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left arrowPrevious Page: Publication 15 - Circular E, Employer's Tax Guide - (Circular E), Employer's Tax Guide
right arrowNext Page: Publication 15 - Circular E, Employer's Tax Guide - Introduction
Use  left arrowright arrow to find additional instances of index items.

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Reminders


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Electronic Filing and Payment


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Electronic Filing and Payment

Now, more than ever before, businesses can enjoy the benefits of filing and paying their federal taxes electronically. Whether you rely on a tax professional or handle your own taxes, the IRS offers you convenient programs to make filing and payment easier.

Spend less time and worry on taxes and more time running your business. Use e-file and the Electronic Federal Tax Payment System (EFTPS) to your benefit.


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Credit Card Payments


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Credit Card Payments

You can use your American Express® Card, Discover® Card, MasterCard® card, or Visa® card to pay the balance due shown on Form 940, Form 941, Form 944, or Form 944(SP). To pay by credit card, call toll-free or visit the website of either service provider listed below and follow the instructions. A convenience fee will be charged by the service provider based on the amount you are paying. Fees vary between the providers. You will be told what the fee is during the transaction and you will have the option to either continue or cancel the transaction. You can also find out what the fee will be by calling the provider's toll-free automated customer service number or by visiting the provider's website shown below. If you pay by credit card before filing your return, enter the confirmation number you were given at the end of the transaction and the amount you charged (not including the convenience fee) in the upper-left corner margin on page 1 of the form. You may not use a credit card to pay taxes that are required to be deposited.


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Forms in Spanish


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Forms in Spanish

You can provide Forma W-4(SP), Certificado de Exención de la Retención del(la) Empleado(a), in place of Form W-4, Employee's Withholding Allowance Certificate, to your Spanish-speaking employees. For more information, see Publication 579SP, Cómo Preparar la Declaración de Impuesto Federal. You can also provide Forma W-5(SP), Certificado del Pago por Adelantado del Crédito por Ingreso del Trabajo, in place of Form W-5, Earned Income Credit Advance Payment Certificate. For nonemployees, new Forma W-9(SP), Solicitud y Certificación del Número de Identificación del Contribuyente, may be used in place of Form W-9, Request for Taxpayer Identification Number and Certification.


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Hiring New Employees


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left link arrow Hiring New Employees right link arrow


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Eligibility for employment.


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You must verify that each new employee is legally eligible to work in the United States. This will include completing the U.S. Citizenship and Immigration Services (USCIS) Form I-9, Employment Eligibility Verification. You can get the form from USCIS offices or by calling 1-800-870-3676. Contact the USCIS at 1-800-375-5283, or visit the USCIS website at www.uscis.gov for further information.


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New hire reporting.


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You are required to report any new employee to a designated state new hire registry. Many states accept a copy of Form W-4 with employer information added. Call the Office of Child Support Enforcement at 202-401-9267 or access its website at www.acf.hhs.gov/programs/cse/newhire for more information.


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Income tax withholding.


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Ask each new employee to complete the 2007 Form W-4. See section 9.


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Name and social security number.


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Record each new employee's name and number from his or her social security card. Any employee without a social security card should apply for one. See section 4.


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Paying Wages, Pensions, or Annuities


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Wage, Pension or Annuity


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Correcting Form 941 or Form 944.


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If you discover an error on a previously filed Form 941 or Form 944, make the correction for the quarter (Form 941) or the year (Form 944) in which you discovered the error and attach Form 941c, Supporting Statement to Correct Information. For example, in March 2007, you discover that you underreported $10,000 in social security and Medicare wages on your fourth quarter 2006 Form 941. Correct the error by showing $1,530 (15.3% × $10,000) on line 7e of your 2007 first quarter Form 941 and attaching a completed Form 941c. See Prior Period Adjustments in section 13 for more information.


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Income tax withholding.


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Withhold federal income tax from each wage payment or supplemental unemployment compensation plan benefit payment according to the employee's Form W-4 and the correct withholding rate. If you have nonresident alien employees, see Withholding income taxes on the wages of nonresident alien employees in section 9.

Withhold from periodic pension and annuity payments as if the recipient is married claiming three withholding allowances, unless he or she has provided Form W-4P, Withholding Certificate for Pension or Annuity Payments, either electing no withholding or giving a different number of allowances, marital status, or an additional amount to be withheld. Do not withhold on direct rollovers from qualified plans or governmental section 457(b) plans. See section 9 and Publication 15-A, Employer's Supplemental Tax Guide. Publication 15-A includes information about withholding on pensions and annuities.


