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Specific Instructions:

Part 1:Answer these questions for this quarter.

Employers in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands are not required to complete lines 2, 3, 6, 7d, 7f, 9, 10,
and 14.

1. Number of employees who received wages, tips, or other compensation for the pay period including:

Enter the number of employees on your payroll for the pay period including March 12, June 12, September 12, or December 12 for the quarter indicated at the top of the return. Do not include:

  • Household employees,

  • Employees in nonpay status for the pay period,

  • Farm employees,

  • Pensioners, or

  • Active members of the Armed Forces.

If you enter “250” or more on line 1, you must file Forms W-2 electronically. For details, call the SSA at 1-800-772-6270 or visit SSA's Employer W-2 Filing Instructions & Information website at
www.socialsecurity.gov/employer.

4. If no wages, tips, and other compensation are subject to social security or Medicare tax . . .

If no wages, tips, and compensation are subject to social security or Medicare tax, check the box on line 4. If this question does not apply to you, leave the box blank. For more information about exempt wages, see section 12 of Pub. 80 (Circular SS) and section 4 of Pub. 15-A.

If you are a government employer, wages you pay are not automatically exempt from social security and Medicare taxes. Your employees may be covered by law or by a voluntary Section 218 Agreement with the SSA. For more information, see Pub. 963, Federal-State Reference Guide.

5. Taxable social security and Medicare wages and tips

5a. Taxable social security wages.

Report the total wages, sick pay, and fringe benefits subject to social security taxes that you paid to your employees during the quarter. For this purpose, sick pay includes payments made by an insurance company to your employees for which you received timely notice from the insurance company. See section 6 in Pub. 15-A for more information about sick pay reporting.

Enter the amount before deductions. Do not include tips on this line. For information on types of wages subject to social security taxes, see section 4 of Pub. 80 (Circular SS).

The rate of social security tax on taxable wages is 6.2 percent (.062) each for the employer and employee or 12.4 percent (.124) for both. Stop paying social security tax on and reporting an employee's wages on line 5a when the employee's taxable wages (including tips) reach $106,800 during 2009. However, continue to withhold Medicare taxes for the whole year on wages and tips even when the social security wage base of $106,800 has been reached.

line 5a (column 1)
x.124  
line 5a (column 2)

5b. Taxable social security tips.

Enter all tips your employees reported to you during the quarter until the total of the tips and wages for an employee reach $106,800 in 2009. Do this even if you were unable to withhold the employee tax of 6.2%.

An employee must report cash tips to you, including tips you paid the employee for charge customers, totaling $20 or more in a month by the 10th of the next month. Employees may use Form 4070, Employee's Report of Tips to Employer (available only in Pub. 1244, Employee's Daily Record of Tips and Report to Employer), or submit a written statement or electronic tip record.

Do not include allocated tips on this line. Instead, report them on Form 8027, Employer's Annual Information Return of Tip Income and Allocated Tips. Allocated tips are not reportable on Form 941-SS and are not subject to social security or Medicare taxes.

line 5b (column 1)
x .124  
line 5b (column 2)

5c. Taxable Medicare wages and tips.

Report all wages, tips, sick pay, and taxable fringe benefits that are subject to Medicare tax. Unlike social security wages, there is no limit on the amount of wages subject to Medicare tax.

Include all tips your employees reported during the quarter, even if you were unable to withhold the employee tax of 1.45%.

line 5c (column 1)
x .029  
line 5c (column 2)

For more information, see sections 4, 5, and 7 of Pub. 80
(Circular SS).

5d. Total social security and Medicare taxes.

Add the social security tax (line 5a), social security tips tax (line 5b), and Medicare tax (line 5c) and enter the result on line 5d.

7. TAX ADJUSTMENTS

Enter tax amounts on lines 7a through 7c that result from current quarter adjustments. Use a minus sign (if possible) to show an adjustment that decreases the total taxes shown on line 5d, instead of parentheses. Doing so enhances the accuracy of our scanning software. For example, report "-10.59" instead of "(10.59)." However, if your software only allows for parentheses in reporting negative amounts, you may use them.

Current quarter's adjustments.   In certain cases, you must adjust the amounts you reported as social security and Medicare taxes in column 2 of lines 5a, 5b, and 5c to figure your correct tax liability for this quarter's Form 941-SS. See section 8 of Pub. 80 (Circular SS).

Prior quarter's adjustments.   If you need to adjust any amount reported on lines 7a, 7b, or 7c from a previously filed Form 941-SS, complete and file Form 941-X. Form 941-X is an adjusted return and is filed separately from Form 941-SS. See section 9 of Pub. 80 (Circular SS).

7a. Current quarter's fractions of cents.

Enter adjustments for fractions of cents (due to rounding) relating to the employee share of social security and Medicare taxes withheld. The employee share (one-half) of amounts shown in column 2 of lines 5a–5c may differ slightly from amounts actually withheld from employees' paychecks due to the rounding of social security and Medicare taxes based on statutory rates.

7b. Current quarter's sick pay.

Enter the adjustment for the employee share of social security and Medicare taxes that were withheld by your third-party sick pay payer.

