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            Department of the Treasury                   Contents
            Internal Revenue Service
                                                         What's New    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  1
                                                         Reminders    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Publication 51
Cat. No. 10320R                                          Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
                                                         Introduction  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  6
                                                         1. Taxpayer Identification Numbers (TINs)                     . . . . . .  7
(Circular A), 
                                                         2. Who Are Employees? . . . . . . . . . . . . . . . . . . . . .            9
Agricultural                                             3. Wages and Other Compensation                   . . . . . . . . . . .    10
                                                         4. Social Security and Medicare Taxes                   . . . . . . . .    11
Employer's                                               5. Federal Income Tax Withholding                 . . . . . . . . . . .    12
                                                         6. Required Notice to Employees About the 
Tax Guide                                                Earned Income Credit (EIC) . . . . . . . . . . . . . .                     16
                                                         7. Depositing Taxes       . . . . . . . . . . . . . . . . . . . . . . .    16
For use in 2023                                          8. Form 943   . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    21
                                                         9. Reporting Adjustments on Form 943                    . . . . . . . .    22
                                                         10. Federal Unemployment (FUTA) Tax . . . . . . . .                        23
                                                         11. Reconciling Wage Reporting Forms . . . . . . . .                       24
                                                         12. How Do Employment Taxes Apply to 
                                                         Farmwork? . . . . . . . . . . . . . . . . . . . . . . . . . . .            25
                                                         How To Get Tax Help         . . . . . . . . . . . . . . . . . . . . . .    26
                                                         Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  29

                                                         Future Developments
                                                         For the latest information about developments related to 
                                                         Pub.  51,  such  as  legislation  enacted  after  it  was 
                                                         published, go to IRS.gov/Pub51.

                                                         What's New
                                                         Social security and Medicare tax for 2023.                    The rate of 
                                                         social  security  tax  on  taxable  wages,  including  qualified 
                                                         sick leave wages and qualified family leave wages paid in 
                                                         2023 for leave taken after March 31, 2021, and before Oc-
                                                         tober  1,  2021,  is  6.2%  each  for  the  employer  and  em-
                                                         ployee or 12.4% for both. Qualified sick leave wages and 
                                                         qualified family leave wages paid in 2023 for leave taken 
                                                         after March 31, 2020, and before April 1, 2021, aren't sub-
                                                         ject to the employer share of social security tax; therefore, 
                                                         the tax rate on these wages is 6.2%. The social security 
                                                         wage base limit is $160,200.
                                                         The Medicare tax rate is 1.45% each for the employee 
                                                         and  employer,  unchanged  from  2022.  There  is  no  wage 
Get forms and other information faster and easier at:    base limit for Medicare tax.
IRS.gov (English)    IRS.gov/Korean (한국어) 
IRS.gov/Spanish (Español)  • IRS.gov/Russian (Pусский) 
IRS.gov/Chinese (中文) IRS.gov/Vietnamese (Tiếng Việt) 

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Social security and Medicare taxes apply to the wages                for qualified sick and family leave wages under sections 
of  household  workers  you  pay  $2,600  or  more  in  cash         3131, 3132, and 3133 of the Internal Revenue Code, as 
wages in 2023.                                                       enacted under the American Rescue Plan Act of 2021 (the 
Qualified  small  business  payroll  tax  credit  for  in-           ARP),  for  leave  taken  after  March  31,  2021,  and  before 
creasing  research  activities. For  tax  years  beginning           October 1, 2021, have expired. However, employers that 
before  January  1,  2023,  a  qualified  small  business  may       pay  qualified  sick  and  family  leave  wages  in  2023  for 
elect to claim up to $250,000 of its credit for increasing re-       leave taken after March 31, 2020, and before October 1, 
search activities as a payroll tax credit. The Inflation Re-         2021,  are  eligible  to  claim  a  credit  for  qualified  sick  and 
duction  Act  of  2022  (the  IRA)  increases  the  election         family leave wages in 2023. See the 2023 Instructions for 
amount to $500,000 for tax years beginning after Decem-              Form 943 for more information.
ber 31, 2022. The payroll tax credit election must be made           Disaster  tax  relief. Disaster  tax  relief  is  available  for 
on or before the due date of the originally filed income tax         those impacted by disasters. For more information about 
return  (including  extensions).  The  portion  of  the  credit      disaster relief, go to IRS.gov/DisasterTaxRelief.
used against payroll taxes is allowed in the first calendar 
                                                                     Payroll  tax  credit  for  certain  tax-exempt  organiza-
quarter  beginning  after  the  date  that  the  qualified  small 
                                                                     tions affected by qualified disasters. Section 303(d) of 
business filed its income tax return. The election and de-
                                                                     the  Taxpayer  Certainty  and  Disaster  Tax  Relief  Act  of 
termination of the credit amount that will be used against 
                                                                     2020 allows for a payroll tax credit for certain tax-exempt 
the  employer’s  payroll  taxes  are  made  on  Form  6765, 
                                                                     organizations  affected  by  certain  qualified  disasters not 
Credit  for  Increasing  Research  Activities.  The  amount 
                                                                     related  to  COVID-19.  This  credit  is  claimed  on  Form 
from Form 6765, line 44, must then be reported on Form 
                                                                     5884-D (not on Form 943). Form 5884-D is filed after the 
8974, Qualified Small Business Payroll Tax Credit for In-
                                                                     Form 943 for the year for which the credit is being claimed 
creasing Research Activities.
                                                                     has been filed. For more information about this credit, go 
Starting in the first quarter of 2023, the payroll tax credit        to IRS.gov/Form5884D.
is first used to reduce the employer share of social secur-
ity  tax  up  to  $250,000  per  quarter  and  any  remaining        2023  withholding  tables. The  Percentage  Method  and 
credit reduces the employer share of Medicare tax for the            Wage  Bracket  Method  withholding  tables,  the  employer 
quarter. Any remaining credit, after reducing the employer           instructions  on  how  to  figure  employee  withholding,  and 
share  of  social  security  tax  and  the  employer  share  of      the amount to add to a nonresident alien employee's wa-
Medicare tax, is then carried forward to the next quarter.           ges  for  figuring  income  tax  withholding  are  included  in 
Form 8974 is used to determine the amount of the credit              Pub.  15-T,  Federal  Income  Tax  Withholding  Methods, 
that can be used in the current quarter. The amount from             available at IRS.gov/Pub15T.
Form 8974, line 12 or, if applicable, line 17, is reported on        Withholding on supplemental wages.     P.L. 115-97 low-
Form  943.  For  more  information  about  the  payroll  tax         ered the withholding rates on supplemental wages for tax 
credit,  see IRS.gov/ResearchPayrollTC.  Also  see  the              years beginning after 2017 and before 2026. See Supple-
line 17 instructions in the Instructions for Form 943 for in-        mental wages in section 5 for the withholding rates.
formation  on  reducing  your  record  of  tax  liability  for  this Certification  program  for  professional  employer  or-
credit.                                                              ganizations (PEOs).    The Stephen Beck, Jr., Achieving a 
Pubs. 51, 80, and 179 discontinued after 2023. Pub.                  Better Life Experience Act of 2014 required the IRS to es-
51; Pub. 80, Federal Tax Guide for Employers in the U.S.             tablish a voluntary certification program for PEOs. PEOs 
Virgin  Islands,  Guam,  American  Samoa,  and  the  Com-            handle various payroll administration and tax reporting re-
monwealth  of  the  Northern  Mariana  Islands;  and  Pub.           sponsibilities  for  their  business  clients  and  are  typically 
179,  Guía  Contributiva  Federal  para  Patronos  Puertorri-        paid a fee based on payroll costs. To become and remain 
queños, will no longer be available after 2023. Instead, in-         certified  under  the  certification  program,  certified  profes-
formation  specific  to  agricultural  employers  and  employ-       sional  employer  organizations  (CPEOs)  must  meet  vari-
ers  in  the  U.S.  territories  will  be  included  in  Pub.  15    ous  requirements  described  in  sections  3511  and  7705 
beginning with the Pub. 15 for use in 2024 (published De-            and related published guidance. Certification as a CPEO 
cember  2023).  Beginning  in  2024,  there  will  be  a  new        may affect the employment tax liabilities of both the CPEO 
Pub.  15  (sp)  that  is  a  Spanish-language  version  of  Pub.     and  its  customers.  A  CPEO  is  generally  treated  for  em-
15.                                                                  ployment tax purposes as the employer of any individual 
                                                                     who performs services for a customer of the CPEO and is 
                                                                     covered by a contract described in section 7705(e)(2) be-
                                                                     tween the CPEO and the customer (CPEO contract), but 
Reminders                                                            only for wages and other compensation paid to the indi-
The  COVID-19  related  credit  for  qualified  sick  and            vidual by the CPEO. To become a CPEO, the organization 
family  leave  wages  is  limited  to  leave  taken  after           must  apply  through  the  IRS  Online  Registration  System. 
March 31, 2020, and before October 1, 2021.  Gener-                  For more information or to apply to become a CPEO, go to 
ally, the credit for qualified sick and family leave wages,          IRS.gov/CPEO.  Also  see  Revenue  Procedure  2017-14, 
as  enacted  under  the  Families  First  Coronavirus  Re-           2017-3 I.R.B. 426,         available   at IRS.gov/irb/
sponse Act (FFCRA) and amended and extended by the                   2017-03_IRB#RP-2017-14.
COVID-related Tax Relief Act of 2020 for leave taken after           Outsourcing  payroll  duties. You're  responsible  to  en-
March 31, 2020, and before April 1, 2021, and the credit             sure that tax returns are filed and deposits and payments 

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are made, even if you contract with a third party to perform      marriage under the laws of at least one state, possession, 
these acts. You remain responsible if the third party fails       or territory of the United States, regardless of legal resi-
to perform any required action. Before you choose to out-         dence. Individuals who have entered into a registered do-
source any of your payroll and related tax duties (that is,       mestic partnership, a civil union, or other similar relation-
withholding,  reporting,  and  paying  over  social  security,    ship that isn't denominated as a marriage under the law of 
Medicare, FUTA, and income taxes) to a third-party payer,         the  state,  possession,  or  territory  of  the  United  States 
such as a payroll service provider or reporting agent, go to      where  such  relationship  was  entered  into  aren't  lawfully 
IRS.gov/OutsourcingPayrollDuties  for  helpful  information       married for federal tax purposes, regardless of legal resi-
on this topic. If a CPEO pays wages and other compensa-           dence.
tion to an individual performing services for you, and the        Differential wage payments. Qualified differential wage 
services  are  covered  by  a  contract  described  in  section   payments made by employers to individuals serving in the 
7705(e)(2) between you and the CPEO (CPEO contract),              U.S. Armed Forces are subject to income tax withholding 
then the CPEO is generally treated as the employer, but           but  not  social  security,  Medicare,  or  FUTA  taxes.  For 
only for wages and other compensation paid to the indi-           more information, see section 5 of Pub. 15.
vidual by the CPEO. However, with respect to certain em-
                                                                  Federal  tax  deposits  must  be  made  by  electronic 
ployees  covered  by  a  CPEO  contract,  you  may  also  be 
                                                                  funds  transfer  (EFT). You  must  use  EFT  to  make  all 
treated  as  an  employer  of  the  employees  and,  conse-
                                                                  federal tax deposits. Generally, an EFT is made using the 
quently, may also be liable for federal employment taxes 
                                                                  Electronic Federal Tax Payment System (EFTPS). If you 
imposed  on  wages  and  other  compensation  paid  by  the 
                                                                  don't  want  to  use  EFTPS,  you  can  arrange  for  your  tax 
CPEO  to  such  employees.  For  more  information  on  the 
                                                                  professional, financial institution, payroll service, or other 
different types of third-party payer arrangements, see sec-
                                                                  trusted third party to make electronic deposits on your be-
tion 16 of Pub. 15.
                                                                  half. Also, you may arrange for your financial institution to 
Aggregate  Form  943  filers. Approved  section  3504             initiate a same-day wire payment on your behalf. EFTPS 
agents  and  CPEOs  must  complete  Schedule  R  (Form            is a free service provided by the Department of the Treas-
943), Allocation Schedule for Aggregate Form 943 Filers,          ury. Services provided by your tax professional, financial 
when filing an aggregate Form 943. Aggregate Forms 943            institution, payroll service, or other third party may have a 
are  filed  by  agents  approved  by  the  IRS  under  section    fee.
3504 of the Internal Revenue Code. To request approval 
                                                                  For  more  information  on  making  federal  tax  deposits, 
to act as an agent for an employer, the agent files Form 
                                                                  see How To Deposit in section 7. To get more information 
2678 with the IRS. Aggregate Forms 943 are also filed by 
                                                                  about EFTPS or to enroll in EFTPS, go to   EFTPS.gov or 
CPEOs approved by the IRS under section 7705. To be-
                                                                  call 800-555-4477. To contact EFTPS using Telecommu-
come  a  CPEO,  the  organization  must  apply  through  the 
                                                                  nications Relay Services (TRS) for people who are deaf, 
IRS  Online  Registration  System  at IRS.gov/CPEO. 
                                                                  hard of hearing, or have a speech disability, dial 711 and 
CPEOs  file  Form  8973,  Certified  Professional  Employer 
                                                                  then provide the TRS assistant the 800-555-4477 number 
Organization/Customer  Reporting  Agreement,  to  notify 
                                                                  above  or  800-733-4829.  Additional  information  about 
the  IRS  that  they've  started  or  ended  a  service  contract 
                                                                  EFTPS is also available in Pub. 966.
with a client or customer. CPEOs must generally file Form 
943 and Schedule R (Form 943) electronically. For more            Electronic  filing  and  payment. Businesses  can  enjoy 
information about a CPEO's requirement to file electroni-         the  benefits  of  filing  tax  returns  and  paying  their  federal 
cally,  see  Revenue  Procedure  2017-14,  2017-3  I.R.B.         taxes electronically. Whether you rely on a tax professio-
426, available at IRS.gov/irb/2017-03_IRB#RP-2017-14.             nal or handle your own taxes, the IRS offers you conven-
Other third-party payers that file aggregate Forms 943,           ient programs to make filing and payment easier.
such  as  non-certified  PEOs,  must  complete  and  file         Spend  less  time  worrying  about  taxes  and  more  time 
Schedule R (Form 943) if they have clients that are claim-        running your business. Use e-file and EFTPS to your ben-
ing any employment tax credit (for example, the qualified         efit.
small  business  payroll  tax  credit  for  increasing  research     For e-file, go to IRS.gov/EmploymentEfile for addi-
activities).                                                           tional information. A fee may be charged to file elec-
Work opportunity tax credit for qualified tax-exempt                   tronically.
organizations  hiring  qualified  veterans.   Qualified 
tax-exempt  organizations  that  hire  eligible  unemployed          For EFTPS, go to EFTPS.gov, or call EFTPS Cus-
                                                                       tomer Service at 800-555-4477. To contact EFTPS 
veterans  may  be  able  to  claim  the  work  opportunity  tax 
                                                                       using TRS for people who are deaf, hard of hearing, or 
credit against their payroll tax liability using Form 5884-C. 
                                                                       have a speech disability, dial 711 and then provide the 
For more information, go to IRS.gov/WOTC.
                                                                       TRS assistant the 800-555-4477 number above or 
Definition of marriage. A marriage of two individuals is 
                                                                       800-733-4829.
recognized for federal tax purposes if the marriage is rec-
ognized by the state, possession, or territory of the United         For electronic filing of Form W-2, Wage and Tax 
States in which the marriage is entered into, regardless of            Statement, go to SSA.gov/employer. You may be re-
legal residence. Two individuals who enter into a relation-            quired to file Forms W-2 electronically. For details, 
ship that is denominated as a marriage under the laws of               see the General Instructions for Forms W-2 and W-3.
a foreign jurisdiction are recognized as married for federal 
tax purposes if the relationship would be recognized as a 

