Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … tions/i944/2023/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 19 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 944 Employer's ANNUAL Federal Tax Return Section references are to the Internal Revenue Code The Medicare tax rate is 1.45% each for the employee unless otherwise noted. and employer, unchanged from 2022. There is no wage base limit for Medicare tax. Contents Page Future Developments . . . . . . . . . . . . . . . . . . . . . . . . 1 Social security and Medicare taxes apply to the wages What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 of household workers you pay $2,600 or more in cash wages in 2023. Social security and Medicare taxes apply Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 to election workers who are paid $2,200 or more in cash General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 4 or an equivalent form of compensation in 2023. Purpose of Form 944 . . . . . . . . . . . . . . . . . . . . . 4 Qualified small business payroll tax credit for in- Who Must File Form 944? . . . . . . . . . . . . . . . . . . 4 creasing research activities. For tax years beginning When Must You File? . . . . . . . . . . . . . . . . . . . . . 5 before January 1, 2023, a qualified small business may How Should You Complete Form 944? . . . . . . . . . 5 elect to claim up to $250,000 of its credit for increasing Where Should You File? . . . . . . . . . . . . . . . . . . . 6 research activities as a payroll tax credit. The Inflation Must You Deposit Your Taxes? . . . . . . . . . . . . . . . 7 Reduction Act of 2022 (the IRA) increases the election What About Penalties and Interest? . . . . . . . . . . . 8 amount to $500,000 for tax years beginning after December 31, 2022. The payroll tax credit election must Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 8 be made on or before the due date of the originally filed Part 1: Answer These Questions for This Year . . . . 8 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 Year . . . . . . . . . . . . . 16 calendar quarter beginning after the date that the qualified Part 3: Tell Us About Your Business . . . . . . . . . . 17 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? . . . . . . . . . . . . . . . . . . . . . . . . . . 18 against the employer’s payroll taxes are made on Form Part 5: Sign Here (Approved Roles) . . . . . . . . . . 18 6765, Credit for Increasing Research Activities. The How To Get Forms, Instructions, and Publications . . . 19 amount from Form 6765, line 44, must then be reported on Form 8974, Qualified Small Business Payroll Tax Credit Worksheet 1. Credit for Qualified Sick and Family for Increasing Research Activities. Leave Wages Paid in 2023 for Leave Taken After March 31, 2020, and Before April 1, Starting in the first quarter of 2023, the payroll tax credit 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 is first used to reduce the employer share of social Worksheet 2. Credit for Qualified Sick and Family security tax up to $250,000 per quarter and any remaining Leave Wages Paid in 2023 for Leave Taken credit reduces the employer share of Medicare tax for the After March 31, 2021, and Before October 1, quarter. Any remaining credit, after reducing the employer 2021 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 share of social security tax and the employer share of 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 year. The amount from For the latest information about developments related to Form 8974, line 12 or, if applicable, line 17, is reported on Form 944 and its instructions, such as legislation enacted line 8a. For more information about the payroll tax credit, after they were published, go to IRS.gov/Form944. see the Instructions for Form 8974 and go to IRS.gov/ ResearchPayrollTC. Also see Adjusting tax liability for nonrefundable credits claimed on lines 8a, 8b, and 8d, What's New later. Social security and Medicare tax for 2023. The rate of Credit for COBRA premium assistance payments. social security tax on taxable wages, including qualified The COBRA premium assistance credit lines have been sick leave wages and qualified family leave wages paid in “Reserved for future use” on Form 944 because the first 2023 for leave taken after March 31, 2021, and before quarter of 2022 was the last quarter in which most October 1, 2021, is 6.2% each for the employer and employers may have been eligible to claim the COBRA employee or 12.4% for both. Qualified sick leave wages premium assistance credit. Section 9501 of the American and qualified family leave wages paid in 2023 for leave Rescue Plan Act of 2021 (the ARP) provided for COBRA taken after March 31, 2020, and before April 1, 2021, premium assistance in the form of a full reduction in the aren't subject to the employer share of social security tax; premium otherwise payable by certain individuals and therefore, the tax rate on these wages is 6.2%. The social their families who elected COBRA continuation coverage security wage base limit is $160,200. due to a loss of coverage as the result of a reduction in hours or an involuntary termination of employment Nov 14, 2023 Cat. No. 39820A |
Enlarge image | Page 2 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. (assistance eligible individuals). This COBRA premium 2020, and before October 1, 2021, are eligible to claim a assistance was available for periods of coverage credit on Form 944 filed for 2023. For more information, beginning on or after April 1, 2021, through periods of see the instructions for line 8b line 8d line 10d, , , and coverage beginning on or before September 30, 2021. A line 10f, later. premium payee was entitled to the COBRA premium Use Worksheet 1 to figure the credit for leave taken assistance credit at the time an eligible individual elected after March 31, 2020, and before April 1, 2021. Use coverage. Therefore, due to the COBRA notice and Worksheet 2 to figure the credit for leave taken after election period requirements (generally, employers had 60 March 31, 2021, and before October 1, 2021. For more days to provide notice and assistance eligible individuals information about the credit for qualified sick and family had 60 days to elect coverage), the first quarter of 2022 leave wages, go to IRS.gov/PLC. was the last quarter in which most employers may have been eligible to claim the COBRA premium assistance Advance payment of COVID-19 credits ended. credit. Although you may pay qualified sick and family leave wages in 2023 for leave taken after March 31, 2020, and Forms 941-SS and 941-PR discontinued after 2023. before October 1, 2021, you may no longer request an Form 941-SS, Employer's QUARTERLY Federal Tax advance payment of any credit on Form 7200, Advance Return—American Samoa, Guam, the Commonwealth of Payment of Employer Credits Due to COVID-19. the Northern Mariana Islands, and the U.S. Virgin Islands; and Form 941-PR, Planilla para la Declaración Federal Payroll tax credit for certain tax-exempt organiza- TRIMESTRAL del Patrono, will no longer be available after tions affected by qualified disasters. Section 303(d) of the fourth quarter of 2023. Instead, employers in the U.S. the Taxpayer Certainty and Disaster Tax Relief Act of 2020 territories who weren't notified to file Form 944 will file allows for a payroll tax credit for certain tax-exempt Form 941, or, if you prefer your form and instructions in organizations affected by certain qualified disasters not Spanish, you can file new Form 941 (sp). related to COVID-19. This credit is claimed on Form 5884-D (not on Form 944). Form 5884-D is filed after the Pubs. 51, 80, and 179 discontinued after 2023. Pub. Form 944 for the year for which the credit is being claimed 51, Agricultural Employer's Tax Guide; Pub. 80, Federal has been filed. If you will claim this credit on Form 5884-D Tax Guide for Employers in the U.S. Virgin Islands, Guam, for 2023 and you're also claiming a credit for qualified sick American Samoa, and the Commonwealth of the Northern and family leave wages for leave taken after March 31, Mariana Islands; and Pub. 179, Guía Contributiva Federal 2020, and before April 1, 2021, you must include any para Patronos Puertorriqueños, will no longer be available credit that will be claimed on Form 5884-D on Worksheet after 2023. Instead, information specific to agricultural 1. For more information about this credit, go to IRS.gov/ employers and employers in the U.S. territories will be Form5884D. included in Pub. 15, beginning with the Pub. 15 for use in 2024. Beginning in 2024, there will be a new Pub. 15 (sp) Work opportunity tax credit for qualified tax-exempt that is a Spanish-language version of Pub. 15. References organizations hiring qualified veterans. Qualified to Pubs. 51, 80, and 179 were retained throughout these tax-exempt organizations that hire eligible unemployed instructions because these instructions are for tax year veterans may be able to claim the work opportunity tax 2023. If you need information specific to tax year 2024, credit against their payroll tax liability using Form 5884-C. you will use Pub. 15 or Pub. 15 (sp) in 2024. For more information, go to IRS.gov/WOTC. Employers can request to file quarterly Forms 941 in- Reminders stead of Form 944. Employers required to file Form 944, Unless otherwise noted, references throughout who want to file quarterly Forms 941 instead, must contact TIP these instructions to Form W-2 include Forms the IRS to request to file quarterly Forms 941 and opt out W-2AS, W-2CM, W-2GU, W-2VI, and 499R-2/ of filing Form 944. See Requesting To File Quarterly W-2PR; references to Form W-2c include Form Forms 941 Instead of Form 944, later. 499R-2c/W-2cPR; references to Form W-3 include Forms Correcting a previously filed Form 944. If you discover W-3SS and W-3PR; and references to Form W-3c include an error on a previously filed Form 944, make the Form W-3C (PR). correction using Form 944-X. Form 944-X is filed separately from Form 944. For more information, see the The COVID-19 related credit for qualified sick and Instructions for Form 944-X, section 13 of Pub. 15, or go to family leave wages is limited to leave taken after IRS.gov/CorrectingEmploymentTaxes. March 31, 2020, and before October 1, 2021. Generally, the credit for qualified sick and family leave Federal tax deposits must be made by electronic wages, as enacted under the Families First Coronavirus funds transfer (EFT). You must use EFT to make all Response Act (FFCRA) and amended and extended by federal tax deposits. Generally, an EFT is made using the the COVID-related Tax Relief Act of 2020, for leave taken Electronic Federal Tax Payment System (EFTPS). If you after March 31, 2020, and before April 1, 2021, and the don't want to use EFTPS, you can arrange for your tax credit for qualified sick and family leave wages under professional, financial institution, payroll service, or other sections 3131, 3132, and 3133 of the Internal Revenue trusted third party to make electronic deposits on your Code, as enacted under the ARP, for leave taken after behalf. Also, you may arrange for your financial institution March 31, 2021, and before October 1, 2021, have to initiate a same-day wire payment on your behalf. expired. However, employers that pay qualified sick and EFTPS is a free service provided by the Department of the family leave wages in 2023 for leave taken after March 31, Treasury. Services provided by your tax professional, -2- Instructions for Form 944 (2023) |
Enlarge image | Page 3 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. financial institution, payroll service, or other third party If you’re filing your tax return or paying your federal may have a fee. ! taxes electronically, a valid employer identification For more information on making federal tax deposits, CAUTION number (EIN) is required at the time the return is see section 11 of Pub. 15, section 8 of Pub. 80, or section filed or the payment is made. If a valid EIN isn't provided, 11 of Pub. 179. To get more information about EFTPS or the return or payment won't be processed. This may result to enroll in EFTPS, go to EFTPS.gov or call one of the in penalties. See Employer identification number (EIN), following numbers. later, for information about applying for an EIN. • 800-555-4477 Electronic funds withdrawal (EFW). If you file Form • 800-244-4829 (Spanish) 944 electronically, you can e-file and use EFW to pay the • 303-967-5916 if you're outside the United States (toll balance due in a single step using tax preparation call) software or through a tax professional. However, don't use To contact EFTPS using Telecommunications Relay EFW to make federal tax deposits. For more information Services (TRS) for people who are deaf, hard of hearing, on paying your taxes using EFW, go to IRS.gov/EFW. or have a speech disability, dial 711 and then provide the TRS assistant with the 800-555-4477 number above or Credit or debit card payments. You can pay the 800-733-4829. balance due shown on Form 944 by credit or debit card. Your payment will be processed by a payment processor Additional information about EFTPS is also available in who will charge a processing fee. Don't use a credit or Pub. 966 or Pub. 966 (SP). debit card to make federal tax deposits. For more For an EFTPS deposit to be on time, you must information on paying your taxes with a credit or debit ! submit the deposit by 8 p.m. Eastern time the day card, go to IRS.gov/PayByCard. CAUTION before the date the deposit is due. Online payment agreement. You may be eligible to Same-day wire payment option. If you fail to submit a apply for an installment agreement online if you can’t pay deposit transaction on EFTPS by 8 p.m. Eastern time the the full amount of tax you owe when you file your return. day before the date a deposit is due, you can still make For more information, see What if you can't pay in full, your deposit on time by using the Federal Tax Collection later. Service (FTCS) to