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Filing Form 941-X: Deadlines and Timing

Index

  1. How Far Back Can You File Form 941-X?
  2. What is the Deadline for Filing Form 941-X?
  3. Specific Time Frame for Filing Corrections
  4. Consequences of Missing the Deadline

Filing Form 941-X is a critical process for employers who need to correct errors on previously filed Form 941, which reports quarterly federal tax returns. Understanding the deadlines and timing for filing Form 941-X is essential to avoid penalties and ensure compliance with IRS regulations. This article provides a comprehensive overview of the important deadlines and timing considerations for filing Form 941-X.

How Far Back Can You File Form 941-X?

The statute of limitations (SOL) for filing Form 941-X is the later of:

  • Three years from the date the original Form 941 was filed, or
  • Two years from the date the tax was paid.

This means that employers have a window of at least three years to file an amended return to correct any errors on their original Form 941. For example, if an employer filed Form 941 on April 15, 2021, they have until April 15, 2024, to file Form 941-X.

What is the Deadline for Filing Form 941-X?

Form 941-X does not have a specific deadline, but it must be filed within the period of limitations mentioned above. The deadlines for filing Form 941-X to correct underreported taxes are tied to the due date of the return for the period in which the error was discovered. Specifically:

  • For errors discovered in the first quarter (January, February, March), the deadline is April 30.
  • For errors discovered in the second quarter (April, May, June), the deadline is July 31.
  • For errors discovered in the third quarter (July, August, September), the deadline is October 31.
  • For errors discovered in the fourth quarter (October, November, December), the deadline is January 31 of the following year.

If any of these dates fall on a weekend or legal holiday, the deadline is extended to the next business day.

Specific Time Frame for Filing Corrections

The time frame for filing corrections on Form 941-X depends on whether the corrections are for overreported or underreported wages:

  • Overreported Taxes: Employers must file Form 941-X within three years of the original Form 941 filing date or two years from the date the tax was paid, whichever is later.
  • Underreported Taxes: Employers must file Form 941-X by the due date of the return for the period in which the error was discovered and pay the amount owed at the time of filing to avoid interest and penalties.

Consequences of Missing the Deadline

If an employer misses the deadline for filing Form 941-X, several consequences may occur:

  • Loss of Opportunity to Claim Credits: Employers may lose the opportunity to claim any missed credits, such as the Employee Retention Credit (ERC) or other COVID-19-related relief credits.
  • Penalties and Interest: For underreported taxes, if the correction is not made by the due date of the return for the period in which the error was discovered, interest and penalties may apply. This includes potential failure-to-pay (FTP) or failure-to-deposit (FTD) penalties.
  • Averaged FTD Penalty: If Form 941-X is filed late, employers must attach an amended Schedule B (Form 941) to avoid an "averaged" FTD penalty.
Consequences of Missing the Deadline

In summary, timely filing of Form 941-X is crucial to avoid financial consequences and ensure compliance with IRS regulations. Employers should keep track of the relevant deadlines and act promptly to correct any errors on their payroll tax returns. By understanding the timing and deadlines for filing Form 941-X, employers can effectively manage their tax obligations and avoid unnecessary penalties.

Sources

  1. https://tax.thomsonreuters.com/blog/advising-clients-to-file-form-941-x-for-missed-covid-19-relief-credits/
  2. https://www.irs.gov/pub/irs-pdf/i941x.pdf
  3. https://www.irs.gov/pub/irs-pdf/f941x.pdf
  4. https://www.tax1099.com/irs/file-form-941-x-online/
  5. https://www.kbkg.com/employee-retention-tax-credits/the-dangers-of-inaccurate-filing-deadlines-for-the-erc