Page 325 - Individual Forms & Instructions Guide
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         The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
         Adjustment of Tax on Tips                              this quarter of 2023 for leave taken after March 31, 2020,
                                                                and before October 1, 2021, and qualified family leave
         If, by the 10th of the month after the month you received   wages paid this quarter of 2023 for leave taken after
         an employee's report on tips, you don't have enough    March 31, 2020, and before October 1, 2021; tips; taxable
         employee funds available to withhold the employee share   fringe benefits; and supplemental unemployment
         of social security and Medicare taxes, you no longer have   compensation benefits. Don't include any income tax
         to collect it. Report the entire amount of these tips on   withheld by a third-party payer of sick pay even if you
         line 5b (Taxable social security tips), line 5c (Taxable   reported it on Forms W-2. You will reconcile this
         Medicare wages and tips), and, if the withholding      difference on Form W-3. Also include here any excise
         threshold is met, line 5d (Taxable wages and tips subject   taxes you were required to withhold on golden parachute
         to Additional Medicare Tax withholding). Include as a   payments (section 4999). For information on the
         negative adjustment on line 9 the total uncollected    employment tax treatment of fringe benefits, see Pub.
         employee share of the social security and Medicare taxes.  15-B, Employer's Tax Guide to Fringe Benefits. For
                                                                information about supplemental unemployment
         Specific Instructions:                                 compensation benefits and golden parachute payments,
                                                                see section 5 of Pub. 15-A.
         Part 1: Answer These Questions for                       If you’re a third-party payer of sick pay, enter the
         This Quarter                                           federal income tax you withheld (or were required to
                                                                withhold) on third-party sick pay here.
         1. Number of Employees Who Received Wages,             4. If No Wages, Tips, and Other Compensation
         Tips, or Other Compensation                            Are Subject to Social Security or Medicare
         Enter the number of employees on your payroll for the pay   Tax . . .
         period including March 12, June 12, September 12, or   If no wages, tips, and other compensation on line 2 are
         December 12, for the quarter indicated at the top of Form   subject to social security or Medicare tax, check the box
         941. Don't include:                                    on line 4. If this question doesn't apply to you, leave the
          • Household employees,                                box blank. For more information about exempt wages, see
          • Employees in nonpay status for the pay period,      section 15 of Pub. 15. For religious exemptions, see
          • Farm employees,                                     section 4 of Pub. 15-A.
          • Pensioners, or
          • Active members of the U.S. Armed Forces.                   If you’re a governmental employer, wages you pay
                For purposes of these instructions, all references   !  aren't automatically exempt from social security
                                                                       and Medicare taxes. Your employees may be
                                                                CAUTION
          TIP   to “sick pay” mean ordinary sick pay, not “qualified   covered by law or by a voluntary Section 218 Agreement
                sick leave wages” that are reported on line 5a(i)   with the SSA. For more information, see Pub. 963,
         for leave taken after March 31, 2020, and before April 1,   Federal-State Reference Guide.
         2021, or reported on line 5a for leave taken after March
         31, 2021, and before October 1, 2021.
                                                                5a–5e. Taxable Social Security and Medicare
         2. Wages, Tips, and Other Compensation                 Wages and Tips
         Enter amounts on line 2 that would also be included in        Qualified sick leave wages and qualified family
         box 1 of your employees' Forms W-2. See Box              !    leave wages paid this quarter of 2023 for leave
         1—Wages, tips, other compensation in the General       CAUTION  taken after March 31, 2020, and before April 1,
         Instructions for Forms W-2 and W-3 for details. Include   2021, are reported on lines 5a(i) and 5a(ii), respectively.
         sick pay paid by your agent. Also include sick pay paid by   Qualified sick leave wages and qualified family leave
         a third party that isn't your agent (for example, an   wages paid this quarter of 2023 for leave taken after
         insurance company) if you were given timely notice of the   March 31, 2021, and before October 1, 2021, are reported
         payments and the third party transferred liability for the   on line 5a.
         employer's taxes to you.                               5a. Taxable social security wages.  Enter the total
            If you’re a third-party payer of sick pay and not an agent   wages, including qualified sick leave wages and qualified
         of the employer, don't include sick pay that you paid to   family leave wages paid this quarter of 2023 for leave
         policyholders' employees here if you gave the          taken after March 31, 2021, and before October 1, 2021;
         policyholders timely notice of the payments. See section 6   sick pay; and taxable fringe benefits subject to social
         of Pub. 15-A for more information about sick pay reporting   security taxes you paid to your employees during the
         and the procedures for transferring the liability to the   quarter. Don't include the qualified sick leave wages paid
         employer.                                              this quarter of 2023 that are reported on line 5a(i) or
         3. Federal Income Tax Withheld From Wages,             qualified family leave wages paid this quarter of 2023 that
                                                                are reported on line 5a(ii) for leave taken after March 31,
         Tips, and Other Compensation                           2020, and before April 1, 2021. For this purpose, sick pay
         Enter the federal income tax you withheld (or were     includes payments made by an insurance company to
         required to withhold) from your employees on this      your employees for which you received timely notice from
         quarter's wages, including qualified sick leave wages paid   the insurance company. See section 6 of Pub. 15-A for


         Instructions for Form 941 (Rev. 3-2023)             -9-
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