Employer's Quarterly Federal Tax Return

ICR 202006-1545-004

OMB: 1545-0029

Federal Form Document

Forms and Documents
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Justification for No Material/Nonsubstantive Change
2020-06-18
Supporting Statement A
2020-06-18
IC Document Collections
IC ID
Document
Title
Status
39380 Modified
240815 Unchanged
227052 Unchanged
190971 Modified
187195 Unchanged
187193 Unchanged
187191 Unchanged
187190 Unchanged
187189 Unchanged
187188 Modified
187187 Modified
187186 Modified
187185 Unchanged
187184 Modified
187183 Unchanged
187174 Modified
ICR Details
1545-0029 202006-1545-004
Historical Active 202004-1545-007
TREAS/IRS Ready
Employer's Quarterly Federal Tax Return
No material or nonsubstantive change to a currently approved collection   No
Emergency 03/31/2020
Approved with change 06/18/2020
Retrieve Notice of Action (NOA) 06/18/2020
OMB is approving the revision to the existing collection as a non-sub change due to the recent emergency approval of the collection. OMB is approving the forms attached to this ICR change request on the basis that the only change made in the version released to the public for filing will be the removal of draft cover page language and watermarks. Treasury will submit a further ICR change to reflect the final version of the forms without that draft language concurrently with the forms' release to the public. Treasury will go through the usual PRA public comment process before seeking an extension of this OMB control number.
  Inventory as of this Action Requested Previously Approved
09/30/2020 09/30/2020 09/30/2020
40,361,546 0 40,361,546
578,219,960 0 415,521,474
0 0 0

Form 941 is used by employers to report payments made to employees subject to income and social security/Medicare taxes and the amounts of these taxes. Form 941-PR is used by employers in Puerto Rico to report social security and Medicare taxes only. Form 941-SS is used by employers in the U.S. possessions to report social security and Medicare taxes only. Schedule B is used by employers to record their employment tax liability. The Form 8974 was developed to determine the portion of the elected amount that can be claimed for the quarter on the Form 941. The new Form 7200, Advance Payment of Employer Credits Due to COVID-19, is used to request an advance payment of the tax credits for qualified sick and qualified family leave wages, and the employee retention credit.
Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, the Internal Revenue Service (IRS) requests that the following collection of information, Employer's Quarterly Federal Tax Return, be processed in accordance with section 1320.13 Emergency Processing. The IRS has determined that this information must be collected prior to the expiration of time periods established under Part 1320, and that this information is essential to the IRS’s ability to effectively implement Division G of P.L. 116–127, the Families First Coronavirus Response Act and Section 2301 of P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, addressing the economic disruption stemming from the Novel (new) Coronavirus (“2019-nCoV”) global pandemic. New Form 7200 was developed for an employer to receive an advance payment of the refundable portion of credit for qualified sick and family leave wages or compensation pursuant to Division G of the FFCRA, and to receive an advance payment of the refundable portion of the employee retention credit pursuant to Section 2301 of CARES, that will be claimed on Form 941, Form 943, Form 944, or Form CT-1. Because an employment tax return isn’t filed until some period of time (generally, a month after the end of the quarter for which wages are being reported) after wages are required to be paid, an employer may not be able to fund the sick leave or family leave required by the FFCRA, or fund the qualified wages under CARES Act. This may create financial hardship to businesses that are unable to request an advance payment, so the agency is requesting an emergency approval of Form 7200. Given the critical impact of the global pandemic of 2019-nCoV, and the damaging effects on the US economy, Treasury has directed an extremely expeditious implementation of the new legislation, to be able to inject the necessary funds to the impacted employers. As a result, Treasury is unable to consult with the public prior to issuing the forms, however the IRS has ample experience designing other similar forms in a way that is clear and minimizes burden. Also, due to the nature of this ICR, being voluntary and only one avenue to receive the benefit of the tax credit (the preferred and recommended avenue is for employers to reduce their FICA deposits, as noted in the Form 7200), the estimated number of respondents, and the associated burden is extremely preliminary and provided only to comply with the requirements of 5 CFR 1320.3. Updated burden estimates will be provided as part of the renewal of OMB #1545-0029, Employer's Quarterly Federal Tax Return. Treasury requests approval of the submission by March 31, 2020. Given the inability to seek public comment during such a short timeframe, Treasury requests a waiver from the requirement to publish notice in the Federal Register seeking public comment during the period of OMB review. Public comment will be solicited in conjunction with any future extension of the approval to collect this information.

