gov/irb/2021-18_IRB#NOT-2021-24. See the instructions for line 16, later, for information on adjusting Use Form 843 to request abatement of assessed tax liabilities reported on line 16 or Schedule B (Form 941) penalties or interest. Don't request abatement of for nonrefundable credits. assessed penalties or interest on Form 941-SS or Form 941-X. When Must You Deposit Your Taxes? If you receive a notice about a penalty after you file this Determine if You’re a Monthly or Semiweekly return, reply to the notice with an explanation and we will Schedule Depositor for the Quarter determine if you meet reasonable-cause criteria. Don't attach an explanation when you file your return. The IRS uses two different sets of deposit rules to determine when businesses must deposit their social If federal income, social security, and Medicare security and Medicare taxes. These schedules tell you ! taxes that must be withheld (that is, trust fund when a deposit is due after you have a payday. CAUTION taxes) aren't withheld or aren't deposited or paid to the United States Treasury, the trust fund recovery Your deposit schedule isn't determined by how often penalty may apply. The penalty is 100% of the unpaid you pay your employees. Your deposit schedule depends trust fund tax. If these unpaid taxes can't be immediately on the total tax liability you reported on Form 941-SS collected from the employer or business, the trust fund during the previous 4-quarter lookback period (July 1 of recovery penalty may be imposed on all persons who are the second preceding calendar year through June 30 of determined by the IRS to be responsible for collecting, the preceding calendar year). See section 8 of Pub. 80 for accounting for, or paying over these taxes, and who acted details. If you filed Form 944 in either 2021 or 2022, your willfully in not doing so. For more information, see section lookback period is the 2021 calendar year. 8 of Pub. 80. The trust fund recovery penalty won’t apply to any amount of trust fund taxes an employer holds back Before the beginning of each calendar year, determine in anticipation of any credits they are entitled to. which type of deposit schedule you must use. -8- Instructions for Form 941-SS (Rev. 3-2023) |
Page 9 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Adjustment of Tax on Tips If you’re a governmental employer, wages you pay If, by the 10th of the month after the month you received ! aren't automatically exempt from social security an employee's report on tips, you don't have enough CAUTION and Medicare taxes. Your employees may be employee funds available to withhold the employee share covered by law or by a voluntary Section 218 Agreement of social security and Medicare taxes, you no longer have with the SSA. For more information, see Pub. 963, to collect it. Report the entire amount of these tips on Federal-State Reference Guide. line 5b (Taxable social security tips), line 5c (Taxable For purposes of these instructions, all references Medicare wages and tips), and, if the withholding to “sick pay” mean ordinary sick pay, not “qualified threshold is met, line 5d (Taxable wages and tips subject TIP sick leave wages” that are reported on line 5a(i) to Additional Medicare Tax withholding). Include as a for leave taken after March 31, 2020, and before April 1, negative adjustment on line 9 the total uncollected 2021, or reported on line 5a for leave taken after March employee share of the social security and Medicare taxes. 31, 2021, and before October 1, 2021. Where Can You Obtain Forms? 5a–5e. Taxable Social Security and Medicare See Pub. 80 for information on ordering IRS forms. You Wages and Tips may also be able to get some IRS forms at the addresses listed next. Qualified sick leave wages and qualified family leave wages paid this quarter of 2023 for leave American Samoa Tax Office CAUTION! taken after March 31, 2020, and before April 1, Executive Office Building, First Floor 2021, are reported on lines 5a(i) and 5a(ii), respectively. Pago Pago, AS 96799 Qualified sick leave wages and qualified family leave wages paid this quarter of 2023 for leave taken after CNMI CNMI Division of Revenue and Taxation Joeten Dandan Commercial Center March 31, 2021, and before October 1, 2021, are reported Saipan, MP 96950 on line 5a. Guam Department of Revenue and Taxation 5a. Taxable social security wages. Enter the total Government of Guam wages, including qualified sick leave wages and qualified 1240 Army Drive Barrigada, GU 96913 family leave wages paid this quarter of 2023 for leave taken after March 31, 2021, and before October 1, 2021; U.S. Virgin Islands Bureau of Internal Revenue sick pay; and taxable fringe benefits subject to social 6115 Estate Smith Bay, Ste 225 security taxes you paid to your employees during the St. Thomas, VI 00802 quarter. Don't include the qualified sick leave wages paid this quarter of 2023 that are reported on line 5a(i) or qualified family leave wages paid this quarter of 2023 that are reported on line 5a(ii) for leave taken after March 31, Specific Instructions: 2020, and before April 1, 2021. For this purpose, sick pay includes payments made by an insurance company to Part 1: Answer These Questions for your employees for which you received timely notice from This Quarter the insurance company. See section 6 of Pub. 15-A for more information about sick pay reporting. See the 1. Number of Employees Who Received Wages, instructions for line 8 for an adjustment that you may need Tips, or Other Compensation to make on Form 941-SS for sick pay. Enter the number of employees on your payroll for the pay Enter the amount before payroll deductions. Don't period including March 12, June 12, September 12, or include tips on this line. For information on types of wages December 12, for the quarter indicated at the top of the subject to social security taxes, see section 4 of Pub. 80. Form 941-SS. Don't include: For 2023, the rate of social security tax on taxable • Household employees, wages, except for qualified sick leave wages and qualified • Employees in nonpay status for the pay period, family leave wages paid in 2023 for leave taken after • Farm employees, March 31, 2020, and before April 1, 2021, is 6.2% (0.062) • Pensioners, or each for the employer and employee or 12.4% (0.124) for • Active members of the U.S. Armed Forces. both. Stop paying social security tax on and entering an employee's wages on line 5a when the employee's 4. If No Wages, Tips, and Other Compensation taxable wages, including qualified sick leave wages paid Are Subject to Social Security or Medicare in 2023 that are reported on line 5a(i), qualified family Tax . . . leave wages paid in 2023 that are reported on line 5a(ii), and tips, reach $160,200 for the year. However, continue If no wages, tips, and compensation are subject to social to withhold Medicare taxes for the whole year on all security or Medicare tax, check the box on line 4. If this wages, including qualified sick leave wages paid in 2023, question doesn't apply to you, leave the box blank. For qualified family leave wages paid in 2023, and tips, even more information about exempt wages, see section 12 of when the social security wage base of $160,200 has been Pub. 80. For religious exemptions, see section 4 of Pub. reached. 15-A. Instructions for Form 941-SS (Rev. 3-2023) -9- |
Page 10 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For purposes of the credit for qualified sick and family COVID-19, or to care for an individual who is recovering leave wages, qualified sick leave and family leave wages from any injury, disability, illness, or condition related to are wages for social security and Medicare tax purposes, the immunization. determined without regard to the exclusions from the Son or daughter. A son or daughter must generally definition of employment under sections 3121(b)(1)–(22), have been under 18 years of age or incapable of self-care that an employer pays that otherwise meet the because of a mental or physical disability. A son or requirements of the Emergency Paid Sick Leave Act daughter includes a biological child, adopted child, (EPSLA) or the Emergency Family and Medical Leave stepchild, foster child, legal ward, or a child for whom the Expansion Act (Expanded FMLA), as enacted under the employee assumes parental status and carries out the FFCRA and amended for purposes of the ARP. However, obligations of a parent. don't include any wages otherwise excluded under section 3121(b) when reporting qualified sick and family Limits on qualified sick leave wages. The EPSLA, leave wages on lines 5a, 5a(i), 5a(ii), 5c, and, if as amended for purposes of the ARP, provides different applicable, 5d. See the instructions for line 11d for limitations for different circumstances under which information about the credit for qualified sick and family qualified sick leave wages are paid. For paid sick leave leave wages for leave taken after March 31, 2021, and qualifying under (1), (2), or (3) above, the amount of before October 1, 2021. qualified sick leave wages is determined at the employee's regular rate of pay, but the wages may not line 5a (column 1) exceed $511 for any day (or portion of a day) for which the x 0.124 individual is paid sick leave. For paid sick leave qualifying line 5a (column 2) under (4), (5), or (6) above, the amount of qualified sick leave wages is determined at two-thirds the employee's regular rate of pay, but the wages may not exceed $200 EPSLA. Employers with fewer than 500 employees for any day (or portion of a day) for which the individual is and, for leave taken after March 31, 2021, and before paid sick leave. The EPSLA also limits each individual to a October 1, 2021, certain governmental employers without maximum of up to 80 hours of paid sick leave in total for regard to number of employees (except for the federal leave taken after March 31, 2020, and before April 1, government and its agencies and instrumentalities unless 2021. The ARP resets this limit at 80 hours of paid sick described in section 501(c)(1)) are entitled to a credit if leave for leave taken after March 31, 2021, and before they provide paid sick leave to employees that otherwise October 1, 2021. Therefore, for leave taken after March meets the requirements of the EPSLA. Under the EPSLA, 31, 2020, and before April 1, 2021, the maximum amount as amended for purposes of the ARP, wages are qualified of paid sick leave wages can't exceed $5,110 for an sick leave wages if paid to employees that are unable to employee for leave under (1), (2), or (3), and it can't work or telework before October 1, 2021, because the exceed $2,000 for an employee for leave under (4), (5), or employee: (6). These maximum amounts also reset and apply to 1. Is subject to a federal, state (including U.S. leave taken after March 31, 2021, and before October 1, territories), or local quarantine or isolation order related to 2021. COVID-19; For more information about qualified sick leave wages, 2. Has been advised by a health care provider to go to IRS.gov/PLC. self-quarantine due to concerns related to COVID-19; Expanded FMLA. Employers with fewer than 500 3. Is experiencing symptoms of COVID-19 and employees and, for leave taken after March 31, 2021, and seeking a medical diagnosis; or, for leave taken after before October 1, 2021, certain governmental employers March 31, 2021, and before October 1, 2021, is seeking without regard to number of employees (except for the or awaiting the results of a diagnostic test for, or a medical federal government and its agencies and instrumentalities diagnosis of, COVID-19 (and the employee has been unless described in section 501(c)(1)) are entitled to a exposed to COVID-19 or the employee's employer has credit under the FFCRA, as amended for purposes of the requested such test or diagnosis), or the employee is ARP, if they provide paid family leave to employees that obtaining immunizations related to COVID-19 or otherwise meets the requirements of the Expanded recovering from an injury, disability, illness, or condition FMLA. For leave taken after March 31, 2020, and before related to such immunization; April 1, 2021, wages are qualified family leave wages if paid to an employee who has been employed for at least 4. Is caring for an individual subject to an order 30 calendar days when an employee is unable to work or described in (1) or who has been advised as described in telework due to the need to care for a son or daughter (2); under 18 years of age or incapable of self-care because of 5. Is caring for a son or daughter because the school a mental or physical disability because the school or place or place of care for that child has been closed, or the of care for that child has been closed, or the childcare childcare provider for that child is unavailable, due to provider for that child is unavailable, due to a public health COVID-19 precautions; or emergency. See Son or daughter, earlier, for more 6. Is experiencing any other substantially similar information. For leave taken after March 31, 2021, and condition specified by the U.S. Department of Health and before October 1, 2021, the leave can be granted for any Human Services, which for leave taken after March 31, other reason provided by the EPSLA, as amended for 2021, and before October 1, 2021, includes to purposes of the ARP. accompany an individual to obtain immunization related to -10- Instructions for Form 941-SS (Rev. 3-2023) |
Page 11 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For leave taken after March 31, 2020, and before April 5a(ii). Qualified family leave wages. Enter the qualified 1, 2021, the first 10 days for which an employee takes taxable (subject to social security tax) family leave wages leave may be unpaid. During this period, employees may you paid this quarter of 2023 to your employees for leave use other forms of paid leave, such as qualified sick leave, taken after March 31, 2020, and before April 1, 2021. accrued sick leave, annual leave, or other paid time off. Qualified family leave wages for leave taken after March After an employee takes leave for 10 days, the employer 31, 2020, and before April 1, 2021, aren't subject to the must provide the employee paid leave (that is, qualified employer share of social security tax; therefore, the tax family leave wages) for up to 10 weeks. For leave taken rate on these wages is 6.2% (0.062). Stop paying social after March 31, 2021, and before October 1, 2021, the security tax on and entering an employee's wages on 10-day rule discussed above doesn't apply and the paid line 5a(ii) when the employee's taxable wages, including leave can be provided for up to 12 weeks. wages reported on line 5a, qualified sick leave wages Rate of pay and limit on wages. The rate of pay must reported on line 5a(i), qualified family leave wages be at least two-thirds of the employee’s regular rate of pay reported on line 5a(ii), and tips, reach $160,200 for the (as determined under the Fair Labor Standards Act of year. See the instructions for line 5c for reporting 1938), multiplied by the number of hours the employee Medicare tax on qualified family leave wages, including would have otherwise been scheduled to work. For leave the portion above the social security wage base. taken after March 31, 2020, and before April 1, 2021, the For purposes of the credit for qualified sick and family total qualified family leave wages can’t exceed $200 per leave wages, qualified family leave wages are wages for day or $10,000 in the aggregate per employee. For leave social security and Medicare tax purposes, determined taken after March 31, 2021, and before October 1, 2021, without regard to the exclusions from the definition of the limit resets and the total qualified family leave wages employment under sections 3121(b)(1)–(22), that an can't exceed $200 per day or $12,000 in the aggregate employer pays that otherwise meet the requirements of per employee. the Expanded FMLA, as enacted under the FFCRA and For more information about qualified family leave amended by the COVID-related Tax Relief Act of 2020. wages, go to IRS.gov/PLC. However, don't include any wages otherwise excluded 5a(i). Qualified sick leave wages. Enter the qualified under section 3121(b) when reporting qualified family taxable (subject to social security tax) sick leave wages leave wages on lines 5a(ii), 5c, and, if applicable, 5d. See you paid this quarter of 2023 to your employees for leave the instructions for line 11b for information about the credit taken after March 31, 2020, and before April 1, 2021. for qualified sick and family leave wages for leave taken Qualified sick leave wages for leave taken after March 31, after March 31, 2020, and before April 1, 2021. 2020, and before April 1, 2021, aren't subject to the line 5a(ii) (column 1) employer share of social security tax; therefore, the tax x 0.062 rate on these wages is 6.2% (0.062). Stop paying social line 5a(ii) (column 2) security tax on and entering an employee's wages on line 5a(i) when the employee's taxable wages, including wages reported on line 5a, qualified sick leave wages reported on line 5a(i), qualified family leave wages 5b. Taxable social security tips. Enter all tips your reported on line 5a(ii), and tips, reach $160,200 for the employees reported to you during the quarter until the year. See the instructions for line 5c for reporting total of the tips and taxable wages, including wages Medicare tax on qualified sick leave wages, including the reported on line 5a, qualified sick leave wages reported portion above the social security wage base. on line 5a(i), and qualified family leave wages reported on line 5a(ii), for an employee reach $160,200 for the year. For purposes of the credit for qualified sick and family Include all tips your employee reported to you even if you leave wages, qualified sick leave wages are wages for were unable to withhold the employee tax of 6.2%. You social security and Medicare tax purposes, determined will reduce your total taxes by the amount of any without regard to the exclusions from the definition of uncollected employee share of social security and employment under sections 3121(b)(1)–(22), that an Medicare taxes on tips later on line 9; see Current employer pays that otherwise meet the requirements of quarter's adjustments for tips and group-term life the EPSLA, as enacted under the FFCRA and amended insurance, later. Don't include service charges on line 5b. by the COVID-related Tax Relief Act of 2020. However, For details about the difference between tips and service don't include any wages otherwise excluded under charges, see Rev. Rul. 2012-18, 2012-26 I.R.B. 1032, section 3121(b) when reporting qualified sick leave wages available at IRS.gov/irb/2012-26_IRB#RR-2012-18. on lines 5a(i), 5c, and, if applicable, 5d. See the instructions for line 11b for information about the credit for Your employee must report cash tips to you by the 10th qualified sick and family leave wages for leave taken after day of the month after the month the tips are received. March 31, 2020, and before April 1, 2021. Cash tips include tips paid by cash, check, debit card, and credit card. The report should include charged tips (for line 5a(i) (column 1) example, credit and debit card charges) you paid over to x 0.062 the employee for charge customers, tips the employee line 5a(i) (column 2) received directly from customers, and tips received from other employees under any tip-sharing arrangement. Both directly and indirectly tipped employees must report tips to you. No report is required for months when tips are less than $20. Employees may use Form 4070 (available only Instructions for Form 941-SS (Rev. 3-2023) -11- |
Page 12 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in Pub. 1244) or submit a written statement or electronic line 5d (column 1) tip record. x 0.009 Don't include allocated tips on this line. Instead, report line 5d (column 2) them on Form 8027. Allocated tips aren't reportable on Form 941-SS and aren't subject to withholding of social security or Medicare taxes. 