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Zero wage return.


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If you have not filed a "final" Form 941 or Form 944, or are not a "seasonal" employer (see lines 16 and 17 on Form 941), you must continue to file a Form 941 or Form 944 even for periods during which you paid no wages. IRS encourages you to file your "Zero Wage" Forms 941 or 944 electronically using IRS e-file at www.irs.gov. Click on the e-file logo located at the lower-left corner of the webpage.

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Employer Responsibilities Text Description Employer Responsibilities  

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Information Returns


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You may be required to file information returns to report certain types of payments made during the year. For example, you must file Form 1099-MISC, Miscellaneous Income, to report payments of $600 or more to persons not treated as employees (for example, independent contractors) for services performed for your trade or business. For details about filing Forms 1099 and for information about required electronic or magnetic media filing, see the 2007 General Instructions for Forms 1099, 1098, 5498, and W-2G for general information and the separate, specific instructions for each information return that you file (for example, 2007 Instructions for Forms 1099-MISC). Do not use Forms 1099 to report wages and other compensation that you paid to employees; report these on Form W-2. See the separate Instructions for Forms W-2 and W-3 for details about filing Form W-2 and for information about required electronic filing. If you file 250 or more Forms 1099, you must file them electronically or on magnetic media. If you file 250 or more Forms W-2, you must file them electronically. SSA will not accept Forms W-2 and W-3 filed on tape or cartridge.


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Information reporting customer service site.


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The IRS operates the Enterprise Computing Center-Martinsburg, a centralized customer service site, to answer questions about reporting on Forms W-2, W-3, 1099, and other information returns. If you have questions related to reporting on information returns, call 1-866-455-7438 (toll free) or 304-263-8700 (toll call). The center can also be reached by email at mccirp@irs.gov. Call 304-267-3367 if you are a TDD/TYY user.


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Nonpayroll Income Tax Withholding


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Nonpayroll Income Tax Withholding

Nonpayroll federal income tax withholding must be reported on Form 945, Annual Return of Withheld Federal Income Tax. Form 945 is an annual tax return and the return for 2006 is due January 31, 2007. Separate deposits are required for payroll (Form 941 or Form 944) and nonpayroll (Form 945) withholding. Nonpayroll items include:

For details on depositing and reporting nonpayroll income tax withholding, see the Instructions for Form 945.

All income tax withholding reported on Forms 1099 or Form W-2G must also be reported on Form 945. All income tax withholding reported on Form W-2 must be reported on Form 941, Form 943, Form 944, or Schedule H (Form 1040).


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Distributions from nonqualified pension plans and deferred compensation plans.


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Because distributions to participants from some nonqualified pension plans and deferred compensation plans (including section 457(b) plans of tax-exempt organizations) are treated as wages and are reported on Form W-2, income tax withheld must be reported on Form 941 or Form 944, not on Form 945. However, distributions from such plans to a beneficiary or estate of a deceased employee are not wages and are reported on Forms 1099-R; income tax withheld must be reported on Form 945.


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Backup withholding.


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You generally must withhold 28% of certain taxable payments if the payee fails to furnish you with his or her correct taxpayer identification number (TIN). This withholding is referred to as "backup withholding."

Payments subject to backup withholding include interest, dividends, patronage dividends, rents, royalties, commissions, nonemployee compensation, and certain other payments that you make in the course of your trade or business. In addition, transactions by brokers and barter exchanges and certain payments made by fishing boat operators are subject to backup withholding.

Backup withholding does not apply to wages, pensions, annuities, IRAs (including simplified employee pension (SEP) and SIMPLE retirement plans), section 404(k) distributions from an employee stock ownership plan (ESOP), medical savings accounts, health savings accounts, long-term-care benefits, or real estate transactions.

You can use Form W-9 or Forma W-9(SP) to request that payees furnish a TIN and to certify that the number furnished is correct. You can also use Form W-9 or Forma W-9(SP) to get certifications from payees that they are not subject to backup withholding or that they are exempt from backup withholding. The Instructions for the Requester of Form W-9 (also available in Spanish) includes a list of types of payees who are exempt from backup withholding. For more information, see Publication 1281, Backup Withholding for Missing and Incorrect Name/TIN(s).