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        If you’re filing your tax return or paying your fed-           New  hire  reporting. You’re  required  to  report  any  new 
!       eral taxes electronically, a valid employer identifi-          employee to a designated state new-hire registry. A new 
CAUTION cation number (EIN) is required at the time the re-            employee is an employee who hasn't previously been em-
turn  is  filed  or  the  payment  is  made.  If  a  valid  EIN  isn't ployed by you or was previously employed by you but has 
provided, the return or payment won't be processed. This               been  separated  from  such  prior  employment  for  at  least 
may result in penalties. See Employer identification num-              60 consecutive days.
ber (EIN) in section 1 for more information about applying             Many states accept a copy of Form W-4 with employer 
for an EIN.                                                            information added. Go to the Office of Child Support En-
                                                                       forcement's  website  at acf.hhs.gov/css/employers  for 
Electronic funds withdrawal (EFW).   If you file your em-              more information.
ployment tax return electronically, you can e-file and use 
EFW  to  pay  the  balance  due  in  a  single  step  using  tax       Forms in Spanish. You can provide Formulario W-4(SP) 
preparation software or through a tax professional. How-               in place of Form W-4 to your Spanish-speaking employ-
ever,  don't  use  EFW  to  make  federal  tax  deposits.  For         ees. For more information, see Pub. 17(SP), El Impuesto 
more information on paying your taxes using EFW, go to                 Federal sobre los Ingresos (Para Personas Físicas).
IRS.gov/EFW.                                                           For  nonemployees,  such  as  independent  contractors, 
                                                                       Formulario W-9(SP), Solicitud y Certificación del Número 
Credit  or  debit  card  payments. You  can  pay  the  bal-
                                                                       de Identificación del Contribuyente, may be used in place 
ance due shown on your employment tax return by credit 
                                                                       of Form W-9, Request for Taxpayer Identification Number 
or debit card. Your payment will be processed by a pay-
                                                                       and Certification.
ment  processor  who  will  charge  a  processing  fee.  Don't 
use a credit or debit card to make federal tax deposits. For           References  in  this  publication  to  Form  W-4  or  Form 
more  information  on  paying  your  taxes  with  a  credit  or        W-9  also  apply  to  their  equivalent  Spanish  transla-
debit card, go to IRS.gov/PayByCard.                                   tions—Formulario W-4(SP) or Formulario W-9(SP).
                                                                       Information returns.  You must file Forms W-2 to report 
Online payment agreement.     You may be eligible to ap-
                                                                       wages  paid  to  employees.  You  may  also  be  required  to 
ply for an installment agreement online if you can't pay the 
                                                                       file information returns to report certain types of payments 
full amount of tax you owe when you file your employment 
                                                                       made  during  the  year.  For  example,  you  must  file  Form 
tax  return.  For  more  information,  see  the  instructions  for 
                                                                       1099-NEC,  Nonemployee  Compensation,  to  report  pay-
your employment tax return or go to IRS.gov/OPA.
                                                                       ments of $600 or more to persons not treated as employ-
Dishonored payments.      Any form of payment that is dis-             ees  (for  example,  independent  contractors)  for  services 
honored and returned from a financial institution is subject           performed for your trade or business. For details about fil-
to  a  penalty.  The  penalty  is  $25  or  2%  of  the  payment,      ing Forms 1099 and for information about required elec-
whichever  is  more.  However,  the  penalty  on  dishonored           tronic filing, see the General Instructions for Certain Infor-
payments of $24.99 or less is an amount equal to the pay-              mation Returns for general information, and the separate, 
ment.  For  example,  a  dishonored  payment  of  $18  is              specific  instructions  for  each  information  return  you  file 
charged a penalty of $18.                                              (for  example,  the  Instructions  for  Forms  1099-MISC  and 
When  you  hire  a  new  employee.   Ask  each  new  em-               1099-NEC).  Generally,  don't  use  Forms  1099  to  report 
ployee  to  complete  the  2023  Form  W-4,  or  its  Spanish          wages  and  other  compensation  you  paid  to  employees; 
version, Formulario W-4(SP), Certificado de Retenciones                report these amounts on Form W-2. See the General In-
del Empleado. Also, ask the employee to show you their                 structions for Forms W-2 and W-3 for details about filing 
social security card so that you can record the employee's             Form W-2 and for information about required electronic fil-
name and social security number (SSN) accurately. If the               ing.
employee  has  lost  the  card  or  recently  changed  names,          Technical  Services  Operation  (TSO).   The  IRS  oper-
have the employee apply for a duplicate or corrected card.             ates  the  TSO  to  answer  questions  about  reporting  on 
If the employee doesn't have a card, have the employee                 Forms W-2, W-3, and 1099, and other information returns. 
apply for one on Form SS-5, Application for a Social Se-               If you have questions related to reporting on information 
curity Card. See section 1 for more information.                       returns, call 866-455-7438 (toll free) or 304-263-8700 (toll 
Eligibility  for  employment. You  must  verify  that  each            call). Deaf or hard of hearing customers may call any of 
new  employee  is  legally  eligible  to  work  in  the  United        our  toll-free  numbers  using  their  choice  of  relay  service. 
States. This includes completing the U.S. Citizenship and              The  center  can  also  be  reached  by  email  at 
Immigration Services (USCIS) Form I-9, Employment Eli-                 mccirp@irs.gov. Don't include taxpayer identification num-
gibility  Verification.  You  can  get  Form  I-9  at USCIS.gov/       bers  (TINs)  or  attachments  in  email  because  email  isn't 
Forms. For more information, go to the USCIS website at                secure.
USCIS.gov/I-9-Central,    or  call   800-375-5283     or               Web-based application for an EIN. Go to  IRS.gov/EIN 
800-767-1833 (TTY).                                                    to apply for an EIN online. See section 1 for additional in-
You  may  use  the  Social  Security  Number  Verification             formation.
Service (SSNVS) at SSA.gov/employer/ssnv.htm to verify                 When  a  crew  leader  furnishes  workers  to  you. Re-
that an employee name matches an SSN. A person may                     cord the crew leader's name, address, and EIN. See sec-
have a valid SSN but not be authorized to work in the Uni-             tions   and 2 10.
ted States. You may use E-Verify at E-Verify.gov to con-               Change  of  business  address  or  responsible  party. 
firm the employment eligibility of newly hired employees.              Notify  the  IRS  immediately  if  you  change  your  business 

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address  or  responsible  party.  Complete  and  mail  Form            March 31, 2021, and before October 1, 2021, and re-
8822-B to notify the IRS of a business address or respon-              cords related to qualified wages for the employee re-
sible party change. For a definition of “responsible party,”           tention credit paid after June 30, 2021, should be kept 
see the Instructions for Form SS-4.                                    for at least 6 years. For more information on substan-
Ordering employer tax forms, instructions, and publi-                  tiation requirements, go to IRS.gov/PLC and IRS.gov/
cations. Go  to IRS.gov/OrderForms  to  order  current                 ERC.
forms, instructions, and publications; call 800-829-3676 to          Documentation to substantiate the amount of any em-
order prior-year forms and instructions. The IRS will proc-            ployer or employee share of social security tax that 
ess your order for forms and publications as soon as pos-              you deferred and paid for 2020.
sible. Don’t  resubmit  requests  you’ve  already  sent  us. 
                                                                     If  a  crew  leader  furnished  you  with  farmworkers,  you 
You can get forms and publications faster online.
                                                                     must keep a record of the name, permanent mailing ad-
Instead  of  ordering  paper  Forms  W-2  and  W-3,  con-            dress, and EIN of the crew leader. If the crew leader has 
sider filing them electronically using the SSA's free e-file         no  permanent  mailing  address,  record  their  present  ad-
service. Go to the SSA's Employer W-2 Filing Instructions            dress.
&  Information  webpage  at SSA.gov/employer  to  register 
for  Business  Services  Online.  You’ll  be  able  to  create       Private delivery services (PDSs).  You can use certain 
Forms W-2 online and submit them to the SSA by typing                PDSs designated by the IRS to meet the “timely mailing 
your wage information into easy-to-use fill-in fields. In ad-        as timely filing” rule for tax returns. Go to IRS.gov/PDS for 
dition, you can print out completed copies of Forms W-2              the current list of PDSs.
to  file  with  state  or  local  governments,  distribute  to  your The  PDS  can  tell  you  how  to  get  written  proof  of  the 
employees, and keep for your records. Form W-3 will be               mailing date.
created for you based on your Forms W-2.                             For  the  IRS  mailing  address  to  use  if  you’re  using  a 
Tax questions.  You can call the IRS Business and Spe-               PDS, go to IRS.gov/PDSstreetAddresses. Select the mail-
cialty  Tax  Line  with  your  employment  tax  questions  at        ing  address  listed  on  the  webpage  that  is  in  the  same 
800-829-4933  or  800-829-4059  (TDD/TTY  for  persons               state as the address to which you would mail returns filed 
who are deaf, hard of hearing, or have a speech disabil-             without a payment, as shown in the instructions for your 
ity). You may also use this number for assistance with un-           employment tax return.
resolved tax problems.                                                       PDSs can't deliver items to P.O. boxes. You must 
Recordkeeping.  Keep  all  records  of  employment  taxes            !       use the U.S. Postal Service to mail any item to an 
for at least 4 years. These should be available for IRS re-          CAUTION IRS P.O. box address.
view. Your records should include the following informa-
tion.                                                                Zero wage return.  If you haven't filed a “final” Form 940, 
                                                                     Employer's  Annual  Federal  Unemployment  (FUTA)  Tax 
Your EIN.                                                          Return, or Form 943, you must continue to file Forms 940 
Amounts and dates of all wage, annuity, and pension                and 943 even for years during which you paid no wages. 
  payments.                                                          The IRS encourages you to file your “zero wage” Forms 
Names, addresses, SSNs, and occupations of em-                     940   and    943   electronically. Go         to    IRS.gov/
  ployees and recipients.                                            EmploymentEfile for more information on electronic filing.
                                                                     Pub.  5146  explains  employment  tax  examinations 
Any employee copies of Forms W-2 and W-2c re-                      and appeal rights.  Pub. 5146 provides employers with 
  turned to you as undeliverable.                                    information  on  how  the  IRS  selects  employment  tax  re-
Dates of employment for each employee.                             turns to be examined, what happens during an exam, and 
                                                                     what options an employer has in responding to the results 
Periods for which employees and recipients were paid 
                                                                     of  an  exam,  including  how  to  appeal  the  results.  Pub. 
  while absent due to sickness or injury and the amount 
                                                                     5146 also includes information on worker classification is-
  and weekly rate of payments you or third-party payers 
                                                                     sues and tip exams.
  made to them.
                                                                     Photographs of missing children.   The IRS is a proud 
Copies of employees' and recipients' income tax with-              partner  with  the National  Center  for  Missing  &  Exploited 
  holding certificates (Forms W-4, W-4(SP), W-4P, and                Children® (NCMEC). Photographs of missing children se-
  W-4S).                                                             lected by the Center may appear in this publication on pa-
Dates and amounts of tax deposits you made and ac-                 ges  that  would  otherwise  be  blank.  You  can  help  bring 
  knowledgment numbers for deposits made by EFTPS.                   these  children  home  by  looking  at  the  photographs  and 
                                                                     calling  1-800-THE-LOST  (1-800-843-5678)  if  you  recog-
Copies of returns filed and confirmation numbers.
                                                                     nize a child.
Records of fringe benefits and expense reimburse-
  ments provided to your employees, including substan-
  tiation.
                                                                     Calendar
Documentation to substantiate any credits claimed. 
  Records related to qualified sick leave wages and                  The  following  is  a  list  of  important  dates  and 
  qualified family leave wages for leave taken after                 responsibilities.  The  dates  listed  here  haven’t  been 

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adjusted for Saturdays, Sundays, and legal holidays (see          File Form 945 to report any nonpayroll federal income 
the TIP next). Pub. 509, Tax Calendars (for use in 2023),           tax withheld. If you deposited all Form 945 taxes when 
adjusts  the  dates  for  Saturdays,  Sundays,  and  legal          due, you may file Form 945 by February 10.
holidays.  See section  7  for  information  about  depositing    By February 15 
taxes reported on Forms 943 and 945, Annual Return of 
                                                                  Ask for a new Form W-4 or Formulario W-4(SP) from 
Withheld  Federal  Income  Tax.  See section  10  for 
                                                                  each  employee  who  claimed  exemption  from  federal  in-
information  about  depositing  FUTA  tax.  Due  dates  for 
                                                                  come tax withholding last year.
forms required for health coverage reporting aren’t listed 
here. For these dates, see Pub. 509.                              On February 16 
       If any date shown next for filing a return, furnish-       Any Form W-4 claiming exemption from withholding for 
TIP    ing a form, or depositing taxes falls on a Saturday,       the previous year has now expired. Begin withholding for 
       Sunday, or legal holiday, the due date is the next         any  employee  who  previously  claimed  exemption  from 
business  day.  The  term  “legal  holiday”  means  any  legal    withholding but hasn't given you a new Form W-4 for the 
holiday in the District of Columbia. A statewide legal holi-      current year. If the employee doesn't give you a new Form 
day delays a filing due date only if the IRS office where         W-4, withhold tax as if they had checked the box for Sin-
you’re required to file is located in that state. However, a      gle or Married filing separately in Step 1(c) and made no 
statewide legal holiday doesn't delay the due date of fed-        entries in Step 2, Step 3, or Step 4 of the 2023 Form W-4. 
eral  tax  deposits.  See Deposits  Due  on  Business  Days       See section 5 for more information. If the employee gives 
Only in section 7. For any filing due date, you will meet the     you a new Form W-4 claiming exemption from withholding 
“file”  or  “furnish”  requirement  if  the  envelope  containing after February 15, you may apply the exemption to future 
the  return  or  form  is  properly  addressed,  contains  suffi- wages, but don't refund taxes withheld while the exempt 
cient postage, and is postmarked by the U.S. Postal Serv-         status wasn't in place.
ice on or before the due date, or sent by an IRS-designa-         By April 30, July 31, October 31, and January 31 
ted PDS on or before the due date. See Private delivery           Deposit FUTA taxes.    Deposit FUTA taxes if the unde-
services under Reminders, earlier, for more information.          posited amount is over $500.
Fiscal year taxpayers.    The due dates listed next apply         Before December 1 
whether you use a calendar or a fiscal year.                      Remind employees to submit a new Form W-4 if their 
                                                                  filing  status,  other  income,  deductions,  or  credits  have 
By January 31                                                     changed or will change for the next year.
  File Form 943. If you deposited all Form 943 taxes 
    when due, you may file Form 943 by February 10. See 
    section 8 for more information on Form 943.
                                                                  Introduction
  File Form 940 to report any FUTA tax. However, if you 
    deposited all the FUTA tax when due, you may file             This  publication  is  for  employers  of  agricultural  workers 
    Form 940 by February 10. See section 10 for more in-          (farmworkers). It contains information that you may need 
    formation on FUTA tax.                                        to  comply  with  the  laws  for  agricultural  labor  (farmwork) 
                                                                  relating to social security and Medicare taxes, FUTA tax, 
  File with the SSA Copy A of all 2022 paper and elec-          and withheld federal income tax (employment taxes). Ag-
    tronic Forms W-2 with Form W-3, Transmittal of Wage           ricultural  employers  report  social  security  and  Medicare 
    and Tax Statements. For more information on report-           taxes and withheld federal income tax on Form 943 and 
    ing Form W-2 information to the SSA electronically, go        report FUTA tax on Form 940. References to “income tax” 
    to the SSA's Employer W-2 Filing Instructions & Infor-        in  this  guide  apply  only  to  federal  income  tax.  Contact 
    mation webpage at SSA.gov/employer. If filing elec-           your state or local tax department to determine their rules.
    tronically via the SSA's Form W-2 Online service, the         When you pay your employees, you don't pay them all 
    SSA will generate Form W-3 data from the electronic           the money they earned. As their employer, you have the 
    submission of Form(s) W-2.                                    added  responsibility  of  withholding  taxes  from  their  pay-
  Furnish each employee a completed 2022 Form W-2.              checks. The federal income tax and employees' share of 
                                                                  social security and Medicare taxes that you withhold from 
  File with the IRS Copy A of all 2022 paper and elec-
                                                                  your  employees'  paychecks  are  part  of  their  wages  that 
    tronic Forms 1099-NEC that report nonemployee 
                                                                  you pay to the U.S. Treasury instead of to your employ-
    compensation. Paper forms must be filed with Form 
                                                                  ees. Your employees trust that you pay the withheld taxes 
    1096, Annual Summary and Transmittal of U.S. Infor-
                                                                  to the U.S. Treasury by making federal tax deposits. This 
    mation Returns. For information on filing information 
                                                                  is  the  reason  that  these  withheld  taxes  are  called  trust 
    returns electronically with the IRS, see Pub. 1220. 
                                                                  fund taxes. If federal income, social security, or Medicare 
    Other Forms 1099, including Forms 1099-MISC, have 
                                                                  taxes  that  must  be  withheld  aren't  withheld  or  aren't  de-
    different due dates. See the General Instructions for 
                                                                  posited or paid to the U.S. Treasury, the trust fund recov-
    Certain Information Returns for more information.
                                                                  ery penalty may apply. See section 7 for more information.
  Furnish each recipient to whom you paid $600 or               If  you  have  nonfarm  employees,  see  Pub.  15.  If  you 
    more in nonemployee compensation a completed                  have employees in the U.S. Virgin Islands, Guam, Ameri-
    Form 1099-NEC.                                                can  Samoa,  or  the  Commonwealth  of  the  Northern 

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Mariana  Islands,  see  Pub.  80.  Pub.  15-A  contains  more 
employment-related  information,  including  information 
about sick pay and pension income. Pub. 15-B contains                    1. Taxpayer Identification 
information about the employment tax treatment and valu-
                                                                         Numbers (TINs)
ation  of  various  types  of  noncash  compensation.  Pub. 
15-T  includes  the  federal  income  tax  withholding  tables 
                                                                         If  you’re  required  to  withhold  any  federal  income,  social 
and instructions on how to use the tables. For additional 
                                                                         security, or Medicare taxes, you will need an EIN for your-
information  about  employment  taxes,  go  to             IRS.gov/
                                                                         self. Also, you will need the SSN of each employee and 
EmploymentTaxes. For general tax information relevant to 
                                                                         the name of each employee as shown on the employee's 
agricultural               employers, go      to           IRS.gov/
                                                                         social security card.
AgricultureTaxCenter.
                                                                         Employer  identification  number  (EIN). An  EIN  is  a 
Comments  and  suggestions.           We  welcome  your  com-
                                                                         nine-digit  number  that  the  IRS  issues.  The  digits  are  ar-
ments  about  this  publication  and  suggestions  for  future 
                                                                         ranged  as  follows:  00-0000000.  It  is  used  to  identify  the 
editions
                                                                         tax  accounts  of  employers  and  certain  others  who  have 
You  can  send  us  comments  through                      IRS.gov/
                                                                         no employees. Use your EIN on all of the items that you 
FormComments.
                                                                         send to the IRS and the SSA.
Or you can write to:
                                                                         If you don't have an EIN, you may apply for one online 
Internal Revenue Service                                                 by going to IRS.gov/EIN. You may also apply for an EIN 
Tax Forms and Publications                                               by faxing or mailing Form SS-4 to the IRS. If the principal 
1111 Constitution Ave. NW, IR-6526                                       business was created or organized outside of the United 
Washington, DC 20224                                                     States or U.S. territories, you may also apply for an EIN by 
                                                                         calling 267-941-1099 (toll call). Don't use an SSN in place 
Although  we  can’t  respond  individually  to  each  com-               of an EIN.
ment received, we do appreciate your feedback and will                   If you don't have an EIN by the time a return is due, file 
consider  your  comments  and  suggestions  as  we  revise               a paper return and write “Applied For” and the date you 
our tax forms, instructions, and publications.             Don’t send    applied  for  it  in  the  space  shown  for  the  number.  If  you 
tax questions, tax returns, or payments to the above ad-                 took over another employer's business, don't use that em-
dress.                                                                   ployer's EIN.
                                                                         You should have only one EIN. If you have more than 
Getting answers to your tax questions.                     If you have a one,  and  aren't  sure  which  one  to  use,  call  the  toll-free 
tax  question  not  answered  by  this  publication,  check              Business  and  Specialty  Tax  Line  at  800-829-4933  or 
IRS.gov and                How To Get Tax Help at the end of this publi- 800-829-4059 (TDD/TTY for persons who are deaf, hard 
cation.                                                                  of hearing, or have a speech disability). Provide the EINs 
                                                                         that you have, the name and address to which each num-
Disregarded entities and qualified subchapter S sub-                     ber was assigned, and the address of your principal place 
sidiaries (QSubs).         Eligible single-owner disregarded en-         of  business.  The  IRS  will  tell  you  which  EIN  to  use.  For 
tities and QSubs are treated as separate entities for em-                more information, see Pub. 1635.
ployment  tax  purposes.  Eligible  single-member  entities 
                                                                                 Always be sure the EIN on the form you file ex-
must report and pay employment taxes on wages paid to 
                                                                                 actly  matches  the  EIN  the  IRS  assigned  to  your 
their employees using the entities' own names and EINs.                  CAUTION!
                                                                                 business.  Don't  use  your  SSN  or  individual  tax-
See     Regulations        sections           1.1361-4(a)(7)    and 
                                                                         payer identification number (ITIN) on forms that ask for an 
301.7701-2(c)(2)(iv).
                                                                         EIN. If you used an EIN (including a prior owner's EIN) on 
                                                                         Form 943 that is different from the EIN reported on Form 
Useful Items                                                             W-3, see Box h—Other EIN used this year in the General 
You may want to see:                                                     Instructions for Forms W-2 and W-3. The name and EIN 
                                                                         on Form 945 must match the name and EIN on your infor-
Publication                                                              mation returns where federal income tax withholding is re-
  15    15 Employer's Tax Guide                                          ported (for example, backup withholding reported on Form 
                                                                         1099-NEC). Filing a Form 945 with an incorrect EIN or us-
  15-A           15-A Employer's Supplemental Tax Guide                  ing another business's EIN may result in penalties and de-
  15-B           15-B Employer's Tax Guide to Fringe Benefits            lays in processing your return.

