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previous page Previous Page: Publication 80 - Circular SS - Federal Tax Guide for Employers in the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands - 7. How To Figure Social Security and Medicare Taxes
next page Next Page: Publication 80 - Circular SS - Federal Tax Guide for Employers in the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands - 9. Employer's Returns
 Use previous pagenext page to find additional occurrences of topic items.Index for this Publication
taxmap/pubs/p80-008.htm#en_us_publink1000105012

8. Depositing Taxes(p8)


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You must deposit social security and Medicare taxes if your tax liability (line 8 of Form 941-SS, line 7 of Form 944-SS, or line 11 of Form 943) is $2,500 or more for the tax return period. You make the deposits either electronically or with paper coupons. These methods are discussed later.
taxmap/pubs/p80-008.htm#en_us_publink1000105013

Payment with Return(p8)


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Payment with Return

You may make a payment with Form 941-SS, 944-SS, or Form 943 instead of depositing without incurring a penalty if one of the following applies.
Employers who have been instructed to file Form 944-SS can pay their tax liability due for the fourth quarter with Form 944-SS, if their fourth quarter tax liability is less than $2,500. Employers must have deposited any tax liability due for the first, second, and third quarters, according to the deposit rules, in order to avoid failure-to-deposit penalties for deposits due during those quarters.
EIC
Only monthly schedule depositors are allowed to make an Accuracy of Deposits Rule payment with the return. Semiweekly schedule depositors must timely deposit the amount. See Accuracy of Deposits Rule and How To Deposit later in this section.
taxmap/pubs/p80-008.htm#en_us_publink1000105015

When To Deposit(p8)


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previous topic occurrence Deposit next topic occurrence

Under the rules discussed below, the only difference between farm and nonfarm workers' employment tax deposit rules is the lookback period. Therefore, farm and nonfarm workers are discussed together except where noted.
Depending on your total taxes reported during a lookback period (discussed below), you are either a monthly schedule depositor or a semiweekly schedule depositor.
The terms "monthly schedule depositor" and "semiweekly schedule depositor" do not refer to how often you pay your employees or how often you are required to make deposits. The terms identify which set of rules that you must follow when a tax liability arises (for example, when you have a payday).
You will need to determine your deposit schedule for a calendar year based on the total employment taxes reported on line 8 of Form 941-SS, line 8 of Form 941, or line 9 of Form 943 for your lookback period (defined below). If you filed both Forms 941-SS and 941 during the lookback period, combine the tax liabilities for these returns for purposes of determining your deposit schedule. Determine your deposit schedule for Form 943 separately from Forms 941-SS and 941.
taxmap/pubs/p80-008.htm#en_us_publink1000105016

Lookback period for employers of nonfarm workers.(p9)


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The lookback period for Form 941-SS (or Form 941) consists of four quarters beginning July 1 of the second preceding year and ending June 30 of the prior year. These four quarters are your lookback period even if you did not report any taxes for any of the quarters. For 2009, the lookback period is July 1, 2007, through June 30, 2008.  
 
taxmap/pubs/p80-008.htm#en_us_publink1000105017
taxmap/pubs/p80-008.htm#TXMP62621d3d
lookback Text Descriptionlookback  
The lookback period for Form 944-SS (or Form 944) is the second calendar year preceding the current calendar year. For example, the lookback period for calendar year 2009 is calendar year 2007. In addition, for employers who filed Form 944-SS (or Form 944) for 2007 or 2008 and will file Form 941-SS (or Form 941) for 2009, the lookback period for 2009 is the second calendar year preceding the current calendar year, that is, 2007.
taxmap/pubs/p80-008.htm#en_us_publink1000105018

Lookback period for employers of farmworkers.(p9)


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The lookback period for Form 943 is the second calendar year preceding the current calendar year. The lookback period for calendar year 2009 is calendar year 2007.
taxmap/pubs/p80-008.htm#en_us_publink1000105019

Adjustments to lookback period taxes.(p9)


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To determine your taxes for the lookback period, use only the tax that you reported on the original returns (Forms 941-SS, 944-SS, or Form 943). Do not include any adjustments shown on Form 941-X, Form 944-X, or Form 943-X.
taxmap/pubs/p80-008.htm#en_us_publink1000105020

