Department of the Treasury
Internal Revenue Service
Publication 15
Cat. No. 10000W
(Circular E),
Employer's
Tax Guide
For use in 2020
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Contents
What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Reminders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Calendar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
1. Employer Identification Number (EIN) . . . . . . . 11
2. Who Are Employees? . . . . . . . . . . . . . . . . . . . . 11
3. Family Employees . . . . . . . . . . . . . . . . . . . . . . 13
4. Employee's Social Security Number (SSN) . . . 14
5. Wages and Other Compensation . . . . . . . . . . . 15
6. Tips . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
7. Supplemental Wages . . . . . . . . . . . . . . . . . . . . 19
8. Payroll Period . . . . . . . . . . . . . . . . . . . . . . . . . . 21
9. Withholding From Employees' Wages . . . . . . . 21
10. Required Notice to Employees About the
Earned Income Credit (EIC) . . . . . . . . . . . . . . 25
11. Depositing Taxes . . . . . . . . . . . . . . . . . . . . . . 25
12. Filing Form 941 or Form 944 . . . . . . . . . . . . . . 31
13. Reporting Adjustments to Form 941 or
Form 944 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
14. Federal Unemployment (FUTA) Tax . . . . . . . . 36
15. Special Rules for Various Types of
Services and Payments . . . . . . . . . . . . . . . . . 39
16. Third-Party Payer Arrangements . . . . . . . . . . 44
How To Get Tax Help . . . . . . . . . . . . . . . . . . . . . . 45
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Future Developments
For the latest information about developments related to
Pub. 15, such as legislation enacted after it was
published, go to IRS.gov/Pub15.
What's New
2020 withholding tables. The Percentage Method and
Wage Bracket Method withholding tables, as well as the
amount to add to a nonresident alien employee's wages
for figuring income tax withholding, are no longer included
in Pub. 15. These tables and the employer instructions on
how to figure employee withholding are now included in
Pub. 15-T, Federal Income Tax Withholding Methods. You
may also use the Income Tax Withholding Assistant for
Dec 23, 2019
Employers at IRS.gov/ITWA to help you figure federal in-
come tax withholding.
Redesigned Form W-4 for 2020. The IRS has rede-
signed Form W-4 for 2020. In the past, the value of a with-
holding allowance was tied to the amount of the personal
exemption. Due to changes in the law, taxpayers can no
longer claim personal exemptions or dependency exemp-
tions; therefore, the 2020 Form W-4 no longer asks an
employee to report the number of withholding allowances
that they are claiming. The revised Form W-4 is divided
into five steps. Step 1 and Step 5 apply to all employees.
In Step 1, employees enter personal information like their
name and filing status. In Step 5, employees sign the
form. Employees who complete only Step 1 and Step 5
will have their withholding figured based on their filing sta-
tus's standard deduction and tax rates with no other ad-
justments. If applicable, in Step 2, employees increase
their withholding to account for higher tax rates due to in-
come from other jobs in their household. Under Step 2,
employees either enter an additional amount to withhold
per payroll period in Step 4(c) or check the box in Step
2(c) for higher withholding rate tables to apply to their wa-
ges. In Step 3, employees decrease their withholding by
reporting the annual amount of any credits they will claim
on their income tax return. In Step 4, employees may in-
crease or decrease their withholding based on the annual
amount of other income or deductions they will report on
their income tax return and they may also request any ad-
ditional federal income tax they want withheld each pay
period.
Employees who have submitted Form W-4 in any year
before 2020 aren't required to submit a new form merely
because of the redesign. Employers will continue to figure
withholding based on the information from the employee's
most recently submitted Form W-4. The withholding ta-
bles in Pub. 15-T allow employers to figure withholding
based on a Form W-4 for an earlier year as well as the re-
designed 2020 Form W-4. While you may ask your em-
ployees first paid wages before 2020 to submit new
Forms W-4 using the redesigned version of the form, you
should explain to them that they’re not required to do this
and if they don't submit a new Form W-4, withholding will
continue based on a valid Form W-4 previously submitted.
All newly hired employees first paid wages after 2019
must use the redesigned form. Similarly, any other em-
ployees who wish to adjust their withholding must use the
redesigned form. A new employee who is first paid wages
in 2020, including an employee who previously worked for
you and was rehired in 2020, and who fails to furnish a
Form W-4 will be treated as if they had checked the box
for Single or Married filing separately in Step 1(c) and
made no entries in Step 2, Step 3, or Step 4 of the 2020
Form W-4. However, an employee who was paid wages in
2019 and who failed to furnish a Form W-4 should con-
tinue to be treated as single and claiming zero allowances
on a 2019 Form W-4. See section 9 for additional details.
For the latest information about developments related to
Form W-4, go to IRS.gov/FormW4.
Social security and Medicare tax for 2020. The social
security tax rate is 6.2% each for the employee and
employer, unchanged from 2019. The social security
wage base limit is $137,700.
The Medicare tax rate is 1.45% each for the employee
and employer, unchanged from 2019. There is no wage
base limit for Medicare tax.
Social security and Medicare taxes apply to the wages
of household workers you pay $2,200 or more in cash wa-
ges for 2020. Social security and Medicare taxes apply to
election workers who are paid $1,900 or more in cash or
an equivalent form of compensation in 2020.
New Form 1099-NEC. There is a new Form 1099-NEC
to report nonemployee compensation paid in 2020. The
2020 Form 1099-NEC will be due February 1, 2021. For
nonemployee compensation paid in 2019, continue to use
Form 1099-MISC, which is due January 31, 2020.
Disaster tax relief. Disaster tax relief is available for
those impacted by disasters. For more information about
disaster relief, go to IRS.gov/DisasterTaxRelief.
