Below is a list of the most common customer questions.
If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is the purpose of Form 941 (PR)?
Form 941 (PR) is used to report a change in marital or family status. If you report a change in marital or family status on Form 941 (PR) and that change impacts one spouse only, the nonlawful spouse may not file a joint return. If the change impacts both spouses, the nonlawful spouse may file a joint return.
See the Instructions for Form 941 (PR) for information on filing jointly.
What are the possible penalties if Form 941 (PR) is filed improperly?
If you willfully fail to file a Form 941 (PR) containing the correct information and in some cases willfully make a mistake, you may be liable for penalties. These penalties may apply even if you have filed all other required forms, including the U.S. income tax return. The amount of the penalties may include any required social security and Medicare taxes and penalties or interest.
What are the exceptions to the filing deadline for Form 941 (PR)?
You can submit Form 941-PR anytime before or after the filing deadline for your individual tax return. Generally, you can submit Form 941-PR after the due date for filing your individual tax return (generally April 15). However, if you have filed a joint return with your spouse, the late filing penalties must be paid before the return is due. See the Instructions for Form 941 (PR) for information on your obligations after the due date for filing your individual tax return.
Is there a penalty for the late filing of Form 941?
You may be liable for penalties for late filing if you are required to file a Form 941 (PR) if you and your spouse are married, as a dual citizen of the United States, or as a U.S. national residing outside the United States.
Are nonresident aliens required to file a Form 941 (PR)?
Generally, a person who is not a U.S. citizen or resident alien is not required to file a Form 941 (PR). However, some nonresident aliens are required to file a Form 941-PR if they work in the United States. Nonresident alien employees need to file a Form 941-PR by the end of the year following the end of the year in which their tax return was due. The employee will send a copy of the Form 941-PR to his or her U.S. employer.
Who should complete Form 941 (PR)?
If your employee is self-employed, he or she is usually eligible for the Form 941. You may have other workers who might qualify.
Your employee's employment must be for 3 or more quarters in the current tax year.
Your employee must file a tax return (Form 941), and you must file a Form 941-T, Treas. Reg. 1.41-1(q), if you are required to file a return.
You may also choose to complete Form 941-T, provided your employee is not required to file a tax return to receive a refund. See the Instructions for Form 941-T (PDF, 1.1 MB).
For guidance, you can review the Tax Code or the Instructions for Form 941 (PDF, 1.1 MB).
The IRS will pay a portion of the Form 941 employee's reasonable expenses.
If you have to file Forms 941, it's better to get your employees ready for their tax return. When you have to prepare your Form 941, start today!
There are many ways to prepare Form 941.
What happens if an employee has to file a Form 941.
After completing your Form 941, you should keep one copy for yourself and give the other copy to your employee. File Form 941 with all you may need in case you have to file it.
Note: The IRS will not pay if you file a Form 941 employee with only an unverified tax return. To learn why, refer to IRS Bulletin 2011-12: “Reasons If Your Employee Fails To File a Tax Return.”
If an employee is eligible for a payment.
If your employee completes his or her Form 941 by June 1 and your employee has not filed a tax return to the current tax year, he or she is eligible for a payment. You must be able to determine how much the employee is entitled to. This will help determine if it's best for you to pay the employee by the tax year that the employee is eligible to file by. When you are paying employees, check with your payroll division to see what rules apply to a return being filed. (For more information, see Your Employees Who Filed a Tax Return and Failing to Pay Their Tax.)
How you pay depend on the type of payment you make to your employees and which of your employees has to file Form 941.
When do I need to complete Form 941 (PR)?
This year is a good time to file Form 941. It's the perfect time to file if:
You plan to take a position as an employee, if applicable
You are an independent contractor and plan to collect business income
You can't take a position as an employee because of the tax filing requirements
You will have to pay a self-employment tax of 7.65 percent and the Medicare tax of 2 percent on your taxable wages.
Is there a penalty if I didn't file a return?
Depending upon the reason the return was not filed, penalties can be imposed. Check this IRS publication for additional information.
How do I change my address?
If you want to change your mailing address, select a new one on Form 941 and mail it directly to the IRS. Alternatively, you can call us at. You will need to re-register on the IRS website to access your current file and to access the instructions about changing your address. You must request a new mailing address with the IRS before your current address becomes invalid.
Did a Form 3442 (Information Return) or Form 9465 (Employer Health Care Tax Return) help me?
Forms 3442 and 9465 can help you make sure you pay all the health insurance you owe. If you owe an amount for tax year 2016 to pay health insurance premiums, and you did not file either of these forms, you may be able to make an appeal to the IRS. You may also be able to file an amended return to correct any information missing or incorrect on the initial return, such as your name.