5e. Total social security and Medicare taxes. Add the column 2 amounts on lines 5a–5d. Enter the result on line 5b (column 1) line 5e. x 0.124 line 5b (column 2) 5f. Section 3121(q) Notice and Demand—Tax Due on Unreported Tips Enter the tax due from your Section 3121(q) Notice and 5c. Taxable Medicare wages & tips. Enter all wages, Demand on line 5f. The IRS issues a Section 3121(q) including qualified sick leave wages paid this quarter of Notice and Demand to advise an employer of the amount 2023, and qualified family leave wages paid this quarter of of tips received by employees who failed to report or 2023; tips; sick pay; and taxable fringe benefits that are underreported tips to the employer. An employer isn't subject to Medicare tax. Unlike social security wages, liable for the employer share of the social security and there is no limit on the amount of wages subject to Medicare taxes on unreported tips until notice and Medicare tax. demand for the taxes is made to the employer by the IRS The rate of Medicare tax is 1.45% (0.0145) each for the in a Section 3121(q) Notice and Demand. The tax due employer and employee or 2.9% (0.029) for both. Include may have been determined from tips reported to the IRS all tips your employees reported during the quarter, even if on employees' Forms 4137, Social Security and Medicare you were unable to withhold the employee tax of 1.45%. Tax on Unreported Tip Income, or other tips that weren't reported to their employer as determined by the IRS line 5c (column 1) during an examination. For additional information, see x 0.029 Rev. Rul. 2012-18. line 5c (column 2) Deposit the tax within the time period required under your deposit schedule to avoid any possible deposit For more information on tips, see section 5 of Pub. 80. penalty. The tax is treated as accumulated by the See the instructions for line 8 for an adjustment that you employer on the “Date of Notice and Demand” as printed may need to make on Form 941-SS for sick pay. on the Section 3121(q) Notice and Demand. The 5d. Taxable wages & tips subject to Additional Medi- employer must include this amount on the appropriate line care Tax withholding. Enter all wages, including of the record of federal tax liability (Part 2 of Form 941-SS qualified sick leave wages paid this quarter of 2023, and for a monthly schedule depositor or Schedule B (Form qualified family leave wages paid this quarter of 2023; 941) for a semiweekly schedule depositor). tips; sick pay; and taxable fringe benefits that are subject 6. Total Taxes Before Adjustments to Additional Medicare Tax withholding. You’re required to begin withholding Additional Medicare Tax in the pay Add the total social security and Medicare taxes before period in which you pay wages in excess of $200,000 to adjustments (line 5e) and any tax due under a Section an employee and continue to withhold it each pay period 3121(q) Notice and Demand (line 5f). Enter the result on until the end of the calendar year. Additional Medicare line 6. Tax is only imposed on the employee. There is no 7–9. Tax Adjustments employer share of Additional Medicare Tax. All wages that are subject to Medicare tax are subject to Additional Enter tax amounts on lines 7–9 that result from current Medicare Tax withholding if paid in excess of the quarter adjustments. Use a minus sign (if possible) to $200,000 withholding threshold. show an adjustment that decreases the total taxes shown on line 6 instead of parentheses. Doing so enhances the For more information on what wages are subject to accuracy of our scanning software. For example, enter Medicare tax, see the chart, Special Rules for Various “-10.59” instead of “(10.59).” However, if your software Types of Employment and Payments, in section 12 of only allows for parentheses in entering negative amounts, Pub. 80. For more information on Additional Medicare you may use them. Tax, go to IRS.gov/ADMTfaqs. See the instructions for line 8 for an adjustment that you may need to make on Current quarter's adjustments. In certain cases, you Form 941-SS for sick pay. must adjust the amounts you entered as social security Once wages and tips exceed the $200,000 withholding and Medicare taxes in column 2 of lines 5a–5d to figure threshold, include all tips your employees reported during your correct tax liability for this quarter's Form 941-SS. the quarter, even if you were unable to withhold the See section 9 of Pub. 80. employee tax of 0.9%. 7. Current quarter's adjustment for 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 of amounts shown in column 2 of lines 5a–5d may differ slightly from amounts actually withheld from employees' -12- Instructions for Form 941-SS (Rev. 3-2023) |
Page 13 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. pay due to the rounding of social security and Medicare Form 941-SS and these instructions use the terms taxes based on statutory rates. This adjustment may be a TIP “nonrefundable” and “refundable” when positive or negative adjustment. discussing credits. The term “nonrefundable” 8. Current quarter's adjustment for sick pay. If means the portion of the credit which is limited by law to your third-party payer of sick pay that isn't your agent (for the amount of certain taxes. The term “refundable” means example, an insurance company) transfers the liability for the portion of the credit which is in excess of those taxes. the employer share of the social security and Medicare taxes to you, enter a negative adjustment on line 8 for the 11b. Nonrefundable Portion of Credit for employee share of social security and Medicare taxes that Qualified Sick and Family Leave Wages for were withheld and deposited by your third-party sick pay Leave Taken After March 31, 2020, and Before payer on the sick pay. If you’re the third-party sick pay payer and you transferred the liability for the employer April 1, 2021 share of the social security and Medicare taxes to the Complete line 11b only if qualified sick leave employer, enter a negative adjustment on line 8 for any ! wages and/or qualified family leave wages were employer share of these taxes required to be paid by the CAUTION paid this quarter of 2023 for leave taken after employer. The sick pay should be included on line 5a, March 31, 2020, and before April 1, 2021. line 5c, and, if the withholding threshold is met, line 5d. Certain private employers with fewer than 500 No adjustment is reported on line 8 for sick pay that is employees that provide paid sick leave under the EPSLA paid through a third party as an employer’s agent. An and/or provide paid family leave under the Expanded employer’s agent bears no insurance risk and is FMLA are eligible to claim the credit for qualified sick and reimbursed on a cost-plus-fee basis for payment of sick family leave wages for leave taken after March 31, 2020, pay and similar amounts. If an employer uses an agent to and before April 1, 2021. For purposes of this credit, pay sick pay, the employer reports the wages on line 5a, qualified sick leave wages and qualified family leave line 5c, and, if the withholding threshold is met, line 5d, wages are wages for social security and Medicare tax unless the employer has an agency agreement with the purposes, determined without regard to the exclusions third-party payer that requires the third-party payer to do from the definition of employment under sections 3121(b) the collecting, reporting, and/or paying or depositing (1)–(22), that an employer pays that otherwise meet the employment taxes on the sick pay. See section 6 of Pub. requirements of the EPSLA or Expanded FMLA. Enter the 15-A for more information about sick pay reporting. nonrefundable portion of the credit for qualified sick and 9. Current quarter's adjustments for tips and family leave wages from Worksheet 1, Step 2, line 2j. The group-term life insurance. Enter a negative adjustment credit for qualified sick and family leave wages consists of for: the qualified sick leave wages, the qualified family leave • Any uncollected employee share of social security and wages, the qualified health plan expenses allocable to Medicare taxes on tips, and those wages, and the employer share of Medicare tax • The uncollected employee share of social security and allocable to those wages. The nonrefundable portion of Medicare taxes on group-term life insurance premiums the credit is limited to the employer share of social paid for former employees. security tax reported on Form 941-SS, lines 5a and 5b, See the General Instructions for Forms W-2 and W-3 after that share is first reduced by any credit claimed for information on how to report the uncollected employee against the employer share of social security tax on Form share of social security and Medicare taxes on tips and 8974 for the qualified small business payroll tax credit for group-term life insurance on Form W-2. increasing research activities, any credit to be claimed on Form 5884-C for the work opportunity credit for qualified Prior quarter's adjustments. If you need to correct any tax-exempt organizations hiring qualified veterans, and/or adjustment reported on a previously filed Form 941-SS, any credit to be claimed on Form 5884-D for the disaster complete and file Form 941-X. Form 941-X is an adjusted credit for qualified tax-exempt organizations. return or claim for refund and is filed separately from Form 941-SS. See section 9 of Pub. 80. If you're a third-party payer of sick pay that isn't an agent (for example, an insurance company) and 10. Total Taxes After Adjustments CAUTION! you're claiming the credit for qualified sick and Combine the amounts shown on lines 6–9 and enter the family leave wages for amounts paid to your own result on line 10. employees, the amount of the employer share of social security tax reported on line 5a must be reduced by any 11a. Qualified Small Business Payroll Tax Credit adjustment you make on line 8 for the employer share of for Increasing Research Activities social security tax transferred to your client. If you Enter the amount of the credit from Form 8974, line 12 or, received a Section 3121(q) Notice and Demand for tax if applicable, line 17. due on unreported tips (Letter 3263 or Letter 4520) during the quarter, you report the amount for the employer share If you enter an amount on line 11a, you must of social security tax and Medicare tax on Form 941-SS, ! attach Form 8974. line 5f. Letter 3263 or Letter 4520 includes an attachment CAUTION that shows the employer share of social security tax. This amount of the employer share of social security tax can also be reduced by the nonrefundable portion of the credit. See Worksheet 1 to figure your credit. Instructions for Form 941-SS (Rev. 3-2023) -13- |