Reminders
Moving expense reimbursement. P.L. 115-97 sus-
pends the exclusion for qualified moving expense reim-
bursements from your employee's income for tax years
beginning after 2017 and before 2026. However, the ex-
clusion is still available in the case of a member of the
U.S. Armed Forces on active duty who moves because of
a permanent change of station due to a military order. The
exclusion applies only to reimbursement of moving expen-
ses that the member could deduct if he or she had paid or
incurred them without reimbursement. See Moving Ex-
penses in Pub. 3, Armed Forces' Tax Guide, for the defini-
tion of what constitutes a permanent change of station
and to learn which moving expenses are deductible.
Withholding on supplemental wages. P.L. 115-97
lowered the withholding rates on supplemental wages for
tax years beginning after 2017 and before 2026. See sec-
tion 7 for the withholding rates.
Backup withholding. P.L. 115-97 lowered the backup
withholding rate to 24% for tax years beginning after 2017
and before 2026. For more information on backup with-
holding, see Backup withholding, later.
Qualified small business payroll tax credit for in-
creasing research activities. For tax years beginning
after 2015, a qualified small business may elect to claim
up to $250,000 of its credit for increasing research activi-
ties as a payroll tax credit against the employer’s share of
social security tax. The payroll tax credit must be elected
on an original income tax return that is timely filed (includ-
ing extensions). The portion of the credit used against the
employer’s share of social security tax is allowed in the
first calendar quarter beginning after the date that the
qualified small business filed its income tax return. The
election and determination of the credit amount that will
be used against the employer's share of social security
tax are made on Form 6765, Credit for Increasing Re-
search Activities. The amount from Form 6765, line 44,
must then be reported on Form 8974, Qualified Small
Page 2 Publication 15 (2020)
Business Payroll Tax Credit for Increasing Research Ac-
tivities. Form 8974 is used to determine the amount of the
credit that can be used in the current quarter. The amount
from Form 8974, line 12, is reported on Form 941 or
941-SS, line 11 (or Form 944, line 8). For more informa-
tion about the payroll tax credit, see Notice 2017-23,
2017-16 I.R.B. 1100, available at IRS.gov/irb/
2017-16_IRB#NOT-2017-23, and IRS.gov/
ResearchPayrollTC. Also see the line 16 instructions in
the Instructions for Form 941 (line 13 instructions in the In-
structions for Form 944).
Certification program for professional employer or-
ganizations (PEOs). The Stephen Beck, Jr., Achieving a
Better Life Experience Act of 2014 required the IRS to es-
tablish a voluntary certification program for PEOs. PEOs
handle various payroll administration and tax reporting re-
sponsibilities for their business clients and are typically
paid a fee based on payroll costs. To become and remain
certified under the certification program, certified profes-
sional employer organizations (CPEOs) must meet vari-
ous requirements described in sections 3511 and 7705
and related published guidance. Certification as a CPEO
may affect the employment tax liabilities of both the CPEO
and its customers. A CPEO is generally treated for em-
ployment tax purposes as the employer of any individual
who performs services for a customer of the CPEO and is
covered by a contract described in section 7705(e)(2) be-
tween the CPEO and the customer (CPEO contract), but
only for wages and other compensation paid to the indi-
vidual by the CPEO. To become a CPEO, the organization
must apply through the IRS Online Registration System.
For more information or to apply to become a CPEO, go to
IRS.gov/CPEO. Also see Revenue Procedure 2017-14,
2017-3 I.R.B. 426, available at IRS.gov/irb/
2017-03_IRB#RP-2017-14.
Outsourcing payroll duties. Generally, as an employer,
you’re responsible to ensure that tax returns are filed and
deposits and payments are made, even if you contract
with a third party to perform these acts. You remain re-
sponsible if the third party fails to perform any required ac-
tion. Before you choose to outsource any of your payroll
and related tax duties (that is, withholding, reporting, and
paying over social security, Medicare, FUTA, and income
taxes) to a third-party payer, such as a payroll service pro-
vider or reporting agent, go to IRS.gov/
OutsourcingPayrollDuties for helpful information on this
topic. If a CPEO pays wages and other compensation to
an individual performing services for you, and the services
are covered by a contract described in section 7705(e)(2)
between you and the CPEO (CPEO contract), then the
CPEO is generally treated as the employer, but only for
wages and other compensation paid to the individual by
the CPEO. However, with respect to certain employees
covered by a CPEO contract, you may also be treated as
an employer of the employees and, consequently, may
also be liable for federal employment taxes imposed on
wages and other compensation paid by the CPEO to such
employees. For more information on the different types of
third-party payer arrangements, see section 16.
Aggregate Form 941 filers. Agents and CPEOs must
complete Schedule R (Form 941), Allocation Schedule for
Aggregate Form 941 Filers, when filing an aggregate
Form 941. Aggregate Forms 941 are filed by agents ap-
proved by the IRS under section 3504 of the Internal Rev-
enue Code. To request approval to act as an agent for an
employer, the agent files Form 2678 with the IRS. Aggre-
gate Forms 941 are also filed by CPEOs approved by the
IRS under section 7705. CPEOs file Form 8973, Certified
Professional Employer Organization/Customer Reporting
Agreement, to notify the IRS that they’ve started or ended
a service contract with a client or customer.
Aggregate Form 940 filers. Agents and CPEOs must
complete Schedule R (Form 940), Allocation Schedule for
Aggregate Form 940 Filers, when filing an aggregate
Form 940, Employer's Annual Federal Unemployment
(FUTA) Tax Return. Aggregate Forms 940 can be filed by
agents acting on behalf of home care service recipients
who receive home care services through a program ad-
ministered by a federal, state, or local government. To re-
quest approval to act as an agent on behalf of home care
service recipients, the agent files Form 2678 with the IRS.
Aggregate Forms 940 are also filed by CPEOs approved
by the IRS under section 7705. CPEOs file Form 8973 to
notify the IRS that they’ve started or ended a service con-
tract with a client or customer.