7c. Current quarter's adjustments for tips and group-term life insurance.

Enter adjustments for:

  • Any uncollected employee share of social security and Medicare taxes on tips and

  • The uncollected employee share of social security and Medicare taxes on group-term life insurance premiums paid for former employees.

7d. TOTAL ADJUSTMENTS.

Combine all adjustments shown on lines 7a through 7c and enter the result here.

8. Total taxes after adjustments

Combine the amounts shown on lines 5d and 7d and enter the result here.

  • If line 8 is less than $2,500, you may pay the amount with Form 941-SS or you may deposit the amount. To avoid a penalty, you must pay the amount in full with a timely filed return or you must deposit the amount timely. See section 8 of Pub. 80 (Circular SS) for information and rules about federal tax deposits.

  • If line 8 is $2,500 or more, you must deposit the amount by using the Electronic Federal Tax Payment System (EFTPS) or at an authorized financial institution with Form 8109. The amount shown on line 8 must equal the “Total liability for quarter” shown on Form 941-SS, line 17 or the “Total liability for the quarter” shown on Schedule B (Form 941).

If you are a semiweekly depositor, you must complete Schedule B (Form 941). If you fail to complete and submit Schedule B (Form 941), the IRS will assert deposit penalties based on available information.

11. Total deposits for this quarter...

Enter your deposits for this quarter, including any overpayment that you applied from filing Form 941-X or Form 944-X in the current quarter. Also include in the amount shown any overpayment from a previous period that you applied to this return.

12a. COBRA premium assistance payments

Report on this line the COBRA premium assistance payments you made. Only report the premium assistance payments you made for the assistance eligible individuals who have paid their reduced premiums. This amount should be 65% of the total COBRA premiums for assistance eligible individuals without regard to the reduction. Do not include any amounts paid to you by the COBRA assistance eligible individuals. For COBRA coverage provided under a self-funded plan, COBRA premium assistance payments are treated as having been made for each assistance eligible individual who pays 35% of the COBRA premium.

12b. Number of individuals provided COBRA premium assistance on line 12a

Enter the total number of individuals provided COBRA premium assistance payments reported on line 12a.

13. Total deposits and COBRA credit

Add lines 11 and 12a.

14. Balance due

If line 8 is more than line 13, write the difference in line 14. Otherwise, see Overpayment below.You do not have to pay if line 14 is under $1. Generally, you should have a balance due only if your total taxes for the quarter (line 8) are less than $2,500. However, see section 8 of Pub. 80 (Circular SS) for information about payments made under the Accuracy of Deposits Rule.

You may pay the amount shown on line 14 using EFTPS, a credit card, a check or money order, or electronic funds withdrawal (EFW). Do not use a credit card or EFW to pay taxes that were required to be deposited. For more information on paying your taxes with a credit card or EFW, visit the IRS website at www.irs.gov and click on the Online Services link.

If you pay by EFTPS, credit card, or EFW, file your return using the without a payment address on page 2 under Where Should You File? and do not file Form 941-V, Payment Voucher.

If you pay by check or money order, make it payable to the United States Treasury. Enter your EIN, Form 941-SS, and the tax period on your check or money order. Complete Form 941-V(SS) and enclose with Form 941-SS.

If line 8 is $2,500 or more and you have deposited all taxes when due, the balance due on line 14 should be zero.

If you do not deposit as required and, instead, pay the taxes with Form 941-SS, you may be subject to a penalty.

15.Overpayment

If line 13 is more than line 8, write the difference in line 15. Never make an entry in both lines 14 and 15.

If you deposited more than the correct amount for the quarter, you can choose to have the IRS either refund the overpayment or apply it to your next return. Check the appropriate box in line 15. If you do not check either box, we will automatically refund the overpayment. We may apply your overpayment to any past due tax account that is shown in our records under your EIN.

If line 15 is under $1, we will send a refund or apply it to your next return only if you ask us in writing to do so.

Complete both pages.

You must complete both pages of Form 941-SS and sign on page 2. Failure to do so may delay processing of your return.

Part 2:Tell us about your deposit schedule and tax liability for this quarter.

17. Check one:

  • If line 8 is less than $2,500, check the appropriate box in line 17 and go to Part 3.

  • If you reported $50,000 or less in taxes during the lookback period (see below), you are a monthly schedule depositor unless the $100,000 Next-Day Deposit Rule discussed in section 8 of Pub. 80 (Circular SS) applies. Check the appropriate box on line 17 and enter your tax liability for each month in the quarter. Add the amounts for each month. Enter the result in the Total liability for quarter box.

    Note that your total tax liability for the quarter must equal your total taxes shown on line 8. If it does not, your tax deposits and payments may not be counted as timely. Do not change your tax liability on line 17 by adjustments reported on any Forms 941-X.

    You are a monthly schedule depositor for the calendar year if the amount of your Form 941-SS taxes reported for the lookback period is $50,000 or less. The lookback period is the four consecutive quarters ending on June 30 of the prior year. For 2009, the lookback period begins July 1, 2007, and ends June 30, 2008. For details on the deposit rules, see section 8 of Pub. 80 (Circular SS). If you filed Form 944-SS in either 2007 or 2008, your lookback period is the 2007 calendar year.