Example.(p9)
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An employer originally reported total taxes of $45,000 for the lookback period. The employer discovered during January 2009 that the tax during the lookback period was understated by $10,000 and corrected this error by filing Form 941-X for the quarter in which the error was discovered. The employer is a monthly schedule depositor for 2009 because the lookback period tax liabilities are based on the amounts originally reported, and they were $50,000 or less.
taxmap/pubs/p80-008.htm#en_us_publink1000105021

Deposit Period(p9)


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Deposit Period

The term "deposit period" refers to the period during which tax liabilities are accumulated for each required deposit due date. For monthly schedule depositors, the deposit period is a calendar month. The deposit periods for semiweekly schedule depositors are Wednesday through Friday and Saturday through Tuesday.
taxmap/pubs/p80-008.htm#en_us_publink1000105022

Monthly Deposit Schedule(p9)


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If your total tax reported for the lookback period is $50,000 or less, you are a monthly schedule depositor for the current year. You must deposit taxes on wage payments made during a calendar month by the 15th day of the following month.
taxmap/pubs/p80-008.htm#en_us_publink1000105023

New employers.(p9)


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Your tax liability for any quarter in the lookback period before the date you started or acquired your business is considered to be zero. Therefore, you are a monthly schedule depositor for the first calendar year of your business (but see the $100,000 Next-Day Deposit Rule on page 10).
taxmap/pubs/p80-008.htm#en_us_publink1000105024

Semiweekly Deposit Schedule(p9)


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previous topic occurrence Semiweekly Deposit Schedule next topic occurrence

If your total tax reported for the lookback period is more than $50,000, you are a semiweekly schedule depositor for the current year. If you are a semiweekly schedule depositor, you must deposit on Wednesday and/or Friday, depending on what day of the week that you make wage payments, as follows.
  • Deposit taxes on wage payments made on Wednesday, Thursday, and/or Friday by the following Wednesday.
  • Deposit taxes on wage payments made on Saturday, Sunday, Monday, and/or Tuesday by the following Friday.
Semiweekly depositors are generally not required to deposit twice a week if their payments were in the same semiweekly period unless the $100,000 Next Day Deposit Rule on page 10 applies. For example, if you made a payment on both Wednesday and Friday and incurred taxes of $10,000 for each pay date, deposit the $20,000 on the following Wednesday. If you made no additional payments on Saturday through Tuesday, no deposit is due on Friday.
taxmap/pubs/p80-008.htm#en_us_publink1000105025

Semiweekly deposit period spanning two quarters.(p9)


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If you have more than one pay date during a semiweekly period and the pay dates fall in different calendar quarters, you will need to make separate deposits for the separate liabilities.
taxmap/pubs/p80-008.htm#en_us_publink1000105026

Example.(p9)
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If you have a pay date on Wednesday, September 30, 2009 (third quarter), and another pay date on Friday, October 2, 2009 (fourth quarter), two separate deposits will be required even though the pay dates fall within the same semiweekly period. Both deposits will be due on Wednesday, October 7, 2009 (three banking days from the end of the semiweekly deposit period).
taxmap/pubs/p80-008.htm#en_us_publink1000105027

Examples of Monthly and Semiweekly Schedules(p9)


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taxmap/pubs/p80-008.htm#en_us_publink1000105028

Employers of nonfarm workers.(p9)


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Rose Co. reported Form 941-SS taxes as follows:
2008 Lookback Period
3rd Quarter 2006$12,000
4th Quarter 200612,000
1st Quarter 200712,000
2nd Quarter 200712,000
 $48,000
2009 Lookback Period
3rd Quarter 2007$12,000
4th Quarter 200712,000
1st Quarter 200812,000
2nd Quarter 200815,000
 $51,000
Rose Co. is a monthly schedule depositor for 2008 because its taxes for the four quarters in its lookback period ($48,000 for the 3rd quarter of 2006 through the 2nd quarter of 2007) were not more than $50,000. However, for 2009, Rose Co. is a semiweekly schedule depositor because the total taxes for the four quarters in its lookback period ($51,000 for the 3rd quarter of 2007 through the 2nd quarter of 2008) exceeded $50,000.
taxmap/pubs/p80-008.htm#en_us_publink1000105029

Employers of farmworkers.(p10)