Work opportunity tax credit for qualified tax-exempt
organizations hiring qualified veterans. Qualified
tax-exempt organizations that hire eligible unemployed
veterans may be able to claim the work opportunity tax
credit against their payroll tax liability using Form 5884-C.
For more information, go to IRS.gov/WOTC.
COBRA premium assistance credit. Effective for tax
periods beginning after 2013, the credit for COBRA pre-
mium assistance payments can't be claimed on Form 941,
Employer's QUARTERLY Federal Tax Return (or Form
944, Employer's ANNUAL Federal Tax Return). Instead,
after filing your Form 941 (or Form 944), file Form 941-X,
Adjusted Employer's QUARTERLY Federal Tax Return or
Claim for Refund (or Form 944-X, Adjusted Employer's
ANNUAL Federal Tax Return or Claim for Refund) to
claim the COBRA premium assistance credit. Filing a
Form 941-X (or Form 944-X) before filing a Form 941 (or
Form 944) for the return period may result in errors or de-
lays in processing your Form 941-X (or Form 944-X). For
more information, see the Instructions for Form 941 (or the
Instructions for Form 944).
Medicaid waiver payments. Notice 2014-7 provides
that certain Medicaid waiver payments are excludable
from income for federal income tax purposes. See Notice
2014-7, 2014-4 I.R.B. 445, available at IRS.gov/irb/
2014-04_IRB#NOT-2014-7. For more information, includ-
ing questions and answers related to Notice 2014-7, go to
IRS.gov/MedicaidWaiverPayments.
No federal income tax withholding on disability pay-
ments for injuries incurred as a direct result of a ter-
rorist attack directed against the United States. Disa-
bility payments for injuries incurred as a direct result of a
terrorist attack directed against the United States (or its al-
lies) aren't included in income. Because federal income
tax withholding is only required when a payment is includi-
ble in income, no federal income tax should be withheld
Publication 15 (2020) Page 3
from these payments. See Pub. 907, Tax Highlights for
Persons With Disabilities.
Voluntary withholding on dividends and other distri-
butions by an Alaska Native Corporation (ANC). A
shareholder of an ANC may request voluntary income tax
withholding on dividends and other distributions paid by
an ANC. A shareholder may request voluntary withholding
by giving the ANC a completed Form W-4V. For more in-
formation, see Notice 2013-77, 2013-50 I.R.B. 632, avail-
able at IRS.gov/irb/2013-50_IRB#NOT-2013-77.
Definition of marriage. A marriage of two individuals is
recognized for federal tax purposes if the marriage is rec-
ognized by the state, possession, or territory of the United
States in which the marriage is entered into, regardless of
legal residence. Two individuals who enter into a relation-
ship that is denominated as marriage under the laws of a
foreign jurisdiction are recognized as married for federal
tax purposes if the relationship would be recognized as
marriage under the laws of at least one state, possession,
or territory of the United States, regardless of legal resi-
dence. Individuals who have entered into a registered do-
mestic partnership, civil union, or other similar relationship
that isn't denominated as a marriage under the law of the
state, possession, or territory of the United States where
such relationship was entered into aren't lawfully married
for federal tax purposes, regardless of legal residence.
Severance payments. Severance payments are wages
subject to social security and Medicare taxes, income tax
withholding, and FUTA tax.
You must receive written notice from the IRS to file
Form 944. If you’ve been filing Forms 941 (or Forms
941-SS, Employer's QUARTERLY Federal Tax Re-
turn—American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, and the U.S. Virgin Islands, or
Formularios 941-PR, Planilla para la Declaración Federal
TRIMESTRAL del Patrono), and believe your employment
taxes for the calendar year will be $1,000 or less, and you
would like to file Form 944 instead of Forms 941, you must
contact the IRS during the first calendar quarter of the tax
year to request to file Form 944. You must receive written
notice from the IRS to file Form 944 instead of Forms 941
before you may file this form. For more information on re-
questing to file Form 944, including the methods and
deadlines for making a request, see the Instructions for
Form 944.
Employers can request to file Forms 941 instead of
Form 944. If you received notice from the IRS to file
Form 944 but would like to file Forms 941 instead, you
must contact the IRS during the first calendar quarter of
the tax year to request to file Forms 941. You must receive
written notice from the IRS to file Forms 941 instead of
Form 944 before you may file these forms. For more infor-
mation on requesting to file Forms 941, including the
methods and deadlines for making a request, see the In-
structions for Form 944.
Correcting Form 941 or 944. If you discover an error on
a previously filed Form 941, make the correction using
Form 941-X. If you discover an error on a previously filed
Form 944, make the correction using Form 944-X. Forms
941-X and 944-X are filed separately from Forms 941 and
944. Forms 941-X and 944-X are used by employers to
claim refunds or abatements of employment taxes, rather
than Form 843. See section 13 for more information.
Zero wage return. If you haven't filed a “final” Form 940
and "final" Form 941 or 944, or aren't a “seasonal” em-
ployer (Form 941 only), you must continue to file a Form
940 and Form 941 or 944, even for periods during which
you paid no wages. The IRS encourages you to file your
“zero wage” Form 940 and Form 941 or 944 electronically.
Go to IRS.gov/EmploymentEfile for more information on
electronic filing.
Federal tax deposits must be made by electronic
funds transfer (EFT). You must use EFT to make all
federal tax deposits. Generally, an EFT is made using the
Electronic Federal Tax Payment System (EFTPS). If you
don't want to use EFTPS, you can arrange for your tax
professional, financial institution, payroll service, or other
trusted third party to make electronic deposits on your be-
half. Also, you may arrange for your financial institution to
initiate a same-day wire payment on your behalf. EFTPS
is a free service provided by the Department of the Treas-
ury. Services provided by your tax professional, financial
institution, payroll service, or other third party may have a
fee.