  15-T      15-T Federal Income Tax Withholding Methods                  When  you  receive  your  EIN.  If  you’re  a  new  em-
  225   225 Farmer's Tax Guide                                           ployer  that  indicated  a  federal  tax  obligation  when  re-
                                                                         questing an EIN, you will be pre-enrolled in EFTPS. You 
  535   535 Business Expenses                                            will  receive  information  in  your  EIN  Package  about  Ex-
                                                                         press  Enrollment  and  an  additional  mailing  containing 
  583   583 Starting a Business and Keeping Records
                                                                         your EFTPS personal identification number (PIN) and in-
  1635                1635 Employer Identification Number:               structions for activating your PIN. Call the toll-free number 
        Understanding Your EIN

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located in your “How To Activate Your EFTPS Enrollment”               If the SSA issues the employee an updated card after a 
brochure  to  activate  your  enrollment  and  begin  making       name change, or a new card with a different SSN after a 
your  employment  tax  deposits.  If  you  outsource  any  of      change in alien work status, file a Form W-2c to correct 
your payroll and related tax duties to a third-party payer,        the  name/SSN  reported  on  the  most  recently  filed  Form 
such as a payroll service provider or reporting agent, be          W-2. It isn't necessary to correct other years if the previ-
sure to tell them about your EFTPS enrollment.                     ous name and SSN were used for years before the most 
                                                                   recent Form W-2.
Social  security  number  (SSN). An  employee's  SSN 
consists of nine digits arranged as follows: 000-00-0000.          IRS  individual  taxpayer  identification  numbers 
You  must  obtain  each  employee's  name  and  SSN  as            (ITINs)  for  aliens. Don't  accept  an  ITIN  in  place  of  an 
shown  on  the  employee's  social  security  card  because        SSN  for  employee  identification  or  for  work.  An  ITIN  is 
you must enter them on Form W-2. Don't accept a social             only  available  to  resident  and  nonresident  aliens  who 
security  card  that  says  “Not  valid  for  employment.”  An     aren't eligible for U.S. employment and need identification 
SSN issued with this legend doesn't permit employment.             for other tax purposes. You can identify an ITIN because 
You may, but aren't required to, photocopy the social se-          it’s a nine-digit number, formatted like an SSN, that starts 
curity card if the employee provides it. If you don't show         with the number “9” and has a range of numbers from “50–
the employee's correct name and SSN on Form W-2, you               65,” “70–88,” “90–92,” and “94–99” for the fourth and fifth 
may  owe  a  penalty  unless  you  have  reasonable  cause.        digits  (for  example,  9NN-7N-NNNN).  For  more  informa-
See  Pub.  1586,  Reasonable  Cause  Regulations  &  Re-           tion about ITINs, see the Instructions for Form W-7 or go 
quirements for Missing and Incorrect Name/TINs, for infor-         to IRS.gov/ITIN.
mation on the requirement to solicit the employee's SSN.
                                                                           An individual with an ITIN who later becomes eli-
Applying  for  a  social  security  card. Any  employee               !    gible to work in the United States must obtain an 
who  is  legally  eligible  to  work  in  the  United  States  and CAUTION SSN. If the individual is currently eligible to work 
doesn't have a social security card can get one by com-            in the United States, instruct the individual to apply for an 
pleting  Form  SS-5  and  submitting  the  necessary  docu-        SSN  and  follow  the  instructions  under Applying  for  an 
mentation  to  the  SSA.  You  can  get  Form  SS-5  at            SSN,  earlier.  Don't  use  an  ITIN  in  place  of  an  SSN  on 
SSA.gov/forms/ss-5.pdf,  at  SSA  offices,  or  by  calling        Form W-2.
800-772-1213  or  800-325-0778  (TTY).  The  employee 
must complete and sign Form SS-5; it can't be filed by the         Verification of SSNs.  Employers and authorized report-
employer. You may be asked to supply a letter to accom-            ing agents can use the Social Security Number Verifica-
pany  Form  SS-5  if  the  employee  has  exceeded  their          tion Service (SSNVS) to instantly verify that an employee 
yearly or lifetime limit for the number of replacement cards       name matches an SSN for up to 10 names and SSNs (per 
allowed.                                                           screen)  at  a  time,  or  submit  an  electronic  file  of  up  to 
                                                                   250,000 names and SSNs and usually receive results the 
Applying for an SSN.  If you file Form W-2 on paper and            next business day. Go to SSA.gov/employer/ssnv.htm for 
your employee has applied for an SSN but doesn't have              more information. A person may have a valid SSN but not 
one when you must file Form W-2, enter “Applied For” on            be  authorized  to  work  in  the  United  States.  Employers 
the  form.  If  you’re  filing  electronically,  enter  all  zeros may  use  E-Verify  at E-Verify.gov  to  confirm  the  employ-
(000-00-0000 if creating forms online or 000000000 if up-          ment eligibility of newly hired employees.
loading  a  file)  in  the  SSN  field.  When  the  employee  re-
ceives  the  SSN,  file  Copy  A  of  Form  W-2c,  Corrected          Registering  for  SSNVS. You  must  register  online  to 
Wage and Tax Statement, with the SSA to show the em-               use  SSNVS.  To  register,  go  to  the  SSA's  website  at 
ployee's SSN. Furnish Copies B, C, and 2 of Form W-2c              SSA.gov/bso  and  click  on  the Register  link  under Busi-
to  the  employee.  Up  to  25  Forms  W-2c  for  each  Form       ness Services Online. Follow the registration instructions 
W-3c,  Transmittal  of  Corrected  Wage  and  Tax  State-          to obtain a user identification (ID) and password. You will 
ments, may be filed per session over the Internet, with no         need  to  provide  the  following  information  about  yourself 
limit on the number of sessions. For more information, go          and your company.
to the SSA's Employer W-2 Filing Instructions & Informa-            Name.
tion  webpage  at SSA.gov/employer.  Advise  your  em-
                                                                    SSN.
ployee to correct the SSN on their original Form W-2.
                                                                    Date of birth.
Correctly record the employee's name and SSN.        Re-
cord  the  name  and  SSN  of  each  employee  as  they’re          Type of employer.
shown on the employee's social security card. If the em-            EIN.
ployee's name isn't correct as shown on the card (for ex-
                                                                    Company name, address, and telephone number.
ample,  because  of  marriage  or  divorce),  the  employee 
should request an updated card from the SSA. Continue               Email address.
to report the employee's wages under the old name until            When you have completed the online registration process, 
the employee shows you an updated social security card             the SSA will mail a one-time activation code to you. You 
with the corrected name.                                           must enter the activation code online to use SSNVS. Your 
                                                                   employees  must  receive  authorization  from  you  to  use 

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SSNVS.  If  your  employees  register,  the  one-time  activa-     horticultural  commodities,  such  as  a  retail  store  or  a 
tion code will be mailed to you.                                   greenhouse  used  primarily  for  display  or  storage.  It  also 
                                                                   doesn't  include  processing  services  that  change  a  com-
                                                                   modity from its raw or natural state, or services performed 
                                                                   after a commodity has been changed from its raw or natu-
2. Who Are Employees?
                                                                   ral state.
Generally,  employees  are  defined  either  under  common         The  table  in  section  12, How  Do  Employment  Taxes 
law or under statutes for certain situations. See Pub. 15-A        Apply to Farmwork, distinguishes between farm and non-
for details on statutory employees and nonemployees.               farm activities, and also addresses rules that apply in spe-
                                                                   cial situations.
Employee  status  under  common  law.       Generally,  a 
worker who performs services for you is your employee if 
you have the right to control what will be done and how it         Crew Leaders
will be done. This is so even when you give the employee 
                                                                   If you’re a crew leader, you’re an employer of farmwork-
freedom of action. What matters is that you have the right 
                                                                   ers. A crew leader is a person who furnishes and pays (ei-
to control the details of how the services are performed. 
                                                                   ther on their own behalf or on behalf of the farm operator) 
See Pub. 15-A for more information on how to determine 
                                                                   workers to do farmwork for the farm operator. If there is no 
whether an individual providing services is an independ-
                                                                   written  agreement  between  you  and  the  farm  operator 
ent contractor or an employee.
                                                                   stating that you’re their employee and if you pay the work-
If an employer-employee relationship exists, it doesn't            ers  (either  for  yourself  or  for  the  farm  operator),  then 
matter what it is called. The employee may be called an            you’re a crew leader. For FUTA tax rules, see section 10.
agent  or  independent  contractor.  It  also  doesn't  matter 
how payments are measured or paid, what they’re called,            If you're a crew leader, you're not considered the em-
or if the employee works full or part time.                        ployee of the farm operator for services you perform in fur-
                                                                   nishing farmworkers and as a member of the crew.
You’re responsible for withholding and paying employ-
ment taxes for your employees. You’re also required to file 
employment tax returns. These requirements don't apply             Business Owned and Operated by 
to amounts that you pay to independent contractors. The            Spouses
rules  discussed  in  this  publication  apply  only  to  workers 
who are your employees.                                            If you and your spouse jointly own and operate a farm or 
In  general,  you’re  an  employer  of  farmworkers  if  your      nonfarm business and share in the profits and losses, you 
employees:                                                         may be partners in a partnership, whether or not you have 
                                                                   a  formal  partnership  agreement.  See  Pub.  541  for  more 
Raise or harvest agricultural or horticultural products          details. The partnership is considered the employer of any 
  on your farm (including the raising and feeding of live-         employees and is liable for any employment taxes due on 
  stock);                                                          wages paid to its employees.
Work in connection with the operation, management, 
  conservation, improvement, or maintenance of your                Exception—Qualified  joint  venture. For  tax  years  be-
  farm and its tools and equipment, if the major part of           ginning after 2006, the Small Business and Work Oppor-
  such service is performed on a farm;                             tunity Tax Act of 2007 (Public Law 110-28) provides that a 
                                                                   “qualified  joint  venture,”  whose  only  members  are  spou-
Provide services relating to salvaging timber, or clear-         ses filing a joint income tax return, can elect not to be trea-
  ing land of brush and other debris, left by a hurricane          ted as a partnership for federal tax purposes. A qualified 
  (also known as hurricane labor) if the major part of             joint venture conducts a trade or business where:
  such service is performed on a farm;
                                                                   The only members of the joint venture are spouses 
Handle, process, or package any agricultural or horti-             who file a joint income tax return,
  cultural commodity in its unmanufactured state, if you 
  produced over half of the commodity (for a group of              Both spouses materially participate (see Material par-
  up to 20 unincorporated operators, all of the commod-              ticipation in the instructions for Schedule C (Form 
  ity); or                                                           1040), line G) in the trade or business (mere joint own-
                                                                     ership of property isn't enough),
Do work for you related to cotton ginning, turpentine, 
  gum resin products, or the operation and maintenance             Both spouses elect to not be treated as a partnership, 
  of irrigation facilities.                                          and
For this purpose, the term “farm” includes stock, dairy,           The business is co-owned by both spouses and isn't 
poultry, fruit, fur-bearing animal, and truck farms, as well         held in the name of a state law entity such as a part-
as  plantations,  ranches,  nurseries,  ranges,  greenhouses         nership or limited liability company (LLC).
or other similar structures used primarily for the raising of      To  make  the  election,  all  items  of  income,  gain,  loss, 
agricultural or horticultural commodities, and orchards.           deduction, and credit must be divided between the spou-
Farmwork doesn't include reselling activities that don't           ses, in accordance with each spouse's interest in the ven-
involve  any  substantial  activity  of  raising  agricultural  or ture, and reported on a separate Schedule C (Form 1040) 

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or  Schedule  F  (Form  1040)  as  sole  proprietors.  Each       and your employee can agree to have federal income tax 
spouse  must  also  file  a  separate  Schedule  SE  (Form        withheld on noncash wages.
1040) to pay self-employment taxes, as applicable.                Noncash wages, including commodity wages, are trea-
Spouses using the qualified joint venture rules are trea-         ted as cash wages if the substance of the transaction is a 
ted as sole proprietors for federal tax purposes and gener-       cash  payment.  Noncash  wages  treated  as  cash  wages 
ally don't need an EIN. If employment taxes are owed by           are subject to social security taxes, Medicare taxes, and 
the qualified joint venture, either spouse may report and         federal income tax withholding.
pay the employment taxes due on the wages paid to the             Report  the  value  of  noncash  wages  in  box  1  of  Form 
employees using the EIN of that spouse's sole proprietor-         W-2 together with cash wages. Noncash wages for farm-
ship. Generally, filing as a qualified joint venture won't in-    work  are  subject  to  federal  income  tax  unless  a  specific 
crease the spouses' total tax owed on the joint income tax        exclusion applies. Don't show noncash wages in box 3 or 
return. However, it gives each spouse credit for social se-       5 of Form W-2 (unless the substance of the transaction is 
curity  earnings  on  which  retirement  benefits  are  based     a  cash  payment  and  they’re  being  treated  as  cash  wa-
and for Medicare coverage without filing a partnership re-        ges).
turn.
Note. If your spouse is your employee, not your part-             Other  compensation. Pubs.  15-A  and  15-B  discuss 
ner, you must withhold and pay federal income, social se-         other forms of compensation that may be taxable.
curity, and Medicare taxes for them. However, the wages 
                                                                  Family members. Generally, the wages that you pay to 
aren’t subject to FUTA tax.
                                                                  family  members  who  are  your  employees  are  subject  to 
For more information on qualified joint ventures, go to 
                                                                  social  security  and  Medicare  taxes,  federal  income  tax 
IRS.gov/QJV.
                                                                  withholding, and FUTA tax. However, certain exemptions 
Exception—Community  income.            If  you  and  your        may apply for your child, spouse, or parent. See the table, 
spouse wholly own an unincorporated business as com-              How Do Employment Taxes Apply to Farmwork, in
munity property under the community property laws of a            section 12.
state,  foreign  country,  or  U.S.  possession,  you  can  treat 
                                                                  Household employees. The wages of an employee who 
the business either as a sole proprietorship (of the spouse 
                                                                  performs household services, such as a maid, babysitter, 
who carried on the business) or a partnership. You may 
                                                                  gardener,  or  cook,  in  your  home  aren't  subject  to  social 
still make an election to be taxed as a qualified joint ven-
                                                                  security  and  Medicare  taxes  if  you  pay  that  employee 
ture  instead  of  a  partnership.  See Exception—Qualified 
                                                                  cash wages of less than $2,600 in 2023.
joint venture, earlier in this section.
                                                                  Social security and Medicare taxes don't apply to cash 
                                                                  wages for housework in your private home if it was done 
                                                                  by  your  spouse  or  your  child  under  age  21.  Nor  do  the 
3. Wages and Other                                                taxes apply to housework done by your parent unless:
Compensation                                                      You have a child (including an adopted child or step-
                                                                    child) living in your home who is under age 18 or has a 
Cash wages that you pay to employees for farmwork are               physical or mental condition that requires care by an 
generally subject to social security tax and Medicare tax.          adult for at least 4 continuous weeks in the calendar 
You may also be required to withhold, deposit, and report           quarter services were performed; and
Additional Medicare Tax. See section 4 for more informa-          You’re a widow or widower, or divorced and not re-
tion. If the wages are subject to social security and Medi-         married, or have a spouse in the home who, because 
care taxes, they’re also subject to federal income tax with-        of a physical or mental condition, can't care for your 
holding. You’re liable for the payment of these taxes to the        child for at least 4 continuous weeks in the calendar 
federal government whether or not you collect them from             quarter services were performed.
your  employees.  If,  for  example,  you  withhold  less  than 
                                                                  For more information, see Pub. 926.
the correct tax from an employee's wages, you’re still lia-
ble for the full amount. You may also be liable for FUTA                  Wages for household work are generally not a de-
tax, which isn't withheld by you or paid by the employee.         !       ductible farm expense. See Nondeductible Pay in 
FUTA tax is discussed in section 10. Cash wages include           CAUTION chapter 4 of Pub. 225 for more information.
checks, money orders, and any kind of money or cash.
For more information on what payments are considered              Share farmers. You don't have to withhold or pay social 
taxable wages, see Pub. 15.                                       security  and  Medicare  taxes  on  amounts  paid  to  share 
                                                                  farmers under share-farming arrangements.
Noncash wages (including commodity wages).         Non-
cash wages include food, lodging, clothing, transportation        Compensation  paid  to  H-2A  visa  holders.           Report 
passes,  farm  products,  or  other  goods  or  commodities.      compensation of $600 or more paid to foreign agricultural 
Noncash wages paid to farmworkers, including commod-              workers who entered the country on H-2A visas in box 1 of 
ity wages, aren't subject to social security taxes, Medicare      Form  W-2  but  don't  report  it  as  social  security  wages 
taxes,  or  federal  income  tax  withholding.  However,  you     (box 3) or Medicare wages (box 5) on Form W-2 because 
                                                                  compensation paid to H-2A workers for agricultural labor 