make a same-day wire payment. To use Paid preparers. If you use a paid preparer to complete the same-day wire payment method, you will need to Form 944, the paid preparer must complete and sign the make arrangements with your financial institution ahead of paid preparer's section of the form. time. Please check with your financial institution regarding availability, deadlines, and costs. Your financial institution Outsourcing payroll duties. You’re responsible to may charge you a fee for payments made this way. To ensure that tax returns are filed and deposits and learn more about the information you will need to give your payments are made, even if you contract with a third party financial institution to make a same-day wire payment, go to perform these acts. You remain responsible if the third to IRS.gov/SameDayWire. party fails to perform any required action. Before you Timeliness of federal tax deposits. If a deposit is choose to outsource any of your payroll and related tax required to be made on a day that isn't a business day, the duties (that is, withholding, reporting, and paying over deposit is considered timely if it is made by the close of social security, Medicare, FUTA, and income taxes) to a the next business day. A business day is any day other third-party payer, such as a payroll service provider or than a Saturday, Sunday, or legal holiday. The term “legal reporting agent, go to IRS.gov/OutsourcingPayrollDuties holiday” for deposit purposes includes only those legal for helpful information on this topic. For more information holidays in the District of Columbia. Legal holidays in the on the different types of third-party payer arrangements, District of Columbia are provided in Pub. 15, Pub. 80, and see section 16 of Pub. 15. Pub. 179. Where can you get telephone help? For answers to Electronic filing and payment. Businesses can enjoy your questions about completing Form 944 or tax deposit the benefits of filing tax returns and paying their federal rules, call the IRS at one of the numbers listed below. taxes electronically. Whether you rely on a tax • 800-829-4933 (Business and Specialty Tax Line) or professional or handle your own taxes, the IRS offers you 800-829-4059 (TDD/TTY for persons who are deaf, hard convenient and secure programs to make filing and paying of hearing, or have a speech disability), Monday–Friday easier. Spend less time worrying about taxes and more from 7:00 a.m. to 7:00 p.m. local time (Alaska and Hawaii time running your business. Use e-file and EFTPS to your follow Pacific time; employers in Puerto Rico receive benefit. service from 8:00 a.m. to 8:00 p.m. local time). • For e-file, go to IRS.gov/EmploymentEfile for more • 267-941-1000 if you're outside the United States (toll information. A fee may be charged to file electronically. call), Monday–Friday from 6:00 a.m. to 11:00 p.m. Eastern • For EFTPS, go to EFTPS.gov or call EFTPS at one of time. the numbers provided under Federal tax deposits must be Photographs of missing children. The IRS is a proud made by electronic funds transfer (EFT), earlier. partner with the National Center for Missing & Exploited • For electronic filing of Forms W-2, Wage and Tax Children® (NCMEC). Photographs of missing children Statement, go to SSA.gov/employer. You may be required selected by the Center may appear in instructions on to file Forms W-2 electronically. For details, see the pages that would otherwise be blank. You can help bring General Instructions for Forms W-2 and W-3. these children home by looking at the photographs and Instructions for Form 944 (2023) -3- |
Enlarge image | Page 4 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. calling 1-800-THE-LOST (1-800-843-5678) if you Exceptions recognize a child. Special rules apply to some employers. The following employers can’t file Form 944. General Instructions • Household employers. If you employ only household employees, don't file Form 944. For more information, see Purpose of Form 944 Pub. 926 and Schedule H (Form 1040), or Pub. 179 and Form 944 is designed so the smallest employers (those Anexo H (Formulario 1040). whose annual liability for social security, Medicare, and • Agricultural employers. If you employ only agricultural withheld federal income taxes is $1,000 or less) will file employees, don't file Form 944. For more information, see and pay these taxes only once a year instead of every Pub. 51 and Form 943, or Pub. 179 and Form 943 (sp). quarter. These instructions give you some background • Employers who are notified by the IRS to file information about Form 944. They tell you who must file quarterly Forms 941. This includes if you requested and Form 944, how to complete it line by line, and when and received written confirmation from the IRS that your filing where to file it. requirement was changed from Form 944 to Form 941. If you want more in-depth information about payroll tax • Employers who aren’t notified to file Form 944. If topics relating to Form 944, see Pub. 15, Pub. 80, or Pub. the IRS doesn't notify you to file Form 944, don't file Form 179, and go to IRS.gov/EmploymentTaxes. 944. If you would like to file Form 944 instead of quarterly Forms 941, see Requesting To File Form 944 in 2024 Federal law requires you, as an employer, to withhold Instead of Quarterly Forms 941, later. certain taxes from your employees' pay. Each time you pay wages, you must withhold—or take out of your If the IRS notified you in writing to file Form 944, employees' pay—certain amounts for federal income tax, ! you must file Form 944 (and not quarterly Forms social security tax, and Medicare tax. You must also CAUTION 941) even if your tax liability for 2023 exceeds withhold Additional Medicare Tax from wages you pay to $1,000. Once your annual tax liability exceeds $1,000, the an employee in excess of $200,000 in a calendar year. IRS will notify you that you're no longer eligible to file Form Under the withholding system, taxes withheld from your 944 in future years and that you must file Form 941 employees are credited to your employees in payment of quarterly. However, until you receive the notice, continue their tax liabilities. to file Form 944 annually. If you’re unsure of your current filing requirement, call 800-829-4933. If you're outside the References to federal income tax withholding United States, call 267-941-1000 (toll call). ! don't apply to employers in American Samoa, CAUTION Guam, the Commonwealth of the Northern Requesting To File Form 944 in 2024 Instead of Mariana Islands (CNMI), the U.S. Virgin Islands (USVI), and Puerto Rico, unless you have employees who are Quarterly Forms 941 subject to U.S. income tax withholding. If you haven't received notification to file Form 944 for 2024 but estimate your employment tax liability for Federal law also requires you to pay any liability for the calendar year 2024 will be $1,000 or less and would like to employer share of social security tax and Medicare tax. file Form 944 instead of Forms 941, you can contact the This share of social security tax and Medicare tax isn't IRS to request to file Form 944 for 2024. Based on current withheld from employees. tax rates, if you pay $5,000 or less in wages subject to social security and Medicare taxes and federal income tax For more information about annual employment tax withholding during the calendar year, you're generally filing and tax deposit rules, see Treasury Decision 9566, likely to pay $1,000 or less in employment taxes. To file 2012-8 I.R.B. 389, at IRS.gov/irb/2012-08_IRB#TD-9566. Form 944 for calendar year 2024, you must call the IRS at 800-829-4933 (267-941-1000 (toll call) if you're outside Who Must File Form 944? the United States) between January 1, 2024, and April 1, In general, if the IRS has notified you to file Form 944, you 2024, or send a written request postmarked between must file Form 944 instead of quarterly Forms 941 to January 1, 2024, and March 15, 2024. report the following amounts. The mailing addresses for written requests are • Wages you have paid. provided under Requesting To File Quarterly Forms 941 • Tips your employees reported to you. Instead of Form 944, later. The IRS will send you a written • Federal income tax you withheld. notice that your filing requirement has been changed to • Both the employer and the employee share of social Form 944. If you don't receive this notice, you must file security and Medicare taxes. quarterly Forms 941 for calendar year 2024. • Additional Medicare Tax withheld from employees. • Current year's adjustments to social security and Requesting To File Quarterly Forms 941 Instead Medicare taxes for fractions of cents, sick pay, tips, and of Form 944 group-term life insurance. You must file Form 944 if the IRS has notified you to do so, • Qualified small business payroll tax credit for increasing unless the IRS notifies you to file quarterly Forms 941 research activities. instead, or you contact the IRS to request to file those • Credit for qualified sick and family leave wages paid in forms. To request to file quarterly Forms 941 to report your 2023 for leave taken after March 31, 2020, and before social security, Medicare, and withheld federal income October 1, 2021. taxes for the 2024 calendar year, call the IRS at -4- Instructions for Form 944 (2023) |
Enlarge image | Page 5 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 800-829-4933 (267-941-1000 (toll call) if you're outside showing the name of the person keeping the payroll the United States) between January 1, 2024, and April 1, records and the address where those records will be kept. 2024, or send a written request postmarked between January 1, 2024, and March 15, 2024. If you participated in a statutory merger or consolidation, or qualify for predecessor-successor status Where to send written requests. Written requests due to an acquisition, you should generally file should be sent to: Schedule D (Form 941), Report of Discrepancies Caused by Acquisitions, Statutory Mergers, or Consolidations. See Department of the Treasury Department of the Treasury the Instructions for Schedule D (Form 941) to determine Internal Revenue Service or Internal Revenue Service whether you should file Schedule D (Form 941) and when Ogden, UT 84201-0038 Cincinnati, OH 45999-0038 you should file it. When Must You File? If you would mail your return filed without a payment to For 2023, file Form 944 by January 31, 2024. However, if Ogden, as shown under Where Should You File, later, you made deposits on time in full payment of the taxes send your request to the Ogden address shown above. If due for the year, you may file the return by February 12, you would mail your return filed without a payment to 2024. Kansas City, send your request to the address for Cincinnati shown above. After you contact the IRS, the File Form 944 only once for each calendar year. If you IRS will send you a written notice that your filing filed Form 944 electronically, don't file a paper Form 944. requirement has been changed. If you don't receive this For more information about filing Form 944 electronically, notice, you must file Form 944 for calendar year 2024. For see Electronic filing and payment, earlier. more information about these procedures, see Rev. Proc. 2009-51, 2009-45 I.R.B. 625, available at IRS.gov/irb/ If we receive Form 944 after the due date, we will treat 2009-45_IRB#RP-2009-51. Form 944 as filed on time if the envelope containing Form 944 is properly addressed, contains sufficient postage, What if You Reorganized or Closed Your and is postmarked by the U.S. Postal Service on or before Business? the due date, or sent by an IRS-designated private delivery service (PDS) on or before the due date. If you If You Sold or Transferred Your Business... don't follow these guidelines, we will generally consider Form 944 filed when it is actually received. For more If you sold or transferred your business in 2023, you and information about PDSs, see Where Should You File, later. the new owner must each file a Form 944, 941, 941-SS, or 941-PR, whichever is required, for the year in which the How Should You Complete Form 944? transfer occurred. Report only the wages you paid. Enter your EIN, name, and address in the spaces When two businesses merge, the continuing firm must provided. Also enter your name and EIN at the top of file a return for the year in which the change took place pages 2 and 3. Don't use your social security number and the other firm should file a final return. (SSN) or individual taxpayer identification number (ITIN). Generally, enter the business (legal) name that you used Changing from one form of business to another—such when you applied for your EIN. For example, if you’re a as from a sole proprietorship to a partnership or sole proprietor, enter “Tyler Smith” on the Name line and corporation—is considered a transfer. If a transfer occurs, “Tyler's Cycles” on the Trade name line. Leave the Trade you may need a new EIN. See Pub. 1635 and section 1 of name line blank if it is the same as your Name line. Pub. 15 for more information. If you use a tax preparer to complete Form 944, make Attach a statement to your return with all the following sure the preparer uses your correct business name and information. EIN. • The new owner's name (or the new name of the Employer identification number (EIN). To make sure business). that businesses comply with federal tax laws, the IRS • Whether the business is now a sole proprietorship, monitors tax filings and payments by using a numerical partnership, or corporation. system to identify taxpayers. A unique nine-digit EIN is • The kind of change that occurred (a sale or transfer). assigned to all corporations, partnerships, and some sole • The date of the change. proprietors. Businesses needing an EIN must apply for a • The name of the person keeping the payroll records and number and use it throughout the life of the business on all the address where those records will be kept. tax returns, payments, and reports. Your business should have only one EIN. If you have If Your Business Has Closed... more than one and aren't sure which one to use, write to the IRS office where you file your returns (using the If you permanently go out of business or stop paying Without a payment address under Where Should You File, wages to your employees, you must file a final return. To later) or call the IRS at 800-829-4933. If you're outside the tell the IRS that Form 944 for a particular year is your final United States, call 267-941-1000 (toll call). return, check the box on line 14 and enter the final date If you don't have an EIN, you may apply for one online you paid wages. Also attach a statement to your return by going to IRS.gov/EIN. You may also apply for an EIN by Instructions for Form 944 (2023) -5- |