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Red Co. reported taxes on its 2006 Form 943 (line 9) of $48,000. On its 2007 Form 943 (line 9), it reported taxes of $60,000.
Red Co. is a monthly schedule depositor for 2008 because its taxes for its lookback period ($48,000 for calendar year 2006) were not more than $50,000. However, for 2009, Red Co. is a semiweekly schedule depositor because the total taxes for its lookback period ($60,000 for calendar year 2007) exceeded $50,000.
taxmap/pubs/p80-008.htm#en_us_publink1000105030

New agricultural employers.(p10)


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New agricultural employers filing Form 943 are monthly schedule depositors for the first and second calendar years of their business because their taxes for the lookback period (2 years) are considered to be zero. However, see the $100,000 Next-Day Deposit Rule below.
taxmap/pubs/p80-008.htm#en_us_publink1000105031

Deposits on Banking Days Only(p10)


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previous topic occurrence Deposit on Banking Days Only next topic occurrence

If a deposit due date falls on a day that is not a banking day, the deposit is considered timely if it is made by the close of the next banking day. In addition to federal and state bank holidays, Saturdays and Sundays are treated as nonbanking days. For example, if a deposit is required to be made on Friday, but Friday is not a banking day, the deposit is considered timely if it is made by the following Monday (if Monday is a banking day).
Semiweekly schedule depositors will always have at least 3 banking days to make a deposit. That is, if any of the 3 weekdays after the end of a semiweekly period is a banking holiday, you will have 1 additional banking day to deposit. For example, if a semiweekly schedule depositor accumulated taxes for payments made on Friday and the following Monday is not a banking day, the deposit normally due on Wednesday may be made on Thursday (allowing 1 banking day to make the deposit).
taxmap/pubs/p80-008.htm#en_us_publink1000105032

Application of Monthly and Semiweekly Schedules(p10)


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previous topic occurrence Application of Monthly and Semiweekly Schedules next topic occurrence

The examples below illustrate the procedure for determining the deposit date under the two different deposit schedules.
taxmap/pubs/p80-008.htm#en_us_publink1000105033

Monthly schedule example.(p10)


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Green, Inc. is a seasonal employer and a monthly schedule depositor. It pays wages each Friday. During January 2009, it paid wages but did not pay any wages during February. Green, Inc. must deposit the combined tax liabilities for the January paydays by February 15. Green, Inc. does not have a deposit requirement for February (that is, due by March 15) because no wages were paid in February and, therefore, it did not have a tax liability for February.
taxmap/pubs/p80-008.htm#en_us_publink1000105034

Semiweekly schedule example.(p10)


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Blue Co., a semiweekly schedule depositor, pays wages on the last day of the month. Blue Co. will deposit only once a month because it pays wages only once a month, but the deposit will be made under the semiweekly deposit schedule as follows. Blue Co.'s tax liability for the February 27, 2009, (Friday) payday must be deposited by March 4, 2009 (Wednesday).
taxmap/pubs/p80-008.htm#en_us_publink1000105035

$100,000 Next-Day Deposit Rule(p10)


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previous topic occurrence $100,000 Next-Day Deposit Rule next topic occurrence

If you accumulate taxes of $100,000 or more on any day during a deposit period, you must deposit by the close of the next banking day, whether you are a monthly or a semiweekly schedule depositor.
For purposes of the $100,000 rule, do not continue accumulating taxes after the end of a deposit period. For example, if a semiweekly schedule depositor has accumulated taxes of $95,000 on Tuesday and $10,000 on Wednesday, the $100,000 next-day deposit rule does not apply because the $10,000 is accumulated in the next deposit period. Thus, $95,000 must be deposited by Friday and $10,000 must be deposited by the following 
Wednesday.
However, once you accumulate at least $100,000 in a deposit period, stop accumulating at the end of that day and begin to accumulate anew on the next day. For example, Fir Co. is a semiweekly schedule depositor. On Monday, Fir Co. accumulates taxes of $110,000 and must deposit on Tuesday, the next banking day. On Tuesday, Fir Co. accumulates additional taxes of $30,000. Because the $30,000 is not added to the previous $110,000 and is less than $100,000, Fir Co. does not have to deposit the $30,000 until Friday (following the normal semiweekly 
deposit schedule).
EIC
If you are a monthly schedule depositor and you accumulate a $100,000 tax liability on any day during a month, you become a semiweekly schedule depositor on the next day and remain so for the remainder of the calendar year and for the following calendar year.
taxmap/pubs/p80-008.htm#en_us_publink1000105037