For more information on making federal tax deposits,
see How To Deposit in section 11. To get more informa-
tion about EFTPS or to enroll in EFTPS, go to EFTPS.gov,
or call 800-555-4477 or 800-733-4829 (TDD). Additional
information about EFTPS is also available in Pub. 966.
Pub. 5146 explains employment tax examinations
and appeal rights. Pub. 5146 provides employers with
information on how the IRS selects employment tax re-
turns to be examined, what happens during an exam, and
what options an employer has in responding to the results
of an exam, including how to appeal the results. Pub.
5146 also includes information on worker classification is-
sues and tip exams.
Electronic Filing and Payment
Businesses can enjoy the benefits of filing and paying
their federal taxes electronically. Whether you rely on a
tax professional or handle your own taxes, the IRS offers
you convenient programs to make filing and payment
easier.
Spend less time worrying about taxes and more time
running your business. Use e-file and EFTPS to your
benefit.
• For e-file, go to IRS.gov/EmploymentEfile for
additional information. A fee may be charged to file
electronically.
• For EFTPS, go to EFTPS.gov or call EFTPS Customer
Service at 800-555-4477 or 800-733-4829 (TDD).
• For electronic filing of Forms W-2, Wage and Tax
Statement, go to SSA.gov/employer.
Page 4 Publication 15 (2020)
If you’re filing your tax return or paying your fed-
eral taxes electronically, a valid EIN is required at
the time the return is filed or the payment is made.
If a valid EIN isn't provided, the return or payment won't be
processed. This may result in penalties. See section 1 for
information about applying for an EIN.
Electronic funds withdrawal (EFW). If you file your em-
ployment tax return electronically, you can e-file and use
EFW to pay the balance due in a single step using tax
preparation software or through a tax professional. How-
ever, don't use EFW to make federal tax deposits. For
more information on paying your taxes using EFW, go to
IRS.gov/EFW.
Credit or debit card payments. You can pay the bal-
ance due shown on your employment tax return by credit
or debit card. Your payment will be processed by a pay-
ment processor who will charge a processing fee. Don't
use a credit or debit card to make federal tax deposits. For
more information on paying your taxes with a credit or
debit card, go to IRS.gov/PayByCard.
Online payment agreement. You may be eligible to ap-
ply for an installment agreement online if you can’t pay the
full amount of tax you owe when you file your employment
tax return. For more information, see the instructions for
your employment tax return or go to IRS.gov/OPA.
Forms in Spanish
You can provide Formulario W-4(SP), Certificado de
Retenciones del Empleado, in place of Form W-4,
Employee's Withholding Certificate, to your
Spanish-speaking employees. For more information, see
Pub. 17(SP), El Impuesto Federal sobre los Ingresos
(Para Personas Físicas). For nonemployees, such as
independent contractors, Formulario W-9(SP), Solicitud y
Certificación del Número de Identificación del
Contribuyente, may be used in place of Form W-9,
Request for Taxpayer Identification Number and
Certification.
Hiring New Employees
Eligibility for employment. You must verify that each
new employee is legally eligible to work in the United
States. This includes completing the U.S. Citizenship and
Immigration Services (USCIS) Form I-9, Employment Eli-
gibility Verification. You can get Form I-9 at USCIS.gov/
Forms. For more information, visit the USCIS website at
USCIS.gov/I-9-Central or call 800-375-5283 or
800-767-1833 (TTY).
You may use the Social Security Number Verification
Service (SSNVS) at SSA.gov/employer/ssnv.htm to verify
that an employee name matches an SSN. A person may
have a valid SSN but not be authorized to work in the Uni-
ted States. You may use E-Verify at e-verify.gov to con-
firm the employment eligibility of newly hired employees.
New hire reporting. You’re required to report any new
employee to a designated state new hire registry. A newCAUTION
!
employee is an employee who hasn't previously been em-
ployed by you or was previously employed by you but has
been separated from such prior employment for at least
60 consecutive days.
Many states accept a copy of Form W-4 with employer
information added. Visit the Office of Child Support En-
forcement website at acf.hhs.gov/programs/css/
employers for more information.
W-4 request. Ask each new employee to complete the
2020 Form W-4. See section 9.
Name and social security number (SSN). Record
each new employee's name and SSN from his or her so-
cial security card. Any employee without a social security
card should apply for one. See section 4.
Information Returns
You must file Forms W-2 to report wages paid to
employees. You may also be required to file information
returns to report certain types of payments made during
the year. For example, you must file Form 1099-MISC,
Miscellaneous Income, to report payments of $600 or
more in 2019 to persons not treated as employees (for
example, independent contractors) for services performed
for your trade or business. For details about filing Forms
1099 and for information about required electronic filing,
see the General Instructions for Certain Information
Returns for general information, and the separate, specific
instructions for each information return you file (for
example, the 2019 Instructions for Form 1099-MISC).
Generally, don't use Forms 1099 to report wages and
other compensation you paid to employees; report these
on Form W-2. See the General Instructions for Forms W-2
and W-3 for details about filing Form W-2 and for
information about required electronic filing. If you file 250
or more Forms 1099-MISC in calendar year 2020, you
must file them electronically. If you file 250 or more Forms
W-2 in calendar year 2020, you must file them
electronically.
There is a new Form 1099-NEC to report nonem-
ployee compensation paid in 2020. The 2020
Form 1099-NEC will be due February 1, 2021.
Information reporting customer service site. The IRS
operates an information return customer service site to
answer questions about reporting on Forms W-2, W-3,
1099, and other information returns. If you have questions
related to reporting on information returns, call
866-455-7438 (toll free), 304-263-8700 (toll call), or
304-579-4827 (TDD/TTY for persons who are deaf, hard
of hearing, or have a speech disability). The center can
also be reached by email at mccirp@irs.gov. Don't include
tax identification numbers (TINs) or attachments in email
correspondence because electronic mail isn't secure.TIP
Publication 15 (2020) Page 5
Federal Income Tax
Withholding
Withhold federal income tax from each wage payment or
supplemental unemployment compensation plan benefit
payment according to the employee's Form W-4 and the
correct withholding table in Pub. 15-T. If you're paying
supplemental wages to an employee, see section 7. If you
have nonresident alien employees, see Withholding
income taxes on the wages of nonresident alien
employees in section 9.