Enlarge image | Page 6 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. faxing or mailing Form SS-4 or SS-4 (sp) to the IRS. If the Required Notice to Employees About the Earned principal business was created or organized outside of the Income Credit (EIC) United States or U.S. territories, you may also apply for an To notify employees about the EIC, employers in the EIN by calling 267-941-1099 (toll call). If you have applied United States must give the employees one of the for an EIN but don't have your EIN by the time a return is following items. due, file a paper return and write “Applied For” and the date you applied in the space shown for the number. • Form W-2 which has the required information about the EIC on the back of Copy B. If you’re filing your tax return electronically, a valid • A substitute Form W-2 with the same EIC information ! EIN is required at the time the return is filed. If a on the back of the employee's copy that is on the back of CAUTION valid EIN isn't provided, the return won't be Copy B of the IRS Form W-2. accepted. This may result in penalties. • Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC). Always be sure the EIN on the form you file exactly • Your written statement with the same wording as TIP matches the EIN the IRS assigned to your Notice 797. business. Don't use your SSN or ITIN on forms that ask for an EIN. If you used an EIN (including a prior For more information, see section 10 of Pub. 15, Pub. owner's EIN) on Form 944 that is different from the EIN 596, and IRS.gov/EIC. reported on Form W-3, see Box h—Other EIN used this Reconciling Form 944 With Form W-3 year in the General Instructions for Forms W-2 and W-3. On Form W-3PR, “Other EIN used this year” is reported in The IRS matches amounts reported on your Form 944 box f. Filing a Form 944 with an incorrect EIN or using with Form W-2 amounts totaled on your Form W-3. If the another business's EIN may result in penalties and delays amounts don't agree, you may be contacted by the IRS or in processing your return. the Social Security Administration (SSA). The following amounts are reconciled. If you change your business name, business ad- Federal income tax withholding, if applicable. • dress, or responsible party. Notify the IRS immediately Social security wages. • if you change your business name, business address, or Social security tips. • responsible party. Medicare wages and tips. • • Write to the IRS office where you file your returns (using the Without a payment address under Where Should You For more information, see section 12 of Pub. 15. File, later) to notify the IRS of any business name change. See Pub. 1635 to see if you need to apply for a new EIN. Where Should You File? • Complete and mail Form 8822-B to notify the IRS of a You’re encouraged to file Form 944 electronically. Go to business address or responsible party change. Don't mail IRS.gov/EmploymentEfile for more information on Form 8822-B with your Form 944. For a definition of electronic filing. If you file a paper return, where you file "responsible party," see the Instructions for Form SS-4. depends on whether you include a payment with Form 944. Mail your return to the address listed for your location Completing and Filing Form 944 in the table that follows. Make entries on Form 944 as follows to enable accurate processing. PDSs can't deliver to P.O. boxes. You must use the U.S. Postal Service to mail an item to a P.O. box address. Go to • Use 12-point Courier font (if possible) for all entries if IRS.gov/PDS for the current list of PDSs. For the IRS you’re typing or using a computer to complete Form 944. mailing address to use if you’re using a PDS, go to Portable Document Format (PDF) forms on IRS.gov have IRS.gov/PDSstreetAddresses. Select the mailing address fillable fields with acceptable font specifications. listed on the webpage that is in the same state as the • Don't enter dollar signs and decimal points. Commas address to which you would mail returns filed without a are optional. Report dollars to the left of the preprinted payment, as shown next. decimal point and cents to the right of it. Don’t round Without a entries to whole dollars. Always show an amount for cents, If you’re in . . . payment . . . With a payment . . . even if it is zero. Connecticut New Jersey Department of the Internal Revenue • Leave blank any data field with a value of zero (except Delaware New York Treasury Service line 9). District of North Carolina Internal Revenue P.O. Box 806532 Columbia Ohio Service Cincinnati, OH • Enter negative amounts using a minus sign (if possible). Georgia Pennsylvania Kansas City, MO 45280-6532 Otherwise, use parentheses. Illinois Rhode Island 64999-0044 • Enter your name and EIN on all pages. Indiana South Carolina • Enter your name, your EIN, “Form 944,” and the tax Kentucky Tennessee Maine Vermont period on all attachments. Maryland Virginia • Staple multiple sheets in the upper left corner when Massachusetts West Virginia filing. Michigan Wisconsin New Hampshire Complete all three pages. You must complete all three pages of Form 944 and sign on page 3. Failure to do so may delay processing of your return. -6- Instructions for Form 944 (2023) |
Enlarge image | Page 7 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Without a Federal Tax Deposit Requirements for Form 944 If you’re in . . . payment . . . With a payment . . . Filers Alabama Missouri Department of the Internal Revenue Alaska Montana Treasury Service Arizona Nebraska Internal Revenue P.O. Box 932100 If your tax liability is: Your deposit requirement is: Arkansas Nevada Service Louisville, KY Less than $2,500 for the year No deposit required. You may pay California New Mexico Ogden, UT 40293-2100 the tax with your return. If you’re Colorado North Dakota 84201-0044 Florida Oklahoma unsure that your tax liability for the Hawaii Oregon year will be less than $2,500, Idaho South Dakota deposit under the rules below. Iowa Texas $2,500 or more for the year, but You can deposit by the last day of Kansas Utah less than $2,500 for the quarter the month after the end of a Louisiana Washington Minnesota Wyoming quarter. However, if your fourth Mississippi quarter tax liability is less than $2,500, you may pay the fourth No legal residence or principal Internal Revenue Internal Revenue quarter's tax liability with Form place of business in any state Service Service 944. P.O. Box 409101 P.O. Box 932100 Ogden, UT 84409 Louisville, KY $2,500 or more for the quarter You must deposit monthly or 40293-2100 semiweekly depending on your Special filing address for Department of the Internal Revenue deposit schedule. But, if you exempt organizations; federal, Treasury Service accumulate $100,000 or more of state, and local governmental Internal Revenue P.O. Box 932100 taxes on any day, you must entities; and Indian tribal Service Louisville, KY deposit the tax by the next governmental entities, Ogden, UT 40293-2100 business day. See section 11 of regardless of location 84201-0044 Pub. 15, section 8 of Pub. 80, or section 11 of Pub. 179. Your filing address may have changed from that See section 11 of Pub. 15, section 8 of Pub. 80, or section 11 of Pub. 179 for information about payments ! used to file your employment tax return in prior CAUTION years. Don't send Form 944 or any payments to made under the accuracy of deposits rule. the SSA. Note. When you make deposits depends on your deposit schedule, which is either monthly or semiweekly, Must You Deposit Your Taxes? depending on the amount of your tax liability during the If your total taxes after adjustments and nonrefundable lookback period. The lookback period for Form 944 filers credits (Form 944, line 9) is less than $2,500 for the year, is different from the lookback period for Form 941, you can pay the taxes with your return. To avoid a penalty, 941-SS, and 941-PR filers, so your deposit schedule may you should pay in full and file on time. You don't have to have changed. For more information, see section 11 of deposit the taxes. However, you may choose to make Pub. 15, section 8 of Pub. 80, or section 11 of Pub. 179. If deposits of these taxes even if your liability is less than you're a monthly schedule depositor and accumulate a $2,500. If your liability for these taxes is $2,500 or more, $100,000 tax liability on any day during the deposit period, you’re generally required to deposit the taxes instead of you become a semiweekly schedule depositor on the next paying them when you file Form 944. See the Federal Tax day and remain so for at least the rest of the calendar year Deposit Requirements for Form 944 Filers chart, later. If and for the following calendar year. The $100,000 tax you don't deposit the taxes when required, you may be liability threshold requiring a next-day deposit is subject to penalties and interest. determined before you consider any reduction of your liability for nonrefundable credits. For more information, The $2,500 threshold at which federal tax deposits including an example, see frequently asked question 17 at must be made is different from the amount of annual tax IRS.gov/ETD. liability ($1,000 or less) that makes an employer eligible to file Form 944. Form 944 filers whose businesses grow Reducing your deposits for the credit for qualified during the year may be required to make federal tax sick and family leave wages. Employers eligible to deposits (see chart next), but they will still file Form 944 claim the credit for qualified sick and family leave wages for the year. paid in 2023 for leave taken after March 31, 2020, and before October 1, 2021, can reduce their deposits by the amount of their anticipated credit. Employers won’t be subject to a failure-to-deposit (FTD) penalty for reducing their deposits if certain conditions are met. See the instructions for line 8b and line 8d, later, for more information on these credits. For more information on reducing deposits, see Notice 2020-22, 2020-17 I.R.B. 664, available at IRS.gov/irb/2020-17_IRB#NOT-2020-22; and Notice 2021-24, 2021-18 I.R.B. 1122, available at IRS.gov/irb/2021-18_IRB#NOT-2021-24. See the instructions for line 13, later, for instructions on how to Instructions for Form 944 (2023) -7- |
Enlarge image | Page 8 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. adjust your tax liabilities reported on line 13 or Form 945-A 1. Wages, Tips, and Other Compensation for nonrefundable credits. Enter amounts on line 1 that would also be included in box 1 of your employees' Forms W-2. See Box 1—Wages, What About Penalties and Interest? tips, other compensation in the General Instructions for Avoiding Penalties and Interest Forms W-2 and W-3 for details. Include sick pay paid by your agent. Also include sick pay paid by a third party that You can avoid paying penalties and interest if you do all of isn't your agent (for example, an insurance company) if the following. you were given timely notice of the payments and the third • Deposit or pay your taxes when they are due, unless party transferred liability for the employer's taxes to you. you meet the requirements discussed in Notice 2020-22 If you're a third-party payer of sick pay and not an agent and Notice 2021-24. of the employer, don't include sick pay that you paid to • File your fully completed Form 944 on time. policyholders' employees here if you gave the • Report your tax liability accurately. policyholders timely notice of the payments. See section 6 • Submit valid checks for tax payments. of Pub. 15-A, Employer's Supplemental Tax Guide, for • Give accurate Forms W-2 to employees. more information about sick pay reporting and the • File Form W-3 and Copies A of Forms W-2 with the procedures for transferring the liability to the employer. SSA on time and accurately. Go to SSA.gov/employer for information on how to file Forms W-2 electronically. 