Page 29 - IRS Employer Tax Guide

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taxes exceeded $50,000 for the 4 quarters in its lookback ges each Friday during May but didn't pay any wages dur-
period (third quarter 2018 through second quarter 2019). ing June. Under the monthly deposit schedule, Spruce
Co. must deposit the combined tax liabilities for the May
Deposits Due on Business Days Only paydays by June 15. Spruce Co. doesn't have a deposit
requirement for June (due by July 15) because no wages
If a deposit is required to be made on a day that isn't a were paid and, therefore, it didn't have a tax liability for
business day, the deposit is considered timely if it is made June.
by the close of the next business day. A business day is
any day other than a Saturday, Sunday, or legal holiday. Semiweekly schedule example. Green, Inc., is a semi-
For example, if a deposit is required to be made on a Fri- weekly schedule depositor and pays wages once each
day and Friday is a legal holiday, the deposit will be con- month on the last Friday of the month. Although Green,
sidered timely if it is made by the following Monday (if that Inc., has a semiweekly deposit schedule, it will deposit
Monday is a business day). just once a month because it pays wages only once a
month. The deposit, however, will be made under the
Semiweekly schedule depositors have at least 3 semiweekly deposit schedule as follows: Green, Inc.'s tax
business days following the close of the semiweekly pe- liability for the April 24, 2020 (Friday), payday must be de-
riod to make a deposit. If any of the 3 weekdays after the posited by April 29, 2020 (Wednesday). Under the semi-
end of a semiweekly period is a legal holiday, you’ll have weekly deposit schedule, liabilities for wages paid on
an additional day for each day that is a legal holiday to Wednesday through Friday must be deposited by the fol-
make the required deposit. For example, if a semiweekly lowing Wednesday.
schedule depositor accumulated taxes for payments
made on Friday and the following Monday is a legal holi- $100,000 Next-Day Deposit Rule
day, the deposit normally due on Wednesday may be
made on Thursday (this allows 3 business days to make If you accumulate $100,000 or more in taxes on any day
the deposit). during a monthly or semiweekly deposit period (see De-
posit period, earlier in this section), you must deposit the
Legal holiday. The term “legal holiday” means any legal tax by the next business day, whether you’re a monthly or
holiday in the District of Columbia. For purposes of the de- semiweekly schedule depositor.
posit rules, the term “legal holiday” doesn't include other
statewide legal holidays. Legal holidays for 2020 are listed For purposes of the $100,000 rule, don't continue accu-
next. mulating a tax liability after the end of a deposit period.
• January 1—New Year's Day For example, if a semiweekly schedule depositor has ac-
cumulated a liability of $95,000 on a Tuesday (of a Satur-
• January 20—Birthday of Martin Luther King, Jr. day-through-Tuesday deposit period) and accumulated a
• February 17—Washington's Birthday $10,000 liability on Wednesday, the $100,000 next-day
deposit rule doesn't apply because the $10,000 is accu-
• April 16—District of Columbia Emancipation Day mulated in the next deposit period. Thus, $95,000 must be
• May 25—Memorial Day deposited by Friday and $10,000 must be deposited by
• July 3—Independence Day (observed) the following Wednesday.
• September 7—Labor Day However, once you accumulate at least $100,000 in a
• October 12—Columbus Day deposit period, stop accumulating at the end of that day
and begin to accumulate anew on the next day. For exam-
• November 11—Veterans Day ple, Fir Co. is a semiweekly schedule depositor. On Mon-
• November 26—Thanksgiving Day day, Fir Co. accumulates taxes of $110,000 and must de-
posit this amount on Tuesday, the next business day. On
• December 25—Christmas Day Tuesday, Fir Co. accumulates additional taxes of
$30,000. Because the $30,000 isn't added to the previous
Application of Monthly and Semiweekly $110,000 and is less than $100,000, Fir Co. must deposit
Schedules the $30,000 by Friday (following the semiweekly deposit
schedule).
The terms “monthly schedule depositor” and “semiweekly
schedule depositor” don't refer to how often your business If you’re a monthly schedule depositor and accu-
pays its employees or even how often you’re required to ! mulate a $100,000 tax liability on any day during
make deposits. The terms identify which set of deposit CAUTION the deposit period, you become a semiweekly
rules you must follow when an employment tax liability ari- schedule depositor on the next day and remain so for at
ses. The deposit rules are based on the dates when wa- least the rest of the calendar year and for the following
ges are paid (cash basis), not on when tax liabilities are calendar year.
accrued for accounting purposes.
Example. Elm, Inc., started its business on May 4,
Monthly schedule example. Spruce Co. is a monthly 2020. On Wednesday, May 6, it paid wages for the first
schedule depositor with seasonal employees. It paid wa- time and accumulated a tax liability of $40,000. On Friday,

Page 28 Publication 15 (2020)