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performed in connection with this visa isn't subject to so-      Is paid piece rates in an operation that is usually paid 
cial  security  and  Medicare  taxes.  On  Form  W-2,  don't       on a piece-rate basis in the region of employment,
check  box  13  (Statutory  employee),  as  H-2A  workers 
                                                                 Commutes daily from their permanent home to the 
aren't statutory employees.
                                                                   farm, and
An  employer  isn't  required  to  withhold  federal  income 
tax from compensation paid to an H-2A worker for agricul-        Had been employed in agriculture less than 13 weeks 
tural labor performed in connection with this visa but may         in the preceding calendar year.
withhold  if  the  worker  asks  for  withholding  and  the  em-
ployer agrees. In that case, the worker must give the em-       Social Security and Medicare Tax 
ployer a completed Form W-4. Federal income tax with-
                                                                Withholding
held should be reported in box 2 of Form W-2.
These reporting rules apply when the H-2A worker pro-
                                                                The tax rate for social security is 6.2% (amount withheld) 
vides their TIN to the employer. If the H-2A worker doesn't 
                                                                each  for  the  employer  and  employee  (12.4%  total).  The 
provide  a  TIN  and  the  total  annual  wages  to  the  H-2A 
                                                                social security wage base limit is $160,200. The tax rate 
worker  are  at  least  $600,  the  employer  is  required  to 
                                                                for Medicare is 1.45% (amount withheld) each for the em-
backup  withhold.  See  the  Instructions  for  Forms 
                                                                ployee and employer (2.9% total). There is no wage base 
1099-MISC and 1099-NEC and the Instructions for Form 
                                                                limit  for  Medicare  tax;  all  covered  wages  are  subject  to 
945.
                                                                Medicare tax.
For more information on foreign agricultural workers on 
H-2A visas, go to IRS.gov/H2A.                                     Social security and Medicare taxes apply to most pay-
                                                                ments of sick pay, including payments made by third par-
                                                                ties  such  as  insurance  companies.  For  details,  see  sec-
4. Social Security and                                          tion 6 of Pub. 15-A.
                                                                        Qualified  sick  leave  wages  and  qualified  family 
Medicare Taxes                                                     !    leave wages for leave taken after March 31, 2020, 
                                                                CAUTION and before April 1, 2021, aren't subject to the em-
Generally, you must withhold social security and Medicare 
                                                                ployer share of social security tax; therefore, the tax rate 
taxes on all cash wage payments that you make to your 
                                                                on these wages is 6.2%. Qualified sick leave wages and 
employees.  You  may  also  be  required  to  withhold  Addi-
                                                                qualified  family  leave  wages  for  leave  taken  after  March 
tional Medicare Tax. For more information, see Additional 
                                                                31, 2021, and before October 1, 2021, are subject to both 
Medicare Tax withholding, later.
                                                                the employer share (6.2%) and employee share (6.2%) of 
                                                                social security tax (12.4% total).
The $150 Test or the $2,500 Test
                                                                        For purposes of this publication, all references to 
All  cash  wages  that  you  pay  to  an  employee  during  the TIP     “sick pay” mean ordinary sick pay, not “qualified 
year for farmwork are subject to social security and Medi-              sick leave wages” under the FFCRA, as amended 
care taxes and federal income tax withholding if either of      by  the  COVID-related  Tax  Relief  Act  of  2020,  and  the 
the two tests below is met.                                     ARP.
You pay cash wages to an employee of $150 or more 
  in a year for farmwork (count all cash wages paid on a        Additional  Medicare  Tax  withholding. In  addition  to 
  time, piecework, or other basis). The $150 test applies       withholding Medicare tax at 1.45%, you must withhold a 
  separately to each farmworker that you employ. If you         0.9% Additional Medicare Tax from wages you pay to an 
  employ a family of workers, each member is treated            employee  in  excess  of  $200,000  in  a  calendar  year. 
  separately. Don't count wages paid by other employ-           You’re required to begin withholding Additional Medicare 
  ers.                                                          Tax in the pay period in which you pay wages in excess of 
                                                                $200,000 to an employee and continue to withhold it each 
The total that you pay for farmwork (cash and non-
                                                                pay  period  until  the  end  of  the  calendar  year.  Additional 
  cash) to all your employees is $2,500 or more during 
                                                                Medicare Tax is only imposed on the employee. There is 
  the year.
                                                                no employer share of Additional Medicare Tax. All wages 
Exceptions. Annual  cash  wages  of  less  than  $150  you      that are subject to Medicare tax are subject to Additional 
pay to a seasonal farmworker aren't subject to social se-       Medicare  Tax  withholding  if  paid  in  excess  of  the 
curity and Medicare taxes, or federal income tax withhold-      $200,000 withholding threshold.
ing, even if you pay $2,500 or more to all your farmwork-          For  more  information  on  what  wages  are  subject  to 
ers. However, these wages count toward the $2,500 test          Medicare  tax,  see  the  chart,  Special  Rules  for  Various 
for  determining  whether  other  farmworkers'  wages  are      Types  of  Services  and  Payments,  in  section  15  of  Pub. 
subject to social security and Medicare taxes.                  15. For more information on Additional Medicare Tax, go 
A seasonal farmworker is a worker who:                          to IRS.gov/ADMTfaqs.

Is employed in agriculture as a hand-harvest laborer,         Employee share paid by employer.  If you would rather 
                                                                pay  a  household  or  agricultural  employee's  share  of  the 
                                                                social  security  and  Medicare  taxes  without  withholding 

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them from the employee’s wages, you may do so. If you             a withholding allowance was tied to the amount of the per-
don't withhold the taxes, however, you must still pay them        sonal  exemption.  Due  to  changes  in  the  law,  taxpayers 
on behalf of the employee. Any employee social security           can no longer claim personal exemptions or dependency 
and Medicare taxes that you pay are additional income to          exemptions; therefore, Form W-4 no longer asks an em-
the employee. Include it in box 1 of the employee's Form          ployee  to  report  the  number  of  withholding  allowances 
W-2,  but  don't  count  it  as  social  security  and  Medicare  that  they  are  claiming.  The  revised  Form  W-4  is  divided 
wages and don't include it in boxes 3 and 5. Also, don't          into five steps. Step 1 and Step 5 apply to all employees. 
count the additional income as wages for FUTA tax purpo-          In Step 1, employees enter personal information like their 
ses. Different rules apply to employer payments of social         name  and  filing  status.  In  Step  5,  employees  sign  the 
security  and  Medicare  taxes  for  non-household  and           form.  Employees  who  complete  only  Step  1  and  Step  5 
non-agricultural employees. See section 7 of Pub. 15-A.           will have their withholding figured based on their filing sta-
                                                                  tus’s standard deduction and tax rates with no other ad-
Example. Gavrielle operates a small family fruit farm.            justments.  If  applicable,  in  Step  2,  employees  increase 
Gavrielle employs day laborers in the picking season to al-       their withholding to account for higher tax rates due to in-
low  Gavrielle  time  to  get  the  crops  to  market.  Gavrielle come  from  other  jobs  in  their  household.  Under  Step  2, 
doesn't  deduct  the  employees'  share  of  social  security     employees either enter an additional amount to withhold 
and Medicare taxes from their pay; instead, Gavrielle pays        per  payroll  period  in  Step  4(c)  or  check  the  box  in  Step 
it on their behalf. When Gavrielle prepares the employees'        2(c) for higher withholding rate tables to apply to their wa-
Forms W-2, Gavrielle adds each employee's share of so-            ges. In Step 3, employees decrease their withholding by 
cial security and Medicare taxes that Gavrielle paid to the       reporting the annual amount of any credits they will claim 
employee's  wage  income  (box  1  of  Form  W-2),  but           on their income tax return. In Step 4, employees may in-
doesn't include it in box 3 (social security wages) or box 5      crease or decrease their withholding based on the annual 
(Medicare wages and tips).                                        amount of other income or deductions they will report on 
For  2022,  Gavrielle  paid  Dan  $1,000  during  the  year.      their income tax return and they may also request any ad-
Gavrielle  enters  $1,076.50  in  box  1  of  Dan's  Form  W-2    ditional  federal  income  tax  they  want  withheld  each  pay 
($1,000 wages plus $76.50 social security and Medicare            period.
taxes paid for Dan). Gavrielle enters $1,000.00 in boxes 3        Employees who have submitted Form W-4 in any year 
and 5 of Dan's Form W-2.                                          before 2020 aren’t required to submit a new form merely 
                                                                  because of the redesign. Employers will continue to figure 
Withholding  social  security  and  Medicare  taxes  on 
                                                                  withholding based on the information from the employee’s 
nonresident  alien  employees. In  general,  if  you  pay 
                                                                  most  recently  submitted  Form  W-4.  The  withholding  ta-
wages to nonresident alien employees, you must withhold 
                                                                  bles  in  Pub.  15-T  allow  employers  to  figure  withholding 
social  security  and  Medicare  taxes  as  you  would  for  a 
                                                                  based on a Form W-4 for 2019 or earlier, as well as the re-
U.S. citizen or resident alien. However, see Pub. 515 for 
                                                                  designed Form W-4. While you may ask your employees 
exceptions to this general rule. One such exception is for 
                                                                  first paid wages before 2020 that have not yet submitted a 
foreign  agricultural  workers  on  H-2A  visas,  who  are  ex-
                                                                  redesigned Form W-4 to submit new Forms W-4 using the 
empt from social security and Medicare taxes. See Com-
                                                                  redesigned  version  of  the  form,  you  should  explain  to 
pensation paid to H-2A visa holders in section 3.
                                                                  them that they’re not required to do this and if they don’t 
Religious exemption. An exemption from social security            submit a new Form W-4, withholding will continue based 
and Medicare taxes is available to members of a recog-            on a valid Form W-4 previously submitted. All newly hired 
nized religious sect opposed to insurance. This exemption         employees must use the redesigned form. Similarly, any 
is  available  only  if  both  the  employee  and  the  employer  other employees who wish to adjust their withholding must 
are members of the sect. For more information, see Pub.           use the redesigned form.
517.                                                              Pub. 15-T provides an optional computational bridge to 
                                                                  treat 2019 or earlier Forms W-4 as if they were 2020 or 
                                                                  later  Forms  W-4  for  purposes  of  figuring  federal  income 
                                                                  tax  withholding.  This  computational  bridge  allows  you  to 
5. Federal Income Tax                                             use computational procedures and data fields for a 2020 
                                                                  and later Form W-4 to arrive at the equivalent withholding 
Withholding                                                       for an employee that would have applied using the com-
                                                                  putational procedures and data fields on a 2019 or earlier 
Farm  operators  and  crew  leaders  must  withhold  federal 
                                                                  Form  W-4.  See How  To  Treat  2019  and  Earlier  Forms 
income  tax  from  the  wages  of  farmworkers  if  the  wages 
                                                                  W-4 as if They Were 2020 or Later Forms W-4 in the Intro-
are  subject  to  social  security  and  Medicare  taxes.  The 
                                                                  duction section of Pub. 15-T.
amount to withhold is figured on gross wages before tak-
ing  out  social  security  and  Medicare  taxes,  union  dues,   More information. For more information about the re-
etc. You may use one of several methods to determine the          designed Form W 4 and regulations that provide guidance 
amount  of  federal  income  tax  withholding.  They’re  dis-     for  employers  concerning  income  tax  withholding  from 
cussed in Pub. 15-T.                                              employees’ wages, see Treasury Decision 9924, 2020 44 
                                                                  I.R.B. 943,     available    at            IRS.gov/irb/
Redesigned Form W-4.     The IRS redesigned Form W-4              2020-44_IRB#TD-9924. For information about Form W 4, 
for 2020 and subsequent years. Before 2020, the value of          go to IRS.gov/FormW4. Employer instructions on how to 

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figure  employee  withholding  are  provided  in  Pub.  15 T,   held  each  pay  period  in  addition  to  the  amount  of  with-
available at IRS.gov/Pub15T.                                      holding  based  on  filing  status  and  other  information 
                                                                  reported on Form W-4.
Using Form W-4 to figure withholding. To know how                 Employees that are married filing jointly and have spou-
much federal income tax to withhold from employees' wa-           ses that also currently work, or employees that hold more 
ges,  you  should  have  a  Form  W-4  on  file  for  each  em-   than  one  job  at  the  same  time,  should  account  for  their 
ployee.  Encourage  your  employees  to  file  an  updated        higher tax rate by completing Step 2 of their 2023 Form 
Form  W-4  for  2023,  especially  if  they  owed  taxes  or  re- W-4.  Employees  also  have  the  option  to  report  on  their 
ceived a large refund when filing their 2022 tax return.          2023  Form  W-4  other  income  they  will  receive  that  isn't 
Ask all new employees to give you a signed Form W-4               subject to withholding and other deductions they will claim 
when they start work. Make the form effective with the first      in order to increase the accuracy of their federal income 
wage  payment.  If  a  new  employee  doesn't  give  you  a       tax withholding.
completed Form W-4 in 2023 (including an employee who             See  Pub.  505  for  more  information  about  completing 
previously worked for you and was rehired in 2023, and            Form W-4. Along with Form W-4, you may wish to order 
who fails to furnish a Form W-4), treat the new employee          Pub. 505 for use by your employees.
as if they had checked the box for Single or Married filing       Don't  accept  any  withholding  or  estimated  tax  pay-
separately  in  Step  1(c)  and  made  no  entries  in  Step  2,  ments  from  your  employees  in  addition  to  withholding 
Step  3,  or  Step  4  of  the  2023  Form  W-4.  An  employee    based on their Form W-4. If an employee wants additional 
who was paid wages before 2020 and who failed to fur-             withholding, they should submit a new Form W-4 and, if 
nish a Form W-4 should continue to be treated as single           necessary,  pay  estimated  tax  by  filing  Form  1040-ES  or 
and claiming zero allowances on a 2019 Form W-4. If you           by using EFTPS to make estimated tax payments.
use  the  optional  computational  bridge,  described  earlier 
under Redesigned  Form  W-4,  you  may  treat  this  em-          Exemption  from  federal  income  tax  withholding. 
ployee as if they had checked the box for Single or Mar-          Generally,  an  employee  may  claim  exemption  from  fed-
ried filing separately in Step 1(c), and made no entries in       eral income tax withholding because they had no federal 
Step 2 and Step 3, an entry of $8,600 in Step 4(a), and an        income  tax  liability  last  year  and  expect  none  this  year. 
entry of zero in Step 4(b) of the 2023 Form W-4.                  See the Form W-4 instructions for more information. How-
                                                                  ever,  the  wages  are  still  subject  to  social  security  and 
Form in Spanish.  You can provide Formulario W-4(SP)              Medicare taxes. See also  Invalid Forms W-4, later in this 
in place of Form W-4 to your Spanish-speaking employ-             section.
ees.  For  more  information,  see  Pub.  17(SP).  The  rules     A Form W-4 claiming exemption from withholding is ef-
discussed in this section that apply to Form W-4 also ap-         fective when it is given to the employer and only for that 
ply to Formulario W-4(SP).                                        calendar year. To continue to be exempt from withholding, 
                                                                  an employee must give you a new Form W-4 by February 
Electronic system to receive Form W-4.  You may es-
                                                                  15. If the employee doesn't give you a new Form W-4 by 
tablish a system to electronically receive Forms W-4 from 
                                                                  February 15, begin withholding as if they had checked the 
your  employees.  See  Regulations  section  31.3402(f)
                                                                  box for Single or Married filing separately in Step 1(c) and 
(5)-1(c), Pub. 15-A, and Pub. 15-T for more information.
                                                                  made no entries in Step 2, Step 3, or Step 4 of the 2023 
Effective date of Form W-4.       A Form W-4 for 2022 or          Form  W-4.  If  the  employee  provides  a  new  Form  W-4 
earlier  years  remains  in  effect  for  2023  unless  the  em-  claiming  exemption  from  withholding  on  February  16  or 
ployee gives you a 2023 Form W-4. When you receive a              later, you may apply it to future wages but don't refund any 
new Form W-4 from an employee, don't adjust withholding           taxes withheld while the exempt status wasn’t in place.
for pay periods before the effective date of the new form. If 
                                                                  Withholding income taxes on the wages of nonresi-
an employee gives you a Form W-4 that replaces an exist-
                                                                  dent  alien  employees.   In  general,  you  must  withhold 
ing Form W-4, begin withholding no later than the start of 
                                                                  federal  income  taxes  on  the  wages  of  nonresident  alien 
the first payroll period ending on or after the 30th day from 
                                                                  employees. However, see Pub. 515 for exceptions to this 
the date you received the replacement Form W-4. For ex-
                                                                  general  rule.  Also  see Compensation  paid  to  H-2A  visa 
ceptions,  see Exemption  from  federal  income  tax  with-
                                                                  workers in section 3.
holding IRS review of requested Forms W-4, , and Invalid 
Forms W-4, later in this section.                                 Withholding  adjustment  for  nonresident  alien  em-
        A Form W-4 that makes a change for the next cal-          ployees. Nonresident aliens may not claim the standard 
                                                                  deduction  on  their  tax  return;  therefore,  employers  must 
CAUTION dar year.
!       endar year won't take effect in the current calen-        add an amount to the wages of nonresident alien employ-
                                                                  ees performing services within the United States in order 
                                                                  to figure the amount of federal income tax to withhold from 
Completing  Form  W-4. The  amount  of  any  federal  in-
                                                                  their wages. The amount is added to their wages solely for 
come tax withholding must be based on filing status, in-
                                                                  calculating  federal  income  tax  withholding.  The  amount 
come (including income from other jobs), deductions, and 
                                                                  isn’t included in any box on the employee's Form W-2 and 
credits.  Your  employees  may  not  base  their  withholding 
                                                                  doesn’t increase the income tax liability of the employee. 
amounts  on  a  fixed  dollar  amount  or  percentage.  How-
                                                                  The amount also doesn't increase the social security tax 
ever, an employee may specify a dollar amount to be with-
                                                                  or Medicare tax liability of the employer or the employee, 