2. Federal Income Tax Withheld From Wages, Penalties and interest are charged on taxes paid late Tips, and Other Compensation and returns filed late at a rate set by law. See sections 11 Enter the federal income tax that you withheld (or were and 12 of Pub. 15, section 8 of Pub. 80, or section 11 of required to withhold) from your employees on this year's Pub. 179 for details. Use Form 843 to request abatement wages, including qualified sick leave wages paid in 2023 of assessed penalties or interest. Don't request abatement for leave taken after March 31, 2020, and before October of assessed penalties or interest on any other form. 1, 2021, and qualified family leave wages paid in 2023 for leave taken after March 31, 2020, and before October 1, If you receive a notice about a penalty after you file your 2021; tips; taxable fringe benefits; and supplemental return, reply to the notice with an explanation and we will unemployment compensation benefits. Don't include any determine if you meet reasonable-cause criteria. Don't income tax withheld by a third-party payer of sick pay even include an explanation when you file your return. if you reported it on Forms W-2. You will reconcile this If federal income, social security, and Medicare difference on Form W-3. For information on the employment tax treatment of fringe benefits, see Pub. ! taxes that must be withheld (that is, trust fund 15-B, Employer's Tax Guide to Fringe Benefits. For CAUTION taxes) aren't withheld or aren't deposited or paid to the United States Treasury, the trust fund recovery information about supplemental unemployment penalty may apply. The penalty is 100% of the unpaid trust compensation benefits, see section 5 of Pub. 15-A. fund tax. If these unpaid taxes can't be immediately If you're a third-party payer of sick pay, enter the federal collected from the employer or business, the trust fund income tax you withheld (or were required to withhold) on recovery penalty may be imposed on all persons who are third-party sick pay here. determined by the IRS to be responsible for collecting, accounting for, or paying over these taxes, and who acted References to federal income tax withholding willfully in not doing so. For more information, see section ! don't apply to employers in American Samoa, 11 of Pub. 15, section 8 of Pub. 80, or section 11 of Pub. CAUTION Guam, the CNMI, the USVI, and Puerto Rico, 179. The trust fund recovery penalty won't apply to any unless you have employees who are subject to U.S. amount of trust fund taxes an employer holds back in income tax withholding. anticipation of any credits they are entitled to. 3. If No Wages, Tips, and Other Compensation Are Subject to Social Security or Medicare Specific Instructions Tax . . . If no wages, tips, and other compensation on line 1 are Part 1: Answer These Questions for subject to social security or Medicare tax, check the box This Year on line 3 and go to line 5. If this question doesn't apply to you, leave the box blank. For more information about Employers in American Samoa, Guam, the CNMI, exempt wages, see section 15 of Pub. 15, section 12 of TIP the USVI, and Puerto Rico may skip lines 1 and 2, Pub. 80, or section 15 of Pub. 179. For religious unless you have employees who are subject to exemptions, see section 4 of Pub. 15-A. For information U.S. income tax withholding. on the employment tax treatment of fringe benefits, see Pub. 15-B. For purposes of these instructions, all references TIP to "sick pay" mean ordinary sick pay, not "qualified sick leave wages" that are reported on line 4a(i) for leave taken after March 31, 2020, and before April 1, 2021, or reported on line 4a for leave taken after March 31, 2021, and before October 1, 2021. -8- Instructions for Form 944 (2023) |
Enlarge image | Page 9 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4a–4e. Taxable Social Security and Medicare 2023 for leave taken after March 31, 2021, and before Wages and Tips October 1, 2021. Qualified sick leave wages and qualified family line 4a (column 1) x 0.124 ! leave wages paid in 2023 for leave taken after CAUTION March 31, 2020, and before April 1, 2021, are line 4a (column 2) reported on lines 4a(i) and 4a(ii), respectively. Qualified sick leave wages and qualified family leave wages paid in 2023 for leave taken after March 31, 2021, and before EPSLA. Employers with fewer than 500 employees October 1, 2021, are reported on line 4a. and, for leave taken after March 31, 2021, and before October 1, 2021, certain governmental employers without 4a. Taxable social security wages. Enter the total regard to number of employees (except for the federal wages, including qualified sick leave wages and qualified government and its agencies and instrumentalities unless family leave wages paid in 2023 for leave taken after described in section 501(c)(1)) are entitled to a credit if March 31, 2021, and before October 1, 2021; sick pay; they provide paid sick leave to employees that otherwise and taxable fringe benefits subject to social security taxes meets the requirements of the EPSLA. Under the EPSLA, that you paid to your employees during the year. Don't as amended for purposes of the ARP, wages are qualified include the qualified sick leave wages paid in 2023 sick leave wages if paid to employees that are unable to reported on line 4a(i) or qualified family leave wages paid work or telework before October 1, 2021, because the in 2023 reported on line 4a(ii) for leave taken after March employee: 31, 2020, and before April 1, 2021. For this purpose, sick 1. Is subject to a federal, state, or local quarantine or pay includes payments made by an insurance company to isolation order related to COVID-19; your employees for which you received timely notice from the insurance company. See section 6 of Pub. 15-A for 2. Has been advised by a health care provider to more information about sick pay reporting. See the self-quarantine due to concerns related to COVID-19; instructions for line 6 for an adjustment that you may need 3. Is experiencing symptoms of COVID-19 and to make on Form 944 for sick pay. seeking a medical diagnosis; or, for leave taken after Enter the amount before payroll deductions. Don't March 31, 2021, and before October 1, 2021, is seeking include tips on this line. For information on types of wages or awaiting the results of a diagnostic test for, or a medical subject to social security taxes, see section 5 of Pub. 15, diagnosis of, COVID-19 (and the employee has been section 4 of Pub. 80, or section 5 of Pub. 179. exposed to COVID-19 or the employee's employer has requested such test or diagnosis), or the employee is For 2023, the rate of social security tax on taxable obtaining immunizations related to COVID-19 or wages, except for qualified sick leave wages and qualified recovering from an injury, disability, illness, or condition family leave wages paid in 2023 for leave taken after related to such immunization; March 31, 2020, and before April 1, 2021, is 6.2% (0.062) each for the employer and employee or 12.4% (0.124) for 4. Is caring for an individual subject to an order both. Stop paying social security tax on and entering an described in (1) or who has been advised as described in employee's wages on line 4a when the employee's (2); taxable wages, including qualified sick leave wages paid 5. Is caring for a son or daughter because the school in 2023 that are reported on line 4a(i), qualified family or place of care for that child has been closed, or the leave wages paid in 2023 that are reported on line 4a(ii), childcare provider for that child is unavailable, due to and tips, reach $160,200 for the year. However, continue COVID-19 precautions; or to withhold income and Medicare taxes for the whole year 6. Is experiencing any other substantially similar on all wages, including qualified sick leave wages paid in condition specified by the U.S. Department of Health and 2023, qualified family leave wages paid in 2023, and tips, Human Services, which for leave taken after March 31, even when the social security wage base of $160,200 has 2021, and before October 1, 2021, includes to accompany been reached. an individual to obtain immunization related to COVID-19, For purposes of the credit for qualified sick and family or to care for an individual who is recovering from any leave wages, qualified sick leave and family leave wages injury, disability, illness, or condition related to the are wages for social security and Medicare tax purposes, immunization. determined without regard to the exclusions from the definition of employment under sections 3121(b)(1)–(22), Son or daughter. A son or daughter must generally that an employer pays that otherwise meet the have been under 18 years of age or incapable of self-care requirements of the Emergency Paid Sick Leave Act because of a mental or physical disability. A son or (EPSLA) or the Emergency Family and Medical Leave daughter includes a biological child, adopted child, Expansion Act (Expanded FMLA), as enacted under the stepchild, foster child, legal ward, or child for whom the FFCRA and amended for purposes of the ARP. However, employee assumes parental status and carries out the don't include any wages otherwise excluded under section obligations of a parent. 3121(b) when reporting qualified sick and family leave Limits on qualified sick leave wages. The EPSLA, wages on lines 4a, 4a(i), 4a(ii), 4c, and, if applicable, 4d. as amended for purposes of the ARP, provides different See the instructions for line 8d for information about the limitations for different circumstances under which credit for qualified sick and family leave wages paid in qualified sick leave wages are paid. For paid sick leave qualifying under (1), (2), or (3) above, the amount of qualified sick leave wages is determined at the Instructions for Form 944 (2023) -9- |
Enlarge image | Page 10 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employee's regular rate of pay, but the wages may not day or $10,000 in the aggregate per employee. For leave exceed $511 for any day (or portion of a day) for which the taken after March 31, 2021, and before October 1, 2021, individual is paid sick leave. For paid sick leave qualifying the limit resets and the total qualified family leave wages under (4), (5), or (6) above, the amount of qualified sick can't exceed $200 per day or $12,000 in the aggregate leave wages is determined at two-thirds the employee's per employee. regular rate of pay, but the wages may not exceed $200 for For more information about qualified sick and family any day (or portion of a day) for which the individual is leave wages, go to IRS.gov/PLC. paid sick leave. The EPSLA also limits each individual to a 4a(i). Qualified sick leave wages. Enter the qualified maximum of up to 80 hours of paid sick leave in total for taxable (subject to social security tax) sick leave wages leave taken after March 31, 2020, and before April 1, you paid in 2023 to your employees for leave taken after 2021. The ARP resets this limit at 80 hours of paid sick March 31, 2020, and before April 1, 2021. Qualified sick leave for leave taken after March 31, 2021, and before leave wages for leave taken after March 31, 2020, and October 1, 2021. Therefore, for leave taken after March before April 1, 2021, aren't subject to the employer share 31, 2020, and before April 1, 2021, the maximum amount of social security tax; therefore, the tax rate on these of paid sick leave wages can’t exceed $5,110 for an wages is 6.2% (0.062). Stop paying social security tax on employee for leave under (1), (2), or (3), and it can’t and entering an employee's wages on line 4a(i) when the exceed $2,000 for an employee for leave under (4), (5), or employee's taxable wages, including wages reported on (6). These maximum amounts also reset and apply to line 4a, qualified sick leave wages reported on line 4a(i), leave taken after March 31, 2021, and before October 1, qualified family leave wages reported on line 4a(ii), and 2021. tips, reach $160,200 for the year. See the instructions for For more information about qualified sick and family line 4c for reporting Medicare tax on qualified sick leave leave wages, go to IRS.gov/PLC. wages, including the portion above the social security Expanded FMLA. Employers with fewer than 500 wage base. employees and, for leave taken after March 31, 2021, and For purposes of the credit for qualified sick and family before October 1, 2021, certain governmental employers leave wages, qualified sick leave wages are wages for without regard to number of employees (except for the social security and Medicare tax purposes, determined federal government and its agencies and instrumentalities without regard to the exclusions from the definition of unless described in section 501(c)(1)) are entitled to a employment under sections 3121(b)(1)–(22), that an credit under the FFCRA, as amended for purposes of the employer pays that otherwise meet the requirements of ARP, if they provide paid family leave to employees that the EPSLA, as enacted under the FFCRA and amended otherwise meets the requirements of the Expanded by the COVID-related Tax Relief Act of 2020. However, FMLA. For leave taken after March 31, 2020, and before don't include any wages otherwise excluded under section April 1, 2021, wages are qualified family leave wages if 3121(b) when reporting qualified sick leave wages on paid to an employee who has been employed for at least lines 4a(i), 4c, and, if applicable, 4d. See the instructions 30 calendar days when an employee is unable to work or for line 8b for information about the credit for qualified sick telework due to the need to care for a son or daughter and family leave wages for leave taken after March 31, under 18 years of age or incapable of self-care because of 2020, and before April 1, 2021. a mental or physical disability because the school or place of care for that child has been closed, or the childcare line 4a(i) (column 1) provider for that child is unavailable, due to a public health x 0.062 emergency. See Son or daughter, earlier, for more line 4a(i) (column 2) information. For leave taken after March 31, 2021, and before October 1, 2021, the leave can be granted for any other reason provided by the EPSLA, as amended for 4a(ii). Qualified family leave wages. Enter the purposes of the ARP. qualified taxable (subject to social security tax) family leave wages you paid in 2023 to your employees for leave For leave taken after March 31, 2020, and before April taken after March 31, 2020, and before April 1, 2021. 1, 2021, the first 10 days for which an employee takes Qualified family leave wages for leave taken after March leave may be unpaid. During this period, employees may 31, 2020, and before April 1, 2021, aren't subject to the use other forms of paid leave, such as qualified sick leave, employer share of social security tax; therefore, the tax accrued sick leave, annual leave, or other paid time off. rate on these wages is 6.2% (0.062). Stop paying social After an employee takes leave for 10 days, the employer security tax on and entering an employee's wages on provides the employee paid leave (that is, qualified family line 4a(ii) when the employee's taxable wages, including leave wages) for up to 10 weeks. For leave taken after wages reported on line 4a, qualified sick leave wages March 31, 2021, and before October 1, 2021, the 10-day reported on line 4a(i), qualified family leave wages rule discussed above doesn't apply and the paid leave reported on line 4a(ii), and tips, reach $160,200 for the can be provided for up to 12 weeks. year. See the instructions for line 4c for reporting Medicare Rate of pay and limit on wages. The rate of pay must tax on qualified family leave wages, including the portion be at least two-thirds of the employee’s regular rate of pay above the social security wage base. (as determined under the Fair Labor Standards Act of 1938), multiplied by the number of hours the employee For purposes of the credit for qualified sick and family would have otherwise been scheduled to work. For leave leave wages, qualified family leave wages are wages for taken after March 31, 2020, and before April 1, 2021, the social security and Medicare tax purposes, determined total qualified family leave wages can't exceed $200 per without regard to the exclusions from the definition of -10- Instructions for Form 944 (2023) |