Page 14 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Any credit in excess of the remaining amount of the • Qualified sick leave wages and/or qualified family leave employer share of social security tax is refundable and wages; reported on Form 941-SS, line 13c. For more information • Qualified health plan expenses allocable to qualified on the credit for qualified sick and family leave wages, go sick leave and family leave wages; to IRS.gov/PLC. • Collectively bargained defined benefit pension plan contributions, subject to the qualified leave wage Qualified health plan expenses allocable to qualified limitations, allocable to the qualified sick and family leave sick leave and family leave wages. The credit for wages; qualified sick leave wages and qualified family leave wages is increased to cover the qualified health plan • Collectively bargained apprenticeship program contributions, subject to the qualified leave wage expenses that are properly allocable to the qualified leave limitations, allocable to the qualified sick and family leave wages for which the credit is allowed. These qualified wages; and health plan expenses are amounts paid or incurred by the employer to provide and maintain a group health plan but • Employer share of social security and Medicare tax allocable to the qualified sick and family leave wages. only to the extent such amounts are excluded from the employees’ income as coverage under an accident or The nonrefundable portion of the credit is limited to the health plan. The amount of qualified health plan expenses employer share of Medicare tax reported on Form generally includes both the portion of the cost paid by the 941-SS, line 5c, after that share is first reduced by any employer and the portion of the cost paid by the employee credit claimed against the employer share of Medicare tax with pre-tax salary reduction contributions. However, on Form 8974 for the qualified small business payroll tax qualified health plan expenses don’t include amounts that credit for increasing research activities. You can’t claim the employee paid for with after-tax contributions. For the credit for leave taken after March 31, 2021, and before more information, go to IRS.gov/PLC. October 1, 2021, if, during the applicable quarter in which You must include the full amount (both the the qualified sick or family leave wages were paid, you TIP nonrefundable and refundable portions) of the made qualified sick or family leave wages available in a credit for qualified sick and family leave wages in manner that discriminates in favor of highly compensated your gross income for the tax year that includes the last employees, full-time employees, or employees on the day of any calendar quarter in which a credit is allowed. basis of employment tenure. See Highly compensated employee, later, for the definition. 11d. Nonrefundable Portion of Credit for For leave taken after March 31, 2021, and before Qualified Sick and Family Leave Wages for October 1, 2021, the credit for qualified sick and family Leave Taken After March 31, 2021, and Before leave wages is reduced by the amount of the credit October 1, 2021 allowed under section 41 (for the credit for increasing research activities) with respect to wages taken into Complete line 11d only if qualified sick leave account for determining the credit for qualified sick and ! wages and/or qualified family leave wages were family leave wages; and any wages taken into account in CAUTION paid this quarter of 2023 for leave taken after determining the credit for qualified sick and family leave March 31, 2021, and before October 1, 2021. wages can't be taken into account as wages for purposes Employers with fewer than 500 employees and certain of the credits under sections 45A, 45P, 45S, and 51. For governmental employers without regard to number of leave taken after March 31, 2021, and before October 1, employees (except for the federal government and its 2021, qualified wages also don't include wages that were agencies and instrumentalities unless described in used as payroll costs in connection with a Shuttered section 501(c)(1)) are entitled to a credit if they provide Venue Operator Grant under section 324 of the Economic paid sick leave to employees that otherwise meets the Aid to Hard-Hit Small Businesses, Nonprofits, and Venues requirements of the EPSLA, as amended for purposes of Act; or a restaurant revitalization grant under section 5003 the ARP, and/or provide paid family leave to employees of the ARP. Employers can receive both a Small Business that otherwise meets the requirements under the Interruption Loan under the Paycheck Protection Program Expanded FMLA, as amended for purposes of the ARP, (PPP) and the credit for qualified sick and family leave for qualified sick and family leave wages for leave taken wages; however, employers can't receive both loan after March 31, 2021, and before October 1, 2021. For forgiveness and a credit for the same wages. The same purposes of this credit, qualified sick leave wages and wages can’t be treated as both qualified sick leave wages qualified family leave wages are wages for social security and qualified family leave wages. and Medicare tax purposes, determined without regard to If you're a third-party payer of sick pay that isn't an the exclusions from the definition of employment under ! agent (for example, an insurance company) and sections 3121(b)(1)–(22), that an employer pays that CAUTION you're claiming the credit for qualified sick and otherwise meet the requirements of the EPSLA or family leave wages for amounts paid to your own Expanded FMLA, as enacted under the FFCRA and employees, the amount of the employer share of amended for purposes of the ARP. Enter the Medicare tax reported on line 5c must be reduced by any nonrefundable portion of the credit for qualified sick and adjustment you make on line 8 for the employer share of family leave wages from Worksheet 2, Step 2, line 2p. Medicare tax transferred to your client. If you received a The credit for qualified sick and family leave wages Section 3121(q) Notice and Demand for tax due on consists of the: unreported tips (Letter 3263 or Letter 4520) during the quarter, you report the amount for the employer share of -14- Instructions for Form 941-SS (Rev. 3-2023) |
Page 15 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. social security tax and Medicare tax on Form 941-SS, is an apprenticeship registered under the National line 5f. Letter 3263 or Letter 4520 includes an attachment Apprenticeship Act of August 16, 1937, and meets the that shows the employer share of Medicare tax. This standards of Federal Regulations under subpart A of Part amount of the employer share of Medicare tax can also be 29 and Part 30 of title 29; reduced by the nonrefundable portion of the credit. See • Made based on an apprenticeship program contribution Worksheet 2 to figure your credit. rate; and • Required to be made under the terms of a collective Any credit in excess of the remaining amount of the bargaining agreement in effect for the quarter. employer share of Medicare tax is refundable and Apprenticeship program contribution rate. The reported on Form 941-SS, line 13e. For more information apprenticeship program contribution rate is the on the credit for qualified sick and family leave wages, go contribution rate that the employer is obligated to pay to IRS.gov/PLC. under the terms of a collective bargaining agreement for benefits under a registered apprenticeship program, as Qualified health plan expenses allocable to qualified the rate is applied to contribution base units, as defined by sick leave and family leave wages. The credit for section 4001(a)(11) of ERISA. qualified sick leave wages and qualified family leave Allocation rules. The amount of collectively bargained wages is increased to cover the qualified health plan apprenticeship program contributions allocated to expenses that are properly allocable to the qualified leave qualified sick leave wages and/or qualified family leave wages for which the credit is allowed. These qualified wages in a quarter is the apprenticeship program health plan expenses are amounts paid or incurred by the contribution rate (expressed as an hourly rate) multiplied employer to provide and maintain a group health plan but by the number of hours qualified sick leave wages and/or only to the extent such amounts are excluded from the qualified family leave wages were provided to employees employees' income as coverage under an accident or covered under the collective bargaining agreement during health plan. The amount of qualified health plan expenses the quarter. generally includes both the portion of the cost paid by the employer and the portion of the cost paid by the employee Highly compensated employee. A highly compensated with pre-tax salary reduction contributions. However, employee is an employee who meets either of the qualified health plan expenses don't include amounts that following tests. the employee paid for with after-tax contributions. For 1. The employee was a 5% owner at any time during more information, go to IRS.gov/PLC. the year or the preceding year. Collectively bargained defined benefit pension plan 2. The employee received more than $135,000 in pay contributions. For purposes of qualified sick and family for the preceding year. leave wages, collectively bargained defined benefit You can choose to ignore test (2) if the employee pension plan contributions are contributions for a calendar wasn’t also in the top 20% of employees when ranked by quarter that are: pay for the preceding year. • Paid or incurred by an employer on behalf of its employees to a defined benefit plan, as defined in section 11g. Total Nonrefundable Credits 414(j), which meets the requirements of section 401(a); • Made based on a pension contribution rate; and Add lines 11a, 11b, and 11d. Enter the total on line 11g. • Required to be made under the terms of a collective 12. Total Taxes After Adjustments and bargaining agreement in effect for the quarter. Nonrefundable Credits Pension contribution rate. The pension contribution rate is the contribution rate that the employer is obligated Subtract line 11g from line 10 and enter the result on to pay under the terms of a collective bargaining line 12. The amount entered on line 12 can't be less than agreement to a defined benefit plan, as the rate is applied zero. to contribution base units, as defined by section 4001(a) (11) of the Employee Retirement Income Security Act of • If line 12 is less than $2,500 or line 12 on the prior quarterly return was less than $2,500, and you didn't 1974 (ERISA). incur a $100,000 next-day deposit obligation during Allocation rules. The amount of collectively bargained the current quarter. You may pay the amount with Form defined benefit pension plan contributions allocated to 941-SS or you may deposit the amount. To avoid a qualified sick leave wages and/or qualified family leave penalty, you must pay any amount you owe in full with a wages in a quarter is the pension contribution rate timely filed return or you must deposit any amount you (expressed as an hourly rate) multiplied by the number of owe before the due date of the return. For more hours qualified sick leave wages and/or qualified family information on paying with a timely filed return, see the leave wages were provided to employees covered under instructions for line 14, later. the collective bargaining agreement during the quarter. If line 12 is $2,500 or more and line 12 on the prior • Collectively bargained apprenticeship program con- quarterly return was $2,500 or more, or if you tributions. For purposes of qualified sick and family incurred a $100,000 next-day deposit obligation leave wages, collectively bargained apprenticeship during the current quarter. You must make required program contributions are contributions for a calendar deposits according to your deposit schedule. See Notice quarter that are: 2020-22 and Notice 2021-24 for information on reducing • Paid or incurred by an employer on behalf of its deposits for certain credits. The amount shown on line 12 employees to a registered apprenticeship program, which must equal the “Total liability for quarter” shown on line 16 Instructions for Form 941-SS (Rev. 3-2023) -15- |