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or the FUTA tax liability of the employer. See Withholding      After submitting a copy of the requested Form W-4 to 
Adjustment for Nonresident Alien Employees in the Intro-        the IRS, continue to withhold federal income tax based on 
duction section of Pub. 15-T for the amount to add to their     that Form W-4 if it is valid (see Invalid Forms W-4, later in 
wages for the payroll period.                                   this section). However, if the IRS later notifies you in writ-
                                                                ing  that  the  employee  isn't  entitled  to  claim  exemption 
Supplemental  wage  payment.     The  adjustment  for 
                                                                from  withholding  or  a  claimed  amount  of  deductions  or 
determining the amount of federal income tax withholding 
                                                                credits, withhold federal income tax based on the effective 
for  nonresident  alien  employees  doesn't  apply  to  a  sup-
                                                                date,  employee's  permitted  filing  status,  and  withholding 
plemental wage payment (see Supplemental wages, later 
                                                                instructions  specified  in  the  IRS  notice  (commonly  refer-
in this section) if the 37% mandatory flat rate withholding 
                                                                red to as a “lock-in letter”).
applies or if the 22% optional flat rate withholding is being 
used  to  calculate  income  tax  withholding  on  the  supple- Initial lock-in letter. The IRS uses information repor-
mental wage payment.                                            ted  on  Form  W-2  to  identify  employees  with  withholding 
                                                                compliance problems. In some cases, if a serious under-
Nonresident alien employee's Form W-4.         When com-        withholding problem is found to exist for a particular em-
pleting Forms W-4, nonresident aliens are required to:          ployee, the IRS may issue a lock-in letter to the employer 
Not claim exemption from income tax withholding               specifying the employee's permitted filing status and pro-
  (even if they meet both of the conditions to claim ex-        viding withholding instructions for the specific employee. 
  emption from withholding listed in the Form W-4 in-           You’ll also receive a copy for the employee that identifies 
  structions);                                                  the  permitted  filing  status  and  provides  a  description  of 
                                                                the withholding instructions you’re required to follow and 
Request withholding as if they’re single, regardless of       the process by which the employee can provide additional 
  their actual filing status;                                   information to the IRS for purposes of determining the ap-
Not claim the child tax credit or credit for other de-        propriate withholding and/or modifying the specified filing 
  pendents in Step 3 of Form W-4 (if the nonresident            status.  You  must  furnish  the  employee  copy  to  the  em-
  alien is a resident of Canada, Mexico, or South Korea,        ployee within 10 business days of receipt if the employee 
  or a student from India, or a business apprentice from        is employed by you as of the date of the notice. You may 
  India, they may claim, under certain circumstances            follow any reasonable business practice to furnish the em-
  (see Pub. 519), the child tax credit or credit for other      ployee copy to the employee. Begin withholding based on 
  dependents); and                                              the notice on the date specified in the notice.
Write “Nonresident Alien” or “NRA” in the space below         Implementation of lock-in letter. When you receive 
  Step 4(c) of Form W-4.                                        the notice specifying the permitted filing status and provid-
If  you  maintain  an  electronic  Form  W-4  system,  you      ing withholding instructions, you may not withhold immedi-
should provide a field for nonresident aliens to enter non-     ately on the basis of the notice. You must begin withhold-
resident alien status instead of writing “Nonresident Alien”    ing tax on the basis of the notice for any wages paid after 
or “NRA” in the space below Step 4(c) of Form W-4. You          the date specified in the notice. The delay between your 
should  instruct  nonresident  aliens  to  see  Notice  1392,   receipt of the notice and the date to begin the withholding 
Supplemental Form W-4 Instructions for Nonresident Ali-         on  the  basis  of  the  notice  permits  the  employee  time  to 
ens, before completing Form W-4.                                contact the IRS.
Form 8233.     If a nonresident alien employee claims a         Seasonal employees and employees not currently 
tax treaty exemption from withholding, the employee must        performing services. If you receive a notice for an em-
submit Form 8233 with respect to the income exempt un-          ployee  who  isn't  currently  performing  services  for  you, 
der the treaty, instead of Form W-4. For more information,      you’re  still  required  to  furnish  the  employee  copy  to  the 
see the Instructions for Form 8233 and Pay for Personal         employee and withhold based on the notice if any of the 
Services  Performed  under    Withholding  on  Specific  In-    following apply.
come in Pub. 515.                                               You’re paying wages for the employee's prior services 
                                                                  and the wages are subject to income tax withholding 
IRS review of requested Forms W-4.     When requested             on or after the date specified in the notice.
by the IRS, you must make original Forms W-4 available 
for inspection by an IRS employee. You may also be di-          You reasonably expect the employee to resume serv-
rected to send certain Forms W-4 to the IRS. You may re-          ices within 12 months of the date of the notice.
ceive a notice from the IRS requiring you to submit a copy      The employee is on a leave of absence that doesn't 
of Form W-4 for one or more of your named employees.              exceed 12 months or the employee has a right to re-
Send  the  requested  copy  or  copies  of  Form  W-4  to  the    employment after the leave of absence.
IRS at the address provided and in the manner directed 
by  the  notice.  The  IRS  may  also  require  you  to  submit Termination  and  rehire  of  employees.       If  you  must 
copies of Form W-4 to the IRS as directed by a revenue          furnish and withhold based on the notice and the employ-
procedure  or  notice  published  in  the  Internal  Revenue    ment relationship is terminated after the date of the notice, 
Bulletin. When we refer to Form W-4, the same rules ap-         you must continue to withhold based on the notice if you 
ply to Formulario W-4(SP), its Spanish translation.             continue to pay any wages subject to income tax withhold-
                                                                ing.  You  must  also  withhold  based  on  the  notice  or 

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modification  notice  (explained  next)  if  the  employee  re-     You  can't  accept  substitute  Forms  W-4  developed  by 
sumes  the  employment  relationship  with  you  within  12         employees. An employee who submits an employee-de-
months after the termination of the employment relation-            veloped substitute Form W-4 after October 10, 2007, will 
ship.                                                               be treated as failing to furnish a Form W-4. However, con-
                                                                    tinue to honor any valid employee-developed Forms W-4 
Modification notice.   After issuing the notice specify-
                                                                    you accepted before October 11, 2007.
ing the permitted filing status and providing withholding in-
structions, the IRS may issue a subsequent notice (modifi-          Invalid  Forms  W-4. Any  unauthorized  change  or  addi-
cation  notice)  that  modifies  the  original  notice.  The        tion to Form W-4 makes it invalid. This includes taking out 
modification notice may change the permitted filing status          any language by which the employee certifies the form is 
and withholding instructions. You must withhold federal in-         correct. A Form W-4 is also invalid if, by the date an em-
come  tax  based  on  the  effective  date  specified  in  the      ployee gives it to you, they clearly indicate it is false. An 
modification notice.                                                employee who submits a false Form W-4 may be subject 
New Form W-4 after IRS notice.     After the IRS issues             to a $500 penalty. You may treat a Form W-4 as invalid if 
a notice or modification notice, if the employee provides           the  employee  wrote  “exempt”  below  Step  4(c)  and 
you  with  a  new  Form  W-4  claiming  complete  exemption         checked  the  box  in  Step  2(c)  or  entered  numbers  for 
from withholding or a completed Form W-4 that results in            Steps 3 and 4.
less withholding than would result under the IRS notice or          When you get an invalid Form W-4, don't use it to figure 
modification  notice,  disregard  the  new  Form  W-4.  You         federal income tax withholding. Tell the employee it is in-
must withhold based on the notice or modification notice            valid and ask for another one. If the employee doesn't give 
unless the IRS notifies you to withhold based on the new            you a valid one, and you have an earlier Form W-4 for this 
Form W-4. If the employee wants to put a new Form W-4               employee that is valid, withhold as you did before. If you 
into  effect  that  results  in  less  withholding  than  required, don't have an earlier Form W-4 that is valid, withhold tax 
the employee must contact the IRS.                                  as if the employee had checked the box for Single or Mar-
If,  after  you  receive  an  IRS  notice  or  modification  no-    ried filing separately in Step 1(c) and made no entries in 
tice, your employee gives you a new completed Form W-4              Step 2, Step 3, or Step 4 of the 2023 Form W-4. However, 
that  results  in  more  withholding  than  would  result  under    an  employee  who  was  paid  wages  in  2019  who  never 
the  notice  or  modification  notice,  you  must  withhold  tax    submitted a valid Form W-4 and submits an invalid Form 
based  on  the  new  Form  W-4.  Otherwise,  disregard  any         W-4 in 2023 should continue to be treated as single and 
subsequent  Forms  W-4  provided  by  the  employee  and            claiming zero allowances on a 2019 Form W-4. If you use 
withhold based on the IRS notice or modification notice.            the optional computational bridge, described earlier under 
                                                                    Redesigned Form W-4, you may treat this employee as if 
        If,  in  a  year  before  2020,  you  received  a  lock-in  they had checked the box for Single or Married filing sep-
!       letter for an employee, then for 2023 you should            arately  in  Step  1(c),  and  made  no  entries  in  Step  2  and 
CAUTION continue  to  follow  the  instructions  in  the  lock-in 
                                                                    Step 3, an entry of $8,600 in Step 4(a), and an entry of 
letter. You will use the withholding methods described in           zero in Step 4(b) of the 2023 Form W-4.
Pub. 15-T for an employee with a Form W-4 from 2019 or 
earlier, or you may use the optional computational bridge           Amounts  exempt  from  levy  on  wages,  salary,  and 
to treat 2019 or earlier Forms W-4 as if they were 2020 or          other income. If you receive a Notice of Levy on Wages, 
later  Forms  W-4  for  purposes  of  figuring  federal  income     Salary, and Other Income (Forms 668-W(ACS), 668-W(c)
tax  withholding.  See How  To  Treat  2019  and  Earlier           (DO), or 668-W(ICS)), you must withhold amounts as de-
Forms W-4 as if They Were 2020 or Later Forms W-4 in                scribed in the instructions for these forms. Pub. 1494 has 
the Introduction section of Pub. 15-T. You should continue          tables to figure the amount exempt from levy. If a levy is-
following the instructions in the pre-2020 lock-in letter until     sued in a prior year is still in effect and the taxpayer sub-
you  receive  a  letter  releasing  your  employee  from  the       mits  a  new  Statement  of  Exemptions  and  Filing  Status, 
lock-in  procedures,  you  receive  a  modification  notice,  or    use  the  current  year  Pub.  1494  to  figure  the  exempt 
your employee gives you a new Form W-4 that results in              amount.
more withholding than would result under the notice.
For  additional  information  about  employer  withholding          How To Figure Federal Income Tax 
compliance, see IRS.gov/WHC.                                        Withholding

Substitute Forms W-4.  You’re encouraged to have your               There are several ways to figure federal income tax with-
employees use the official version of Form W-4. You may             holding;  see  Pub.  15-T  for  more  information.  If  an  em-
use a substitute version of Form W-4 to meet your busi-             ployee wants additional federal income tax withheld, have 
ness  needs.  However,  your  substitute  Form  W-4  must           the employee show the extra amount on Form W-4.
contain language that is identical to the official Form W-4 
and your form must meet all current IRS rules for substi-           Supplemental  wages. Supplemental  wages  are  wage 
tute forms. At the time you provide your substitute form to         payments to an employee that aren't regular wages. They 
the employee, you must provide them with all tables, in-            include, but aren't limited to, bonuses, commissions, over-
structions, and worksheets from the current Form W-4.               time  pay,  payments  for  accumulated  sick  leave,  sever-
                                                                    ance  pay,  awards,  prizes,  back  pay,  retroactive  pay 

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increases,  and  payments  for  nondeductible  moving  ex-    Regardless of the method you use to withhold federal 
penses.  However,  employers  have  the  option  to  treat    income tax on supplemental wages, they’re subject to so-
overtime  pay  as  regular  wages  instead  of  supplemental  cial security, Medicare, and FUTA taxes.
wages. Other payments subject to the supplemental wage 
rules include taxable fringe benefits and expense allowan-
ces paid under a nonaccountable plan. How you withhold 
                                                              6. Required Notice to 
on supplemental wages depends on whether the supple-
mental payment is identified as a separate payment from       Employees About the Earned 
regular wages. See Regulations section 31.3402(g)-1 for 
additional  guidance.  Also  see  Revenue  Ruling  2008-29,   Income Credit (EIC)
2008-24      I.R.B. 1149, available at  IRS.gov/irb/
2008-24_IRB#RR-2008-29.                                       You must notify employees who have no federal income 
If you pay supplemental wages with regular wages but          tax withheld that they may be able to claim a tax refund 
don't specify the amount of each, withhold federal income     because of the EIC. Although you don't have to notify em-
tax as if the total was a single payment for a regular pay-   ployees  who  claim  exemption  from  withholding  on  Form 
roll period.                                                  W-4 about the EIC, you’re encouraged to notify any em-
If you pay supplemental wages separately (or combine          ployees  whose  wages  for  2022  were  less  than  $53,057 
them  in  a  single  payment  and  specify  the  amount  of   ($59,187 if married filing jointly) that they may be eligible 
each),  the  federal  income  tax  withholding  method  de-   to claim the credit for 2022. This is because eligible em-
pends partly on whether you withhold federal income tax       ployees may get a refund of the amount of the EIC that is 
from your employee's regular wages.                           more than the tax they owe.
1. If you withheld federal income tax from an employee's      You’ll meet the notification requirement if you issue the 
regular wages in the current or immediately preceding         employee  Form  W-2  with  the  EIC  notice  on  the  back  of 
calendar year, you can use one of the following meth-         Copy  B,  or  a  substitute  Form  W-2  with  the  same  state-
ods for the supplemental wages.                               ment.  You  may  also  meet  the  requirement  by  providing 
                                                              Notice  797,  Possible  Federal  Tax  Refund  Due  to  the 
a. Withhold a flat 22% (no other percentage al-
                                                              Earned Income Credit (EIC), or your own statement that 
        lowed).
                                                              contains the same wording.
b. If the supplemental wages are paid concurrently 
                                                              If  a  substitute  Form  W-2  is  given  to  the  employee  on 
        with regular wages, add the supplemental wages 
                                                              time  but  doesn't  have  the  required  statement,  you  must 
        to the concurrently paid regular wages and with-
                                                              notify the employee within 1 week of the date the substi-
        hold federal income tax as if the total were a single 
                                                              tute Form W-2 is given. If Form W-2 is required but isn't 
        payment for a regular payroll period. If there are 
                                                              given on time, you must give the employee Notice 797 or 
        no concurrently paid regular wages, add the sup-
                                                              your written statement by the date Form W-2 is required to 
        plemental wages to, alternatively, either the regu-
                                                              be given. If Form W-2 isn't required, you must notify the 
        lar wages paid or to be paid for the current payroll 
                                                              employee by February 7, 2023.
        period or the regular wages paid for the preceding 
        payroll period. Figure the income tax withholding 
        as if the total of the regular wages and supplemen-
        tal wages is a single payment. Subtract the tax al-   7. Depositing Taxes
        ready withheld or to be withheld from the regular 
        wages. Withhold the remaining tax from the sup-              If an employer is eligible to claim a credit for quali-
        plemental wages. If there were other payments of      TIP    fied sick and family leave wages during 2023, the 
        supplemental wages paid during the payroll period            employer  can  reduce  their  deposits  by  the 
        made before the current payment of supplemental       amount  of  their  anticipated  credit.  Employers  won't  be 
        wages, aggregate all the payments of supplemen-       subject  to  a  failure-to-deposit  (FTD)  penalty  for  properly 
        tal wages paid during the payroll period with the     reducing their deposits if certain conditions are met. For 
        regular wages paid during the payroll period, fig-    more  information  on  reducing  deposits,  see  Notice 
        ure the tax on the total, subtract the tax already    2020-22,  2020-17  I.R.B.  664,  available  at IRS.gov/irb/
        withheld from the regular wages and previous          2020-17_IRB#NOT-2020-22;  Notice  2021-24,  2021-18 
        supplemental wage payments, and withhold the          I.R.B. 1122,           available at            IRS.gov/irb/
        remaining tax.                                        2021-18_IRB#NOT-2021-24;  and  the  Instructions  for 
                                                              Form 943. For more information about the credit for quali-
2. If you didn't withhold federal income tax from the em-     fied sick and family leave wages, go to IRS.gov/PLC.
ployee's regular wages in the current or immediately 
preceding calendar year, use method 1b.                       Generally,  you  must  deposit  federal  income  tax  with-
        Separate rules apply to any supplemental wages        held and both the employer and employee social security 
                                                              and Medicare taxes. You must use EFT to make all fed-
!       exceeding $1 million that you pay to an individual    eral tax deposits. See How To Deposit, later in this sec-
CAUTION during the year. See section 7 of Pub. 15 for de-
tails.                                                        tion, for information on electronic deposit requirements.

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Payment  with  return.   You  may  make  payments  with             for your employment tax return that were applicable during 
Form 943 or 945 instead of depositing, without incurring a          the lookback period.
penalty, if one of the following applies.
You report less than a $2,500 tax liability for the year          Lookback  period.   The  lookback  period  is  the  second 
  (Form 943, line 13; Form 945, line 3) and you pay in              calendar  year  preceding  the  current  calendar  year.  For 
  full with a return that is filed on time. However, if you’re      example, the lookback period for 2023 is 2021.
  unsure that you will report less than $2,500, deposit 
                                                                     Example  of  deposit  schedule  based  on  lookback 
  under the rules explained in this section so that you 
                                                                    period. Rose Co. reported taxes on Form 943 as follows.
  won't be subject to an FTD penalty.
You’re a monthly schedule depositor (defined later)                   2021—$48,000
  and make a payment in accordance with the Accuracy                    2022—$60,000
  of Deposits Rule, discussed later in this section. This            Rose Co. is a monthly schedule depositor for 2023 be-
  payment may be $2,500 or more.                                    cause its taxes for the lookback period ($48,000 for calen-
        Only monthly schedule depositors are allowed to             dar year 2021) weren't more than $50,000. However, for 
                                                                    2024, Rose Co. will be a semiweekly schedule depositor 
CAUTION the return. Semiweekly schedule depositors must 
!       make an Accuracy of Deposits Rule payment with              because the total taxes before adjustment for its lookback 
timely  deposit  the  amount  by  the  shortfall  makeup  date.     period  ($60,000  for  calendar  year  2022)  exceeded 
See Accuracy of Deposits Rule and How To Deposit, later             $50,000.
in this section.                                                     Adjustments  to  lookback  period  taxes.           To  deter-
                                                                    mine your taxes for the lookback period, use only the tax 
                                                                    that  you  reported  on  the  original  return  (Form  943, 
When To Deposit
                                                                    line 13). Don't include adjustments shown on Form 943-X.
        If  you  employ  both  farm  and  nonfarm  workers, 
                                                                     Example of adjustments.    An employer originally re-
!       don't combine the taxes reportable on Forms 941 
CAUTION or 944 with Form 943 to decide whether to make              ported  total  tax  of  $45,000  for  the  lookback  period.  The 
a  deposit.  See Employers  of  Both  Farm  and  Nonfarm            employer  discovered  during  March  2023  that  the  tax  re-
Workers, later in this section.                                     ported  for  the  lookback  period  was  understated  by 
                                                                    $10,000 and corrected this error by filing Form 943-X. The 
                                                                    total  tax  reported  in  the  lookback  period  is  still  $45,000. 
The  rules  for  determining  when  to  deposit  Form  943 
                                                                    The $10,000 adjustment is also not treated as part of the 
taxes are discussed next. See section 10 for the separate 
                                                                    2023 taxes.
rules  that  apply  to  FUTA  tax.  Under  these  rules,  you’re 
classified  as  either  a  monthly  schedule  depositor  or  a      Deposit period. The term “deposit period” refers to the 
semiweekly schedule depositor.                                      period  during  which  tax  liabilities  are  accumulated  for 
The  terms  “monthly  schedule  depositor”  and  “semi-             each required deposit due date. For monthly schedule de-
weekly schedule depositor” don't refer to how often your            positors, the deposit period is a calendar month. The de-
business pays its employees or how often you’re required            posit  periods  for  semiweekly  schedule  depositors  are 
to make deposits. The terms identify which set of deposit           Wednesday  through  Friday  and  Saturday  through  Tues-
rules you must follow when you incur a tax liability (for ex-       day.
ample, when you have a payday).                                         If  you're  an  agent  with  an  approved  Form  2678, 
                                                                    TIP the deposit rules apply to you based on the total 
The deposit schedule that you must use for a calendar                   employment  taxes  accumulated  by  you  for  your 
year is determined from the total tax liability reported on         own employees and on behalf of all employers for whom 
your Form 943, line 13, for the lookback period, discussed          you're authorized to act. For more information on an agent 
next.                                                               with  an  approved  Form  2678,  see  Revenue  Procedure 
If you reported $50,000 or less of Form 943 taxes for             2013-39,  2013-52  I.R.B.  830,  available  at IRS.gov/irb/
  the lookback period, you’re a monthly schedule de-                2013-52_IRB#RP-2013-39.
  positor.
If you reported more than $50,000 of Form 943 taxes               Monthly Deposit Schedule
  for the lookback period, you’re a semiweekly schedule 
  depositor.                                                        If  the  tax  liability  reported  on  Form  943,  line  13,  for  the 
                                                                    lookback  period  is  $50,000  or  less,  you’re  a  monthly 
        Your  total  tax  liability  for  the  lookback  period  is 
                                                                    schedule depositor for the current year. You must deposit 
TIP     determined based on the amount of taxes you re-
                                                                    Form 943 taxes on wage payments made during a calen-
        ported  on  Form  943,  line  13.  Your  total  liability 
                                                                    dar month by the 15th day of the following month.
isn’t  reduced  by  the  refundable  portion  of  the  credit  for 
qualified sick and family leave wages, the refundable por-          Monthly  schedule  example. Spruce  Co.  is  a  monthly 
tion  of  the  employee  retention  credit,  or  the  refundable    schedule depositor with seasonal employees. It paid wa-
portion  of  the  COBRA  premium  assistance  credit.  For          ges  each  Friday  during  May  but  didn't  pay  any  wages 
more information about these credits, see the instructions 