US Code: 26 USC 3102 Name of Law: Deduction of tax from wages
   US Code: 26 USC 3405 Name of Law: Special rules for pensions, annuities, and certain other deferred income
   US Code: 26 USC 3504 Name of Law: Acts to be performed by agents
   US Code: 26 USC 3101 Name of Law: Rate of tax
   US Code: 26 USC 3511 Name of Law: Certified professional employer organizations
   US Code: 26 USC 3111(d) Name of Law: Rate of tax
   PL: Pub.L. 116 - 127 7001 ad 7003 Name of Law: Families First Coronavirus Response Act
   PL: Pub.L. 116 - 136 2301 Name of Law: Coronavirus Aid, Relief, and Economic Security (CARES) Act
   US Code: 26 USC 3501 Name of Law: Collection and payment of taxes
  
PL: Pub.L. 116 - 127 7001 and 7003 Name of Law: Families First Coronavirus Response Act
PL: Pub.L. 116 - 136 2301 Name of Law: Coronavirus Aid, Relief, and Economic Security (CARES) Act

Not associated with rulemaking

No

16
IC Title Form No. Form Name
Form 941-PR - Planilla para la Declaracion Federal TRIMESTRAL del Patrono 941 PR, 941 PRR (2019 draft) Planilla para la Declaracion Federal TRIMESTRAL del Patrono ,   Planilla para la Declaracion Federal TRIMESTRAL del Patrono
Schedule R (Form 941) - Allocation for Aggregate Form 941 Filers 941 (SCH R), 941 Sch R Allocation Schedule for Aggregate Form 941 Filers ,   Allocation Schedule for Aggregate Form 941 Filers
Schedule B (Form 941) - Report of Tax Liability for Semiweekly Schedule Depositors 941 sch b Report of Tax Liability for Semiweekly Schedule Depositors
Anexo B, (Forma 941-PR) - Registro de la Obligacion Contributiva para los Despositantes de Itinerario Bisemanual 941-PR SCH B Registro de la Obligación Contributiva para los Depositantes de Itinerario Bisemanal
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 941-SS (draft 04/2020), 941-SS Employer's Quarterly Federal Tax Return (American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands) ,   Employer's Quarterly Federal Tax Return (American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands)
Forms 941, Employer's Quarterly Federal Tax Return; American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands 941 (draft), 941 Employer's Quarterly Federal Tax Return ,   Employer's Quarterly Federal Tax Return
Form 941-V (PR) - Payment voucher (OTC) 941 PR V Comprobante de Pago
Form 8974 Qualified Small Business Payroll Tax Credit for Increasing Research Activities 8974 Qualified Small Business Payroll Tax Credit for Increasing Research Activities
Schedule D (Form 941) - Report for Discrepancies Caused by Acquisitions, Statutory Mergers, or Consolidations 941 Sch d Report of Discrepancies Caused by Acquisitions, Statutory Mergers, or
Form 941-V (PR) (Preprinted) - Payment Voucher 941 V PR PrePrinted Comprobante de Pago V PR
Form 941SS -V -(Preprinted) 941 SS / V Employer’s QUARTERLY Federal Tax Return SS
Form 941-X - Adjusted Employer's Quarterly Federal Tax Return or Claim for Refund 941-X Adjusted Employer's QUARTERLY Federal Tax Return or Claim for Refund
Form 941-X (PR) - Ajuste a la Declaracion Federal TRIMESTRAL del Patrono o Reclamo de Reembolso 941-X PR Ajuste a la Declaración Federal TRIMESTRAL del Patrono o Reclamación de Reembolso
Form 941SS -V - Payment Voucher (OTC) 941 SS Employer’s QUARTERLY Federal Tax Return SS
Form 941-V - Payment voucher 941 V Payment Voucher
Advance Payment of Employer Credits Due to COVID-19 7200 (SP), 7200 Advance Payment of Employer Credits Due to COVID-19 ,   Anticipo de Pago de Créditos del Empleador Debido al COVID-19