Can I create my own Form 941 (PR)?
Yes, form 941 can be created as a separate document using the IRS.
Where can I learn more about Form 941?
For further information or instructions about this form, or questions about these online forms, you can refer to our Guide to Understanding and Using Form 941.
Who can I call to ask about Form 941?
If you have a question about Form 941 or a related form, contact us. Here are the numbers for each tax form.
Form 941 Instructions: (Toll-free) or
Form 941:
Form 941-V:
You can learn more about all the forms and procedures we used to prepare these forms here.
What should I do with Form 941 (PR) when it’s complete?
After the Form 941 (PR) is filed, complete the e-File Application.
If you are submitting Forms SSA-1099 and/or SSA-1099-EZ (which you can't submit to a P.O. Box), complete and attach a copy of both returns to your e-File Application.
After your tax information is e-filed using e-file-online, you can print and complete Form 941 (PR) to file with the IRS.
How do I get my Form 941 (PR)?
If you are claiming your Social Security retirement from your employer, you must fill out Form 941-PR.
If you are filing alone, you must complete Form 944.
Fill out Form 941-PR for your Social Security disability claim.
Form 944 is used for your employee with a disability, spouse with a disability (if you are the wife or husband), and other family dependent. See the next question.
If you are requesting an amount for your employee with a disability, spouse with a disability, or dependent, you must file an amended return and attach a copy of your Form 944 with the return. Your amended return must include Form 1312, which you must use if you are claiming a refund for a Form 941 (PR) claim or Form 1244.
Use Form 2555 to report payments due to your employee who is in receipt of a monthly unemployment benefit and has been receiving benefits for at least 30 consecutive months.
Is there a deadline to pay my employee's benefits?
If your employee is receiving monthly Social Security benefits, he or she must be paid immediately. Failure to pay and notify the IRS about any nonpayment of monthly benefits before the deadline is considered a failure to make required minimum payments.
If you are having a period of unemployment, you must have the required amounts of monthly benefits sent to the correct IRS addresses. Failure to send any amounts before the 10-day limit is used may constitute a failure to make any required minimum payments under IRC Section 401.
Employees must be paid by check (not money order) with the following mailing addresses:
Payments made on paper or through the Internet should be sent to:
Social Security Administration, P.O. Box 23100, Dallas TX 75;
For employees receiving benefits from another agency, you should check with your local Social Security Administration office for instructions.
If I want my wages electronically sent to the U.S. Treasury, what is this process?
Employees must complete IRS Form 4684 as soon as possible after you decide to submit your Form 4684 electronically. However, they have several business days to prepare, file and pay all required forms. After the requisite forms are received, the employer files each IRS Form 4684 and the employee sends a payment via Direct Debit to the IRS.
What documents do I need to attach to my Form 941 (PR)?
The first page of Form 941 is titled “Request for Withholding Exemption From U.S. Income Tax Pursuant to Sections 911(a) & 911(b)” and includes the information necessary to establish your right to an exemption from U.S. income tax, or to claim a credit for U.S. income taxes paid to another country. This form is also referred to as Form 951.
In other words, this is the documentation that you will need to send to the Internal Revenue Service to take advantage of the income tax benefits available to U.S. citizens who are expatriated from the U.S. and/or who have an employer that has a permanent establishment in a foreign country.
To submit Form 941, you must complete all the required information on the front page. Fill out the space for Form 941 and attach it to your form. You will have to also fill out the tax exemption information.
The Form 941 is also titled “Statement under Penalty of perjury and subject to penalties provided in section 6012.” Fill out and attach the penalty-free section of Form 941 and provide its signature, indicating the applicant has not withheld income tax.
The penalty-free section of the Form 941 must be filed with your personal tax return. You must send the penalty-free portion of Form 941 to the IRS by October 31, 2016, so that you can apply for your tax amnesty. The IRS will mail the Form 941 to you, and you must either mail it to the IRS with all the required information or wait to have it mailed to you and then file the IRS Form 4460, Claim for Tax Refund of Exemptions from U.S. Income Tax Paid, by December 31, 2016, if you chose to mail the Form 941.
If you submitted a complete Form 941 before October 31, 2016, but are no longer required to file Form 4460, then you must file the IRS Form 4460 by December 31, 2016, as the earlier deadline was for filing Form 941. If you chose to mail the Form 941, you must file the IRS Form 4460 by October 31, 2016, to be eligible for your tax amnesty.
Note that if the U.S. tax amnesty program does not begin before October 31, 2016, the amnesty program will not begin in a timely manner.
What are the different types of Form 941 (PR)?
Some Form 941 is mailed out immediately. Others are mailed out at two hours or less. All are mailed out at your request. Form 941 is used for employees who do not have a current TPS application or who haven't paid taxes in the past two years. These employees are given a short time period to get their application ready.