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during June. Under the monthly deposit schedule, Spruce                The return period for Form 943 is a calendar year. If you 
Co. must deposit the combined tax liabilities for the May              have more than one pay date during a semiweekly period 
paydays by June 15. Spruce Co. doesn't have a deposit                  and  the  pay  dates  fall  in  different  return  periods,  you’ll 
requirement for June (due by July 15) because no wages                 need  to  make  separate  deposits  for  the  separate  liabili-
were  paid  and,  therefore,  it  didn't  have  a  tax  liability  for ties.  For  example,  if  a  return  period  ends  on  Thursday, 
June.                                                                  taxes accumulated on Wednesday and Thursday are sub-
                                                                       ject to one deposit obligation, and taxes accumulated on 
New employers.    For agricultural employers, your tax lia-            Friday are subject to a separate obligation. Separate de-
bility for any year in the lookback period before the date             posits  are  required  because  two  different  return  periods 
you started or acquired your business is considered to be              are affected.
zero. Therefore, you’re a monthly schedule depositor for 
the  first  and  second  calendar  years  of  your  agricultural       Deposits Due on Business Days Only
business (but see $100,000 Next-Day Deposit Rule, later 
in this section).                                                      If a deposit is required to be made on a day that isn't a 
                                                                       business day, the deposit is considered timely if it is made 
Semiweekly Deposit Schedule                                            by the close of the next business day. A business day is 
                                                                       any day other than a Saturday, Sunday, or legal holiday. 
You’re  a  semiweekly  schedule  depositor  for  a  calendar           For example, if a deposit is required to be made on a Fri-
year  if  the  tax  liability  on  Form  943,  line  13,  during  your day  and  Friday  is  a  legal  holiday,  the  deposit  is  consid-
lookback period was more than $50,000. Under the semi-                 ered timely if it is made by the following Monday (if Mon-
weekly deposit schedule, deposit Form 943 taxes for pay-               day is a business day).
ments made on Wednesday, Thursday, and/or Friday by 
                                                                        Semiweekly  schedule  depositors  have  at  least  3 
the  following  Wednesday.  Deposit  taxes  for  payments 
                                                                       business days following the close of the semiweekly pe-
made on Saturday, Sunday, Monday, and/or Tuesday by 
                                                                       riod to make a deposit. If any of the 3 weekdays after the 
the following Friday. See also   Deposits Due on Business 
                                                                       end of a semiweekly period is a legal holiday, you’ll have 
Days Only, later in this section.
                                                                       an  additional  day  for  each  day  that  is  a  legal  holiday  to 
                                                                       make the required deposit. For example, if a semiweekly 
Semiweekly schedule depositors aren't required to de-
                                                                       schedule  depositor  accumulated  taxes  for  payments 
posit  twice  a  week  if  their  payments  were  in  the  same 
                                                                       made on Friday and the following Monday is a legal holi-
semiweekly period unless the     $100,000 next-day deposit 
                                                                       day,  the  deposit  normally  due  on  Wednesday  may  be 
rule (discussed later in this section) applies. For example, 
                                                                       made on Thursday (this allows 3 business days to make 
if  you  made  a  payment  on  both  Wednesday  and  Friday 
                                                                       the deposit).
and incurred taxes of $10,000 for each pay date, deposit 
the $20,000 by the following Wednesday. If you made no                 Legal holiday. The term “legal holiday” means any legal 
additional payments on Saturday through Tuesday, no de-                holiday in the District of Columbia. For purposes of the de-
posit is due on Friday.                                                posit rules, the term "legal holiday" doesn't include other 
        Semiweekly  schedule  depositors  must  complete               statewide legal holidays. Legal holidays for 2023 are listed 
                                                                       below.
!       Form  943-A,  Agricultural  Employer's  Record  of 
CAUTION Federal Tax Liability, and submit it with Form 943.
                                                                       January 2, 2023—New Year's Day (observed)
                                                                       January 16—Birthday of Martin Luther King, Jr.
Semiweekly Deposit Schedule
                                                                       February 20—Washington's Birthday
IF the payday falls on a...  THEN deposit taxes by                     April 17—District of Columbia Emancipation Day (ob-
                             the following...                            served)
Wednesday, Thursday, and/or  Wednesday.                                May 29—Memorial Day
Friday
                                                                       June 19—Juneteenth National Independence Day
Saturday, Sunday, Monday,    Friday.                                     July 4—Independence Day
and/or Tuesday                                                         
                                                                       September 4—Labor Day
Semiweekly schedule example.     Green, Inc., is a semi-               October 9—Columbus Day
weekly  schedule  depositor  and  pays  wages  once  each              November 10—Veterans Day (observed)
month on the last Friday of the month. Green, Inc., will de-
posit only once a month, but the deposit will be made un-              November 23—Thanksgiving Day
der  the  semiweekly  deposit  schedule  as  follows.  Green,          December 25—Christmas Day
Inc.'s tax liability for the April 28, 2023 (Friday), wage pay-
ment must be deposited by May 3, 2023 (Wednesday).                     $100,000 Next-Day Deposit Rule

Semiweekly deposit period spanning two return peri-                    If you accumulate $100,000 or more in taxes on any day 
ods. The period covered by a return is the return period.              during  a  monthly  or  semiweekly  deposit  period  (see 

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Deposit  period,  earlier  in  this  section),  you  must  deposit    1. Any deposit shortfall doesn't exceed the greater of 
the  tax  by  the  next  business  day,  whether  you’re  a             $100 or 2% of the amount of taxes otherwise required 
monthly or semiweekly schedule depositor.                               to be deposited.
                                                                      2. The deposit shortfall is paid or deposited by the short-
For purposes of the $100,000 rule, don't continue accu-
                                                                        fall makeup date as described next.
mulating  a  tax  liability  after  the  end  of  a  deposit  period. 
For example, if a semiweekly schedule depositor has ac-               Makeup Date for Deposit Shortfall: 
cumulated a liability of $95,000 on a Tuesday (of a Satur-
day-through-Tuesday deposit period) and accumulated a                 Monthly schedule depositor—Deposit the shortfall 
$10,000  liability  on  Wednesday,  the  $100,000  next-day             or pay it with your return by the due date of your Form 
deposit rule doesn't apply because the $10,000 is accu-                 943. You may pay the shortfall with your Form 943 
mulated in the next deposit period. Thus, $95,000 must be               even if the amount is $2,500 or more.
deposited  by  Friday  and  $10,000  must  be  deposited  by          Semiweekly schedule depositor—Deposit by the 
the following Wednesday.                                                earlier of (a) the first Wednesday or Friday (whichever 
                                                                        comes first) that falls on or after the 15th day of the 
However, once you accumulate at least $100,000 in a                     month following the month in which the shortfall occur-
deposit period, stop accumulating at the end of that day                red, or (b) the due date for Form 943.
and begin to accumulate anew on the next day. For exam-
                                                                      For example, if a semiweekly schedule depositor has a 
ple, Fir Co. is a semiweekly schedule depositor. On Mon-
                                                                      deposit  shortfall  during  May  2023,  the  shortfall  makeup 
day, Fir Co. accumulates taxes of $110,000 and must de-
                                                                      date  is  June  16,  2023  (Friday).  However,  if  the  shortfall 
posit this amount on Tuesday, the next business day. On 
                                                                      occurred  on  the  required  January  4,  2023,  deposit  due 
Tuesday,  Fir  Co.  accumulates  additional  taxes  of 
                                                                      date for a December 29, 2022 (Thursday), pay date, the 
$30,000. Because the $30,000 isn't added to the previous 
                                                                      Form 943 due date (January 31, 2023) for the return pe-
$110,000 and is less than $100,000, Fir Co. must deposit 
                                                                      riod would come before the February 15, 2023 (Wednes-
the $30,000 by Friday (following the semiweekly deposit 
                                                                      day), shortfall makeup date. In this case, the shortfall must 
schedule).
                                                                      be deposited by January 31, 2023.
        If you’re a monthly schedule depositor and accu-
!       mulate a $100,000 tax liability on any day of a cal-          How To Deposit
CAUTION endar  month,  you  become  a  semiweekly  sched-
ule depositor on the next day and remain so for at least              You  must  deposit  employment  taxes  by  EFT.  See Pay-
the rest of the calendar year and for the following calendar          ment with return, earlier in this section, for exceptions ex-
year.                                                                 plaining  when  taxes  may  be  paid  with  the  tax  return  in-
                                                                      stead of being deposited.
Example of the $100,000 next-day deposit rule. Elm, 
Inc., started its business on May 1, 2023. Because Elm,               Electronic deposit requirement.    You must use EFT to 
Inc., is a new employer, the tax liability for its lookback pe-       make all federal tax deposits. Generally, an EFT is made 
riod  is  considered  to  be  zero;  therefore,  Elm,  Inc.,  is  a   using EFTPS. If you don't want to use EFTPS, you can ar-
monthly schedule depositor. On Wednesday, May 3, Elm,                 range for your tax professional, financial institution, payroll 
Inc., paid wages for the first time and accumulated a tax             service, or other trusted third party to make electronic de-
liability of $50,000. On Friday, May 5, Elm, Inc., paid wa-           posits on your behalf. EFTPS is a free service provided by 
ges and accumulated a liability of $60,000, for a total of            the Department of the Treasury. To get more information 
$110,000. Because Elm, Inc., accumulated $110,000 on                  or  to  enroll  in  EFTPS,  go  to EFTPS.gov  or  call 
May 5, it must deposit $110,000 by Monday, May 8, the                 800-555-4477.  To  contact  EFTPS  using  TRS  for  people 
next  business  day.  Elm,  Inc.,  became  a  semiweekly              who are deaf, hard of hearing, or have a speech disability, 
schedule  depositor  on  May  6.  It  will  be  a  semiweekly         dial  711  and  then  provide  the  TRS  assistant  the 
schedule  depositor  for  the  remainder  of  2023  and  for          800-555-4477 number above or 800-733-4829. Additional 
2024.                                                                 information about EFTPS is also available in Pub. 966.

        The  $100,000  tax  liability  threshold  requiring  a        New  employers  that  have  a  federal  tax  obligation  will 
TIP     next-day  deposit  is  determined  before  you  con-          be pre-enrolled in EFTPS. Call the toll-free number loca-
        sider any reduction of your liability for nonrefunda-         ted in your EIN Package to activate your enrollment and 
ble  credits.  For  more  information,  see  frequently  asked        begin making your tax deposit payments. See When you 
question 17 at IRS.gov/ETD.                                           receive your EIN in section 1 for more information.
                                                                      Deposit  record.  For  your  records,  an  EFT  Trace 
Accuracy of Deposits Rule                                             Number  will  be  provided  with  each  successful  payment. 
                                                                      The number can be used as a receipt or to trace the pay-
You’re required to deposit 100% of your tax liability on or           ment.
before the deposit due date. However, penalties won't be 
applied for depositing less than 100% if both of the follow-          Depositing on time.      For deposits made by EFTPS to 
ing conditions are met.                                               be on time, you must submit the deposit by 8 p.m. Eastern 
                                                                      time the day before the date a deposit is due. If you use a 

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third  party  to  make  a  deposit  on  your  behalf,  they  may      Order  in  which  deposits  are  applied.      Deposits  are 
have different cutoff times.                                          generally applied to the most recent tax liability within the 
                                                                      year. If you receive an FTD penalty notice, you may desig-
Same-day wire payment option.            If you fail to submit 
                                                                      nate how your deposits are to be applied in order to mini-
a  deposit  transaction  on  EFTPS  by  8  p.m.  Eastern  time 
                                                                      mize the amount of the penalty if you do so within 90 days 
the  day  before  the  date  a  deposit  is  due,  you  can  still 
                                                                      of  the  date  of  the  notice.  Follow  the  instructions  on  the 
make your deposit on time by using the Federal Tax Col-
                                                                      penalty notice that you receive. For more information on 
lection  Service  (FTCS)  to  make  a  same-day  wire  pay-
                                                                      designating  deposits,  see  Revenue  Procedure  2001-58. 
ment. To use the same-day wire payment method, you’ll 
                                                                      You can find Revenue Procedure 2001-58 on page 579 of 
need to make arrangements with your financial institution 
                                                                      Internal Revenue Bulletin 2001-50 at IRS.gov/pub/irs-irbs/
ahead of time. Check with your financial institution regard-
                                                                      irb01-50.pdf.
ing availability, deadlines, and costs. Your financial institu-
tion may charge you a fee for payments made this way.                 Example.     Cedar, Inc., is required to make a deposit of 
To  learn  more  about  the  information  you’ll  need  to  give      $1,000 on May 15 and $1,500 on June 15. It doesn't make 
your  financial  institution  to  make  a  same-day  wire  pay-       the deposit on May 15. On June 15, Cedar, Inc., deposits 
ment, go to IRS.gov/SameDayWire.                                      $2,000. Under the deposits rule, which applies deposits to 
                                                                      the most recent tax liability, $1,500 of the deposit is ap-
Deposit Penalties                                                     plied to the June 15 deposit and the remaining $500 is ap-
                                                                      plied to the May deposit. Accordingly, $500 of the May 15 
Penalties may apply if you don't make required deposits               liability  remains  undeposited.  The  penalty  on  this  under-
on time or if you make deposits for less than the required            deposit will apply as explained earlier.
amount. The penalties don't apply if any failure to make a 
proper  and  timely  deposit  was  due  to  reasonable  cause         Trust  fund  recovery  penalty. If  federal  income,  social 
and not to willful neglect. If you receive a penalty notice,          security, or Medicare taxes that must be withheld (that is, 
you  can  provide  an  explanation  of  why  you  believe  rea-       trust fund taxes) aren't withheld or aren't deposited or paid 
sonable cause exists.                                                 to the U.S. Treasury, the trust fund recovery penalty may 
                                                                      apply. The penalty is 100% of the unpaid trust fund tax. If 
If you timely filed your employment tax return, the IRS               these  unpaid  taxes  can't  be  immediately  collected  from 
may waive deposit penalties if you inadvertently failed to            the employer or business, the trust fund recovery penalty 
deposit and it was the first quarter that you were required           may  be  imposed  on  all  persons  who  are  determined  by 
to  deposit  any  employment  tax,  or  if  you  inadvertently        the IRS to be responsible for collecting, accounting for, or 
failed to deposit the first time after your deposit frequency         paying over these taxes, and who acted willfully in not do-
changed. You must also meet the net worth and size limi-              ing so. The trust fund recovery penalty won't apply to any 
tations  applicable  to  awards  of  administrative  and  litiga-     amount of trust fund taxes an employer holds back in an-
tion costs under section 7430; for individuals, this means            ticipation of any credits they are entitled to.
that your net worth can't exceed $2 million, and for busi-            A responsible person can be an officer or employee 
nesses,  your  net  worth  can't  exceed  $7  million  and  you       of a corporation, a partner or employee of a partnership, 
also can't have more than 500 employees.                              an  accountant,  a  volunteer  director/trustee,  or  an  em-
The  IRS  may  also  waive  the  deposit  penalty  the  first         ployee of a sole proprietorship. A responsible person may 
time you’re required to make a deposit if you inadvertently           also include one who signs checks for the business or oth-
send the payment to the IRS rather than deposit it by EFT.            erwise  has  authority  to  cause  the  spending  of  business 
                                                                      funds.
For amounts not properly or timely deposited, the pen-                Willfully means voluntarily, consciously, and intention-
alty rates are as follows.                                            ally.  A  responsible  person  acts  willfully  if  the  person 
                                                                      knows that the required actions of collecting, accounting 
Penalty                      Charged for...
                                                                      for, or paying over trust fund taxes aren't taking place, or 
2%      Deposits made 1 to 5 days late.                               recklessly disregards obvious and known risks to the gov-
5%      Deposits made 6 to 15 days late.                              ernment's right to receive trust fund taxes.