Enlarge image | Page 11 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employment under sections 3121(b)(1)–(22), that an The rate of Medicare tax is 1.45% (0.0145) each for the employer pays that otherwise meet the requirements of employer and employee or 2.9% (0.029) for both. Include the Expanded FMLA, as enacted under the FFCRA and all tips your employees reported during the year, even if amended by the COVID-related Tax Relief Act of 2020. you were unable to withhold the employee tax of 1.45%. However, don't include any wages otherwise excluded under section 3121(b) when reporting qualified family line 4c (column 1) leave wages on lines 4a(ii), 4c, and, if applicable, 4d. See x 0.029 the instructions for line 8b for information about the credit line 4c (column 2) for qualified sick and family leave wages for leave taken after March 31, 2020, and before April 1, 2021. 4d. Taxable wages & tips subject to Additional line 4a(ii) (column 1) Medicare Tax withholding. Enter all wages, including x 0.062 qualified sick leave wages paid in 2023 and qualified line 4a(ii) (column 2) family leave wages paid in 2023; tips; sick pay; and taxable fringe benefits that are subject to Additional Medicare Tax withholding. You’re required to begin 4b. Taxable social security tips. Enter all tips your withholding Additional Medicare Tax in the pay period in employees reported to you during the year until the total of which you pay wages in excess of $200,000 to an the tips and taxable wages, including wages reported on employee and continue to withhold it each pay period until line 4a, qualified sick leave wages reported on line 4a(i), the end of the calendar year. Additional Medicare Tax is and qualified family leave wages reported on line 4a(ii), for only imposed on the employee. There is no employer an employee reach $160,200 for the year. Include all tips share of Additional Medicare Tax. All wages that are your employees reported to you even if you were unable to subject to Medicare tax are subject to Additional Medicare withhold the 6.2% employee share of social security tax. Tax withholding if paid in excess of the $200,000 You will reduce your total taxes by the amount of any withholding threshold. uncollected employee share of social security and For more information on what wages are subject to Medicare taxes on tips later on line 6; see Adjustments for Medicare tax, see section 15 of Pub. 15. For more tips and group-term life insurance, later. Don’t include information on Additional Medicare Tax, go to IRS.gov/ service charges on line 4b. For details about the ADMTfaqs. See the instructions for line 6 for an difference between tips and service charges, see Rev. adjustment that you may need to make on Form 944 for Rul. 2012-18, 2012-26 I.R.B. 1032, available at sick pay. IRS.gov/irb/2012-26_IRB#RR-2012-18. Once wages and tips exceed the $200,000 withholding Your employee must report cash tips to you by the 10th threshold, include all tips your employees reported during day of the month after the month the tips are received. the year, even if you were unable to withhold the employee Cash tips include tips paid by cash, check, debit card, and tax of 0.9%. credit card. The report should include charged tips (for example, credit and debit card charges) you paid over to line 4d (column 1) the employee for charge customers, tips the employee x 0.009 received directly from customers, and tips received from line 4d (column 2) 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 4e. Total social security and Medicare taxes. Add than $20. Employees may use Form 4070 (available only the column 2 amounts on lines 4a–4d. Enter the result on in Pub. 1244) or Form 4070-PR (available only in Pub. line 4e. 1244-PR), or submit a written statement or electronic tip record. 5. Total Taxes Before Adjustments Add the total federal income tax withheld from wages, tips, line 4b (column 1) and other compensation from line 2 and the total social x 0.124 security and Medicare taxes before adjustments from line 4b (column 2) line 4e. Enter the result on line 5. 6. Current Year's Adjustments For more information on tips, see section 6 of Pub. 15, Enter tax amounts that result from current period section 5 of Pub. 80, or section 6 of Pub. 179. adjustments. Use a minus sign (if possible) to show an 4c. Taxable Medicare wages and tips. Enter all adjustment that decreases the total taxes shown on line 5. wages, including qualified sick leave wages paid in 2023 Otherwise, use parentheses. and qualified family leave wages paid in 2023; tips; sick pay; and taxable fringe benefits that are subject to In certain cases, you must adjust the amounts you Medicare tax. Unlike social security wages, there is no entered as social security and Medicare taxes in column 2 limit on the amount of wages subject to Medicare tax. See of lines 4a–4d to figure your correct tax liability for this the instructions for line 6 for an adjustment that you may year's Form 944. See section 13 of Pub. 15, section 9 of need to make on Form 944 for sick pay. Pub. 80, or section 12 of Pub. 179. Adjustment for fractions of cents. Enter adjustments for fractions of cents (due to rounding) relating to the Instructions for Form 944 (2023) -11- |
Enlarge image | Page 12 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. employee share of social security and Medicare taxes If you enter an amount on line 8a, you must attach withheld. The employee share of amounts shown in ! Form 8974. column 2 of lines 4a–4d may differ slightly from amounts CAUTION actually withheld from employees' pay due to rounding Form 944 and these instructions use the terms social security and Medicare taxes based on statutory TIP “nonrefundable” and “refundable” when rates. This adjustment may be a positive or a negative discussing credits. The term “nonrefundable” adjustment. means the portion of the credit which is limited by law to Adjustment for sick pay. If your third-party payer of the amount of certain taxes. The term “refundable” means sick pay that isn't your agent (for example, an insurance the portion of the credit which is in excess of those taxes. company) transfers the liability for the employer share of the social security and Medicare taxes to you, enter a negative adjustment on line 6 for the employee share of 8b. Nonrefundable Portion of Credit for Qualified social security and Medicare taxes that were withheld and Sick and Family Leave Wages for Leave Taken deposited by your third-party sick pay payer on the sick After March 31, 2020, and Before April 1, 2021 pay. If you're the third-party sick pay payer and you Complete line 8b only if qualified sick leave transferred the liability for the employer share of the social wages and/or qualified family leave wages were security and Medicare taxes to the employer, enter a CAUTION! paid in 2023 for leave taken after March 31, 2020, negative adjustment on line 6 for any employer share of and before April 1, 2021. these taxes required to be paid by the employer. The sick pay should be included on line 4a, line 4c, and, if the Certain private employers with fewer than 500 withholding threshold is met, line 4d. employees that provide paid sick leave under the EPSLA No adjustment is reported on line 6 for sick pay that is and/or provide paid family leave under the Expanded paid through a third party as an employer's agent. An FMLA are eligible to claim the credit for qualified sick and employer's agent bears no insurance risk and is family leave wages for leave taken after March 31, 2020, reimbursed on a cost-plus-fee basis for payment of sick and before April 1, 2021. For purposes of this credit, pay and similar amounts. If an employer uses an agent to qualified sick leave wages and qualified family leave pay sick pay, the employer reports the wages on line 4a, wages are wages for social security and Medicare tax line 4c, and, if the withholding threshold is met, line 4d, purposes, determined without regard to the exclusions unless the employer has an agency agreement with the from the definition of employment under sections 3121(b) third-party payer that requires the third-party payer to do (1)–(22), that an employer pays that otherwise meet the the collecting, reporting, and/or paying or depositing requirements of the EPSLA or Expanded FMLA. Enter the employment taxes on the sick pay. See section 6 of Pub. nonrefundable portion of the credit for qualified sick and 15-A for more information about sick pay reporting. family leave wages from Worksheet 1, Step 2, line 2j. The Adjustments for tips and group-term life insurance. credit for qualified sick and family leave wages consists of Enter a negative adjustment for: the qualified sick leave wages, the qualified family leave wages, the qualified health plan expenses allocable to • Any uncollected employee share of social security and those wages, and the employer share of Medicare tax Medicare taxes on tips, and allocable to those wages. The nonrefundable portion of • The uncollected employee share of social security and the credit is limited to the employer share of social security Medicare taxes on group-term life insurance premiums tax reported on Form 944, lines 4a and 4b, after that share paid for former employees. is first reduced by any credit claimed against the employer See the General Instructions for Forms W-2 and W-3 share of social security tax on Form 8974 for the qualified for information on how to report the uncollected employee small business payroll tax credit for increasing research share of social security and Medicare taxes on tips and activities, any credit to be claimed on Form 5884-C for the group-term life insurance on Form W-2. work opportunity credit for qualified tax-exempt Prior year's adjustments. If you need to adjust any organizations hiring qualified veterans, and/or any credit to amount reported on line 6 from a previously filed Form be claimed on Form 5884-D for the disaster credit for 944, complete and file Form 944-X. Form 944-X is an qualified tax-exempt organizations. adjusted return or claim for refund and is filed separately If you're a third-party payer of sick pay that isn't an from Form 944. See section 13 of Pub. 15 or section 9 of ! agent (for example, an insurance company) and Pub. 80. CAUTION you're claiming the credit for qualified sick and family leave wages for amounts paid to your own 7. Total Taxes After Adjustments employees, the amount of the employer share of social Combine the amounts shown on lines 5 and 6 and enter security tax reported on line 4a must be reduced by any the result on line 7. adjustment you make on line 6 for the employer share of social security tax transferred to your client. See 8a. Qualified Small Business Payroll Tax Credit Worksheet 1 to figure your credit. for Increasing Research Activities Enter the amount of the credit from Form 8974, line 12 or, Any credit in excess of the remaining amount of the if applicable, line 17. employer share of social security tax is refundable and reported on Form 944, line 10d. For more information on the credit for qualified sick and family leave wages, go to IRS.gov/PLC. -12- Instructions for Form 944 (2023) |
