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The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
small business filed its income tax return. The election
and determination of the credit amount that will be used
against the employer’s payroll taxes are made on Form
6765, Credit for Increasing Research Activities. The
amount from Form 6765, line 44, must then be reported
on Form 8974, Qualified Small Business Payroll Tax Credit
for Increasing Research Activities.
Starting in the first quarter of 2023, the payroll tax credit
is first used to reduce the employer share of social
security tax up to $250,000 per quarter and any remaining
credit reduces the employer share of Medicare tax for the
quarter. Any remaining credit, after reducing the employer
share of social security tax and the employer share of
Medicare tax, is then carried forward to the next quarter.
Form 8974 is used to determine the amount of the credit
that can be used in the current quarter. The amount from
Form 8974, line 12 or, if applicable, line 17, is reported on
line 11. For more information about the payroll tax credit,
see
IRS.gov/ResearchPayrollTC. Also see Adjusting tax
liability for the qualified small business payroll tax credit for
increasing research activities (line 11), later.
Forms 941-SS and 941-PR discontinued after 2023.
Form 941-SS, Employer’s QUARTERLY Federal Tax
Return—American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, and the U.S. Virgin Islands;
and Form 941-PR, Planilla para la Declaración Federal
TRIMESTRAL del Patrono, were discontinued after the
fourth quarter of 2023. Instead, employers in the U.S.
territories file Form 941 or, if you prefer your form and
instructions in Spanish, you can file new Form 941 (sp).
Pubs. 51, 80, and 179 discontinued after 2023. Pub.
51, Agricultural Employer’s Tax Guide; Pub. 80, Federal
Tax Guide for Employers in the U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern
Mariana Islands; and Pub. 179, Guía Contributiva Federal
para Patronos Puertorriqueños, were discontinued for tax
years beginning after December 31, 2023. Instead,
information specific to agricultural employers and
employers in the U.S. territories will be included in Pub.
15, Employer's Tax Guide. For tax year 2024, there is a
new Pub. 15 (sp) that is a Spanish-language version of
Pub. 15.
Forms in Spanish. Many forms and instructions
discussed in these instructions have Spanish-language
versions available for employers and employees. Some
examples include Form 941 (sp), Form 944 (sp), Form
SS-4 (sp), Form W-4 (sp), and Form W-9 (sp). Although
these instructions don't reference Spanish-language
forms and instructions in each instance that one is
available, you can see Pub. 15 (sp) and go to IRS.gov to
determine if a Spanish-language version is available.
Payroll tax credit for certain tax-exempt organiza-
tions affected by qualified disasters. Section 303(d) of
the Taxpayer Certainty and Disaster Tax Relief Act of 2020
allows for a payroll tax credit for certain tax-exempt
organizations affected by certain qualified disasters not
related to COVID-19. This credit is claimed on Form
5884-D (not on Form 941). Form 5884-D is filed after the
Form 941 for the quarter for which the credit is being
claimed has been filed. For more information about this
credit, go to
IRS.gov/Form5884D.
2024 withholding tables.
The federal income tax
withholding tables are included in Pub. 15-T, Federal
Income Tax Withholding Methods.
Certification program for professional employer or-
ganizations (PEOs). The Stephen Beck, Jr., ABLE Act
of 2014 required the IRS to establish a voluntary
certification program for PEOs. PEOs handle various
payroll administration and tax reporting responsibilities for
their business clients and are typically paid a fee based on
payroll costs. To become and remain certified under the
certification program, certified professional employer
organizations (CPEOs) must meet various requirements
described in sections 3511 and 7705 and related
published guidance. Certification as a CPEO may affect
the employment tax liabilities of both the CPEO and its
customers. A CPEO is generally treated for employment
tax purposes as the employer of any individual who
performs services for a customer of the CPEO and is
covered by a contract described in section 7705(e)(2)
between the CPEO and the customer (CPEO contract),
but only for wages and other compensation paid to the
individual by the CPEO. To become a CPEO, the
organization must apply through the IRS Online
Registration System. For more information or to apply to
become a CPEO, go to
IRS.gov/CPEO.
CPEOs must generally file Form 941 and Schedule R
(Form 941), Allocation Schedule for Aggregate Form 941
Filers, electronically. For more information about a CPEO’s
requirement to file electronically, see Rev. Proc. 2023-18,
2023-13 I.R.B. 605, available at
IRS.gov/irb/
2023-13_IRB#REV-PROC-2023-18.
Outsourcing payroll duties. Generally, as an employer,
you're responsible to ensure that tax returns are filed and
deposits and payments are made, even if you contract
with a third party to perform these acts. You remain
responsible if the third party fails to perform any required
action. Before you choose to outsource any of your payroll
and related tax duties (that is, withholding, reporting, and
paying over social security, Medicare, FUTA, and income
taxes) to a third-party payer, such as a payroll service
provider or reporting agent, go to
IRS.gov/
OutsourcingPayrollDuties for helpful information on this
topic. If a CPEO pays wages and other compensation to
an individual performing services for you, and the services
are covered by a CPEO contract, then the CPEO is
generally treated for employment tax purposes as the
employer, but only for wages and other compensation
paid to the individual by the CPEO. However, with respect
to certain employees covered by a CPEO contract, you
may also be treated as an employer of the employees
and, consequently, may also be liable for federal
employment taxes imposed on wages and other
compensation paid by the CPEO to such employees. For
more information on the different types of third-party payer
arrangements, see section 16 of Pub. 15.
Aggregate Form 941 filers. Approved section 3504
agents and CPEOs must complete and file Schedule R
(Form 941) when filing an aggregate Form 941. Aggregate
Forms 941 are filed by agents approved by the IRS under
section 3504. To request approval to act as an agent for
an employer, the agent files Form 2678 with the IRS
2
Instructions for Form 941 (Rev. 3-2024)