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previous page Previous Page: Publication 225 - Farmer's Tax Guide - Reporting Self-Employment Tax
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Chapter 13
Employment Taxes(p77)


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What's New for 2009(p77)



Wage limit for social security tax.(p77)

The limit on wages subject to the social security tax for 2009 is $106,800. There is no limit on wages subject to the Medicare tax.

New employment tax adjustment process in 2009.(p77)

If you discover an error on a previously filed Form 943 after December 31, 2008, make the correction using Form 943-X, Adjusted Employer's Annual Federal Tax Return for Agricultural Employees. Currently, taxpayers make corrections to Form 943 using Form 941c that is filed once a year with Form 943. Form 943-X is a stand-alone form, meaning taxpayers can file Form 943-X when an error is discovered, rather than waiting until the end of the year to file Form 941c with Form 943. Current year adjustments will continue to be made on line 8 of Form 943. For more information, visit the IRS website at




Electronic deposits of taxes.(p77)

You must use the Electronic Federal Tax Payment System (EFTPS) to make electronic deposits of all depository tax liabilities you incur in 2009 and thereafter if you deposited more than $200,000 in federal depository taxes in 2007 or you had to use EFTPS in 2008 or a prior year. See Electronic Federal Tax Payment System (EFTPS) under Reporting and Paying Social Security, Medicare, and Withheld Federal Income Taxes.

Important Dates(p77)


You should take the action indicated by the dates listed. See By February 15 and On February 16 for Form W-4 information. Due dates for deposits of withheld federal income taxes, social security taxes, and Medicare taxes are not listed here. For these dates, see Publication 509, Tax Calendars for 2009.


If any date shown below for filing a return, furnishing a form, or depositing taxes, falls on a Saturday, Sunday, or legal holiday, the due date is the next business day. A statewide legal holiday delays a filing due date only if the IRS office where you are required to file is located in that state. For any due date, you will meet the "file" or "furnish" date requirement if the envelope containing the tax return or form is properly addressed, contains sufficient postage, and is postmarked by the U.S. Postal Service by the due date, or sent by an IRS-designated delivery service by the due date. See Private delivery services in Publication 51 (Circular A).

Fiscal year taxpayers.(p77)

Generally, the due dates listed apply whether you use a calendar or a fiscal year. However, if you have a fiscal year, refer to Publication 509 for certain exceptions that may apply to you.

By January 31(p77)


By February 15(p77)

Ask for a new Form W-4 or Formulario W-4(SP) from each employee who claimed exemption from federal income tax withholding last year.

On February 16(p77)

Begin withholding federal income tax for any employee who previously claimed exemption from federal income tax withholding but has not given you a new Form W-4 for the current year. If the employee does not give you a new Form W-4, withhold as if he or she is single, with zero withholding allowances. The Form W-4 previously given to you claiming exemption is now expired.

By February 28(p77)

File Forms 1099 and 1096. File Copy A of all Forms 1099 with Form 1096, Annual Summary and Transmittal of U.S. Information Returns, with the IRS. For electronically filed returns, see By March 31 below.
File Forms W-2 and W-3. File Copy A of all Forms W-2 with Form W-3, Transmittal of Wage and Tax Statements with the Social Security Administration (SSA). For electronically filed returns, see By March 31 below.

By March 31(p78)

File electronic Forms W-2 and 1099. File electronic Forms W-2 with the SSA and Forms 1099 with the IRS. See Social Security's Employer W-2 Filing Instructions and Information webpage at for more information about filing Forms W-2 and W-2c electronically.

By April 30, July 31, October 31, and 
January 31(p78)

Deposit FUTA taxes. Deposit FUTA tax due if it is more than $500.

Before December 1(p78)

Remind employees to submit a new Form W-4 if their withholding allowances have changed or will change for the next year.

On December 31(p78)

Form W-5, Earned Income Credit Advance Payment Certificate, expires. Employees who want to receive advance payments of the earned income credit for the next year must give you a new Form W-5.


You are generally required to withhold federal income tax from the wages of your employees. You may also be subject to social security and Medicare taxes under the Federal Insurance Contributions Act (FICA) and federal unemployment tax under the Federal Unemployment Tax Act (FUTA). This chapter includes information about these taxes.
You must also pay self-employment tax on your net earnings from farming. See chapter 12 for information on self-employment tax.


Useful items

You may want to see:

 15 (Circular E), Employer's Tax Guide
 15-A Employer's Supplemental Tax Guide
 15-B Employer's Tax Guide to Fringe Benefits
 51 (Circular A), Agricultural Employer's Tax Guide
 926 Household Employer's Tax Guide
Form (and Instructions)
 W-2: Wage and Tax Statement
 W-4: Employee's Withholding Allowance Certificate
 W-5: Earned Income Credit Advance Payment Certificate
 W-9: Request for Taxpayer Identification Number and Certification
 940: Employer's Annual Federal Unemployment (FUTA) Tax Return
 943: Employer's Annual Federal Tax Return for Agricultural Employees
 8109: Federal Tax Deposit Coupon
See chapter 16 for information about getting publications and forms.

Farm Employment(p78)


Agricultural Employment

In general, you are an employer of farmworkers if your employees do any of the following types of work. For more information, see Publication 51 (Circular A).
Workers are generally your employees if they perform services subject to your control. You do not have to withhold or pay employment taxes for independent contractors who are not your employees. For more information, see Publication 15-A.
If you employ a family of workers, each worker subject to your control (not just the head of the family) is an employee.
Special rules apply to crew leaders. See Crew Leaders, later.

Employer identification number (EIN).(p78)


If you have employees, you must have an EIN. If you do not have an EIN, you may apply for one online. Go to the IRS website at and click on the Employer ID Numbers link. You may also apply for an EIN by calling 1-800-829-4933 (hours of operation are Monday - Friday, 7:00 a.m. to 10:00 p.m. local time), or you can fax or mail Form SS-4 to the IRS.

Employee's social security number (SSN).(p78)


An employee who does not have an SSN should submit Form SS-5, Application for a Social Security Card, to the Social Security Administration (SSA). Form SS-5 is available from any SSA office or by calling 1-800-772-1213. It is also available from the SSA's website at
The employee must furnish evidence of age, identity, and U.S. citizenship or lawful immigration status permitting employment with the Form SS-5. An employee who is age 18 or older must appear in person with this evidence at an SSA office.

Form I-9.(p78)


You must verify that each new employee is legally eligible to work in the United States. This includes completing the Form I-9, Employment Eligibility Verification. Form I-9 is available from the U.S. Citizenship and Immigration Services (USCIS) offices or by calling the Bureau of Citizenship and Immigration Services Forms Request Line at 1-800-870-3676.  
Form I-9 is also available from the USCIS website at You can also contact the USCIS at 1-800-375-5283 for more information.

New hire reporting.(p78)


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 Federal Office of Child Support Enforcement at 202-401-9267 or visit their Employer Services webpage at for more information.
previous pagePrevious Page: Publication 225 - Farmer's Tax Guide - Reporting Self-Employment Tax
next pageNext Page: Publication 225 - Farmer's Tax Guide - Family Employees
 Use previous pagenext page to find additional occurrences of topic items.Index for this Publication