Enlarge image | Page 13 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Qualified health plan expenses allocable to qualified limitations, allocable to the qualified sick and family leave sick and family leave wages. The credit for qualified wages; sick leave wages and qualified family leave wages is • Collectively bargained apprenticeship program increased to cover the qualified health plan expenses that contributions, subject to the qualified leave wage are properly allocable to the qualified leave wages for limitations, allocable to the qualified sick and family leave which the credit is allowed. These qualified health plan wages; and expenses are amounts paid or incurred by the employer to • Employer share of social security and Medicare tax provide and maintain a group health plan but only to the allocable to the qualified sick and family leave wages. extent such amounts are excluded from the employees’ The nonrefundable portion of the credit is limited to the income as coverage under an accident or health plan. The employer share of Medicare tax reported on Form 944, amount of qualified health plan expenses generally line 4c, after that share is first reduced by any credit includes both the portion of the cost paid by the employer claimed against the employer share of Medicare tax on and the portion of the cost paid by the employee with pre- Form 8974 for the qualified small business payroll tax tax salary reduction contributions. However, qualified credit for increasing research activities. You can’t claim the health plan expenses don’t include amounts that the credit for leave taken after March 31, 2021, and before employee paid for with after-tax contributions. For more October 1, 2021, if you made qualified sick or family leave information, go to IRS.gov/PLC. wages available in a manner that discriminates in favor of You must include the full amount (both the highly compensated employees, full-time employees, or TIP nonrefundable and refundable portions) of the employees on the basis of employment tenure. See Highly credit for qualified sick and family leave wages in compensated employee, later, for the definition. your gross income for the tax year that includes the last For leave taken after March 31, 2021, and before day of any calendar quarter in which a credit is allowed. October 1, 2021, the credit for qualified sick and family leave wages is reduced by the amount of the credit 8d. Nonrefundable Portion of Credit for allowed under section 41 (for the credit for increasing Qualified Sick and Family Leave Wages for research activities) with respect to wages taken into Leave Taken After March 31, 2021, and Before account for determining the credit for qualified sick and family leave wages; and any wages taken into account in October 1, 2021 determining the credit for qualified sick and family leave Complete line 8d only if qualified sick leave wages can't be taken into account as wages for purposes ! wages and/or qualified family leave wages were of the credits under sections 45A, 45P, 45S, and 51. For CAUTION paid in 2023 for leave taken after March 31, 2021, leave taken after March 31, 2021, and before October 1, and before October 1, 2021. 2021, qualified wages also don't include wages that were Employers with fewer than 500 employees and certain used as payroll costs in connection with a Shuttered governmental employers without regard to number of Venue Operator Grant under section 324 of the Economic employees (except for the federal government and its Aid to Hard-Hit Small Businesses, Nonprofits, and Venues agencies and instrumentalities unless described in Act; or a restaurant revitalization grant under section 5003 section 501(c)(1)) are entitled to a credit if they provide of the ARP. Employers can receive both a Small Business paid sick leave to employees that otherwise meets the Interruption Loan under the Paycheck Protection Program requirements of the EPSLA, as amended for purposes of (PPP) and the credit for qualified sick and family leave the ARP, and/or provide paid family leave to employees wages; however, employers can't receive both loan that otherwise meets the requirements under the forgiveness and a credit for the same wages. The same Expanded FMLA, as amended for purposes of the ARP, wages can’t be treated as both qualified sick leave wages for qualified sick and family leave wages for leave taken and qualified family leave wages. after March 31, 2021, and before October 1, 2021. For If you're a third-party payer of sick pay that isn't an purposes of this credit, qualified sick leave wages and ! agent (for example, an insurance company) and qualified family leave wages are wages for social security CAUTION you're claiming the credit for qualified sick and and Medicare tax purposes, determined without regard to family leave wages for amounts paid to your own the exclusions from the definition of employment under employees, the amount of the employer share of Medicare sections 3121(b)(1)–(22), that an employer pays that tax reported on line 4c must be reduced by any otherwise meet the requirements of the EPSLA or adjustment you make on line 6 for the employer share of Expanded FMLA, as enacted under the FFCRA and Medicare tax transferred to your client. See Worksheet 2 amended for purposes of the ARP. Enter the to figure your credit. nonrefundable portion of the credit for qualified sick and family leave wages from Worksheet 2, Step 2, line 2p. Any credit in excess of the remaining amount of the employer share of Medicare tax is refundable and The credit for qualified sick and family leave wages reported on Form 944, line 10f. For more information on consists of the: the credit for qualified sick and family leave wages, go to • Qualified sick leave wages and/or qualified family leave IRS.gov/PLC. wages; • Qualified health plan expenses allocable to qualified Qualified health plan expenses allocable to qualified sick and family leave wages; sick and family leave wages. The credit for qualified • Collectively bargained defined benefit pension plan sick leave wages and qualified family leave wages is contributions, subject to the qualified leave wage increased to cover the qualified health plan expenses that Instructions for Form 944 (2023) -13- |
Enlarge image | Page 14 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. are properly allocable to the qualified leave wages for Allocation rules. The amount of collectively bargained which the credit is allowed. These qualified health plan apprenticeship program contributions allocated to expenses are amounts paid or incurred by the employer to qualified sick leave wages and/or qualified family leave provide and maintain a group health plan but only to the wages in a quarter is the apprenticeship program extent such amounts are excluded from the employees' contribution rate (expressed as an hourly rate) multiplied income as coverage under an accident or health plan. The by the number of hours qualified sick leave wages and/or amount of qualified health plan expenses generally qualified family leave wages were provided to employees includes both the portion of the cost paid by the employer covered under the collective bargaining agreement during and the portion of the cost paid by the employee with the quarter. pre-tax salary reduction contributions. However, qualified Highly compensated employee. A highly compensated health plan expenses don't include amounts that the employee is an employee who meets either of the employee paid for with after-tax contributions. For more following tests. information, go to IRS.gov/PLC. 1. The employee was a 5% owner at any time during Collectively bargained defined benefit pension plan the year or the preceding year. contributions. For purposes of qualified sick and family 2. The employee received more than $135,000 in pay leave wages, collectively bargained defined benefit for the preceding year. pension plan contributions are contributions for a calendar quarter that are: You can choose to ignore test (2) if the employee • Paid or incurred by an employer on behalf of its wasn’t also in the top 20% of employees when ranked by employees to a defined benefit plan, as defined in section pay for the preceding year. 414(j), which meets the requirements of section 401(a); • Made based on a pension contribution rate; and 8g. Total Nonrefundable Credits • Required to be made under the terms of a collective Add lines 8a, 8b, and 8d. Enter the total on line 8g. bargaining agreement in effect during the quarter. Pension contribution rate. The pension contribution 9. Total Taxes After Adjustments and rate is the contribution rate that the employer is obligated Nonrefundable Credits to pay under the terms of a collective bargaining Subtract line 8g from line 7 and enter the result on line 9. agreement to a defined benefit plan, as the rate is applied The amount entered on line 9 can't be less than zero. to contribution base units, as defined by section 4001(a) (11) of the Employee Retirement Income Security Act of • If line 9 is less than $2,500, you may pay the amount 1974 (ERISA). with Form 944 or you may deposit the amount. Allocation rules. The amount of collectively bargained • If line 9 is $2,500 or more, you must generally deposit defined benefit pension plan contributions allocated to your tax liabilities by EFT. However, if you deposited all qualified sick leave wages and/or qualified family leave taxes accumulated in the first 3 quarters of the year and wages during a quarter is the pension contribution rate your fourth quarter liability is less than $2,500, you may (expressed as an hourly rate) multiplied by the number of pay taxes accumulated during the fourth quarter with Form hours qualified sick leave wages and/or qualified family 944. Also see section 11 of Pub. 15, section 8 of Pub. 80, leave wages were provided to employees covered under or section 11 of Pub. 179 for information about payments the collective bargaining agreement during the quarter. made under the accuracy of deposits rule. The amount shown on line 9 must equal the amount shown on Collectively bargained apprenticeship program con- line 13m or the “Total tax liability for the year” shown on tributions. For purposes of qualified sick and family line M of Form 945-A, Annual Record of Federal Tax leave wages, collectively bargained apprenticeship Liability. For more information, see the line 13 instructions, program contributions are contributions for a calendar later. quarter that are: • Paid or incurred by an employer on behalf of its For more information and rules about federal tax employees to a registered apprenticeship program, which deposits, see Must You Deposit Your Taxes, earlier, and is an apprenticeship registered under the National section 11 of Pub. 15, section 8 of Pub. 80, or section 11 Apprenticeship Act of August 16, 1937, and meets the of Pub. 179. See Notice 2020-22 and Notice 2021-24 for standards of Federal Regulations under subpart A of Part information on reducing deposits for certain credits. 29 and Part 30 of title 29; If you’re a semiweekly schedule depositor, you • Made based on an apprenticeship program contribution ! must complete Form 945-A. If you fail to complete rate; and CAUTION and submit Form 945-A, the IRS may assess • Required to be made under the terms of a collective deposit penalties based on available information. bargaining agreement in effect during the quarter. Apprenticeship program contribution rate. The 10a. Total Deposits for This Year apprenticeship program contribution rate is the contribution rate that the employer is obligated to pay Enter your deposits for this year, including any under the terms of a collective bargaining agreement for overpayment that you applied from filing Form 944-X, benefits under a registered apprenticeship program, as 944-X (SP), 941-X, or 941-X (PR) in the current year. Also the rate is applied to contribution base units, as defined by include in the amount shown any overpayment from a section 4001(a)(11) of ERISA. previous period that you applied to this return. Don't include any amount you didn't deposit because you reduced your deposits in anticipation of the credit for -14- Instructions for Form 944 (2023) |
Enlarge image | Page 15 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. qualified sick and family leave wages, as discussed in taxes after adjustments and nonrefundable credits (line 9) Notice 2020-22 and Notice 2021-24. are less than $2,500. However, see If line 9 is $2,500 or more under the instructions for line 9, earlier, for 10d. Refundable Portion of Credit for Qualified exceptions. Sick and Family Leave Wages for Leave Taken After March 31, 2020, and Before April 1, 2021 If you were required to make federal tax deposits, pay the amount shown on line 11 by EFT. If you weren't Complete line 10d only if qualified sick leave required to make federal tax deposits (see the Federal Tax ! wages and/or qualified family leave wages were Deposit Requirements for Form 944 Filers chart, earlier) or CAUTION paid in 2023 for leave taken after March 31, 2020, you're a monthly schedule depositor making a payment and before April 1, 2021. under the accuracy of deposits rule, you may pay the Certain private employers with fewer than 500 amount shown on line 11 by EFT, credit card, debit card, employees that provided paid sick leave under the EPSLA check, money order, or EFW. For more information on and/or provided paid family leave under the Expanded electronic payment options, go to IRS.gov/Payments. FMLA are eligible to claim the credit for qualified sick and If you pay by EFT, credit card, or debit card, file your family leave wages. Enter the refundable portion of the return using the Without a payment address under Where credit for qualified sick and family leave wages from Should You File, earlier. Don't file Form 944-V, Payment Worksheet 1, Step 2, line 2k. The credit for qualified sick Voucher. and family leave wages consists of the qualified sick leave wages, the qualified family leave wages, the qualified If you pay by check or money order, make it payable to health plan expenses allocable to those wages, and the “United States Treasury.” Enter your EIN, “Form 944,” and employer share of Medicare tax allocable to those wages. the tax period on your check or money order. Complete The refundable portion of the credit is allowed after the Form 944-V and enclose it with Form 944. employer share of social security tax is reduced to zero by If you're required to make deposits and instead nonrefundable credits that are applied against the pay the taxes with Form 944, you may be subject employer share of social security tax. CAUTION! to a penalty. 10f. Refundable Portion of Credit for Qualified What if you can't pay in full? If you can't pay the full Sick and Family Leave Wages for Leave Taken amount of tax you owe, you can apply for an installment After March 31, 2021, and Before October 1, agreement online. You can apply for an installment 2021 agreement online if: Complete line 10f only if qualified sick leave • You can't pay the full amount shown on line 11, • The total amount you owe is $25,000 or less, and ! wages and/or qualified family leave wages were • You can pay the liability in full in 24 months. CAUTION paid in 2023 for leave taken after March 31, 2021, and before October 1, 2021. To apply using the Online Payment Agreement Application, go to IRS.gov/OPA. Employers with fewer than 500 employees and certain governmental employers without regard to number of Under an installment agreement, you can pay what you employees (except for the federal government and its owe in monthly installments. There are certain conditions agencies and instrumentalities unless described in you must meet to enter into and maintain an installment section 501(c)(1)) are entitled to a credit if they provide agreement, such as paying the liability within 24 months, paid sick leave to employees that otherwise meets the and making all required deposits and timely filing tax requirements of the EPSLA, as amended for purposes of returns during the length of the agreement. the ARP, and/or provide paid family leave to employees If your installment agreement is accepted, you will be that otherwise meets the requirements under the charged a fee and you will be subject to penalties and Expanded FMLA, as amended for purposes of the ARP, interest on the amount of tax not paid by the due date of for leave taken after March 31, 2021, and before October the return. 