Page 16 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or the “Total liability for the quarter” shown on Schedule B requirements of the EPSLA, as amended for purposes of (Form 941). For more information, see the line 16 the ARP, and/or provide paid family leave to employees instructions, later. that otherwise meets the requirements under the Expanded FMLA, as amended for purposes of the ARP, For more information and rules about federal tax for leave taken after March 31, 2021, and before October deposits, see Depositing Your Taxes, earlier, and section 1, 2021. Enter the refundable portion of the credit for 8 of Pub. 80. qualified sick and family leave wages from Worksheet 2, If you’re a semiweekly schedule depositor, you Step 2, line 2q. The refundable portion of the credit is ! must complete Schedule B (Form 941). If you fail allowed after the employer share of Medicare tax is CAUTION to complete and submit Schedule B (Form 941), reduced to zero by nonrefundable credits that are applied the IRS may assess deposit penalties based on available against the employer share of Medicare tax. information. 13g. Total Deposits and Refundable Credits 13a. Total Deposits for This Quarter Add lines 13a, 13c, and 13e. Enter the total on line 13g. Enter your deposits for this quarter, including any 14. Balance Due overpayment from a prior quarter that you applied to this return. Also include in the amount shown any If line 12 is more than line 13g, enter the difference on overpayment that you applied from filing Form 941-X, line 14. Otherwise, see the instructions for line 15, later. 944-X, or 944-X (SP) in the current quarter. Don't include Never make an entry on both lines 14 and 15. any amount that you didn't deposit because you reduced your deposits in anticipation of the credit for qualified sick You don't have to pay if line 14 is under $1. Generally, and family leave wages, as discussed in Notice 2020-22 you should have a balance due only if your total taxes and Notice 2021-24. after adjustments and nonrefundable credits (line 12) for the current quarter or prior quarter are less than $2,500, 13c. Refundable Portion of Credit for Qualified and you didn't incur a $100,000 next-day deposit Sick and Family Leave Wages for Leave Taken obligation during the current quarter. However, see After March 31, 2020, and Before April 1, 2021 section 8 of Pub. 80 for information about payments made under the accuracy of deposits rule. Complete line 13c only if qualified sick leave If you were required to make federal tax deposits, pay CAUTION paid this quarter of 2023 for leave taken after ! wages and/or qualified family leave wages were the amount shown on line 14 by EFT. If you weren't March 31, 2020, and before April 1, 2021. required to make federal tax deposits (see Must You Deposit Your Taxes, earlier) or you're a monthly schedule Certain private employers with fewer than 500 depositor making a payment under the accuracy of employees that provide paid sick leave under the EPSLA deposits rule, you may pay the amount shown on line 14 and/or provide paid family leave under the Expanded by EFT, credit card, debit card, check, money order, or FMLA are eligible to claim the credit for qualified sick and EFW. For more information on electronic payment family leave wages. Enter the refundable portion of the options, go to IRS.gov/Payments. credit for qualified sick and family leave wages from Worksheet 1, Step 2, line 2k. The credit for qualified sick If you pay by EFT, credit card, or debit card, file your and family leave wages consists of the qualified sick leave return using the Without a payment address under Where wages, the qualified family leave wages, the qualified Should You File, earlier, and don't file Form 941-V(SS), health plan expenses allocable to those wages, and the Payment Voucher. employer share of Medicare tax allocable to those wages. The refundable portion of the credit is allowed after the If you pay by check or money order, make it payable to employer share of social security tax is reduced to zero by “United States Treasury.” Enter your EIN, “Form 941-SS,” nonrefundable credits that are applied against the and the tax period (“1st Quarter 2023,” “2nd Quarter employer share of social security tax. 2023,” “3rd Quarter 2023,” or “4th Quarter 2023”) on your check or money order. Complete Form 941-V(SS) and 13e. Refundable Portion of Credit for Qualified enclose it with Form 941-SS. Sick and Family Leave Wages for Leave Taken If line 12 is $2,500 or more on both your prior and After March 31, 2021, and Before October 1, current quarter Form 941-SS, and you’ve deposited all 2021 taxes when due, the balance due on line 14 should be zero. Complete line 13e only if qualified sick leave If you’re required to make deposits and instead ! wages and/or qualified family leave wages were CAUTION paid this quarter of 2023 for leave taken after ! pay the taxes with Form 941-SS, you may be March 31, 2021, and before October 1, 2021. CAUTION subject to a penalty. See Must You Deposit Your Taxes, earlier. Employers with fewer than 500 employees and certain governmental employers without regard to number of What if you can't pay in full? If you can't pay the full employees (except for the federal government and its amount of tax you owe, you can apply for an installment agencies and instrumentalities unless described in agreement online. You can apply for an installment section 501(c)(1)) are entitled to a credit if they provide agreement online if: paid sick leave to employees that otherwise meets the • You can't pay the full amount shown on line 14, -16- Instructions for Form 941-SS (Rev. 3-2023) |
Page 17 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The total amount you owe is $25,000 or less, and paid wages to your employees, not the date payroll • You can pay the liability in full in 24 months. liabilities were accrued or deposits were made. Add the To apply using the Online Payment Agreement amounts for each month. Enter the result in the “Total Application, go to IRS.gov/OPA. liability for quarter” box. Under an installment agreement, you can pay what you Note that your total tax liability for the quarter must owe in monthly installments. There are certain conditions equal your total taxes shown on line 12. If it doesn't, your you must meet to enter into and maintain an installment tax deposits and payments may not be counted as timely. agreement, such as paying the liability within 24 months, Don't reduce your total liability reported on line 16 by the and making all required deposits and timely filing tax refundable portion of the credit for qualified sick and returns during the length of the agreement. family leave wages. Don't change your tax liability on line 16 by adjustments reported on any Forms 941-X. If your installment agreement is accepted, you will be charged a fee and you will be subject to penalties and You’re a monthly schedule depositor for the calendar interest on the amount of tax not paid by the due date of year if the amount of your Form 941-SS taxes reported for the return. the lookback period is $50,000 or less. The lookback period is the 4 consecutive quarters ending on June 30 of 15. Overpayment the prior year. For 2023, the lookback period begins July If line 13g is more than line 12, enter the difference on 1, 2021, and ends June 30, 2022. For details on the line 15. deposit rules, see section 8 of Pub. 80. If you filed Form 944 in either 2021 or 2022, your lookback period is the Never make an entry on both lines 14 and 15. 2021 calendar year. If you deposited more than the correct amount for the The amounts entered on line 16 are a summary of quarter, you can choose to have the IRS either refund the ! your monthly tax liability, not a summary of overpayment or apply it to your next return. Check only CAUTION deposits you made. If you don't properly report one box on line 15. If you don't check either box or if you your liabilities when required or if you’re a semiweekly check both boxes, we will generally apply the schedule depositor and enter your liabilities on line 16 overpayment to your next return. Regardless of any boxes instead of on Schedule B (Form 941), you may be you check or don’t check on line 15, we may apply your assessed an “averaged” FTD penalty. See Deposit overpayment to any past due tax account that is shown in Penalties in section 8 of Pub. 80 for more information. our records under your EIN. Reporting adjustments from lines 7–9 on line 16. If If line 15 is under $1, we will send a refund or apply it to your net adjustment during a month is negative and it your next return only if you ask us in writing to do so. exceeds your total tax liability for the month, don't enter a Part 2: Tell Us About Your Deposit negative amount for the month. Instead, enter "-0-" for the month and carry over the unused portion of the Schedule and Tax Liability for This adjustment to the next month. Quarter Semiweekly schedule depositor. If you reported more than $50,000 of taxes for the lookback period, you’re a 16. Tax Liability for the Quarter semiweekly schedule depositor. Check the third box on Check one of the boxes on line 16. Follow the instructions line 16. for each box to determine if you need to enter your You must complete Schedule B (Form 941) and submit monthly tax liability on Form 941-SS or your daily tax it with your Form 941-SS. Don't file Schedule B (Form liability on Schedule B (Form 941). 941) with your Form 941-SS if you’re a monthly schedule De minimis exception. If line 12 is less than $2,500 or depositor. line 12 on the prior quarterly return was less than $2,500, Don't change your tax liability on Schedule B (Form and you didn't incur a $100,000 next-day deposit 941) by adjustments reported on any Forms 941-X. obligation during the current quarter, check the first box Adjusting tax liability for nonrefundable credits on line 16 and go to Part 3. claimed on lines 11a, 11b, and 11d. Monthly schedule If you meet the de minimis exception based on the depositors and semiweekly schedule depositors must ! prior quarter and line 12 for the current quarter is account for nonrefundable credits claimed on lines 11a, CAUTION $100,000 or more, you must provide a record of 11b, and 11d when reporting their tax liabilities on line 16 your federal tax liability. If you’re a monthly schedule or Schedule B (Form 941). The total tax liability for the depositor, complete the deposit schedule on line 16. If quarter must equal the amount reported on line 12. Failure you’re a semiweekly schedule depositor, attach to account for the nonrefundable credits on line 16 or Schedule B (Form 941). Schedule B (Form 941) may cause line 16 or Schedule B (Form 941) to report more than the total tax liability Monthly schedule depositor. If you reported $50,000 or reported on line 12. Don't reduce your monthly tax liability less in taxes during the lookback period, you’re a monthly reported on line 16 or your daily tax liability reported on schedule depositor unless the $100,000 Next-Day Schedule B (Form 941) below zero. Deposit Rule discussed in section 8 of Pub. 80 applies. Qualified small business payroll tax credit for Check the second box on line 16 and enter your tax increasing research activities (line 11a). Beginning liability for each month in the quarter. Enter your tax with the first quarter of 2023, the qualified small business liabilities in the month that corresponds to the dates you Instructions for Form 941-SS (Rev. 3-2023) -17- |