    This is a summary of your monthly tax liability, not a summary of deposits you made. If you do not properly report your liabilities when required or if you are a semiweekly schedule depositor and report your liabilities on line 17 instead of on Schedule B (Form 941), you may be assessed an “averaged” failure-to-deposit (FTD) penalty. See in section 8 of Pub. 80 (Circular SS) for more information.

  • If you reported more than $50,000 of taxes for the lookback period (see above), you are a semiweekly schedule depositor. Check the appropriate box on line 17.

    You must complete the Schedule B (Form 941) and submit it with your Form 941-SS. Do not use Schedule B (Form 941) if you are a monthly schedule depositor.

    Do not change your tax liability on Schedule B (Form 941) by adjustments reported on any Forms 941-X.

Part 3:Tell us about your business.

In Part 3, answer only those questions that apply to your business. If the questions do not apply, leave them blank and go to Part 4.

18.If your business has closed . . .

If you go out of business or stop paying wages, you must file a final return. To tell the IRS that a particular Form 941-SS is your final return, check the box on line 18 and enter the date you last paid wages in the space provided. For additional filing requirements, see Final Return on page 2 of these instructions.

19.If you are a seasonal employer . . .

If you hire employees seasonally—such as for summer or winter only—check the box on line 19. Checking the box tells the IRS not to expect four Forms 941-SS from you throughout the year because you have not paid wages regularly.

Generally, we will not ask about unfiled returns if you file at least one return showing tax due each year. However, you must check the box every time you file a Form 941-SS.

Also, when you fill out Form 941-SS, be sure to check the box on the top of the form that corresponds to the quarter reported.

Part 4:May we speak with your third-party designee?

If you want to allow an employee, a paid tax preparer, or another person to discuss your Form 941-SS with the IRS, check the “Yes” box in Part 4. Then tell us the name, phone number, and the five-digit personal identification number (PIN) of the specific person to speak with—not the name of the firm who prepared your tax return. The designee may choose any five numbers as his or her PIN.

By checking “Yes,” you authorize the IRS to talk to the person you named (your designee) about any questions we may have while we process your return. You also authorize your designee to:

  • give us any information that is missing from your return,

  • call us for information about processing your return, and

  • respond to certain IRS notices that you have shared with your designee about math errors and return preparation. The IRS will not send notices to your designee.

You are not authorizing your designee to bind you to anything (including additional tax liability) or to otherwise represent you before the IRS. If you want to expand your designee's authorization, see Pub. 947, Practice Before the IRS and Power of Attorney.

The authorization will automatically expire 1 year from the due date (without regard to extensions) for filing your Form 941-SS. If you or your designee want to terminate the authorization, write to the IRS office for your locality using the without a payment address under Where Should You File? on page 2.

Part 5:Sign here

Complete all information in Part 5 and sign Form 941-SS as follows.

•Sole proprietorship—   The individual who owns the business.

•Corporation (including a limited liability company (LLC) treated as a corporation)—   The president, vice president, or other principal officer duly authorized to act.

•Partnership (including an LLC treated as a partnership) or unincorporated organization—   A responsible and duly authorized member or officer having knowledge of its affairs.

•Single member LLC treated as a disregarded entity—   The owner of the LLC.

•Trust or estate—   The fiduciary.

Form 941-SS may also be signed by a duly authorized agent of the taxpayer if a valid power of attorney has been filed.

Alternative signature method.   Corporate officers or duly authorized agents may sign Form 941-SS by rubber stamp, mechanical device, or computer software program. For details and required documentation, see Rev. Proc. 2005-39. You can find Rev. Proc. 2005-39 on page 82 of Internal Revenue Bulletin 2005-28 at
www.irs.gov/pub/irs-irbs/irb05-28.pdf.

Paid preparers.   A paid preparer must sign Form 941-SS and provide the information in the Paid preparer's use only section of Part 5 if the preparer was paid to prepare Form 941-SS and is not an employee of the filing entity. Paid preparers must sign paper returns with a manual signature. The preparer must give you a copy of the return in addition to the copy to be filed with the IRS.

  If you are a paid preparer, write your SSN or your Preparer Tax Identification Number (PTIN) in the space provided. Include your complete address. If you work for a firm, write the firm's name and the EIN of the firm. You can apply for a PTIN using Form W-7P, Application for Preparer Tax Identification Number. You cannot use your PTIN in place of the EIN of the tax preparation firm.

  Generally, do not complete this section if you are filing the return as a reporting agent and have a valid Form 8655, Reporting Agent Authorization, on file with the IRS. However, a reporting agent must complete this section if the reporting agent offered legal advice, for example, advising the client on determining whether its workers are employees or independent contractors for federal tax purposes.

How to Order Forms and Publications from the IRS

Call 1-800-829-3676 (U.S. Virgin Islands only), or 215-516-2000 (toll call).

Visit the IRS website at www.irs.gov.


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