10%     Deposits made 16 or more days late, but before 10 days        “Averaged”  FTD  penalty. The  IRS  may  assess  an 
        from the date of the first notice the IRS sent asking for the 
        tax due.                                                      “averaged” FTD penalty of 2% to 10% if you’re a monthly 
                                                                      schedule  depositor  and  didn't  properly  complete  Form 
10%     Amounts that should have been deposited, but instead          943, line 17, when your tax liability shown on Form 943, 
        were paid directly to the IRS or paid with your tax return.   line 13, equaled or exceeded $2,500.
        See Payment with return, earlier in this section, for 
        exceptions.                                                   The IRS may also assess an “averaged” FTD penalty of 
                                                                      2% to 10% if you’re a semiweekly schedule depositor and 
15%     Amounts still unpaid more than 10 days after the date of      your tax liability shown on Form 943, line 13, equaled or 
        the first notice the IRS sent asking for the tax due or the 
        day on which you received notice and demand for               exceeded $2,500 and you:
        immediate payment, whichever is earlier.                      Completed Form 943, line 17, instead of
                                                                        Form 943-A;
Late  deposit  penalty  amounts  are  determined  using 
calendar days, starting from the due date of the liability.           Failed to attach a properly completed Form 943-A; or

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Improperly completed Form 943-A by, for example,                  Household  employees,  later,  for  the  rules  on  household 
  entering tax deposits instead of tax liabilities in the           employment.
  numbered spaces.
                                                                    If a deposit is due, deposit the Form 941/944 taxes and 
The FTD penalty is figured by distributing your total tax           the Form 943 taxes by making separate deposits. For ex-
liability  shown  on  Form  943,  line  13,  equally  throughout    ample,  if  you’re  a  monthly  schedule  depositor  for  both 
the  tax  period.  Then,  we  apply  your  deposits  and  pay-      Forms 941/944 and 943 taxes and your tax liability at the 
ments to the averaged liabilities in the date order we re-          end  of  May  is  $1,500  reportable  on  Form  941/944  and 
ceived your deposits. We figure the penalty on any tax not          $1,200 reportable on Form 943, deposit both amounts by 
deposited, deposited late, or not deposited in the correct          June  15.  Use  one  transaction  to  deposit  the  $1,500  of 
amounts. Your deposits and payments may not be coun-                Form  941/944  taxes  and  another  transaction  to  deposit 
ted as timely because the actual dates of your tax liabili-         the $1,200 of Form 943 taxes.
ties can't be accurately determined.
You can avoid an “averaged” FTD penalty by reviewing 
your return before filing it. Follow these steps before filing 
your Form 943.                                                      8. Form 943

If you’re a monthly schedule depositor, report your tax           You must file Form 943 for each calendar year beginning 
  liabilities (not your deposits) in the monthly entry              with the first year that you pay $2,500 or more for farm-
  spaces on Form 943, line 17.                                      work  or  you  employ  a  farmworker  who  meets  the  $150 
If you’re a semiweekly schedule depositor, report your            test explained in section 4. Don't report these wages on 
  tax liabilities (not your deposits) on Form 943-A on the          Form 941 or Form 944.
  lines that represent the dates your employees were 
                                                                    Household employees. If you file Form 943 and pay wa-
  paid.
                                                                    ges  to  household  workers,  you  may  include  the  wages 
Verify that your total liability shown on Form 943,               and  taxes  of  these  workers  on  Form  943.  If  you  choose 
  line 17, or Form 943-A, line M, equals your tax liability         not to report these wages and taxes on Form 943, report 
  shown on Form 943, line 13.                                       the  wages  of  these  workers  separately  on  Schedule  H 
Don't show negative amounts on Form 943, line 17, or              (Form  1040).  You  must  have  an  EIN  to  file  Schedule  H 
  Form 943-A.                                                       (Form  1040).  See section  1  for  details.  If  you  report  the 
                                                                    wages  on  Form  943,  include  the  taxes  when  you  figure 
For prior period errors, don't adjust your tax liabilities        deposit  requirements  or  make  deposits.  If  you  include 
  reported on Form 943, line 17, or on Form 943-A. In-              household  employee  wages  and  taxes  on  Schedule  H 
  stead, file Form 943-X, as discussed in Prior Year Ad-            (Form 1040), don't include the household employee taxes 
  justments in section 9.                                           when you figure deposit requirements or make Form 943 
        In addition to civil penalties, you may be subject          deposits. See Pub. 926 for more information about house-
                                                                    hold workers.
CAUTION fully:
!       to  criminal  prosecution  (brought  to  trial)  for  will- If household employee wages and taxes are included 
                                                                    on Form 943, you must also include FUTA tax for the em-
Evading tax;                                                      ployees  on  Form  940.  See section  10  for  more  informa-
Failing to collect or truthfully account for and pay over         tion.
  tax;
                                                                    Penalties. For  each  whole  or  part  month  a  return  isn't 
Failing to file a return, supply information, or pay any          filed when required, there is a failure-to-file (FTF) penalty 
  tax due;                                                          of 5% of the unpaid tax due with that return. The maximum 
Furnishing false or fraudulent Forms W-2 to employ-               penalty  is  generally  25%  of  the  tax  due.  Also,  for  each 
  ees or failing to furnish Forms W-2;                              whole  or  part  month  the  tax  is  paid  late,  there  is  a  fail-
                                                                    ure-to-pay (FTP) penalty of 0.5% per month of the amount 
Committing fraud and providing false statements;
                                                                    of  tax.  For  individual  filers  only,  the  FTP  penalty  is  re-
Preparing and filing a fraudulent return; or                      duced from 0.5% per month to 0.25% per month if an in-
                                                                    stallment agreement is in effect. You must have filed your 
Committing identity theft.
                                                                    return on or before the due date of the return to qualify for 
                                                                    the  reduced  penalty.  The  maximum  amount  of  the  FTP 
                                                                    penalty is also 25% of the tax due. If both penalties apply 
Employers of Both Farm and Nonfarm                                  in any month, the FTF penalty is reduced by the amount of 
Workers                                                             the  FTP  penalty.  The  penalties  won't  be  charged  if  you 
                                                                    have reasonable cause for failing to file or pay. If you re-
If you employ both farm and nonfarm workers, you must               ceive a penalty notice, you can provide an explanation of 
treat  employment  taxes  for  the  farmworkers  (Form  943         why you believe reasonable cause exists.
taxes) separately from employment taxes for the nonfarm             Note. In addition to any penalties, interest accrues from 
workers (Form 941 and Form 944 taxes). Form 943 taxes               the due date of the tax on any unpaid balance.
and Form 941/944 taxes aren't combined for purposes of              If  federal  income,  social  security,  or  Medicare  taxes 
applying  any  of  the  deposit  schedule  rules.  See              that  must  be  withheld  aren't  withheld  or  aren't  paid,  you 

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may be personally liable for the trust fund recovery pen-               See  Revenue  Ruling  2009-39,  2009-52  I.R.B. 
alty. See Trust fund recovery penalty in section 7.                 TIP 951, for examples of how the interest-free adjust-
Generally, the use of a third-party payer, such as a pay-               ment and claim for refund rules apply in 10 differ-
roll service provider or reporting agent, doesn't relieve an        ent  situations.  You  can  find  Revenue  Ruling  2009-39  at 
employer  of  the  responsibility  to  ensure  tax  returns  are    IRS.gov/irb/2009-52_IRB#RR-2009-39.
filed and all taxes are paid or deposited correctly and on 
time. See Outsourcing payroll duties, earlier, for more in-         Form  843. Don't  use  Form  843  to  request  a  refund  or 
formation.                                                          abatement  of  overreported  social  security  or  Medicare 
                                                                    taxes. Instead, request your refund or abatement of taxes 
                                                                    on Form 943-X. However, use Form 843 when requesting 
9. Reporting Adjustments on                                         a refund or abatement of assessed interest or penalties.

Form 943                                                            Federal  income  tax  and  Additional  Medicare  Tax 
                                                                    withholding adjustments. You can't adjust amounts re-
There are two types of adjustments: current year adjust-            ported as income tax or Additional Medicare Tax withheld 
ments  and  prior  year  adjustments  to  correct  errors.  See     in  a  prior  calendar  year,  even  if  you  withheld  the  wrong 
the Instructions for Form 943 and the Instructions for Form         amount,  unless  it  is  to  correct  an  administrative  error  or 
943-X for more information on how to report these adjust-           section 3509 applies. An administrative error occurs if the 
ments.                                                              amount  you  entered  on  Form  943  isn’t  the  amount  that 
                                                                    you actually withheld. Examples include mathematical or 
                                                                    transposition  errors.  The  administrative  error  adjustment 
Current Year Adjustments                                            corrects the amount reported on Form 943 to agree with 
                                                                    the amount actually withheld from employees.
In certain cases, amounts reported as social security and           If a prior year error was a nonadministrative error, you 
Medicare taxes on Form 943, lines 3, 5, and 7, must be              may  correct  only  the wages  subject  to  Additional  Medi-
adjusted  to  arrive  at  your  correct  tax  liability.  The  most care Tax withholding.
common situation involves differences in cents totals due           See the Instructions for Form 943-X for more informa-
to  rounding.  Other  situations  when  current  year  adjust-      tion  about  section  3509  and  additional  examples  of  ad-
ments  may  be  necessary  include  third-party  sick  pay,         ministrative and nonadministrative errors.
group-term  life  insurance  for  former  employees,  and  the 
uncollected employee share of social security and Medi-             Social  security  and  Medicare  tax  adjustments.   Cor-
care taxes on tips. Current year adjustments are reported           rect prior year social security and Medicare tax errors by 
on Form 943, line 10. See section 13 of Pub. 15 for more            making an adjustment on Form 943-X.
information on these adjustments.                                   If you withheld no tax or less than the correct amount, 
                                                                    you may correct the mistake by withholding the tax from a 
If you withhold an incorrect amount of federal income               later payment to the same employee.
tax  or  Additional  Medicare  Tax  from  an  employee,  you        If you withheld employee tax when no tax is due or if 
may adjust the amount withheld in later pay periods during          you withheld more than the correct amount, you must re-
the same year to compensate for the error.                          pay or reimburse the employee.

Prior Year Adjustments                                              Collecting  underwithheld  taxes  from  employees.      If 
                                                                    you withheld no federal income, social security, or Medi-
If  you  discover  an  error  on  a  previously  filed  Form  943,  care  taxes  or  less  than  the  correct  amount  from  an  em-
make  the  correction  using  Form  943-X.  File  a  separate       ployee's wages, you can make it up from later pay to that 
Form  943-X  for  each  prior  year  you’re  correcting.  File      employee.  But  you’re  the  one  who  owes  the  underpay-
Form 943-X separately. Don't attach Form 943-X to your              ment. Reimbursement is a matter for settlement between 
current period Form 943. You must explain your error on             you and the employee. Underwithheld federal income tax 
Form 943-X, indicate when the error was discovered, and             and Additional Medicare Tax must be recovered from the 
provide the applicable certifications.                              employee on or before the last day of the calendar year.

When  you  discover  that  you  underreported  tax  on  a           Refunding  amounts  incorrectly  withheld  from  em-
previously filed return, you must file Form 943-X no later          ployees. If you withheld more than the correct amount of 
than the due date of the return for the period during which         income,  social  security,  or  Medicare  taxes  from  wages 
you discovered the error. Pay the amount you owe by the             paid,  repay  or  reimburse  the  employee  the  excess.  Any 
time you file. For example, you discover on June 6, 2023,           excess income tax or Additional Medicare Tax withholding 
that  you  underreported  $10,000  of  social  security  and        must be repaid or reimbursed to the employee before the 
Medicare wages on your 2022 Form 943. You owe $1,530                end of the calendar year in which it was withheld. Keep in 
on the 2022 Form 943. To qualify for an interest-free ad-           your  records  the  employee's  written  receipt  showing  the 
justment, you must file Form 943-X by January 31, 2024,             date and amount of the repayment or record of reimburse-
and pay $1,530 by the time you file. For more information,          ment. If you didn't repay or reimburse the employee, you 
see  the  Instructions  for  Form  943-X  or  go  to IRS.gov/       must  report  and  pay  each  excess  amount  when  you  file 
CorrectingEmploymentTaxes.                                          Form 943 for the year in which you withheld too much tax.

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Filing  corrections  to  Forms  W-2  and  W-3. When  ad-           FUTA tax rate. The FUTA tax rate is 6.0% for 2023. The 
justments are made to correct wages and social security            tax applies to the first $7,000 you pay to each employee 
and Medicare taxes because of a change in the wage to-             as wages during the year. The $7,000 is the federal wage 
tals  reported  for  a  previous  year,  you  also  need  to  file base. Your state wage base may be different.
Form W-2c and Form W-3c. Forms W-2c may be created                 Generally, you can take a credit against your FUTA tax 
and submitted to the SSA over the Internet. For more in-           for amounts you paid into state unemployment funds. The 
formation,  go  to  the  SSA's  Employer  W-2  Filing  Instruc-    credit may be as much as 5.4% of FUTA taxable wages. If 
tions & Information website at SSA.gov/employer.                   you’re entitled to the maximum 5.4% credit, the FUTA tax 
For additional information about the procedure for ad-             rate after credit is 0.6%. You’re entitled to the maximum 
justing  employment  taxes,  see  the  Instructions  for  Form     credit if you paid your state unemployment taxes in full, on 
943-X  or  go  to IRS.gov/CorrectingEmploymentTaxes.               time, and on all the same wages as are subject to FUTA 
Also  see  Treasury  Decision  9405,  2008-32  I.R.B.  293,        tax, and as long as the state isn't determined to be a credit 
available at IRS.gov/irb/2008-32_IRB#TD-9405.                      reduction state. See the Instructions for Form 940 to de-
                                                                   termine the credit.
Note. Current period adjustments for fractions of cents,           In some states, the wages subject to state unemploy-
sick  pay,  and  group-term  life  insurance  are  reported  on    ment tax are the same as the wages subject to FUTA tax. 
your Form 943.                                                     However,  certain  states  exclude  some  types  of  wages 
                                                                   from state unemployment tax, even though they're subject 
                                                                   to  FUTA  tax  (for  example,  wages  paid  to  corporate  offi-
10. Federal Unemployment                                           cers, certain payments of sick pay by unions, and certain 
                                                                   fringe  benefits).  In  such  a  case,  you  may  be  required  to 
(FUTA) Tax                                                         deposit more than 0.6% FUTA tax on those wages. See 
                                                                   the Instructions for Form 940 for further guidance.
The  Federal  Unemployment  Tax  Act  (FUTA),  with  state 
unemployment systems, provides for payments of unem-               Successor  employer.    If  you  acquired  a  business  from 
ployment  compensation  to  workers  who  have  lost  their        an  employer  who  was  liable  for  FUTA  tax,  you  may  be 
jobs. Most employers pay both a federal and a state un-            able to count the wages that employer paid to the employ-
employment tax. For a list of state unemployment agen-             ees  who  continue  to  work  for  you  when  you  figure  the 
cies,  go  to  the  U.S.  Department  of  Labor's  website  at     $7,000  FUTA  tax  wage  base.  See  the  Instructions  for 
oui.doleta.gov/unemploy/agencies.asp.  Only  the  em-              Form 940.
ployer  pays  FUTA  tax;  it  isn't  withheld  from  the  employ-
                                                                   Deposit rules for FUTA tax. For deposit purposes, fig-
ees' wages. For more information, see the Instructions for 
                                                                   ure FUTA tax quarterly. Determine your FUTA tax liability 
Form 940.
                                                                   by  multiplying  the  amount  of  taxable  wages  paid  during 
For 2023, you must file Form 940 if you:                           the quarter by 0.6%. This amount may need to be adjus-
 Paid cash wages of $20,000 or more to farmworkers               ted, however, depending on your entitlement to the credit 
   during any calendar quarter in 2022 or 2023, or                 for state unemployment contributions. See the Instructions 
                                                                   for Form 940. When an employee's wages reach $7,000 
 Employed 10 or more farmworkers during at least                 for the calendar year, don't figure any additional FUTA tax 
   some part of a day (whether or not at the same time)            for that employee.
   during any 20 or more different weeks in 2022 or 20 or          If  your  total  FUTA  tax  for  the  quarter  (plus  any  unde-
   more different weeks in 2023.                                   posited FUTA tax from prior quarters) is more than $500, 
To determine whether you meet either test above, you               you must deposit the FUTA tax by EFT, as explained in 
must count wages paid to aliens admitted on a temporary            section 7, by the last day of the month following the end of 
basis  to  the  United  States  to  perform  farmwork,  also       the quarter. If the amount is $500 or less, you don't have 
known  as  H-2A  visa  workers.  However,  wages  paid  to         to deposit it, but you must add it to the amount of tax for 
H-2A visa workers aren't subject to the FUTA tax.                  the  next  quarter  to  determine  whether  a  deposit  is  re-
                                                                   quired for that quarter.
Generally, farmworkers supplied by a crew leader, as               If your liability for the fourth quarter (plus any undepos-
defined earlier in section 2, are considered employees of          ited amount from any earlier quarter) is over $500, deposit 
the farm operator for purposes of the FUTA tax unless (a)          the entire amount by the due date of Form 940 (January 
the crew leader is registered under the Migrant and Sea-           31). If it is $500 or less, you can make a deposit, pay the 
sonal  Agricultural  Worker  Protection  Act;  or  (b)  substan-   tax with a credit card or debit card, or pay the tax with a 
tially all of the workers supplied by the crew leader oper-        check or money order with your Form 940 by January 31. 
ate  or  maintain  tractors,  harvesting  or  crop-dusting         If you file Form 940 electronically, you can e-file and use 
machines, or other machines provided by the crew leader.           EFW  to  pay  the  balance  due.  For  more  information  on 
Therefore, if (a) or (b) applies, the farmworkers are gener-       paying your taxes with a credit or debit card or using EFW, 
ally employees of the crew leader.                                 go to IRS.gov/Payments.
You must deposit FUTA tax by EFT. The deposit rules 
for  FUTA  tax  are  different  from  those  for  income,  social  Filing  Form  940. File  your  2022  Form  940  by  January 
security, and Medicare taxes. See Deposit rules for FUTA           31, 2023. If you make deposits on time in full payment of 
tax, later in this section.