Example.(p10)
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Elm, Inc. started business on May 1, 2009. Because Elm, Inc. is a new employer, the taxes for its lookback period are considered to be zero; therefore, Elm, Inc. is a monthly schedule depositor. On May 12, Elm, Inc. paid wages for the first time and accumulated taxes of $60,000. On May 15 (Friday), Elm, Inc. paid wages and accumulated taxes of $50,000, for a total of $110,000. Because Elm, Inc. accumulated $110,000 on May 15, it must deposit $110,000 by May 18 (Monday), the next banking day.
taxmap/pubs/p80-008.htm#en_us_publink1000105038

Accuracy of Deposits Rule(p10)


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previous topic occurrence Accuracy of Deposits Rule next topic occurrence

You are required to deposit 100% of your tax liability on or before the deposit due date. However, penalties will not be applied for depositing less than 100% if both of the following conditions are met.
  1. Any deposit shortfall does not exceed the greater of $100 or 2% of the amount of taxes otherwise required to be deposited, and
  2. The deposit shortfall is paid or deposited by the shortfall makeup date as described below.
Makeup date for deposit shortfall:
  1. Monthly schedule depositor. Deposit or pay the shortfall by the due date of the Form 941-SS, 944-SS, or Form 943 for the period in which the shortfall occurred. You may pay the shortfall with your return even if the amount is $2,500 or more.
  2. Semiweekly schedule depositor. Deposit by the earlier of:
    1. The first Wednesday or Friday (whichever comes first) that comes on or after the 15th of the month following the month in which the shortfall occurred, or
    2. The return due date for the period in which the shortfall occurred.
For example, if a semiweekly schedule depositor filing Form 941-SS has a deposit shortfall during June 2009, the shortfall makeup date is July 15, 2009 (Wednesday). However, if the shortfall occurred on the October 7 (Wednesday) deposit date for a September 30 pay date, the return due date for the September 30 pay date (November 2, 2009), would come before the November 18 (Wednesday) shortfall makeup date. In this case, the shortfall must be deposited by November 2.
taxmap/pubs/p80-008.htm#en_us_publink1000105039

Employers of Both Farm and Nonfarm Workers(p11)


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previous topic occurrence Employer of Both Farm and Nonfarm Workers next topic occurrence

If you employ both farm and nonfarm workers, you must treat employment taxes for the farmworkers (Form 943 taxes) separately from employment taxes for the nonfarm workers (Form 941-SS or Form 944-SS taxes). Form 943 taxes and Form 941-SS (or Form 944-SS) taxes are not combined for purposes of applying any of the deposit rules.
If a deposit is due, deposit the Form 941-SS (or Form 944-SS) taxes and Form 943 taxes separately, as discussed below.
taxmap/pubs/p80-008.htm#en_us_publink1000105040

How To Deposit(p11)


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The two methods of depositing employment taxes are discussed next. See Payment with Return on page 8 for exceptions explaining when taxes may be paid with the tax return instead of being deposited.
taxmap/pubs/p80-008.htm#en_us_publink1000105041

Electronic deposit requirement.(p11)


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You must make electronic deposits of all depository taxes (such as employment tax, excise tax, and corporate income tax) using the Electronic Federal Tax Payment System (EFTPS) in 2009 if:
  • Your total deposits of such taxes in 2007 were more than $200,000 or
  • You were required to use EFTPS in 2008.
If you are required to use EFTPS and fail to do so, you may be subject to a 10% failure-to-deposit penalty. EFTPS is a free service provided by the Department of the Treasury. If you are not required to use EFTPS, you may participate voluntarily. To get more information or to enroll in EFTPS, call 1-800-555-4477 toll free (U.S. Virgin Islands only) or 303-967-5916 (toll call). You can also visit the EFTPS website at www.eftps.gov.
taxmap/pubs/p80-008.htm#en_us_publink1000105042

When you receive your EIN.(p11)
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New employers that have a federal tax obligation will be pre-enrolled in EFTPS. Call the toll-free number located in your Employer Identification Number (EIN) Package to activate your enrollment and begin making your tax deposit payments. Be sure to tell your payroll provider about your EFTPS enrollment. Consider using EFTPS to make your other federal tax payments electronically.
taxmap/pubs/p80-008.htm#en_us_publink1000105043

