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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
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Reminders


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left link arrow Reminders right link arrow


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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, IRS offers you convenient programs to make it easier.

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

 
Use the electronic options available from IRS and make filing and paying taxes easier.


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Hiring New Employees


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left link arrow Employee, Hire 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 2005 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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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 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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All U.S.-based (domestic) taxpayers may file their "Zero Wage" Forms 941 by telephone using the 941TeleFile system. See Publication 3950 for details. Eligible filers must have had (a) no withholding, (b) no federal tax deposits, and (c) no taxes to report for the quarter. Dial 1-800-583-5345 (toll free) to use 941TeleFile.

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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 2005 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, 2005 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 magnetic media or electronic filing. If you file 250 or more Forms W-2 or 1099, you must file them on magnetic media or electronically. Beginning with tax year 2005 forms (due to SSA in calendar year 2006), SSA will no longer accept Forms W-2 and W-3 filed on tape and cartridge.


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Information reporting call site.


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The IRS operates a centralized call 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 (not toll free). The call site can also be reached by email at mccirp@irs.gov.


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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 2004 is due January 31, 2005. Separate deposits are required for payroll (Form 941) 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 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, or Schedule H (Form 1040).

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Note.Because distributions to participants from some nonqualified pension plans and deferred compensation plans are treated as wages and are reported on Form W-2, income tax withheld must be reported on Form 941, 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.

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Note.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, Request for Taxpayer Identification Number and Certification, to request that payees furnish a TIN and to certify that the number furnished is correct. You can also use Form W-9 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 includes a list of types of payees who are exempt from backup withholding. For more information, see Publication 1679, A Guide to 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 four years. These should be available for IRS review. Your records should include:

  • Your employer identification number (EIN),
  • Amounts and dates of all wage, annuity, and pension payments,
  • Amounts of tips reported to you by your employees,
  • Records of allocated tips,
  • The fair market value of in-kind wages paid,
  • Names, addresses, social security numbers, and occupations of employees and recipients,
  • Any employee copies of Forms W-2 and W-2c that were returned to you as undeliverable,
  • Dates of employment for each employee,
  • Periods for which employees and recipients were paid while absent due to sickness or injury and the amount and weekly rate of payments you or third-party payers made to them,
  • Copies of employees' and recipients' income tax withholding allowance certificates (Forms W-4, W-4P, W-4S, and W-4V),
  • Dates and amounts of tax deposits that you made and acknowledgment numbers for deposits made by EFTPS,
  • Copies of returns filed, including 941TeleFile Tax Records and confirmation numbers, and
  • Records of fringe benefits and expense reimbursements provided to your employees, including substantiation.


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Change of Address


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

  • DHL Express (DHL): DHL Same Day Service; DHL Next Day 10:30 am; DHL Next Day 12:00 pm; DHL Next Day 3:00 pm; and DHL 2nd Day Service.
  • Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day, FedEx International Priority, and FedEx International First.
  • United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express.

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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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.


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TeleTax Topics


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Topic No. Subject
752 Form W-2 - Where, When, and How to File
753 Form W-4 - Employee's Withholding Allowance Certificate
754 Form W-5 - Advance Earned Income Credit
755 Employer identification number (EIN) - How to Apply
756 Employment Taxes for Household Employees
757 Form 941 - Deposit Requirements
758 Form 941 - Employer's Quarterly Federal Tax Return
759 Form 940 and 940-EZ - Deposit Requirements
760 Form 940 and 940-EZ - Employer's Annual Federal Unemployment Tax Return
761 Tips - Withholding and Reporting
762 Independent contractor vs. Employee


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Unresolved Tax Issues


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If you have attempted to deal with an IRS problem unsuccessfully, you should contact the 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.

Your assigned personal advocate will listen to your point of view and will work with you to address your concerns. You can expect the advocate to provide:

  • A "fresh look" at a new or ongoing problem,
  • Timely acknowledgement,
  • The name and phone number of the individual assigned to your case,
  • Updates on progress,
  • Timeframes for action,
  • Speedy resolution, and
  • Courteous service.

When contacting the Taxpayer Advocate, you should provide the following information.

  • Your name, address, and employer identification number (EIN).
  • The name and telephone number of an authorized contact person and the hours when he or she can be reached.
  • The type of tax return and year(s) involved.
  • A detailed description of the problem.
  • Previous attempts to solve the problem and the office that had been contacted.
  • A description of the hardship that you are facing (if applicable).

You may contact a Taxpayer Advocate online at www.irs.gov/advocate or by calling a toll-free number, 1-877-777-4778. Persons who have access to TTY/TDD equipment may call 1-800-829-4059 and ask for Taxpayer Advocate assistance. If you prefer, you may call, write, or fax the Taxpayer Advocate office in your area. See Publication 1546, The Taxpayer Advocate Service of the IRS, for a list of addresses and fax numbers.


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Filing Addresses.


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Generally, your filing address for Forms 940, 940-EZ, 941, 943, 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 an 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 Form 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 booklet 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.