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Recordkeeping


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Keep all records of employment taxes for at least 4 years. These should be available for IRS review. Your records should include:


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Change of Address


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Change of Address

To notify the IRS of a new business mailing address or business location, file Form 8822, Change of Address. For information on how to change your address for deposit coupons, see Making deposits with FTD coupons in section 11.


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Private Delivery Services


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Private Delivery Services

You can use certain private delivery services designated by the IRS to mail tax returns and payments. The list includes only the following:

Your private delivery service can tell you how to get written proof of the mailing date.

Private delivery services cannot deliver items to P.O. boxes. You must use the U.S. Postal Service to mail any item to an IRS P.O. box address.


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Telephone Help


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left link arrow Assistance for Taxpayers right link arrow


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Tax questions.


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You can call the IRS with your employment tax questions at 1-800-829-4933.


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Help for people with disabilities.


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Telephone help is available using TTY/TDD equipment. You may call 1-800-829-4059 with any tax question or to order forms and publications. You may also use this number for assistance with unresolved tax problems.


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Recorded tax information (TeleTax).


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The IRS TeleTax service provides recorded tax information on topics that answer many individual and business federal tax questions. You can listen to up to three topics on each call that you make. Touch-Tone service is available 24 hours a day, 7 days a week. TeleTax topics are also available using a personal computer. Connect to www.irs.gov/taxtopics.

A list of employment tax topics is provided below. Select, by number, the topic you want to hear and call 1-800-829-4477. For the directory of all topics, select Topic 123.

Teletax Topics
Topic
No.
Subject
(These topics are available in Spanish)
752 Form W-2—Where, When, and How to File
  (Dónde, Cuándo y Cómo Presentar La Forma W-2)
753 Form W-4—Employee's Withholding Allowance Certificate
  (Forma W-4—Certificado de Deducción en la Retención del Empleado)
754 Form W-5—Advance Earned Income Credit
  (Forma W-5—Pago Anticipado del Crédito por Ingreso del Trabajo)
755 Employer Identification Number (EIN)—How to Apply
  (Como Solicitar Un Número de Identificación Patronal (EIN))
756 Employment Taxes for Household Employees
  (Impuestos Patronales por Empleados Domésticos)
757 Form 941—Deposit Requirements
  (Forma 941—Requisitos de Depósito)
758 Form 941—Employer's Quarterly Federal Tax Return
  (Forma 941—Declaración Trimestral del Impuesto Federal del Empleador)
759 Form 940—Deposit Requirements
  (Forma 940—Requisitos de Depósito)
760 Form 940—Employer's Annual Federal Unemployment Tax Returns
  (Forma 940—Declaración Anual del Empleador del Impuesto Federal para el Desempleo)
761 Tips—Withholding and Reporting
  (Propinas—Declaración y Retención)
762 Independent Contractor vs. Employee
  (Contratista Independiente vs. Empleado)


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Additional employment tax information.


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Visit the IRS website at www.irs.gov and type "Employment Tax" in the search box for a list of employment tax topics.


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Contacting Your Taxpayer Advocate


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Contacting Your Taxpayer Advocate

If you have attempted to deal with an IRS problem unsuccessfully, you should contact your Taxpayer Advocate. The Taxpayer Advocate independently represents your interests and concerns within the IRS by protecting your rights and resolving problems that have not been fixed through normal channels. While Taxpayer Advocates cannot change the tax law or make a technical tax decision, they can clear up problems that resulted from previous contacts and ensure that your case is given a complete and impartial review. To contact your Taxpayer Advocate:

For more information, see Publication 1546, The Taxpayer Advocate Service (now available in Chinese, Korean, Russian, and Vietnamese, in addition to English and Spanish).


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Filing Addresses


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Filing Addresses

Generally, your filing address for Forms 940, 941, 943, 944, and 945 depends on the location of your residence or principal place of business and whether or not you included a payment with your return. There are separate filing addresses for these returns if you are a tax-exempt organization or government entity. If you are located in the United States and do not include a payment with your return, you should file at either the Cincinnati or Ogden Service Centers. File Form CT-1 (for railroad retirement taxes) at the Cincinnati Service Center. See the separate instructions for Form 940, 941, 943, 944, 945, or CT-1 for details on where to file.


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Photographs of missing children


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The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child.

left arrowPrevious Page:  Publication 15 - Circular E, Employer's Tax Guide - (Circular E), Employer's Tax Guide
right arrowNext Page:  Publication 15 - Circular E, Employer's Tax Guide - Introduction
Use   left arrowright arrow  to find additional instances of index items.