See section 8 of Pub. 15-A, Employer’s Supplemental
Tax Guide, for information about withholding on pensions
(including distributions from tax-favored retirement plans),
annuities, and individual retirement arrangements (IRAs).
Nonpayroll Income Tax
Withholding
Nonpayroll federal income tax withholding (reported on
Forms 1099 and Form W-2G, Certain Gambling
Winnings) must be reported on Form 945, Annual Return
of Withheld Federal Income Tax. Separate deposits are
required for payroll (Form 941 or Form 944) and
nonpayroll (Form 945) withholding. Nonpayroll items
include the following.
• Pensions (including distributions from tax-favored
retirement plans, for example, section 401(k), section
403(b), and governmental section 457(b) plans),
annuities, and IRA distributions.
• Military retirement.
• Gambling winnings.
• Indian gaming profits.
• Certain government payments on which the recipient
elected voluntary income tax withholding.
• Dividends and other distributions by an ANC on which
the recipient elected voluntary income tax withholding.
• Payments subject to backup withholding.
For details on depositing and reporting nonpayroll
income tax withholding, see the Instructions for Form 945.
Distributions from nonqualified pension plans and
deferred compensation plans. Because distributions to
participants from some nonqualified pension plans and
deferred compensation plans (including section 457(b)
plans of tax-exempt organizations) are treated as wages
and are reported on Form W-2, income tax withheld must
be reported on Form 941 or Form 944, not on Form 945.
However, distributions from such plans to a beneficiary or
estate of a deceased employee aren't wages and are re-
ported on Forms 1099-R, Distributions From Pensions,
Employer Responsibilities
Employer Responsibilities: The following list provides a brief summary of your basic responsibilities. Because the individual
circumstances for each employer can vary greatly, responsibilities for withholding, depositing, and reporting employment taxes can
differ. Each item in this list has a page reference to a more detailed discussion in this publication.
New Employees: Page Annually (see Calendar for due dates): Page
Verify work eligibility of new employees . . . . . . . 5 File Form 944 if required (pay tax with return if
Record employees' names and SSNs from not required to deposit) . . . . . . . . . . . . . . . . . . . . . 31
social security cards . . . . . . . . . . . . . . . . . . . . 5 Remind employees to submit a new Form W-4
Ask employees for Form W-4 . . . . . . . . . . . . . . 5 if they need to change their withholding . . . . . . . . . . 21
Each Payday: Ask for a new Form W-4 from employees
Withhold federal income tax based on each claiming exemption from income tax
employee's Form W-4 . . . . . . . . . . . . . . . . . . . 21 withholding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Withhold employee's share of social security Reconcile Forms 941 (or Form 944) with Forms
and Medicare taxes . . . . . . . . . . . . . . . . . . . . 24 W-2 and W-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Deposit: Furnish each employee a Form W-2 . . . . . . . . . . . . 9
• Withheld income tax File Copy A of Forms W-2 and the transmittal
• Withheld and employer social security taxes Form W-3 with the SSA . . . . . . . . . . . . . . . . . . . . . 9
• Withheld and employer Medicare taxes . . . . . 26 Furnish each other payee a Form 1099 (for example,
Note: Due date of deposit generally depends Form 1099-MISC) . . . . . . . . . . . . . . . . . . . . . . . . . 9
on your deposit schedule (monthly or File Forms 1099 and the transmittal Form
semiweekly). 1096 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Quarterly (By April 30, July 31, October 31, File Form 940 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
and January 31): File Form 945 for any nonpayroll income tax
Deposit FUTA tax if undeposited amount withholding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
is over $500 . . . . . . . . . . . . . . . . . . . . . . . . . . 37
File Form 941 (pay tax with return if not
required to deposit) . . . . . . . . . . . . . . . . . . . . . 31
Page 6 Publication 15 (2020)
Annuities, Retirement or Profit-Sharing Plans, IRAs, Insur-
ance Contracts, etc.; income tax withheld must be repor-
ted on Form 945.
Backup withholding. You generally must withhold 24%
of certain taxable payments if the payee fails to furnish
you with his or her correct taxpayer identification number
(TIN). This withholding is referred to as “backup withhold-
ing.”
Payments subject to backup withholding include inter-
est, dividends, patronage dividends, rents, royalties, com-
missions, nonemployee compensation, payments made in
settlement of payment card or third-party network transac-
tions, and certain other payments you make in the course
of your trade or business. In addition, transactions by
brokers and barter exchanges and certain payments
made by fishing boat operators are subject to backup
withholding.
Backup withholding doesn't apply to wages, pen-
sions, annuities, IRAs (including simplified em-
ployee pension (SEP) and SIMPLE retirement
plans), section 404(k) distributions from an employee
stock ownership plan (ESOP), medical savings accounts
(MSAs), health savings accounts (HSAs), long-term-care
benefits, or real estate transactions.
You can use Form W-9 or Formulario W-9(SP) to re-
quest payees to furnish a TIN. Form W-9 or Formulario
W-9(SP) must be used when payees must certify that the
number furnished is correct, or when payees must certify
that they’re not subject to backup withholding or are ex-
empt from backup withholding. The Instructions for the
Requester of Form W-9 or Formulario W-9(SP) includes a
list of types of payees who are exempt from backup with-
holding. For more information, see Pub. 1281, Backup
Withholding for Missing and Incorrect Name/TIN(s).
Recordkeeping
Keep all records of employment taxes for at least 4 years.