Page 18 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. payroll tax credit for increasing research activities is first remainder would be treated as a payroll tax credit against used to reduce the employer share of social security tax its share of social security tax (up to $250,000) and (up to $250,000) for the quarter and any remaining credit Medicare tax on wages paid in the fourth quarter. If the is then used to reduce the employer share of Medicare tax amount of the payroll tax credit remaining exceeded Rose for the quarter until it reaches zero. In completing line 16 Co.'s share of social security tax (up to $250,000) and or Schedule B (Form 941), you take into account the Medicare tax on wages paid in the fourth quarter, it could payroll tax credit against the liability for the employer be carried forward and treated as a payroll tax credit for share of social security tax starting with the first payroll the first quarter of 2024. payment of the quarter that includes payments of wages Nonrefundable portion of credit for qualified sick subject to social security tax to your employees until you and family leave wages for leave taken after March use up to $250,000 of credit against the employer share of 31, 2020, and before April 1, 2021 (line 11b). The social security tax and you then take into account any nonrefundable portion of the credit for qualified sick and remaining payroll tax credit against the liability for the family leave wages paid this quarter of 2023 for leave employer share of Medicare tax starting with the first taken after March 31, 2020, and before April 1, 2021, is payroll payment of the quarter that includes payments of limited to the employer share of social security tax on wages subject to Medicare tax to employees. Consistent wages paid in the quarter that is remaining after that share with the entries on line 16 or Schedule B (Form 941), the is first reduced by any credit claimed against the employer payroll tax credit should be taken into account in making share of social security tax on Form 8974, line 12, for the deposits of employment tax. If any payroll tax credit is qualified small business payroll tax credit for increasing remaining at the end of the quarter that hasn’t been used research activities; any credit to be claimed on Form completely because it exceeds $250,000 of the employer 5884-C, line 11, for the work opportunity credit for share of social security tax and the employer share of qualified tax-exempt organizations hiring qualified Medicare tax for the quarter, the excess credit may be veterans; and/or any credit to be claimed on Form 5884-D carried forward to the succeeding quarter and allowed as for the disaster credit for qualified tax-exempt a payroll tax credit for the succeeding quarter. The payroll organizations. In completing line 16 or Schedule B (Form tax credit may not be taken as a credit against income tax 941), you take into account the entire quarter's withholding, the employee share of social security tax, or nonrefundable portion of the credit for qualified sick and the employee share of Medicare tax. Also, the remaining family leave wages against the liability for the first payroll payroll tax credit may not be carried back and taken as a payment of the quarter, but not below zero. Then reduce credit against wages paid from preceding quarters. the liability for each successive payroll payment in the Example. Rose Co. is an employer with a calendar tax quarter until the nonrefundable portion of the credit is year that filed its timely 2022 income tax return on April used. Any credit for qualified sick and family leave wages 18, 2023. Rose Co. elected to take the qualified small paid this quarter of 2023 for leave taken after March 31, business payroll tax credit for increasing research 2020, and before April 1, 2021, that is remaining at the activities on Form 6765. The third quarter of 2023 is the end of the quarter because it exceeds the employer share first quarter that begins after Rose Co. filed the income tax of social security tax for the quarter is claimed on line 13c return making the payroll tax credit election. Therefore, as a refundable credit. The refundable portion of the credit the payroll tax credit applies against Rose Co.'s share of doesn’t reduce the liability reported on line 16 or social security tax (up to $250,000) and Medicare tax on Schedule B (Form 941). wages paid to employees in the third quarter of 2023. Example. Maple Co. is a semiweekly schedule Rose Co. is a semiweekly schedule depositor. Rose Co. depositor that pays employees every other Friday. In the completes Schedule B (Form 941) by reducing the first quarter of 2023, Maple Co. had pay dates of January amount of liability entered for the first payroll payment in 6, January 20, February 3, February 17, March 3, March the third quarter of 2023 that includes wages subject to 17, and March 31. Maple Co. paid qualified sick and social security tax by the lesser of (1) its share of social family leave wages on January 6 and January 20 for leave security tax (up to $250,000) on the wages, or (2) the taken after March 31, 2020, and before April 1, 2021. The available payroll tax credit. If the payroll tax credit elected nonrefundable portion of the credit for qualified sick and is more than Rose Co.'s share of social security tax on the family leave wages for the quarter is $10,000. On first payroll payment of the quarter, the excess payroll tax Schedule B (Form 941), Maple Co. will use the $10,000 to credit would be carried forward to succeeding payroll reduce the liability for the January 6 pay date, but not payments in the third quarter until it is used against up to below zero. If any nonrefundable portion of the credit $250,000 of Rose Co.'s share of social security tax for the remains, Maple Co. applies it to the liability for the quarter. If the amount of the payroll tax credit exceeds January 20 pay date, then the February 3 pay date, and Rose Co.'s share of social security tax (up to $250,000) so forth until the entire $10,000 is used. on wages paid to its employees in the third quarter, any Nonrefundable portion of credit for qualified sick remaining credit is used against Rose Co.'s share of and family leave wages for leave taken after March Medicare tax on the first payroll payment of the quarter 31, 2021, and before October 1, 2021 (line 11d). The and then the excess payroll tax credit would be carried nonrefundable portion of the credit for qualified sick and forward to succeeding payroll payments in the third family leave wages paid this quarter of 2023 for leave quarter until it is used against Rose Co.'s share of taken after March 31, 2021, and before October 1, 2021, Medicare tax for the quarter. If Rose Co. still has credit is limited to the employer share of Medicare tax on wages remaining after reducing its share of social security tax (up paid in the quarter that is remaining after that share is first to $250,000) and Medicare tax for the third quarter, the reduced by any credit claimed against the employer share -18- Instructions for Form 941-SS (Rev. 3-2023) |
Page 19 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of Medicare tax on Form 8974, line 16, for the qualified Complete lines 19 and 20 only if qualified health small business payroll tax credit for increasing research ! plan expenses allocable to qualified sick leave activities. In completing line 16 or Schedule B (Form 941), CAUTION wages and/or qualified family leave wages were you take into account the entire quarter's nonrefundable paid this quarter of 2023 for leave taken after March 31, portion of the credit for qualified sick and family leave 2020, and before April 1, 2021. wages paid this quarter of 2023 against the liability for the first payroll payment of the quarter, but not below zero. 19. Qualified Health Plan Expenses Allocable to Then reduce the liability for each successive payroll Qualified Sick Leave Wages for Leave Taken payment in the quarter until the nonrefundable portion of the credit is used. Any credit for qualified sick and family After March 31, 2020, and Before April 1, 2021 leave wages paid this quarter of 2023 for leave taken after Enter the qualified health plan expenses allocable to March 31, 2021, and before October 1, 2021, that is qualified sick leave wages paid this quarter of 2023 for remaining at the end of the quarter because it exceeds the leave taken after March 31, 2020, and before April 1, employer share of Medicare tax for the quarter is claimed 2021. This amount is also entered on Worksheet 1, Step on line 13e as a refundable credit. The refundable portion 2, line 2b. of the credit doesn’t reduce the liability reported on line 16 or Schedule B (Form 941). 20. Qualified Health Plan Expenses Allocable to Qualified Family Leave Wages for Leave Taken You may reduce your deposits by the amount of After March 31, 2020, and Before April 1, 2021 TIP the nonrefundable and refundable portions of the credit for qualified sick and family leave wages, as Enter the qualified health plan expenses allocable to discussed earlier under Reducing your deposits for the qualified family leave wages paid this quarter of 2023 for credit for qualified sick and family leave wages. leave taken after March 31, 2020, and before April 1, 2021. This amount is also entered on Worksheet 1, Step 2, line 2f. Part 3: Tell Us About Your Business Complete lines 23, 24, and 25 only if qualified In Part 3, answer only those questions that apply to your ! sick leave wages were paid this quarter of 2023 business. If the questions don't apply, leave them blank CAUTION for leave taken after March 31, 2021, and before and go to Part 4. October 1, 2021. 