Depositing on time.(p11)
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For deposits made by EFTPS to be on time, you must initiate the transaction at least 1 business day before the date that the deposit is due.
taxmap/pubs/p80-008.htm#en_us_publink1000105044

Deposit record.(p11)
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For your records, an Electronic Funds Transfer (EFT) Trace Number will be provided with each successful payment. The number can be used as a receipt or to trace the payment.
taxmap/pubs/p80-008.htm#en_us_publink1000105045

Making deposits with FTD coupons.(p11)


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If you are not making deposits by EFTPS, use Form 8109, Federal Tax Deposit Coupon, to make the deposits at an authorized financial institution.
For new employers, if you would like to receive a Federal Tax Deposit (FTD) coupon booklet, call 1-800-829-4933 toll free (U.S. Virgin Islands only), or 215-516-2000 (toll call). Allow 5 to 6 weeks for delivery. You should consider enrolling in EFTPS (see When you receive your EIN earlier) now because you may be required to make deposits before your FTD coupons arrive. The IRS will keep track of the number of FTD coupons that you use and automatically will send you additional coupons when you need them. If you do not receive your resupply of FTD coupons, call 1-800-829-4933 (U.S. Virgin Islands only), or 215-516-2000 (toll call). You can have the FTD coupon books sent to a branch office, tax preparer, or service bureau that is making your deposits by showing that address on Form 8109-C, FTD Address Change, which is in the FTD coupon book. (Filing Form 8109-C will not change your address of record; it will change only the address where the FTD coupons are mailed.) The FTD coupons will be preprinted with your name, address, and EIN. They have spaces for indicating the type of tax and the tax period for which the deposit is made.
It is very important to clearly mark the correct type of tax and tax period on each FTD coupon. This information is used by the IRS to credit your account.
If you have branch offices depositing taxes, give them FTD coupons and complete instructions so that they can deposit the taxes when due.
Please use only your FTD coupons. If you use anyone else's FTD coupon, you may be subject to a failure-to-deposit penalty. This is because your account will be underpaid by the amount of the deposit credited to the other person's account. See Deposit Penalties on page 12 for amounts.
taxmap/pubs/p80-008.htm#en_us_publink1000105046

How to deposit with an FTD coupon.(p11)
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Mail or deliver each FTD coupon and a single payment covering the taxes to be deposited to an authorized depositary. An authorized depositary is a financial institution (for example, a commercial bank) that is authorized to accept federal tax deposits. Follow the instructions in the FTD coupon book. Make your check or money order payable to the depositary. To help ensure proper crediting of your account, include your EIN, the type of tax (for example, Form 941-SS), and the tax period to which the payment applies on your check or money order.
Authorized depositaries must accept cash, a postal money order drawn to the order of the depositary, or a check or draft drawn on and to the order of the depositary. You may deposit taxes with a check drawn on another financial institution only if the depositary is willing to accept that form of payment. Be sure that the financial institution where you make deposits is an authorized depositary. Deposits made at an unauthorized institution may be subject to the failure-to-deposit penalty.
If you prefer, you may mail your coupon and payment to: Financial Agent, Federal Tax Deposit Processing, P.O. Box 970030, St. Louis, MO 63197. Make your check or money order payable to "Financial Agent."
taxmap/pubs/p80-008.htm#en_us_publink1000105047

Depositing on time.(p12)
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The IRS determines whether deposits are on time by the date that they are received by an authorized depositary. To be considered timely, the funds must be available to the depositary on the deposit due date before the institution's daily cutoff deadline. However, a deposit received by the authorized depositary after the due date will be considered timely if the taxpayer establishes that it was mailed in the United States (including U.S. Territories) in a properly addressed, postage prepaid envelope at least 2 days before the due date.
If you hand deliver your deposit to the depositary on the due date, be sure to deliver it before the depositary's daily cutoff deadline.
EIC
If you are required to deposit any taxes more than once a month, any deposit of $20,000 or more must be received by the authorized depositary by its due date to be timely. See section 7502(e)(3) for more information.
taxmap/pubs/p80-008.htm#en_us_publink1000105049