  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 40,361,546 40,361,546 0 0 0 0
Annual Time Burden (Hours) 578,219,960 415,521,474 162,698,486 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
Pursuant to the Office of Management and Budget (OMB) procedures established at 5 CFR 1320, the Internal Revenue Service (IRS) requests that the following collection of information, Employer's Quarterly Federal Tax Return, be processed in accordance with section 1320.13 Emergency Processing. The IRS has determined that this information must be collected prior to the expiration of time periods established under Part 1320, and that this information is essential to the IRS’s ability to effectively implement Division G of P.L. 116–127, the Families First Coronavirus Response Act and Section 2301 of P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, addressing the economic disruption stemming from the Novel (new) Coronavirus (“2019-nCoV”) global pandemic. The Form 7200 was released in March 2020 for an employer to receive an advance payment of the refundable portion of credit for qualified sick and family leave wages or compensation pursuant to Division G of the FFCRA, and to receive an advance payment of the refundable portion of the employee retention credit pursuant to Section 2301 of CARES, that will now be claimed on second quarter Form 941, Form 941-SS, or Form 941-PR. Significant changes were made to Form 941 series to allow for the reporting of new employment tax credits and other tax relief related to COVID-19. The estimated number of respondents and the associated burden have been updated to reflect the changes but are preliminary and provided only to comply with the requirements of 5 CFR 1320.3. Updated burden estimates will be provided as part of the renewal of OMB #1545-0029, Employer's Quarterly Federal Tax Return in September 2020. Treasury requests approval of the submission by June 18, 2020 accommodate upcoming second quarter filings which are due on July 31. Given the inability to seek public comment during such a short timeframe, Treasury requests a waiver from the requirement to publish notice in the Federal Register seeking public comment during the period of OMB review. Public comment will be solicited in conjunction with the upcoming renewal of this collection. The Internal Revenue Service (IRS) requests a non-substantive change to OMB Control No. 1545-0029, Employer's Quarterly Federal Tax Return, in order to update the 941 series forms to incorporate provisions of recent legislation. In March 2020, the IRS revised 1545-0029 under emergency procedures in order to implement Division G of P.L. 116–127, the Families First Coronavirus Response Act and Section 2301 of P.L. 116-136, the Coronavirus Aid, Relief, and Economic Security (CARES) Act, addressing the economic disruption stemming from the Novel (new) Coronavirus (“2019-nCoV”) global pandemic. The new Form 7200 was added during that revision, enabling employers to receive an advance payment of the refundable portion of credit for qualified sick and family leave wages or compensation pursuant to Division G of the FFCRA, and to receive an advance payment of the refundable portion of the employee retention credit pursuant to Section 2301 of the CARES Act, that will now be claimed on second quarter Form 941, Form 941-SS, or Form 941-PR. Given the urgency of the pandemic response it was not possible to include updates to the Form 941 series during the previous revision, however updated versions of the Form 941, 941-SS and 941-PR are now being added for usage in the quarterly filings due on July 31. These forms incorporate fields for the reporting of new employment tax credits and other tax relief related to COVID-19. The estimated number of respondents and the associated burden have been updated to reflect the changes, but are preliminary. Updated burden estimates will be provided as part of the renewal of OMB #1545-0029, Employer's Quarterly Federal Tax Return in September 2020.

$12,235,028
No
    Yes
    Yes
No
No
No
Yes
Michael Ecker 202 622-3144

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
06/18/2020


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