The end of January is the due date for several payroll-related tax forms and tax payments. Before reviewing them, here's some good news. Whenever a federal tax deadline falls on a Saturday, Sunday or legal holiday, the due date is automatically moved to the next business day.
Since January 31, 2009 is a Saturday, the due date has been extended to Monday, February 2, 2009. (Perhaps those two extra days will come in handy!) Also keep in mind that to comply with any federal tax deadline, your mailing must be postmarked on or before the due date.
Here are the key federal payroll forms and tax payments due on February 2, 2009:
1. Form 941, Employer's Quarterly Federal Tax Return. This is the form used to report all employee compensation (wages, salaries, commissions, bonuses, etc) during the fourth quarter, as well as federal income tax withholdings, social security taxes and medicare taxes (both the employee's withholding amount and the employer's match).
If the quarter's total tax (as shown on Line 10) is more than $2,500, then you should have been making payroll tax payments during the quarter according to the IRS payroll tax payment requirements. (See IRS Publication 15 for details on that.)
But if the quarter's total tax is less than $2,500, you can pay your entire quarterly payroll tax liability with Form 941. Just be sure to include voucher Form 941-V with the return and make your check payable to the U.S. Treasury.
2. Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return. This is the form used to report federal unemployment tax, which employers' must pay (i.e. out of your own pocket) on behalf of each employee. The tax is typically 0.8% of the first $7,000 in wages paid to each employee each year. So the most you pay for any one employee is $56, assuming the employee had at least $7,000 in wages.
The Form 940 is only filed annually. But the 940 tax must be paid at the end of any quarter in which the unemployment tax liability reaches $500. So you should be calculating the tax every quarter to see what your liability is. If it reaches $500, make a payment by the end of the month following the end of the quarter. If it's less than $500, you carry over the liability to the next quarter.
Most small businesses that have fewer than 10 employees usually don't have to make a federal unemployment tax payment for quarters 1, 2 or 3. But when the 4th quarter rolls around you will have to pay the entire annual tax liability. If your total annual tax is $500 or less, you can pay it with the Form 940 (be sure to include voucher Form 940-V). If the tax is more than $500, you must pay the tax at your local bank or via the IRS electronic payment system (EFTPS).
3. Form W-2, Wage and Tax Statement. You must give or mail W-2's to all your employees no later than February 2, 2009. Employers must include Copy B, Copy C and Copy 2 along with the Instructions for Employee. In addition, you must send a copy of all W-2's to the Social Security Administration by March 2, 2009, along with Form W-3, Transmittal of Wage and Tax Statements.
4. Form 1099-MISC, Miscellaneous Income. The most common use of this form is to report total annual payments to independent contractors (sole proprietors who provided services to your business) of $600 or more. You must send Copy B of the 1099-MISC to the recipient by February 2, 2009. And you must also send Copy A to the IRS by March 2, 2009, along with Form 1096.
Important: Your state probably has payroll tax forms and payments due on January 31 or February 2, so be sure to check with your state's tax department for details.
Small Business Corporation Tax
And so maybe you've been wondering,
"When is the best time to incorporate?"
From a legal standpoint, any time is the best time.
The sooner you incorporate, the sooner you make the move
from the world of unlimited liability to the world of
limited liability.
From a tax savings standpoint, any time is the best time.
The sooner you incorporate, the sooner you will start
putting more money in your own pocket and less in
Uncle Sam's.
(For more about the potential tax savings of a
corporation, see the second article in this series --
"Tax Trap #2: Double Taxation -- Isn't Once Enough?"
http://www.YouSaveOnTaxes.com/tax-trap-2.html)
But from a **tax reporting** standpoint, there is one time
of year that stands out as best: January 1st.
Why is that?
Assuming you have a sole proprietorship (or other entity,
such as a partnership) that is up and running as of
January 1, and assuming you then incorporate that
existing entity on any date other than January 1,
you face the possibility of filing not one but
two business income tax returns for that year.
Here's an example to clarify this important point . . .
Let's say you've been operating your sole proprietorship
for a few years, and in early 2006 you decide to
incorporate. In January you get around to starting
the paperwork, but life gets in the way and
you finally get it done in late February. By the time
your state processes the Articles of Incorporation,
the start date of your new corporation is March 1.
For 2006, you must file a Schedule C for the period
of January 1 through February 28, when your business
was still a Sole Proprietorship. And you must also
file a corporate income tax return for March 1 through
December 31.
Maybe that's no big deal. Maybe you enjoy filing
one business income tax return so much, filing
a second one doesn't bother you. And it may be
that the inconvenience of filing two tax returns
in 2006 is far outweighed by the legal and tax
advantages of incorporating.
Keep in mind, too, that 2006 will be the only year
you have to do this "double duty". In 2007 you
will only have to file the corporate income tax return.
But if you are thinking about incorporating, the
best time to do it, from a tax paperwork standpoint,
is as of January 1. Only then do you have a "clean break"
from the old sole proprietorship to the new
corporation.
This timing issue can also be relevant if you
decide to make the switch late in the year. If
the effective date of the incorporation is November 15,
you will have to file a Schedule C for January 1
through November 14, and a corporate return for
November 15 through December 31. In that scenario,
you should ask yourself, "Do the benefits of
incorporating outweigh the convenience of waiting
until January 1?"
So before you decide when to incorporate, take a moment
to reflect on the tax reporting consequences of
incorporating on January 1 vs. any other date.
Sometimes it may make sense to wait a few weeks
(as in the second example), and sometimes it makes sense
to "do it now", especially when January 1 is nearby.
NOTE: This is the first in a series of 5 articles:
Both Wayne M Davies & Wayne Davies are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Wayne M Davies has sinced written about articles on various topics from . Looking for more small business tax tips? For a free copy of the 25-page Special Report "How To Instantly Double Your Deductions", visit
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