These should be available for IRS review. Your records
should include the following information.
• Your EIN.
• Amounts and dates of all wage, annuity, and pension
payments.
• Amounts of tips reported to you by your employees.
• Records of allocated tips.
• The fair market value of in-kind wages paid.
• Names, addresses, SSNs, and occupations of
employees and recipients.
• Any employee copies of Forms W-2 and W-2c
returned to you as undeliverable.
• Dates of employment for each employee.
• Periods for which employees and recipients were paid
while absent due to sickness or injury and the amount
and weekly rate of payments you or third-party payers
made to them.CAUTION
!
• Copies of employees' and recipients' income tax
withholding certificates (Forms W-4, W-4P, W-4(SP),
W-4S, and W-4V).
• Dates and amounts of tax deposits you made and
acknowledgment numbers for deposits made by
EFTPS.
• Copies of returns filed and confirmation numbers.
• Records of fringe benefits and expense
reimbursements provided to your employees,
including substantiation.
Change of Business Name
Notify the IRS immediately if you change your business
name. Write to the IRS office where you file your returns,
using the Without a payment address provided in the
instructions for your employment tax return, to notify the
IRS of any business name change. See Pub. 1635 to see
if you need to apply for a new EIN.
Change of Business Address
or Responsible Party
Notify the IRS immediately if you change your business
address or responsible party. Complete and mail Form
8822-B to notify the IRS of a business address or
responsible party change. For a definition of “responsible
party,” see the Instructions for Form SS-4.
Filing Addresses
Generally, your filing address for Form 940, 941, 943,
944, 945, or CT-1 depends on the location of your
residence or principal place of business and whether or
not you’re including a payment with your return. There are
separate filing addresses for these returns if you’re a
tax-exempt organization or government entity. See the
separate instructions for Form 940, 941, 943, 944, 945, or
CT-1 for the filing addresses.
Private Delivery Services
You can use certain private delivery services (PDSs)
designated by the IRS to meet the “timely mailing as
timely filing” rule for tax returns. Go to IRS.gov/PDS for the
current list of PDSs.
The PDS can tell you how to get written proof of the
mailing date.
For the IRS mailing address to use if you're using a
PDS, go to IRS.gov/PDSstreetAdresses. Select the
mailing address listed on the webpage that is in the same
state as the address to which you would mail returns filed
without a payment, as shown in the instructions for your
employment tax return.
Publication 15 (2020) Page 7
PDSs can't deliver items to P.O. boxes. You must
use the U.S. Postal Service to mail any item to an
IRS P.O. box address.
Dishonored Payments
Any form of payment that is dishonored and returned from
a financial institution is subject to a penalty. The penalty is
$25 or 2% of the payment, whichever is more. However,
the penalty on dishonored payments of $24.99 or less is
an amount equal to the payment. For example, a
dishonored payment of $18 is charged a penalty of $18.
E-News for Payroll
Professionals
The IRS has a subscription-based email service for
payroll professionals. Subscribers will receive periodic
updates from the IRS. The updates may include
information regarding recent legislative changes affecting
federal payroll reporting, IRS news releases and special
announcements pertaining to the payroll industry, new
employment tax procedures, and other information
specifically affecting federal payroll tax returns. To
subscribe, go to IRS.gov/ENewsPayroll.
Telephone Help
Tax questions. You can call the IRS Business and Spe-
cialty Tax Line with your employment tax questions at
800-829-4933.
Help for people with disabilities. You may call
800-829-4059 (TDD/TTY for persons who are deaf, hard
of hearing, or have a speech disability) with any employ-
ment tax questions. You may also use this number for as-
sistance with unresolved tax problems.
Additional information. Go to IRS.gov/
EmploymentTaxes for additional employment tax informa-
tion. For information about employer responsibilities under
the Affordable Care Act, go to IRS.gov/ACA.
Ordering Employer Tax Forms,
Instructions, and Publications
You can view, download, or print most of the forms,
instructions, and publications you may need at IRS.gov/
Forms. Otherwise, you can go to IRS.gov/OrderForms to
place an order and have them mailed to you.
Instead of ordering paper Forms W-2 and W-3,
consider filing them electronically using the SSA's free
e-file service. Visit the SSA's Employer W-2 Filing
Instructions & Information website at SSA.gov/employer to
register for Business Services Online. You’ll be able to
create Forms W-2 online and submit them to the SSA byCAUTION
!
typing your wage information into easy-to-use fill-in fields.
In addition, you can print out completed copies of Forms
W-2 to file with state or local governments, distribute to
your employees, and keep for your records. Form W-3 will
be created for you based on your Forms W-2.
Photographs of Missing
Children
The IRS is a proud partner with the National Center for
Missing & Exploited Children® (NCMEC). Photographs of
missing children selected by the Center may appear in
this publication on pages that would otherwise be blank.
You can help bring these children home by looking at the
photographs and calling 1-800-THE-LOST
(1-800-843-5678) if you recognize a child.
Calendar
The following is a list of important dates and
responsibilities. The dates listed here haven’t been
adjusted for Saturdays, Sundays, and legal holidays (see
the TIP next). Pub. 509, Tax Calendars (for use in 2020),
adjusts the dates for Saturdays, Sundays, and legal
holidays. See section 11 for information about depositing
taxes reported on Forms 941, 944, and 945. See section
14 for information about depositing FUTA tax. Due dates
for forms required for health coverage reporting aren't
listed here. For these dates, see Pub. 509.
If any date shown next for filing a return, furnish-
ing a form, or depositing taxes falls on a Saturday,
Sunday, or legal holiday, the due date is the next
business day. The term "legal holiday" means any legal
holiday in the District of Columbia. A statewide legal holi-
day delays a filing due date only if the IRS office where
you’re required to file is located in that state. However, a
statewide legal holiday doesn't delay the due date of fed-
eral tax deposits. See Deposits Due on Business Days
Only in section 11. For any filing due date, you’ll meet the
“file” or “furnish” requirement if the envelope containing
the return or form is properly addressed, contains suffi-
cient postage, and is postmarked by the U.S. Postal Serv-
ice on or before the due date, or sent by an IRS-designa-
ted PDS on or before the due date. See Private Delivery
Services under Reminders, earlier, for more information.
