October 30, 2009
Question of the Week: How Do I Opt Out of Filing Form 944?
Filed under: News
Vision Payroll

This week’s question comes from Rick, a restaurant owner. I started my business in June of this year. Since I didn’t have a big payroll in June, the Internal Revenue Service (IRS) recently informed me that I should file Form 944. Since my payroll will be much higher in 2010, I should file Form 941. How do I opt out of filing Form 944? Answer: In Rev. Proc. 2009-51, the IRS explained the procedure to opt out of filing Form 944. Employers who have previously filed Form 941 or Form 944 should call or write the IRS stating that they want to opt out of filing Form 944 before April 2, 2010. New businesses should call or write the IRS before the second day “of the month that the first required Form 941 for the current tax year is due.” In 2010, those days are April 2, 2010, July 2, 2010, October 2, 2010, and January 4, 2011 (due to automatic extensions for holiday and weekend days). Telephone numbers and mailing addresses are provided in Rev. Proc. 2009-51. Contact Vision Payroll if you have any questions on opting out of Form 944.


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