Employer's Monthly Federal Tax Return

Forms and Documents

Document Name	Status
Form 941-M Employer's Monthly Federal Tax Return Form	Modified
941-M Summary of Changes.pdf Justification for No Material/Nonsubstantive Change	2010-05-20

IC Document Collections

IC ID	Document Title	Status
17331	Employer's Monthly Federal Tax Return Form	Modified

ICR Details

OMB Control No: 1545-0718	ICR Reference No: 201005-1545-072
Status: Historical Active	Previous ICR Reference No: 200812-1545-010
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Employer's Monthly Federal Tax Return
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/18/2010
	Date Received in OIRA: 05/25/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2012	01/31/2012	01/31/2012
Responses	12,000	0	12,000
Time Burden (Hours)	191,520	0	166,320
Cost Burden (Dollars)	0	0	0

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Abstract: Form 941-M is used by certain employers to report payroll taxes on a monthly, rather than quarterly basis. Employers who have failed to file Form 941 or who have failed to deposit taxes as required are notified by the District Director that they must file Form 941-M monthly.

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Authorizing Statute(s): US Code: 26 USC 3102 Name of Law: Deducation of tax from wages.
   US Code: 26 USC 3101 Name of Law: Rate of tax.
   US Code: 26 USC 3111 Name of Law: Rate of tax.
   US Code: 26 USC 3402 Name of Law: Income tax collected at source.
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 147 101 Name of Law: The Hiring Incentives to Restore Employment Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 55208	09/24/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 76449	12/16/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Employer's Monthly Federal Tax Return	941-M	Employer's Monthly Federal Tax Return

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	12,000	12,000	0	0	0	0
Annual Time Burden (Hours)	191,520	166,320	25,200	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Form 941-M is used by employers to report monthly on income tax withheld (from wages and other compensation) and social security and Medicare taxes. The changes to the 2nd Quarter 2010 Form 941-M were necessary to allow employers to claim the social security tax credit and tax exemption, as provided in P.L. 111-147 (The Hiring Incentives to Restore Employment Act), section 101 (new IRC section 3111(d)). Qualified employer’s social security tax credit Qualified employers are allowed a credit in the second quarter of 2010 for their share (6.2%) of social security tax on wages/tips paid to qualified employees after March 18, 2010, and before April 1, 2010. Lines 12c-12e on Form 941-M were added to allow the employer a credit for payment of their share of social security taxes paid on qualified wages paid to qualified employees from March 19, 2010 through March 31, 2010. Qualified employer’s social security tax exemption Qualified employers are allowed an exemption for their share (6.2%) of social security taxes on wages/tips paid to qualified employees after March 31, 2010, and before January 1, 2011. Lines 6a thru 6d, of Form 941-M, were added to report the number of these employees, the wages they were paid, and the amount of the exemption. The result of these changes is a total burden increase of 25,200 hours.

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Annual Cost to Federal Government: $423

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/25/2010

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