Depositing without an EIN.(p12)
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If you have applied for an EIN but have not received it and you must make a deposit, make the deposit with the IRS. Do not make the deposit at an authorized depositary. Make it payable to the "United States Treasury" and show on it your name (as shown on Form SS-4), address, kind of tax, period covered, and the date that you applied for an EIN. Send your deposit with an explanation to your local IRS office or the IRS service center where you will file Form 941-SS, Form 944-SS, Form 943, or Form 940. The service center addresses are provided in the separate instructions for Forms 941-SS, Form 944-SS, 943, and 940 and are also available on the IRS website at www.irs.gov. Do not use Form 8109-B, Federal Tax Deposit Coupon, in this situation.
taxmap/pubs/p80-008.htm#en_us_publink1000105050

Depositing without Form 8109.(p12)
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If you do not have a preprinted Form 8109, you may use Form 8109-B to make deposits. Form 8109-B is an over-the-counter FTD coupon that is not preprinted with your identifying information. You may get this form by calling 1-800-829-4933 (U.S. Virgin Islands only), or 215-516-2000 (toll call). Be sure to have your EIN ready when you call. You will not be able to obtain Form 8109-B by calling 1-800-TAX-FORM.
Use Form 8109-B to make deposits only if:
  • You are a new employer and you have been assigned an EIN, but you have not received your initial supply of preprinted Forms 8109, or
  • You have not received your resupply of preprinted Forms 8109.
taxmap/pubs/p80-008.htm#en_us_publink1000105051

Deposit record.(p12)
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For your records, a stub is provided with each FTD coupon in the coupon book. The FTD coupon itself will not be returned. It is used to credit your account. Your check, bank receipt, or money order is your receipt.
taxmap/pubs/p80-008.htm#en_us_publink1000105052

How to claim credit for overpayments.(p12)


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If you deposited more than the right amount of taxes for a tax period, you can choose on Form 941-SS, Form 941, Form 944-SS, Form 944, or Form 943 for that tax period to have the overpayment refunded or applied as a credit to your next return. Do not ask the depositary or EFTPS to request a refund from the IRS for you.
taxmap/pubs/p80-008.htm#en_us_publink1000105053

Deposit Penalties(p12)


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Penalties may apply if you do not make required deposits on time, if you make deposits of less than the required amount, or if you do not use EFTPS when required. The penalties do not apply if any failure to make a proper and timely deposit was due to reasonable cause and not to willful neglect. IRS may also waive penalties if you inadvertently fail to deposit in the first quarter that a deposit is due, or the first quarter during which your frequency of deposits changed, if you timely filed your employment tax return.
For amounts not properly or timely deposited, the penalty rates are as follows.
2% -Deposits made 1 to 5 days late.
5% -Deposits made 6 to 15 days late.
10% -Deposits made 16 or more days late. Also applies to amounts paid within 10 days of the date of the first notice that the IRS sent asking for the tax due.
10% -Deposits made at an unauthorized financial institution, paid directly to the IRS, or paid with your tax return (but see Depositing without an EIN earlier and Payment with Return on page 8 for exceptions).
10% -Amounts subject to electronic deposit requirements but not deposited using EFTPS.
15% -Amounts still unpaid more than 10 days after the date of the first notice that the IRS sent asking for the tax due or the day on which you received notice and demand for immediate payment, whichever is earlier.
Late deposit penalty amounts are determined using calendar days, starting from the due date of the liability.
taxmap/pubs/p80-008.htm#en_us_publink1000105054

Special rule for former Form 944-SS filers.(p12)


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If you filed Form 944-SS for the prior year and must file Forms 941-SS for the current year because your employment tax liability for the prior year exceeded the Form 944-SS eligibility requirement ($1,000 or less), the failure-to-deposit penalty will not apply to a late deposit of employment taxes for the first month of the current year if the taxes are deposited in full by March 15 of the current year.
taxmap/pubs/p80-008.htm#en_us_publink1000105055

Order in which deposits are applied.(p12)


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Deposits generally are applied to the most recent tax liability within the return period (quarter or year). However, if you receive a failure-to-deposit penalty notice, you may designate how your payment is to be applied in order to minimize the amount of the penalty, if you do so within 90 days of the date of the notice. Follow the instructions on the penalty notice that you received. For more information on designating deposits, see Rev. Proc. 2001-58. You can find Rev. Proc. 2001-58 on page 579 of Internal Revenue Bulletin 2001-50 at www.irs.gov/pub/irs-irbs/irb01-50.pdf.
taxmap/pubs/p80-008.htm#en_us_publink1000105056