17. If Your Business Has Closed . . . 23. Qualified Sick Leave Wages for Leave Taken If you go out of business or stop paying wages, you must file a final return. To tell the IRS that a particular Form After March 31, 2021, and Before October 1, 941-SS is your final return, check the box on line 17 and 2021 enter the final date you paid wages in the space provided. Enter the qualified sick leave wages you paid this quarter For additional filing requirements, including information of 2023 to your employees for leave taken after March 31, about attaching a statement to your final return, see If 2021, and before October 1, 2021, including any qualified Your Business Has Closed, earlier. sick leave wages that were above the social security wage base and any qualified sick leave wages excluded from 18. If You’re a Seasonal Employer . . . the definition of employment under sections 3121(b)(1)– If you hire employees seasonally—such as for summer or (22). See the instructions for line 11d, earlier, for more winter only—check the box on line 18. Checking the box information about qualified sick leave wages for leave tells the IRS not to expect four Forms 941-SS from you taken after March 31, 2021, and before October 1, 2021. throughout the year because you haven't paid wages This amount is also entered on Worksheet 2, Step 2, regularly. line 2a. Generally, we won't ask about unfiled returns if at least 24. Qualified Health Plan Expenses Allocable to one taxable return is filed each year. However, you must Qualified Sick Leave Wages Reported on check the box on line 18 on every Form 941-SS you file. Otherwise, the IRS will expect a return to be filed for each Line 23 quarter. Enter the qualified health plan expenses allocable to qualified sick leave wages paid this quarter of 2023 for Also, when you complete Form 941-SS, be sure to leave taken after March 31, 2021, and before October 1, check the box on the top of the form that corresponds to 2021. This amount is also entered on Worksheet 2, Step the quarter reported. 2, line 2b. The amounts entered on lines 19 through 28 are TIP amounts that you use on the worksheets at the 25. Amounts Under Certain Collectively end of these instructions to figure certain credits. Bargained Agreements Allocable to Qualified If you’re claiming these credits, you must enter the Sick Leave Wages Reported on Line 23 applicable amounts. Enter the collectively bargained defined benefit pension plan contributions and collectively bargained apprenticeship program contributions allocable to qualified sick leave wages paid this quarter of 2023 for leave taken after March 31, 2021, and before October 1, Instructions for Form 941-SS (Rev. 3-2023) -19- |
Page 20 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2021. This amount is also entered on Worksheet 2, Step You’re not authorizing your designee to bind you to 2, line 2c. anything (including additional tax liability) or to otherwise represent you before the IRS. If you want to expand your Complete lines 26, 27, and 28 only if qualified designee's authorization, see Pub. 947. ! family leave wages were paid this quarter of 2023 CAUTION for leave taken after March 31, 2021, and before The authorization will automatically expire 1 year from October 1, 2021. the due date (without regard to extensions) for filing your Form 941-SS. If you or your designee wants to terminate 26. Qualified Family Leave Wages for Leave the authorization, write to the IRS office for your location Taken After March 31, 2021, and Before October using the Without a payment address under Where Should You File, earlier. 1, 2021 Enter the qualified family leave wages you paid this Part 5: Sign Here (Approved Roles) quarter of 2023 to your employees for leave taken after March 31, 2021, and before October 1, 2021, including Complete all information and sign Form 941-SS. The any qualified family leave wages that were above the following persons are authorized to sign the return for social security wage base and any qualified family leave each type of business entity. wages excluded from the definition of employment under • Sole proprietorship—The individual who owns the sections 3121(b)(1)–(22). See the instructions for line 11d, business. earlier, for more information about qualified family leave • Corporation (including a limited liability company wages for leave taken after March 31, 2021, and before (LLC) treated as a corporation)—The president, vice October 1, 2021. This amount is also entered on president, or other principal officer duly authorized to sign. Worksheet 2, Step 2, line 2g. • Partnership (including an LLC treated as a partnership) or unincorporated organization—A 27. Qualified Health Plan Expenses Allocable to responsible and duly authorized partner, member, or Qualified Family Leave Wages Reported on officer having knowledge of its affairs. Line 26 • Single-member LLC treated as a disregarded entity for federal income tax purposes—The owner of the Enter the qualified health plan expenses allocable to LLC or a principal officer duly authorized to sign. qualified family leave wages paid this quarter of 2023 for • Trust or estate—The fiduciary. leave taken after March 31, 2021, and before October 1, 2021. This amount is also entered on Worksheet 2, Step Form 941-SS may be signed by a duly authorized 2, line 2h. agent of the taxpayer if a valid power of attorney has been filed. 28. Amounts Under Certain Collectively Alternative signature method. Corporate officers or Bargained Agreements Allocable to Qualified duly authorized agents may sign Form 941-SS by rubber Family Leave Wages Reported on Line 26 stamp, mechanical device, or computer software Enter the collectively bargained defined benefit pension program. For details and required documentation, see plan contributions and collectively bargained Rev. Proc. 2005-39, 2005-28 I.R.B. 82, available at apprenticeship program contributions allocable to IRS.gov/irb/2005-28_IRB#RP-2005-39. qualified family leave wages paid this quarter of 2023 for leave taken after March 31, 2021, and before October 1, Paid Preparer Use Only 2021. This amount is also entered on Worksheet 2, Step A paid preparer must sign Form 941-SS and provide the 2, line 2i. information in the Paid Preparer Use Only section of Part 5 if the preparer was paid to prepare Form 941-SS and Part 4: May We Speak With Your isn't an employee of the filing entity. Paid preparers must Third-Party Designee? sign paper returns with a manual signature. The preparer must give you a copy of the return in addition to the copy If you want to allow an employee, a paid tax preparer, or to be filed with the IRS. another person to discuss your Form 941-SS with the IRS, If you’re a paid preparer, enter your Preparer Tax check the “Yes” box in Part 4. Enter the name, phone Identification Number (PTIN) in the space provided. number, and five-digit personal identification number Include your complete address. If you work for a firm, (PIN) of the specific person to speak with—not the name enter the firm's name and the EIN of the firm. You can of the firm that prepared your tax return. The designee apply for a PTIN online or by filing Form W-12. For more may choose any five numbers as their PIN. information about applying for a PTIN online, go to By checking “Yes,” you authorize the IRS to talk to the IRS.gov/PTIN. You can't use your PTIN in place of the EIN person you named (your designee) about any questions of the tax preparation firm. we may have while we process your return. You also Generally, don't complete this section if you’re filing the authorize your designee to do all of the following. return as a reporting agent and have a valid Form 8655 on • Give us any information that is missing from your return. file with the IRS. However, a reporting agent must • Call us for information about processing your return. complete this section if the reporting agent offered legal • Respond to certain IRS notices that you’ve shared with advice, for example, advising the client on determining your designee about math errors and return preparation. whether its workers are employees or independent The IRS won't send notices to your designee. contractors for federal tax purposes. -20- Instructions for Form 941-SS (Rev. 3-2023) |
Page 21 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. How To Get Forms, Instructions, and Publications From the IRS You can view, download, or print most of the forms, instructions, and publications you may need at IRS.gov/Forms. Otherwise, you can go to IRS.gov/OrderForms to place an order and have them mailed to you. The IRS will process your order for forms and publications as soon as possible. Don't resubmit requests you've already sent us. You can get forms and publications faster online. Instructions for Form 941-SS (Rev. 3-2023) -21- |