Fiscal year taxpayers. The due dates listed next apply
whether you use a calendar or a fiscal year.
By January 31
File Form 941 or Form 944. File Form 941 for the
fourth quarter of the previous calendar year and deposit
any undeposited income, social security, and Medicare
taxes. You may pay these taxes with Form 941 if your
total tax liability for the quarter is less than $2,500. File
Form 944 for the previous calendar year instead of Form
941 if the IRS has notified you in writing to file Form 944.TIP
Page 8 Publication 15 (2020)
Pay any undeposited income, social security, and Medi-
care taxes with your Form 944. You may pay these
taxes with Form 944 if your total tax liability for the year
is less than $2,500. For additional rules on when you
can pay your taxes with your return, see Payment with
return in section 11. If you timely deposited all taxes
when due, you may file by February 10.
File Form 940. File Form 940 to report any FUTA tax.
However, if you deposited all of the FUTA tax when due,
you may file by February 10.
Furnish Forms 1099 and W-2. Furnish each em-
ployee a completed 2019 Form W-2. Furnish 2019 Form
1099-MISC to payees for nonemployee compensation.
Most Forms 1099 must be furnished to payees by Janu-
ary 31, but some can be furnished by February 15. For
more information, see When to furnish forms or state-
ments in part M of the General Instructions for Certain
Information Returns.
File Form W-2. File with the SSA Copy A of all 2019
paper and electronic Forms W-2 with Form W-3, Trans-
mittal of Wage and Tax Statements. For more informa-
tion on reporting Form W-2 information to the SSA elec-
tronically, visit the SSA’s Employer W-2 Filing
Instructions & Information webpage at SSA.gov/
employer. If filing electronically, via the SSA's Form W-2
Online service, the SSA will generate Form W-3 data
from the electronic submission of Form(s) W-2.
File Form 1099-MISC reporting nonemployee com-
pensation. File with the IRS Copy A of all 2019 pa-
per and electronic Forms 1099-MISC that report nonem-
ployee compensation, with Form 1096, Annual
Summary and Transmittal of U.S. Information Returns.
For information on filing information returns electroni-
cally with the IRS, see Pub. 1220, Specifications for
Electronic Filing of Forms 1097, 1098, 1099, 3921,
3922, 5498, and W-2G.
File Form 945. File Form 945 to report any nonpayroll
federal income tax withheld. If you deposited all taxes
when due, you may file by February 10. See Nonpayroll
Income Tax Withholding under Reminders, earlier, for
more information.
By February 15
Request a new Form W-4 from exempt employees.
Ask for a new Form W-4 from each employee who
claimed exemption from income tax withholding last
year.
On February 16
Forms W-4 claiming exemption from withholding ex-
pire. Any Form W-4 claiming exemption from with-
holding for the previous year has now expired. Begin
withholding for any employee who previously claimed
exemption from withholding but hasn't given you a new
Form W-4 for the current year. If the employee doesn't
give you a new Form W-4, withhold tax as if he or she
had checked the box for Single or Married filing sepa-
rately in Step 1(c) and made no entries in Step 2, Step
3, or Step 4 of the 2020 Form W-4. See section 9 for
more information. If the employee gives you a new Form
W-4 claiming exemption from withholding after February
15, you may apply the exemption to future wages, but
don't refund taxes withheld while the exempt status
wasn't in place.
By February 28
File paper 2019 Forms 1099 and 1096. File Copy A
of all paper 2019 Forms 1099, except Forms
1099-MISC reporting nonemployee compensation, with
Form 1096 with the IRS. For electronically filed returns,
see By March 31, later.
By February 29
File paper Form 8027. File paper Form 8027, Em-
ployer's Annual Information Return of Tip Income and
Allocated Tips, with the IRS. See section 6. For elec-
tronically filed returns, see By March 31 next.
By March 31
File electronic 2019 Forms 1099 and 8027. File
electronic 2019 Forms 1099, except Forms 1099-MISC
reporting nonemployee compensation, with the IRS.
Also file electronic Form 8027 with the IRS. For informa-
tion on filing information returns electronically with the
IRS, see Pub. 1220 and Pub. 1239, Specifications for
Electronic Filing of Form 8027, Employer's Annual Infor-
mation Return of Tip Income and Allocated Tips.
By April 30, July 31, October 31, and
January 31
Deposit FUTA taxes. Deposit FUTA tax for the quar-
ter (including any amount carried over from other quar-
ters) if over $500. If $500 or less, carry it over to the next
quarter. See section 14 for more information.
File Form 941. File Form 941 and deposit any unde-
posited income, social security, and Medicare taxes.
You may pay these taxes with Form 941 if your total tax
liability for the quarter is less than $2,500. If you timely
deposited all taxes when due, you may file by May 10,
August 10, November 10, or February 10, respectively.
Don't file Form 941 for these quarters if you have been
notified to file Form 944 and you didn't request and re-
ceive written notice from the IRS to file quarterly Forms
941.
Before December 1
New Forms W-4. Remind employees to submit a new
Form W-4 if their filing status, other income, deductions,
or credits have changed or will change for the next year.
Publication 15 (2020) Page 9
Introduction
This publication explains your tax responsibilities as an
employer. It explains the requirements for withholding, de-
positing, reporting, paying, and correcting employment
taxes. It explains the forms you must give to your employ-
ees, those your employees must give to you, and those
you must send to the IRS and the SSA. References to “in-
come tax” in this guide apply only to “federal” income tax.
