if you donot have employee, do you need file form 941?

4 Answers

  • 1 year ago

    Yes, if you have filed form 941 before. 

    The IRS will outline your requirements in Notice CP 575, sent when you first formed your business.Notice CP 575 is generated when your business applies for an EIN online or using Form SS-4. This notice identifies the forms and filing dates of your business.If Notice CP 575 shows a filing requirement to file Form 941, you will be required to file form 941 beginning on the dates shown on the Notice and will be required to file every quarter, despite not having any employees.If Notice CP 575 does not show a filing requirement for Form 941(e.g., you started your company with no employees--not even yourself), then you are not required to file such forms. However, as soon as your business decides to have employees, (even yourself) you are automatically required to begin filing for that specific quarter. At this point, you will be required to file these forms every quarter despite not having any employees (until proper notification is provided to the IRS). If you don't have a copy of Notice CP 575, many taxpayers file form 941 to be conservative and ensure compliance. There are penalties for not complying. For quarterly filers, you can notify the IRS that your business will not be required to file quarterly returns by marking the box on Part 3, Line 18 of Form 941 for "Seasonal employer". In this case, the IRS will not send you non-filing notifications.Other exemptions apply to Household Employees, Farm Employers or Small Taxpayers (who would file form 944 annually instead of form 941 quarterly. Form 944 is designed so the smallest employers (those whose annual liability for social security, Medicare, and withheld federal income taxes is $1,000 or less) will file and pay these taxes only once a year instead of every quarter. But be careful, before filing form 944, you must receive IRS authorization by written notice. You cannot file Form 944 without it (even if you don’t have taxes to report)). If any of these exceptions apply to you, I encourage you to read the instructions for form 941 in the IRS website for more information.If you need help filing, paymellc.com can help you e-file form 941 in minutes. [Note: if you have to file form 941 Quarterly, you also would need to file form Form 940: Employer's Annual Federal Unemployment (FUTA) Tax Return.]With our industry-first process, there is no software to download and no need to set up a username/password (or get an IRS-issued PIN). It's easier than completing by pen and paper as we calculate your tax and highlight many avoidable errors.   Since there is no username/password you could try one to see how you like the service (and hopefully you’ll find it easy and use us again). We provide instantaneous notification that the form has been filed with us, and the IRS confirmation typically follows within 1 hour (and within 24 hours guaranteed when the IRS systems are operational).Here’s a link:https://paymellc.com/form/941We designed the process specifically for people like you so that you can complete yourself without having to hire someone. Let me know if you have any questions, and hopefully you’ll give us a try!

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    Source(s): Damian Karjane, Owner, PayME, Payroll-Filing Made Easy
  • 1 year ago

    Go for the obvious answer on this one.

  • Anonymous
    1 year ago

    If there is no one paid W2 wages (including your own self), there is no need to file a 941.

    You didn't tell us what structure you've chosen for your business...sole proprietor, S-corp, LLC, etc.    Technically speaking you would have to file a 941 if, for example, you formed an S-corp and paid yourself regular W2 wages/salary even if you had no other employees.   The corporation is a separate legal entity and you are it's employee. 

    But as I said, if there are no W2 employees, then there is no need to file 940 (annual) or 941 (quarterly).  This would be the case if you are operating as a sole proprietor (with no employees) or an LLC electing to be taxed as a sole proprietor (with no employees).

    Clear as mud?  :-)

  • ?
    Lv 7
    1 year ago

    What sort of entity do you have?


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