Some employers have Form 941 that includes a notice of termination.
If you are receiving a Form 941, it is important to review this notice with your attorney or payroll clerk. If you receive this notice only because of a FIFA, you may be considered to be being “voluntarily displaced.” You may also be considered to be an employee who was terminated under the Americans with Disabilities Act (ADA). The fact that you were terminated and did not receive any reason for your termination may be considered evidence of intentional discrimination against you under section 504 of the Rehabilitation Act.
To receive a copy of Form 941, you need to follow the instructions for getting a copy of Form 941 from the IRS. The instructions allow you to get a copy using the Electronic Payment System (EPS), which is provided by most financial institutions. You can get the Form 941 from the IRS website. However, if you receive a Form 941 that the IRS does not accept in electronic form (such as a Form 941 that does not include a notice of termination), you may obtain a paper copy by sending Form 941.SF1 or Form 9038.1 to the address found on the back of each of the individual forms listed below (the same address you used when you completed the PR application):
General Records
Internal Revenue Service
P.O. Box 1416
Oceanside, CA 92
Employee Records
Internal Revenue Service
P.O. Box 1401
Oceanside, CA 92
If the IRS does not accept Form 941 in electronic form, you may request a paper copy by sending Form 941.SF1 or Form 9038.1 to the address found on the back of the individual forms listed below (the same address you used when you completed the PR application):
General Records
Internal Revenue Service
P.O. Box 1401
Oceanside, CA 92
Employee Records
Internal Revenue Service
P.O.
How many people fill out Form 941 (PR) each year?
The IRS publishes Form 941 in fiscal year 2015 data tables.
The 2015 annual report also includes projections for future years.
How many taxpayers fill these forms each year?
The IRS publishes Form 941A each year to report the number of taxpayers who file a federal tax return with personal exemptions and tax credits, who file a tax return with no credits, whose credit payments are disallowed and have no deductions, and who do not file a return.
There is also Form 941B (PR), issued by the Secretary of the Treasury for reporting returns with personal exemptions and tax credits for nonbusiness taxpayers that file a federal tax return.
What information do I have to include when I file a Form 941 or 941A?
What types of income do I report if I claim a personal exemption or tax credit?
What are the different forms that I can use to report my income on Form 941 (and Form 941A)?
Why can't I file Form 941 and Form 941A? My federal taxes don't match what my state reports.
What if I've already filed Form 941 with my state?
When can I file Form 941 or 941A?
If I have any tax debts, can I file a tax return?
If I am in the military, can I file a return?
If I am unemployed, how can I file a return?
When Form 941 is due
For 2016 tax return, if your refund is over the IRS allowable limit
If you're claiming a refund, the IRS automatically sends you Form 941. In 2016, the amount owed is 12,932.30. See the Instructions for Form 941 if you're filing a joint return. If you're filing a separate return for each dependent, or you need to file Form 941 with the state tax return, your refund may be over the IRS allowable amount even if you've filed Form 941.
Note. For more information about Form 941, see chapter 10 of Publication 970.
If you have a tax debt, but the amount owed is not more than the IRS allowable limit, make sure to report the full amount or your federal tax debt won't be included in your federal tax return. You or your lawyer can tell the IRS about any unpaid tax debt on IRS Form 941.
Is there a due date for Form 941 (PR)?
I filed a Form 941, but it didn't cover all the income in my account. Now I need to pay the taxes, what is the due date on Form 940 (ITC)?
What is the due date for Form 941/Form 940?
How do I calculate my IRA tax?
How much do I lose for a non-deductible IRA contributions?
Form 1045EZ (non-deductible IRA tax credit)
I am married filing jointly with my wife, and we're filing a joint 1040. She did not fill in the Schedule K-1 with no name changes. I am filing Schedule K-2 with the name changes mentioned above, and have a Form 1098 for my own tax return. What can we do to make it work?
I'm filing 1040S; I have no tax liability in a previous year. I made a deduction on my Schedule C (Form 1040), which is the form for business expenses, but it only showed business expenses from 2014 and no such thing is given for 2015.
How Do I Use IRS Form 4438?
I filed a late tax return (1040, 1040A, or 1040EZ) and paid all of my taxes in full. However, they did not send me an extension notice. Now that I've paid all of my taxes, I would like to know how much time I have to file for the next year? Where can I find out how many days I have remaining after filing for the following year?
We filed a joint return, and we split the income between us for 2014, 2015, and 2016 with respect to the business income. However, in 2017 we are going to file individual income tax returns in each of those years separately, so we would like to know how much we have to pay for those years together.
We are filing jointly on 2016 and 2s.