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the tax due for the year, you may file Form 940 by Febru-  8. Be sure the amounts on Form W-3 are the total of 
ary 10.                                                    amounts from Forms W-2.
                                                           9. Reconcile Form W-3 with your Form 943 by compar-
                                                           ing amounts reported for the following items.
11. Reconciling Wage 
                                                           a. Federal income tax withheld.
Reporting Forms                                            b. Social security and Medicare wages.
When there are discrepancies between amounts reported      c. Social security and Medicare taxes. Generally, the 
on Form 943 filed with the IRS and Forms W-2 and W-3               amounts shown on Form 943, including current 
filed with the SSA, the IRS or the SSA may contact you to          year adjustments, should be approximately twice 
resolve the discrepancies.                                         the amounts shown on Form W-3 because Form 
                                                                   943 reports both the employer and employee so-
Take  the  following  actions  to  help  reduce  discrepan-
                                                                   cial security and Medicare taxes while Form W-3 
cies.
                                                                   reports only the employee taxes.
1. Report bonuses as wages and as social security and 
                                                           Amounts  reported  on  Forms  W-2,  W-3,  and  943  may 
Medicare wages on Forms W-2 and 943.
                                                           not match for valid reasons. For example, if you withheld 
2. Report both social security and Medicare wages and      any  Additional  Medicare  Tax  from  your  employee's  wa-
taxes separately on Forms W-2, W-3, and 943.               ges, the amount of Medicare tax that is reported on Form 
                                                           943, line 5, won't be twice the amount of the Medicare tax 
3. Report the employee share of social security taxes on 
                                                           withheld  that  is  reported  in  box  6  of  Form  W-3  because 
Form W-2 in the box for social security tax withheld 
                                                           the Additional Medicare Tax is only imposed on the em-
(box 4), not as social security wages.
                                                           ployee; there is no employer share of Additional Medicare 
4. Report the employee share of Medicare taxes on          Tax.  If  they  don't  match,  you  should  determine  that  the 
Form W-2 in the box for Medicare tax withheld              reasons are valid. Keep your reconciliation so that you’ll 
(box 6), not as Medicare wages.                            have a record of why amounts didn't match in case there 
                                                           are inquiries from the IRS or the SSA.
5. Make sure that social security wages for each em-
ployee don't exceed the annual social security wage                When  reconciling  Forms  W-2  and  W-3  to  Form 
base limit ($160,200 for 2023).                            !       943, you should consider that qualified sick leave 
                                                           CAUTION wages and qualified family leave wages for leave 
6. Don't report noncash wages that aren't subject to so-
                                                           taken  after  March  31,  2020,  and  before  April  1,  2021, 
cial security or Medicare taxes, as discussed earlier in 
                                                           aren't subject to the employer share of social security tax.
section 3, as social security or Medicare wages.
7. If you used an EIN on any Form 943 for the year that 
is different from the EIN reported on Form W-3, enter 
the other EIN on Form W-3 in the box for “Other EIN 
used this year” (box h).

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12. How Do Employment Taxes 

Apply to Farmwork?
                                                    Income Tax Withholding, Social 
                                                    Security, and Medicare (including 
                                                    Additional Medicare Tax when 
                                                    wages are paid in excess of 
           Type of Employment                                            $200,000)               Federal Unemployment Tax
Farm Employment Includes:
1. Cultivating soil; raising or harvesting any      Taxable if $150 test or $2,500 test is   Taxable if either test in section 10 is 
agricultural or horticultural commodity; the care   met. See section 4.                      met.
of livestock, poultry, bees, fur-bearing animals, 
or wildlife on a farm. 
2. Work on a farm if major farm duties are in 
management or maintenance, etc., of farm 
tools or equipment or salvaging timber, or 
clearing brush or other debris, left by hurricane.
3. Work in connection with the production and 
harvesting of turpentine and other oleoresinous 
products. 
4. Cotton ginning.
5. Operation or maintenance of ditches, 
reservoirs, canals, or waterways used only for 
supplying or storing water for farming purposes 
and not owned or operated for profit. 
6. Processing, packaging, etc., any commodity in 
its unmanufactured state if employed by farm 
operator who produced over half of commodity 
processed or by group of up to 20 
unincorporated farm operators if they produced 
all the commodity.* 
7. Hatching poultry on a farm. 
8. Production or harvesting of maple syrup on a 
farm.

Farm Employment Doesn't Include:
1. Handling or processing commodities after         Taxable under general employment         Taxable under general FUTA rules. 
delivery to terminal market for commercial          rules. Farm rules don't apply.           Farm rules don't apply.
canning or freezing. 
2. Operation or maintenance of ditches, canals, 
reservoirs, or waterways not meeting tests in 
(5) above. 
3. Processing, packaging, delivering, etc., any 
commodity in its unmanufactured state if group 
of farm operators doesn't meet the tests in (6) 
above.
4. Household employment.
Special Employment Situations:
1. Services not in the course of employer's trade or  Taxable if $150 test or $2,500 test is Taxable only if $50 or more is paid in a 
business on farm operated for profit (cash          met (see section 4), unless performed  quarter and employee works on 24 or 
payments only).                                     by parent employed by child.             more different days in current or prior 
                                                                                             quarter.
2. Workers admitted under section 101(a)(15)(H)
(ii)(a) of the Immigration and Nationality Act on a Exempt.                                  Exempt.
temporary basis to perform agricultural labor 
(H-2A workers).
                                                    Exempt from social security and          Exempt if services performed by 
                                                    Medicare tax for employer's child        employer's parent or spouse or by 
3. Family employment of a child if the farm is a    under age 18, but counted for $150       employer's child under age 21.
sole proprietorship or a partnership in which       test or $2,500 test. The wages are 
each partner is a parent of the child.**            subject to federal income tax 
                                                    withholding if they're subject to social 
                                                    security and Medicare taxes. 
                                                    Taxable for spouse of employer.
* For federal unemployment tax, farmwork includes workers employed by a group of operators if they produce more than one-half of the 
commodity.
** Payments for the services of your child or spouse are subject to federal income tax withholding as well as social security, Medicare, and FUTA 
taxes if they work for a corporation, even if it is controlled by you; a partnership, even if you’re a partner (this doesn't apply to wages paid to your 
child if each partner is a parent of the child); or an estate, even if it is the estate of a deceased parent. In these situations, the child or spouse is 
considered to work for the corporation, partnership, or estate, not you. 

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                                                                  formation with you. Don’t post your social security number 
                                                                  (SSN)  or  other  confidential  information  on  social  media 
How To Get Tax Help                                               sites. Always protect your identity when using any social 
                                                                  networking site.
If you have questions about a tax issue; need help prepar-           The following IRS YouTube channels provide short, in-
ing your tax return; or want to download free publications,       formative videos on various tax-related topics in English, 
forms, or instructions, go to IRS.gov to find resources that      Spanish, and ASL.
can help you right away.
                                                                   Youtube.com/irsvideos.
Preparing and filing your tax return.  Go to IRS.gov/
                                                                   Youtube.com/irsvideosmultilingua.
EmploymentEfile  for  more  information  on  filing  your  em-
ployment tax returns electronically.                               Youtube.com/irsvideosASL.

      Getting  answers  to  your  tax  questions.       On        Watching      IRS     videos. The IRS       Video      portal 
      IRS.gov,  you  can  get  up-to-date  information  on        (IRSVideos.gov)  contains  video  and  audio  presentations 
      current events and changes in tax law.                      for individuals, small businesses, and tax professionals.
IRS.gov/Help: A variety of tools to help you get an-
  swers to some of the most common tax questions.                 Online  tax  information  in  other  languages.        You  can 
                                                                  find  information  on IRS.gov/MyLanguage  if  English  isn’t 
IRS.gov/Forms: Find forms, instructions, and publica-           your native language.
  tions. You will find details on the most recent tax 
  changes and interactive links to help you find answers          Free  Over-the-Phone  Interpreter  (OPI)  Service.     The 
  to your questions.                                              IRS is committed to serving our multilingual customers by 
You may also be able to access tax law information in           offering OPI services. The OPI Service is a federally fun-
  your electronic filing software.                                ded  program  and  is  available  at  Taxpayer  Assistance 
                                                                  Centers  (TACs),  other  IRS  offices,  and  every  VITA/TCE 
                                                                  return  site.  The  OPI  Service  is  accessible  in  more  than 
Need someone to prepare your tax return?     There are            350 languages.
various  types  of  tax  return  preparers,  including  enrolled 
agents, certified public accountants (CPAs), accountants,         Accessibility  Helpline  available  for  taxpayers  with 
and many others who don’t have professional credentials.          disabilities. Taxpayers  who  need  information  about  ac-
If you choose to have someone prepare your tax return,            cessibility  services  can  call  833-690-0598.  The  Accessi-
choose that preparer wisely. A paid tax preparer is:              bility Helpline can answer questions related to current and 
                                                                  future accessibility products and services available in al-
Primarily responsible for the overall substantive accu-         ternative media formats (for example, braille, large print, 
  racy of your return,                                            audio,  etc.).  The  Accessibility  Helpline  doesn’t  have  ac-
Required to sign the return, and                                cess to your IRS account. For help with tax law, refunds, 
Required to include their preparer tax identification           or account-related issues, go to IRS.gov/LetUsHelp.

  number (PTIN).                                                  Disasters. Go  to   Disaster  Assistance  and  Emergency 
Although  the  tax  preparer  always  signs  the  return,         Relief for Individuals and Businesses to review the availa-
you're ultimately responsible for providing all the informa-      ble disaster tax relief.
tion  required  for  the  preparer  to  accurately  prepare  your 
return.  Anyone  paid  to  prepare  tax  returns  for  others     Getting  tax  forms  and  publications.     Go  to     IRS.gov/
should have a thorough understanding of tax matters. For          Forms to view, download, or print most of the forms, in-
more information on how to choose a tax preparer, go to           structions, and publications you may need. Or, you can go 
Tips for Choosing a Tax Preparer on IRS.gov.                      to IRS.gov/OrderForms to place an order.

Coronavirus. Go  to IRS.gov/Coronavirus  for  links  to  in-      Getting  tax  publications  and  instructions  in  eBook 
formation on the impact of the coronavirus, as well as tax        format. You  can  also  download  and  view  popular  tax 
relief available for individuals and families, small and large    publications  and  instructions  (including  Pub.  51)  on  mo-
businesses, and tax-exempt organizations.                         bile devices as eBooks at IRS.gov/eBooks.

Employers can register to use Business Services On-                  Note. IRS  eBooks  have  been  tested  using  Apple's 
line. The SSA offers online service at SSA.gov/employer           iBooks for iPad. Our eBooks haven’t been tested on other 
for  fast,  free,  and  secure  online  W-2  filing  options  to  dedicated  eBook  readers,  and  eBook  functionality  may 
CPAs, accountants, enrolled agents, and individuals who           not operate as intended.
process Form W-2 and Form W-2c.
                                                                  Getting  a  transcript  of  your  return.   You  can  get  a 
IRS social media. Go to IRS.gov/SocialMedia to see the            copy of your tax transcript or a copy of your return by call-
various social media tools the IRS uses to share the latest       ing  800-829-4933  or  by  mailing  Form  4506-T  (transcript 
information on tax changes, scam alerts, initiatives, prod-       request) or Form 4506 (copy of return) to the IRS.
ucts,  and  services.  At  the  IRS,  privacy  and  security  are 
our highest priority. We use these tools to share public in-

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Reporting  and  resolving  your  tax-related  identity      Understanding  an  IRS  notice  or  letter  you’ve  re-
theft issues.                                               ceived.  Go to IRS.gov/Notices to find additional informa-
                                                            tion about responding to an IRS notice or letter.
Tax-related identity theft happens when someone 
  steals your personal information to commit tax fraud.     Contacting your local IRS office. Keep in mind, many 
  Your taxes can be affected if your EIN is used to file a  questions can be answered on IRS.gov without visiting an 
  fraudulent return or to claim a refund or credit.         IRS TAC. Go to IRS.gov/LetUsHelp for the topics people 
The IRS doesn’t initiate contact with taxpayers by        ask about most. If you still need help, IRS TACs provide 
  email, text messages (including shortened links), tele-   tax help when a tax issue can’t be handled online or by 
  phone calls, or social media channels to request or       phone. All TACs now provide service by appointment, so 
  verify personal or financial information. This includes   you’ll know in advance that you can get the service you 
  requests for personal identification numbers (PINs),      need  without  long  wait  times.  Before  you  visit,  go  to 
  passwords, or similar information for credit cards,       IRS.gov/TACLocator to find the nearest TAC and to check 
  banks, or other financial accounts.                       hours,  available  services,  and  appointment  options.  Or, 
                                                            on  the  IRS2Go  app,  under  the  Stay  Connected  tab, 
Go to IRS.gov/IdentityTheft, the IRS Identity Theft 
                                                            choose the Contact Us option and click on “Local Offices.”
  Central webpage, for information on identity theft and 
  data security protection for taxpayers, tax professio-
  nals, and businesses. If your EIN has been lost or sto-   The Taxpayer Advocate Service (TAS) 
  len or you suspect you’re a victim of tax-related iden-   Is Here To Help You
  tity theft, you can learn what steps you should take.
                                                            What Is TAS?
Making a tax payment. Go to    IRS.gov/Payments for in-
formation on how to make a payment using any of the fol-    TAS is an independent organization within the IRS that 
lowing options.                                             helps taxpayers and protects taxpayer rights. Their job is 
                                                            to ensure that every taxpayer is treated fairly and that you 
Debit or Credit Card: Choose an approved payment 
                                                            know and understand your rights under the Taxpayer Bill 
  processor to pay online or by phone.
                                                            of Rights.
Electronic Funds Withdrawal: Schedule a payment 
  when filing your federal taxes using tax return prepara-  How Can You Learn About Your Taxpayer 
  tion software or through a tax professional.              Rights?
Electronic Federal Tax Payment System: Best option 
  for businesses. Enrollment is required.                   The Taxpayer Bill of Rights describes 10 basic rights that 
Check or Money Order: Mail your payment to the ad-        all  taxpayers  have  when  dealing  with  the  IRS.  Go  to 
  dress listed on the notice or instructions.               TaxpayerAdvocate.IRS.gov to help you understand what 
                                                            these rights mean to you and how they apply. These are 
Cash: You may be able to pay your taxes with cash at      your rights. Know them. Use them.
  a participating retail store.
Same-Day Wire: You may be able to do same-day             What Can TAS Do for You?
  wire from your financial institution. Contact your finan-
  cial institution for availability, cost, and time frames. TAS can help you resolve problems that you can’t resolve 
                                                            with  the  IRS.  And  their  service  is  free.  If  you  qualify  for 
Note. The IRS uses the latest encryption technology to      their  assistance,  you  will  be  assigned  to  one  advocate 
ensure that the electronic payments you make online, by     who will work with you throughout the process and will do 
phone, or from a mobile device using the IRS2Go app are     everything  possible  to  resolve  your  issue.  TAS  can  help 
safe and secure. Paying electronically is quick, easy, and  you if:
faster than mailing in a check or money order.
                                                            Your problem is causing financial difficulty for you, 
What  if  I  can’t  pay  now? Go  to IRS.gov/Payments  for    your family, or your business;
more information about your options.                        You face (or your business is facing) an immediate 
Apply for an online payment agreement IRS.gov/ (            threat of adverse action; or
  OPA) to meet your tax obligation in monthly install-      You’ve tried repeatedly to contact the IRS but no one 
  ments if you can’t pay your taxes in full today. Once       has responded, or the IRS hasn’t responded by the 
  you complete the online process, you’ll receive imme-       date promised.
  diate notification of whether your agreement has been 
  approved.                                                 How Can You Reach TAS?
Use the Offer in Compromise Pre-Qualifier to see if 
  you can settle your tax debt for less than the full       TAS  has  offices in  every  state,  the  District  of  Columbia, 
  amount you owe. For more information on the Offer in      and Puerto Rico. Your local advocate’s number is in your 
  Compromise program, go to IRS.gov/OIC.                    local  directory  and  at TaxpayerAdvocate.IRS.gov/
                                                            Contact-Us. You can also call them at 877-777-4778.

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How Else Does TAS Help Taxpayers?                            TAS for Tax Professionals

TAS  works  to  resolve  large-scale  problems  that  affect TAS can provide a variety of information for tax professio-
many taxpayers. If you know of one of these broad issues,    nals,  including  tax  law  updates  and  guidance,  TAS  pro-
report it to them at IRS.gov/SAMS.                           grams,  and  ways  to  let  TAS  know  about  systemic  prob-
                                                             lems you’ve seen in your practice.

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                      To help us develop a more useful index, please let us know if you have ideas for index entries.
Index                 See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.
 
                                        Defined 9                          Private delivery services (PDSs)              5
A                                     Federal unemployment (FUTA) taxes 23 Publications (See Tax help)
Accuracy of Deposits Rule   19        Forms:
Additional Medicare Tax   11            843 22                             R
Adjustments  22                         940 23                             Reconciling Forms W-2, W-3, and 943              24
Aliens, nonresident  13                 943 21                             Reconciling wage reporting forms               24
Assistance (See Tax help)               943-X 22                           Recordkeeping   5
                                        I-9 4
C                                       Schedule H (Form 1040)   21        S
                                        Schedule R (Form 943)   3
Calendar 5                              W-2  4 23,                         Share farmers 10
Certified professional employer         W-4  4 13,                         Social security and Medicare 
  organizations (CPEOs)     2           W-4(SP) 4 13,                       withholding  11
Change of address    4                                                     Social security number (SSN)    8
Commodity wages     10                                                     Spouses who own and operate a 
Correcting employment taxes    22     H                                     business together  9
Crew leaders 9                        H-2A visa holders 10                 Supplemental wages  15
Criminal prosecution   21             Household employees:
                                        Employment tax withholding  10     T
D                                                                          Tax help 26
Deposit:                              I                                    Taxpayer identification number (TINs)            7
  Penalties 20                        Income tax withholding:              Trust fund recovery penalty   20
Deposit rules:                          How to figure 15
  Electronic funds transfer 16          Who must withhold 12               U
  Legal holiday 18                    Independent contractor  9            Unemployment tax, federal     23
  Lookback period   17
  Monthly deposit schedule  17        L                                    W
  Semiweekly deposit schedule  18     Legal holiday 18                     Withholding:
Differential wage payments   3        Lookback period  17                   Income tax   12
Disaster tax relief 2
                                                                            Nonresident aliens 13
                                      M                                     Supplemental wages 15
E                                     Marriage, definition of 3            Work opportunity tax credit   3
E-file 3
Electronic deposits  19               N                                    Z
Electronic filing 3
                                      New employees   4
Electronic payment   3                                                     Zero wage return  5
                                      Noncash wages   10
Employee defined    9
Employer identification number (EIN) 7
Employers of farmworkers    9         O
Exemption from withholding     13     Outsourcing payroll duties 2

F                                     P
Farmworkers:                          Penalties 20
  Crew leaders  9                     Prior year adjustments  22

Publication 51 (2023)                                                                                        Page 29






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