1, 2021. Enter the refundable portion of the credit for qualified sick and family leave wages from Worksheet 2, 12. Overpayment Step 2, line 2q. The refundable portion of the credit is If line 10h is more than line 9, enter the amount on line 12. allowed after the employer share of Medicare tax is Never make an entry on both lines 11 and 12. reduced to zero by nonrefundable credits that are applied against the employer share of Medicare tax. If you deposited more than the correct amount for the year, you can choose to have the IRS either refund the 10h. Total Deposits and Refundable Credits overpayment or apply it to your next return. Check only Add lines 10a, 10d, and 10f. Enter the total on line 10h. one box on line 12. If you don't check either box or if you check both boxes, we will generally apply the 11. Balance Due overpayment to your next return. Regardless of any boxes If line 9 is more than line 10h, enter the difference on you check or don’t check on line 12, we may apply your line 11. Otherwise, see the instructions for line 12, later. overpayment to any past due tax account that is shown in Never make an entry on both lines 11 and 12. our records under your EIN. You don't have to pay if line 11 is less than $1. If line 12 is less than $1, we will send a refund or apply Generally, you should have a balance due only if your total it to your next return only if you ask us in writing to do so. Instructions for Form 944 (2023) -15- |
Enlarge image | Page 16 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Part 2: Tell Us About Your Deposit or Form 945-A, you take into account the payroll tax credit against the liability for the employer share of social Schedule and Tax Liability for This security tax starting with the first payroll payment of the quarter that includes payments of wages subject to social Year security tax to your employees until you use up to 13. Tax Liability $250,000 of credit against the employer share of social security tax and you then take into account any remaining If line 9 is less than $2,500, check the first box on line 13 payroll tax credit against the liability for the employer and go to line 14. share of Medicare tax starting with the first payroll If line 9 is $2,500 or more, check the second box on payment of the quarter that includes payments of wages line 13. If you’re a monthly schedule depositor, enter your subject to Medicare tax to employees. Consistent with the tax liability for each month and figure the total liability for entries on line 13 or Form 945-A, the payroll tax credit the year. The amounts entered on line 13 are a summary should be taken into account in making deposits of of your monthly tax liabilities, not a summary of deposits employment tax. If any payroll tax credit is remaining at you made. The IRS gets deposit data from EFTs. Enter the end of the quarter that hasn’t been used completely your tax liabilities in the month that corresponds to the because it exceeds $250,000 of the employer share of dates you paid wages to your employees, not the date social security tax and the employer share of Medicare tax payroll liabilities were accrued or deposits were made. If for the quarter, the excess credit may be carried forward to you don't enter your tax liability for each month, the IRS the succeeding quarter and allowed as a payroll tax credit won't know when you should have made deposits and for the succeeding quarter. The payroll tax credit may not may assess an “averaged” FTD penalty. See section 11 of be taken as a credit against income tax withholding, the Pub. 15, section 8 of Pub. 80, or section 11 of Pub. 179. If employee share of social security tax, or the employee your tax liability for any month is negative after accounting share of Medicare tax. for your adjustments reported on line 6, don't enter a Also, the remaining payroll tax credit may not be carried negative amount for the month. Instead, enter zero for the back and taken as a credit against wages paid from month and subtract that negative amount from your tax preceding quarters that are reported on the same Form liability for the next month. 944 or on Forms 944 for preceding years. If an amount of payroll tax credit is unused at the end of the calendar year The amount shown on line 13m must equal the because it is in excess of the applicable employer share of ! amount shown on line 9. If it doesn't, your tax social security tax and employer share of Medicare tax on CAUTION deposits and payments may not be counted as wages paid during the applicable quarters in the calendar timely. Don't reduce your total liability reported on line 13 year, the remaining payroll tax credit may be carried by the refundable portion of the credit for qualified sick forward to the first quarter of the succeeding calendar and family leave wages. Don't change your current year year as a payroll tax credit against the applicable tax liability reported on line 13 by adjustments reported on employer share of social security tax and employer share any Forms 944-X. of Medicare tax on wages paid in that quarter. If you’re a semiweekly schedule depositor or if you Example. Rose Co. is an employer with a calendar tax became one because you accumulated $100,000 or more year that filed its timely 2022 income tax return on April in tax liability on any day in a deposit period, you must 18, 2023. Rose Co. elected to take the qualified small complete Form 945-A and file it with Form 944. See business payroll tax credit for increasing research $100,000 Next-Day Deposit Rule in section 11 of Pub. 15, activities on Form 6765. The third quarter of 2023 is the section 8 of Pub. 80, or section 11 of Pub. 179. Don't first quarter that begins after Rose Co. filed the income tax complete lines 13a–13m if you file Form 945-A. return making the payroll tax credit election. Therefore, the Adjusting tax liability for nonrefundable credits payroll tax credit applies against Rose Co.'s share of claimed on lines 8a, 8b, and 8d. Monthly schedule social security tax (up to $250,000) and Medicare tax on depositors and semiweekly schedule depositors must wages paid to employees in the third quarter of 2023. account for nonrefundable credits claimed on lines 8a, 8b, Rose Co. is a semiweekly schedule depositor. Rose Co. and 8d when reporting their tax liabilities on line 13 or completes Form 945-A by reducing the amount of liability Form 945-A. The total tax liability for the year must equal entered for the first payroll payment in the third quarter of the amount reported on line 9. Failure to account for the 2023 that includes wages subject to social security tax by nonrefundable credits on line 13 or Form 945-A may the lesser of (1) its share of social security tax (up to cause line 13 or Form 945-A to report more than the total $250,000) on the wages, or (2) the available payroll tax tax liability reported on line 9. Don't reduce your monthly credit. If the payroll tax credit elected is more than Rose tax liability reported on lines 13a through 13l or your daily Co.'s share of social security tax on the first payroll tax liability reported on Form 945-A below zero. payment of the quarter, the excess payroll tax credit would Qualified small business payroll tax credit for be carried forward to succeeding payroll payments in the increasing research activities (line 8a). Beginning third quarter until it is used against up to $250,000 of Rose with the first quarter of 2023, the qualified small business Co.'s share of social security tax for the quarter. If the payroll tax credit for increasing research activities is first amount of the payroll tax credit exceeds Rose Co.'s share used to reduce the employer share of social security tax of social security tax (up to $250,000) on wages paid to its (up to $250,000) for the quarter and any remaining credit employees in the third quarter, any remaining credit is is then used to reduce the employer share of Medicare tax used against Rose Co.'s share of Medicare tax on the first for the quarter until it reaches zero. In completing line 13 payroll payment of the quarter and then the excess payroll -16- Instructions for Form 944 (2023) |
Enlarge image | Page 17 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax credit would be carried forward to succeeding payroll the year that is remaining after that share is first reduced payments in the third quarter until it is used against Rose by any credit claimed against the employer share of Co.'s share of Medicare tax for the quarter. If Rose Co. still Medicare tax on Form 8974, line 16, for the qualified small has credit remaining after reducing its share of social business payroll tax credit for increasing research security tax (up to $250,000) and Medicare tax for the activities. In completing line 13 or Form 945-A, you take third quarter, the remainder would be treated as a payroll into account the nonrefundable portion of the credit for tax credit against its share of social security tax (up to qualified sick and family leave wages paid in 2023 against $250,000) and Medicare tax on wages paid in the fourth the liability for the first payroll payment of the year, but not quarter. If the amount of the payroll tax credit remaining below zero. Then reduce the liability for each successive exceeded Rose Co.'s share of social security tax (up to payroll payment in the year until the nonrefundable portion $250,000) and Medicare tax on wages paid in the fourth of the credit is used. Any credit for qualified sick and quarter, it could be carried forward and treated as a payroll family leave wages paid in 2023 for leave taken after tax credit for the first quarter of 2024. March 31, 2021, and before October 1, 2021, that is Nonrefundable portion of credit for qualified sick remaining at the end of the year because it exceeds the and family leave wages for leave taken after March employer share of Medicare tax is claimed on line 10f as a 31, 2020, and before April 1, 2021 (line 8b). The refundable credit. The refundable portion of the credit nonrefundable portion of the credit for qualified sick and doesn’t reduce the liability reported on line 13 or Form family leave wages paid in 2023 for leave taken after 945-A. March 31, 2020, and before April 1, 2021, is limited to the You may reduce your deposits by the amount of employer share of social security tax on wages paid TIP the nonrefundable and refundable portions of the during the year that is remaining after that share is first credit for qualified sick and family leave wages, as reduced by any credit claimed against the employer share discussed earlier under Reducing your deposits for the of social security tax on Form 8974, line 12, for the credit for qualified sick and family leave wages. qualified small business payroll tax credit for increasing research activities; any credit to be claimed on Form 5884-C, line 11, for the work opportunity credit for Part 3: Tell Us About Your Business qualified tax-exempt organizations hiring qualified In Part 3, answer only those questions that apply to your veterans; and/or any credit to be claimed on Form 5884-D business. If the questions don't apply, leave them blank for the disaster credit for qualified tax-exempt and go to Part 4. organizations. In completing line 13 or Form 945-A, you take into account the nonrefundable portion of the credit 14. If Your Business Has Closed... for qualified sick and family leave wages paid in 2023 If you permanently go out of business or stop paying against the liability for the first payroll payment of the year, wages, you must file a final return. To tell the IRS that a but not below zero. Then reduce the liability for each particular Form 944 is your final return, check the box on successive payroll payment of the year until the line 14 and enter the date you last paid wages in the nonrefundable portion of the credit is used. Any credit for space provided. For additional filing requirements, qualified sick and family leave wages paid in 2023 for including information about attaching a statement to your leave taken after March 31, 2020, and before April 1, final return, see If Your Business Has Closed, earlier. 2021, that is remaining at the end of the year because it exceeds the employer share of social security tax is Lines 15, 16, and 19 Through 24 claimed on line 10d as a refundable credit. The refundable The amounts entered on lines 15, 16, and 19 through 24 portion of the credit doesn’t reduce the liability reported on are amounts that you use on the worksheets at the end of line 13 or Form 945-A. these instructions to figure certain credits. If you’re Example. Maple Co. is a monthly schedule depositor claiming these credits, you must enter the applicable that pays employees every Friday. In 2023, Maple Co. had amounts. pay dates every Friday starting on January 6, 2023. Maple Complete lines 15 and 16 only if qualified health Co. paid qualified sick and family leave wages on March plan expenses allocable to qualified sick leave 10 and March 17 for leave taken after March 31, 2020, CAUTION! wages and/or qualified family leave wages were and before April 1, 2021. The nonrefundable portion of the paid in 2023 for leave taken after March 31, 2020, and credit for qualified sick and family leave wages for the year before April 1, 2021. is $300. On line 13, Maple Co. will use the $300 to reduce the liability for the January 6 pay date, but not below zero. If any nonrefundable portion of the credit remains, Maple 15. Qualified Health Plan Expenses Allocable to Co. applies it to the liability for the January 13 pay date, Qualified Sick Leave Wages for Leave Taken then the January 20 pay date, and so forth until the entire After March 31, 2020, and Before April 1, 2021 $300 is used. Enter the qualified health plan expenses allocable to Nonrefundable portion of credit for qualified sick qualified sick leave wages paid in 2023 for leave taken and family leave wages for leave taken after March after March 31, 2020, and before April 1, 2021. This 31, 2021, and before October 1, 2021 (line 8d). The amount is also entered on Worksheet 1, Step 2, line 2b. nonrefundable portion of the credit for qualified sick and family leave wages paid in 2023 for leave taken after March 31, 2021, and before October 1, 2021, is limited to the employer share of Medicare tax on wages paid during Instructions for Form 944 (2023) -17- |