Example.(p13)

Cedar, Inc. is required to make a deposit of $1,000 on April 15 and $1,500 on May 15. It does not make the deposit on April 15. On May 15, Cedar, Inc. deposits $2,000. Under the deposits rule, which applies deposits to the most recent tax liability, $1,500 of the deposit is applied to the May 15 deposit and the remaining $500 is applied to the April deposit. Accordingly, $500 of the April 15 liability remains undeposited. The penalty on this underdeposit will apply as explained above.
taxmap/pubs/p80-008.htm#en_us_publink1000105057

Trust fund recovery penalty.(p13)


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If federal income, social security, and Medicare taxes that must be withheld are not withheld or are not deposited or paid to the United States Treasury, the trust fund recovery penalty may apply. The penalty is the full amount of the unpaid trust fund tax. This penalty may apply to you if these unpaid taxes cannot be immediately collected from the employer or business.
The trust fund recovery penalty may be imposed on all persons who are determined by the IRS to be responsible for collecting, accounting for, and paying over these taxes, and who acted willfully in not doing so.
A responsible person can be an officer or employee of a corporation, a partner or employee of a partnership, an accountant, a volunteer director/trustee, or an employee of a sole proprietorship, or any other person or entity that is responsible for collecting, accounting for, and paying over trust fund taxes. A responsible person also may include one who signs checks for the business or otherwise has authority to cause the spending of business funds.
Willfully means voluntarily, consciously, and intentionally. A responsible person acts willfully if the person knows the required actions are not taking place.
taxmap/pubs/p80-008.htm#en_us_publink1000105058

"Averaged" failure-to-deposit penalty.(p13)


rule
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IRS may assess an "averaged" failure-to-deposit (FTD) penalty of 2% to 10% if you are a monthly schedule depositor and did not properly complete line 15 (line 17 for 2009) of Form 941-SS when your tax liability (line 8) shown on Form 941-SS was $2,500 or more. IRS may also assess this penalty of 2% to 10% if you are a semiweekly schedule depositor and your tax liability (line 8) shown on Form 941-SS was $2,500 or more and you did any of the following.
  • Completed line 15 (line 17 for 2009) of Form 941-SS instead of Schedule B (Form 941).
  • Failed to attach a properly completed Schedule B (Form 941).
  • Completed Schedule B (Form 941) incorrectly, for example, by entering tax deposits instead of tax liabilities in the numbered spaces.
IRS figures the penalty by allocating your total tax liability on line 8 of Form 941-SS, equally throughout the tax period. Your deposits and payments may not be counted as timely because IRS does not know the actual dates of your tax liabilities.
You can avoid the penalty by reviewing your return before filing it. Follow these steps before filing your Form 941-SS.
  • If you are a monthly schedule depositor, report your tax liabilities (not your deposits) in the monthly entry spaces on line 15 (line 17 for 2009).
  • If you are a semiweekly schedule depositor, report your tax liabilities (not your deposits) on Schedule B (Form 941) in the lines that represent the dates you paid your employees.
  • Verify that your total liability shown on line 15 (line 17 for 2009) of Form 941-SS or the bottom of Schedule B (Form 941) equals your tax liability shown on line 8 of Form 941-SS.
  • Do not show negative amounts on line 15 (line 17 for 2009) or Schedule B (Form 941). If a prior period adjustment results in a decrease in your tax liability, reduce your liability for the day you discovered the error by the tax decrease resulting from the error, but not below zero. Apply any remaining decrease to subsequent liabilities.
  • For prior period errors discovered after December 31, 2008, do not adjust your tax liabilities reported on line 15 ( line 17 for 2009) or on Schedule B (Form 941).
EIC
If you filed Form 944-SS for 2008 and line 7 was $2,500 or more, you were required to complete lines 13a through 13m on Form 944-SS or attach Form 945-A, Annual Record of Federal Tax Liability. If you failed to complete lines 13a through 13m or failed to attach Form 945-A, whichever was required, IRS may assess an "averaged" failure-to-deposit (FTD) penalty.
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