Page 22 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 1. Credit for Qualified Sick and Family Leave Wages Paid This Quarter of 2023 for Leave Taken After March 31, 2020, and Before April 1, 2021 Keep for Your Records Determine how you will complete this worksheet. (If you’re a third-party payer, you must complete this worksheet for each client for which it is applicable, on a client-by-client basis.) If you paid qualified sick leave wages and/or qualified family leave wages this quarter of 2023 for leave taken after March 31, 2020, and before April 1, 2021, complete Step 1 and Step 2. Caution: Use Worksheet 2 to figure the credit for qualified sick and family leave wages paid this quarter of 2023 for leave taken after March 31, 2021, and before October 1, 2021. Step 1. Determine the employer share of social security tax this quarter after it is reduced by any credit claimed on Form 8974 and any credit to be claimed on Form 5884-C and/or Form 5884-D 1a Enter the amount of social security tax from Form 941-SS, Part 1, line 5a, column 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1a 1b Enter the amount of social security tax from Form 941-SS, Part 1, line 5b, column 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b 1c Add lines 1a and 1b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1c 1d Multiply line 1c by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1d 1e If you’re a third-party payer of sick pay that isn't an agent and you're claiming credits for amounts paid to your employees, enter the employer share of social security tax included on Form 941-SS, Part 1, line 8 (enter as a positive number) . . . . . . . . . . . . . . . . . . . . . . 1e 1f Subtract line 1e from line 1d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1f 1g If you received a Section 3121(q) Notice and Demand during the quarter, enter the amount of the employer share of social security tax from the notice . . . . . . . . . . . . . . . . . . . . . . 1g 1h Employer share of social security tax. Add lines 1f and 1g . . . . . . . . . . . . . . . . . . . . 1h 1i Enter the amount from Form 8974, line 12, for this quarter . . . . . . . . . . . . . . . . . . . . . . . 1i 1j Enter the amount to be claimed on Form 5884-C, line 11, for this quarter . . . . . . . . . . . . . 1j 1j(i) Enter the amount to be claimed on Form 5884-D, line 12, for this quarter . . . . . . . . . . . . . 1j(i) 1k Total nonrefundable credits already used against the employer share of social security tax. Add lines 1i, 1j, and 1j(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1k 1l Employer share of social security tax remaining. Subtract line 1k from line 1h . . . . . . 1l Step 2. Figure the sick and family leave credit 2a Qualified sick leave wages reported on Form 941-SS, Part 1, line 5a(i), column 1 . . . . . . 2a 2a(i) Qualified sick leave wages included on Form 941-SS, Part 1, line 5c, but not included on Form 941-SS, Part 1, line 5a(i), column 1, because the wages reported on that line were limited by the social security wage base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a(i) 2a(ii) Total qualified sick leave wages. Add lines 2a and 2a(i) . . . . . . . . . . . . . . . . . . . . . . . . . 2a(ii) 2a(iii) Qualified sick leave wages excluded from the definition of employment under sections 3121(b)(1)–(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a(iii) 2b Qualified health plan expenses allocable to qualified sick leave wages (Form 941-SS, Part 3, line 19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2b 2c Employer share of Medicare tax on qualified sick leave wages. Multiply line 2a(ii) by 1.45% (0.0145) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2c 2d Credit for qualified sick leave wages. Add lines 2a(ii), 2a(iii), 2b, and 2c . . . . . . . . . . . 2d 2e Qualified family leave wages reported on Form 941-SS, Part 1, line 5a(ii), column 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e 2e(i) Qualified family leave wages included on Form 941-SS, Part 1, line 5c, but not included on Form 941-SS, Part 1, line 5a(ii), column 1, because the wages reported on that line were limited by the social security wage base . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e(i) 2e(ii) Total qualified family leave wages. Add lines 2e and 2e(i) . . . . . . . . . . . . . . . . . . . . . . . 2e(ii) 2e(iii) Qualified family leave wages excluded from the definition of employment under sections 3121(b)(1)–(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e(iii) 2f Qualified health plan expenses allocable to qualified family leave wages (Form 941-SS, Part 3, line 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2f 2g Employer share of Medicare tax on qualified family leave wages. Multiply line 2e(ii) by 1.45% (0.0145) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g 2h Credit for qualified family leave wages. Add lines 2e(ii), 2e(iii), 2f, and 2g . . . . . . . . . 2h 2i Credit for qualified sick and family leave wages. Add lines 2d and 2h . . . . . . . . . . . . 2i 2j Nonrefundable portion of credit for qualified sick and family leave wages for leave taken after March 31, 2020, and before April 1, 2021. Enter the smaller of line 1l or line 2i. Enter this amount on Form 941-SS, Part 1, line 11b . . . . . . . . . . . . . . . . . . . . . . . 2j 2k Refundable portion of credit for qualified sick and family leave wages for leave taken after March 31, 2020, and before April 1, 2021. Subtract line 2j from line 2i and enter this amount on Form 941-SS, Part 1, line 13c . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2k -22- Instructions for Form 941-SS (Rev. 3-2023) |
Page 23 of 23 Fileid: … s/i941ss/202303/a/xml/cycle05/source 9:00 - 25-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet 2. Credit for Qualified Sick and Family Leave Wages Paid This Quarter of 2023 for Leave Taken After March 31, 2021, and Before October 1, 2021 Keep for Your Records Determine how you will complete this worksheet. (If you’re a third-party payer, you must complete this worksheet for each client for which it is applicable, on a client-by-client basis.) If you paid qualified sick leave wages and/or qualified family leave wages this quarter of 2023 for leave taken after March 31, 2021, and before October 1, 2021, complete Step 1 and Step 2. Caution: Use Worksheet 1 to figure the credit for qualified sick and family leave wages paid this quarter of 2023 for leave taken after March 31, 2020, and before April 1, 2021. Step 1. Determine the employer share of Medicare tax this quarter after it is reduced by any credit claimed on Form 8974 1a Enter the amount of Medicare tax from Form 941-SS, Part 1, line 5c, column 2 . . . . . . . . 1a 1b Multiply line 1a by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1b 1c If you’re a third-party payer of sick pay that isn't an agent and you're claiming credits for amounts paid to your employees, enter the employer share of Medicare tax included on Form 941-SS, Part 1, line 8 (enter as a positive number) . . . . . . . . . . . . . . . . . . . . . . . . 1c 1d Subtract line 1c from line 1b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1d 1e If you received a Section 3121(q) Notice and Demand during the quarter, enter the amount of the employer share of Medicare tax from the notice . . . . . . . . . . . . . . . . . . . . . . . . . . 1e 1f Employer share of Medicare tax. Add lines 1d and 1e . . . . . . . . . . . . . . . . . . . . . . . . 1f 1g Enter the amount from Form 8974, line 16, for this quarter . . . . . . . . . . . . . . . . . . . . . . . 1g 1h Employer share of Medicare tax remaining. Subtract line 1g from line 1f . . . . . . . . . . 1h Step 2. Figure the sick and family leave credit 2a Qualified sick leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 23) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a 2a(i) Qualified sick leave wages included on Form 941-SS, Part 3, line 23, that were not included as wages reported on Form 941-SS, Part 1, lines 5a and 5c, because the qualified sick leave wages were excluded from the definition of employment under sections 3121(b)(1)–(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a(i) 2a(ii) Subtract line 2a(i) from line 2a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a(ii) 2a(iii) Qualified sick leave wages included on Form 941-SS, Part 3, line 23, that were not included as wages reported on Form 941-SS, Part 1, line 5a, because the qualified sick leave wages were limited by the social security wage base . . . . . . . . . . . . . . . . . . . . . . 2a(iii) 2a(iv) Subtract line 2a(iii) from line 2a(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a(iv) 2b Qualified health plan expenses allocable to qualified sick leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 24) . . . . . . . . . . 2b 2c Amounts under certain collectively bargained agreements allocable to qualified sick leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 25) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2c 2d Employer share of social security tax on qualified sick leave wages. Multiply line 2a(iv) by 6.2% (0.062) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2d 2e Employer share of Medicare tax on qualified sick leave wages. Multiply line 2a(ii) by 1.45% (0.0145) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e 2f Credit for qualified sick leave wages. Add lines 2a, 2b, 2c, 2d, and 2e . . . . . . . . . . . . 2f 2g Qualified family leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g 2g(i) Qualified family leave wages included on Form 941-SS, Part 3, line 26, that were not included as wages reported on Form 941-SS, Part 1, lines 5a and 5c, because the qualified family leave wages were excluded from the definition of employment under sections 3121(b)(1)–(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g(i) 2g(ii) Subtract line 2g(i) from line 2g . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g(ii) 2g(iii) Qualified family leave wages included on Form 941-SS, Part 3, line 26, that were not included as wages reported on Form 941-SS, Part 1, line 5a, because the qualified family leave wages were limited by the social security wage base . . . . . . . . . . . . . . . . . . . . . . 2g(iii) 2g(iv) Subtract line 2g(iii) from line 2g(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g(iv) 2h Qualified health plan expenses allocable to qualified family leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 27) . . . . . . 2h 2i Amounts under certain collectively bargained agreements allocable to qualified family leave wages for leave taken after March 31, 2021, and before October 1, 2021 (Form 941-SS, Part 3, line 28) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2i 2j Employer share of social security tax on qualified family leave wages. Multiply line 2g(iv) by 6.2% (0.062) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2j 2k Employer share of Medicare tax on qualified family leave wages. Multiply line 2g(ii) by 1.45% (0.0145) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2k 2l Credit for qualified family leave wages. Add lines 2g, 2h, 2i, 2j, and 2k . . . . . . . . . . . . 2l 2m Credit for qualified sick and family leave wages. Add lines 2f and 2l . . . . . . . . . . . . . 2m 2n Enter any credit claimed under section 41 for increasing research activities with respect to any wages taken into account for the credit for qualified sick and family leave wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2n 2o Credit for qualified sick and family leave wages after adjusting for other credits. Subtract line 2n from line 2m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2o 2p Nonrefundable portion of credit for qualified sick and family leave wages for leave taken after March 31, 2021, and before October 1, 2021. Enter the smaller of line 1h or line 2o. Enter this amount on Form 941-SS, Part 1, line 11d . . . . . . . . . . . . . . . . . . . . . . 2p 2q Refundable portion of credit for qualified sick and family leave wages for leave taken after March 31, 2021, and before October 1, 2021. Subtract line 2p from line 2o and enter this amount on Form 941-SS, Part 1, line 13e . . . . . . . . . . . . . . . . . . . . . . . . . 2q Instructions for Form 941-SS (Rev. 3-2023) -23- |