Enlarge image | Page 18 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 16. Qualified Health Plan Expenses Allocable to This amount is also entered on Worksheet 2, Step 2, Qualified Family Leave Wages for Leave Taken line 2g. After March 31, 2020, and Before April 1, 2021 23. Qualified Health Plan Expenses Allocable to Enter the qualified health plan expenses allocable to Qualified Family Leave Wages Reported on qualified family leave wages paid in 2023 for leave taken Line 22 after March 31, 2020, and before April 1, 2021. This amount is also entered on Worksheet 1, Step 2, line 2f. Enter the qualified health plan expenses allocable to qualified family leave wages paid in 2023 for leave taken Complete lines 19, 20, and 21 only if qualified after March 31, 2021, and before October 1, 2021. This ! sick leave wages were paid in 2023 for leave amount is also entered on Worksheet 2, Step 2, line 2h. CAUTION taken after March 31, 2021, and before October 1, 2021. 24. Amounts Under Certain Collectively Bargained Agreements Allocable to Qualified 19. Qualified Sick Leave Wages for Leave Taken Family Leave Wages Reported on Line 22 After March 31, 2021, and Before October 1, Enter the collectively bargained defined benefit pension 2021 plan contributions and collectively bargained Enter the qualified sick leave wages you paid in 2023 to apprenticeship program contributions allocable to your employees for leave taken after March 31, 2021, and qualified family leave wages paid in 2023 for leave taken before October 1, 2021, including any qualified sick leave after March 31, 2021, and before October 1, 2021. This wages that were above the social security wage base and amount is also entered on Worksheet 2, Step 2, line 2i. any qualified sick leave wages excluded from the definition of employment under sections 3121(b)(1)–(22). Part 4: May We Speak With Your See the instructions for line 8d, earlier, for more Third-Party Designee? information about qualified sick leave wages for leave taken after March 31, 2021, and before October 1, 2021. If you want to allow an employee, a paid tax preparer, or This amount is also entered on Worksheet 2, Step 2, another person to discuss your Form 944 with the IRS, line 2a. check the “Yes” box in Part 4. Enter the name, phone number, and five-digit personal identification number 20. Qualified Health Plan Expenses Allocable to (PIN) of the specific person to speak with—not the name Qualified Sick Leave Wages Reported on Line 19 of the firm that prepared your tax return. The designee Enter the qualified health plan expenses allocable to may choose any five numbers as their PIN. qualified sick leave wages paid in 2023 for leave taken By checking “Yes,” you authorize the IRS to talk to the after March 31, 2021, and before October 1, 2021. This person you named (your designee) about any questions amount is also entered on Worksheet 2, Step 2, line 2b. we may have while we process your return. You also authorize your designee to do all of the following. 21. Amounts Under Certain Collectively Bargained Agreements Allocable to Qualified • Give us any information that is missing from your return. Sick Leave Wages Reported on Line 19 • Call us for information about processing your return. Enter the collectively bargained defined benefit pension • Respond to certain IRS notices that you have shared with your designee about math errors and return plan contributions and collectively bargained preparation. The IRS won't send notices to your designee. apprenticeship program contributions allocable to qualified sick leave wages paid in 2023 for leave taken You’re not authorizing your designee to bind you to after March 31, 2021, and before October 1, 2021. This anything (including additional tax liability) or to otherwise amount is also entered on Worksheet 2, Step 2, line 2c. represent you before the IRS. If you want to expand your Complete lines 22, 23, and 24 only if qualified designee's authorization, see Pub. 947. ! family leave wages were paid in 2023 for leave The authorization will automatically expire 1 year after CAUTION taken after March 31, 2021, and before October 1, the due date (without regard to extensions) for filing your 2021. Form 944. If you or your designee wants to terminate the authorization, write to the IRS office for your location using 22. Qualified Family Leave Wages for Leave the Without a payment address under Where Should You Taken After March 31, 2021, and Before October File, earlier. 1, 2021 Part 5: Sign Here (Approved Roles) Enter the qualified family leave wages you paid in 2023 to your employees for leave taken after March 31, 2021, and Complete all information and sign Form 944. The following before October 1, 2021, including any qualified family persons are authorized to sign the return for each type of leave wages that were above the social security wage business entity. base and any qualified family leave wages excluded from • Sole proprietorship—The individual who owns the the definition of employment under sections 3121(b)(1)– business. (22). See the instructions for line 8d, earlier, for more • Corporation (including a limited liability company information about qualified family leave wages for leave (LLC) treated as a corporation)—The president, vice taken after March 31, 2021, and before October 1, 2021. president, or other principal officer duly authorized to sign. -18- Instructions for Form 944 (2023) |
Enlarge image | Page 19 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Partnership (including an LLC treated as a If you’re a paid preparer, enter your Preparer Tax partnership) or unincorporated organization—A Identification Number (PTIN) in the space provided. responsible and duly authorized partner, member, or Include your complete address. If you work for a firm, officer having knowledge of its affairs. enter the firm's name and the EIN of the firm. You can • Single-member LLC treated as a disregarded entity apply for a PTIN online or by filing Form W-12. For more for federal income tax purposes—The owner of the information about applying for a PTIN online, go to LLC or a principal officer duly authorized to sign. IRS.gov/PTIN. You can't use your PTIN in place of the EIN • Trust or estate—The fiduciary. of the tax preparation firm. Form 944 may be signed by a duly authorized agent of Generally, don't complete this section if you’re filing the the taxpayer if a valid power of attorney has been filed. return as a reporting agent and have a valid Form 8655 on Alternative signature method. Corporate officers or file with the IRS. However, a reporting agent must duly authorized agents may sign Form 944 by rubber complete this section if the reporting agent offered legal stamp, mechanical device, or computer software program. advice, for example, advising the client on determining For details and required documentation, see Rev. Proc. whether its workers are employees or independent 2005-39, 2005-28 I.R.B. 82, available at IRS.gov/irb/ contractors for federal tax purposes. 2005-28_IRB#RP-2005-39. How To Get Forms, Instructions, and Paid Preparer Use Only Publications A paid preparer must sign Form 944 and provide the information in the Paid Preparer Use Only section of Part 5 You can view, download, or print most of the if the preparer was paid to prepare Form 944 and isn't an forms, instructions, and publications you may employee of the filing entity. Paid preparers must sign need at IRS.gov/Forms. Otherwise, you can go to paper returns with a manual signature. The preparer must IRS.gov/OrderForms to place an order and have forms give you a copy of the return in addition to the copy to be mailed to you. filed with the IRS. Instructions for Form 944 (2023) -19- |
Enlarge image | Page 20 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-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 in 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 paid qualified sick leave wages and/or qualified family leave wages 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 in 2023 for leave taken after March 31, 2021, and before October 1, 2021. Step 1. Determine the employer share of social security tax 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 944, Part 1, line 4a, column 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1a 1b Enter the amount of social security tax from Form 944, Part 1, line 4b, 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 944, Part 1, line 6 (enter as a positive number) . . . . . . . . . . . . . . . . 1e 1f Employer share of social security tax. Subtract line 1e from line 1d . . . . . . . . . . . 1f 1g Enter the amount from Form 8974, line 12, for this year . . . . . . . . . . . . . . . . . . . . . . . 1g 1h Enter the amount to be claimed on Form 5884-C, line 11, for this year . . . . . . . . . . . . 1h 1i Enter the amount to be claimed on Form 5884-D, line 12, for this year . . . . . . . . . . . . 1i 1j Total nonrefundable credits already used against the employer share of social security tax. Add lines 1g, 1h, and 1i . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1j 1k Employer share of social security tax remaining. Subtract line 1j from line 1f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1k Step 2. Figure the sick and family leave credit 2a Qualified sick leave wages reported on Form 944, Part 1, line 4a(i), column 1 . . . . . . . 2a 2a(i) Qualified sick leave wages included on Form 944, Part 1, line 4c, but not included on Form 944, Part 1, line 4a(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 944, Part 3, line 15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 944, Part 1, line 4a(ii), column 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2e 2e(i) Qualified family leave wages included on Form 944, Part 1, line 4c, but not included on Form 944, Part 1, line 4a(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 944, Part 3, line 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 1k or line 2i. Enter this amount on Form 944, Part 1, line 8b . . . . . . . . . . . . . . . . . 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 944, Part 1, line 10d . . . . . . . . . . . . . . . . . . . . . . . . . . 2k -20- Instructions for Form 944 (2023) |
Enlarge image | Page 21 of 19 Fileid: … tions/i944/2023/a/xml/cycle06/source 16:34 - 14-Nov-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 in 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 paid qualified sick leave wages and/or qualified family leave wages 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 in 2023 for leave taken after March 31, 2020, and before April 1, 2021. Step 1. Determine the employer share of Medicare tax after it is reduced by any credit claimed on Form 8974 1a Enter the amount of Medicare tax from Form 944, Part 1, line 4c, 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 944, Part 1, line 6 (enter as a positive number) . . . . . . . . . . . . . . . . . . . . . . . . . . . 1c 1d Employer share of Medicare tax. Subtract line 1c from line 1b . . . . . . . . . . . . . . . . . . 1d 1e Enter the amount from Form 8974, line 16, for this year . . . . . . . . . . . . . . . . . . . . . . . . . 1e 1f Employer share of Medicare tax remaining. Subtract line 1e from line 1d . . . . . . . . . . 1f 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 944, Part 3, line 19) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a 2a(i) Qualified sick leave wages included on Form 944, Part 3, line 19, that were not included as wages reported on Form 944, Part 1, lines 4a and 4c, 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 944, Part 3, line 19, that were not included as wages reported on Form 944, Part 1, line 4a, 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 944, Part 3, line 20) . . . . . . . . . . . . . 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 944, Part 3, line 21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 944, Part 3, line 22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2g 2g(i) Qualified family leave wages included on Form 944, Part 3, line 22, that were not included as wages reported on Form 944, Part 1, lines 4a and 4c, 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 944, Part 3, line 22, that were not included as wages reported on Form 944, Part 1, line 4a, 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 944, Part 3, line 23) . . . . . . . . . 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 944, Part 3, line 24) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 1f or line 2o. Enter this amount on Form 944, Part 1, line 8d . . . . . . . . . . . . . . . . . . . . . . . . . . 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 944, Part 1, line 10f . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2q Instructions for Form 944 (2023) -21- |