Contact your state or local tax department to determine
their rules.
When you pay your employees, you don't pay them all
the money they earned. As their employer, you have the
added responsibility of withholding taxes from their pay-
checks. The federal income tax and employees' share of
social security and Medicare taxes that you withhold from
your employees' paychecks are part of their wages that
you pay to the U.S. Treasury instead of to your employ-
ees. Your employees trust that you pay the withheld taxes
to the U.S. Treasury by making federal tax deposits. This
is the reason that these withheld taxes are called trust
fund taxes. If federal income, social security, or Medicare
taxes that must be withheld aren't withheld or aren't de-
posited or paid to the U.S. Treasury, the trust fund recov-
ery penalty may apply. See section 11 for more informa-
tion.
Additional employment tax information is available in
Pubs. 15-A, 15-B, and 15-T. Pub. 15-A includes special-
ized information supplementing the basic employment tax
information provided in this publication. Pub. 15-B, Em-
ployer's Tax Guide to Fringe Benefits, contains informa-
tion about the employment tax treatment and valuation of
various types of noncash compensation. Pub. 15-T in-
cludes the federal income tax withholding tables and in-
structions on how to use the tables.
Most employers must withhold (except FUTA), deposit,
report, and pay the following employment taxes.
• Income tax.
• Social security tax.
• Medicare tax.
• FUTA tax.
There are exceptions to these requirements. See sec-
tion 15 for guidance. Railroad retirement taxes are ex-
plained in the Instructions for Form CT-1. Employment
taxes for agricultural employers are explained in Pub. 51.
Comments and suggestions. We welcome your com-
ments about this publication and your suggestions for fu-
ture editions.
You can send us comments from IRS.gov/
FormComments.
Or you can write to:
Internal Revenue Service
Tax Forms and Publications
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Although we can’t respond individually to each com-
ment received, we do appreciate your feedback and will
consider your comments as we revise our tax forms, in-
structions, and publications. We can’t answer tax ques-
tions sent to the above address.
Federal government employers. The information in this
publication, including the rules for making federal tax de-
posits, applies to federal agencies.
State and local government employers. Payments to
employees for services in the employ of state and local
government employers are generally subject to federal in-
come tax withholding but not FUTA tax. Most elected and
appointed public officials of state or local governments are
employees under common law rules. See chapter 3 of
Pub. 963, Federal-State Reference Guide. In addition, wa-
ges, with certain exceptions, are subject to social security
and Medicare taxes. See section 15 for more information
on the exceptions.
If an election worker is employed in another capacity
with the same government entity, see Revenue Ruling
2000-6 on page 512 of Internal Revenue Bulletin 2000-6
at IRS.gov/pub/irs-irbs/irb00-06.pdf.
You can get information on reporting and social secur-
ity coverage from your local IRS office. If you have any
questions about coverage under a section 218 (Social Se-
curity Act) agreement, contact the appropriate state offi-
cial. To find your State Social Security Administrator, visit
the National Conference of State Social Security Adminis-
trators website at NCSSSA.org.
Indian tribal governments. See Pub. 4268 for employ-
ment tax information for Indian tribal governments.
Disregarded entities and qualified subchapter S sub-
sidiaries (QSubs). Eligible single-owner disregarded en-
tities and QSubs are treated as separate entities for em-
ployment tax purposes. Eligible single-member entities
must report and pay employment taxes on wages paid to
their employees using the entities' own names and EINs.
See Regulations sections 1.1361-4(a)(7) and
301.7701-2(c)(2)(iv).
COBRA premium assistance credit. The Consolidated
Omnibus Budget Reconciliation Act of 1985 (COBRA)
provides certain former employees, retirees, spouses, for-
mer spouses, and dependent children the right to tempo-
rary continuation of health coverage at group rates. CO-
BRA generally covers multiemployer health plans and
health plans maintained by private-sector employers
(other than churches) with 20 or more full- and part-time
employees. Parallel requirements apply to these plans un-
der the Employee Retirement Income Security Act of 1974
(ERISA). Under the Public Health Service Act, COBRA re-
quirements also apply to health plans covering state or lo-
cal government employees. Similar requirements apply
under the Federal Employees Health Benefits Program
and under some state laws. For the premium assistance
(or subsidy) discussed below, these requirements are all
referred to as COBRA requirements.
Page 10 Publication 15 (2020)
Under the American Recovery and Reinvestment Act of
2009 (ARRA), employers are allowed a credit against
“payroll taxes” (referred to in this publication as “employ-
ment taxes”) for providing COBRA premium assistance to
assistance-eligible individuals. For periods of COBRA
continuation coverage beginning after February 16, 2009,
a group health plan must treat an assistance-eligible indi-
vidual as having paid the required COBRA continuation
coverage premium if the individual elects COBRA cover-
age and pays 35% of the amount of the premium.
An assistance-eligible individual is a qualified benefi-
ciary of an employer's group health plan who is eligible for
COBRA continuation coverage during the period begin-
ning September 1, 2008, and ending May 31, 2010, due
to the involuntary termination from employment of a cov-
ered employee during the period and elects continuation
COBRA coverage. The assistance for the coverage can
last up to 15 months.
The COBRA premium assistance credit was available
to an employer for premiums paid on behalf of employees
who were involuntarily terminated from employment be-
tween September 1, 2008, and May 31, 2010. The CO-
BRA premium assistance credit isn’t available for individu-
als who were involuntarily terminated after May 31, 2010.
Therefore, only in rare circumstances will the credit still be
available, such as instances where COBRA eligibility was
delayed as a result of employer-provided health insurance
coverage following termination. For more information
about the credit, see Notice 2009-27, 2009-16 I.R.B. 838,
available at IRS.gov/irb/2009-16_IRB#NOT-2009-27.
Administrators of the group health plans (or other enti-
ties) that provide or administer COBRA continuation cov-
erage must provide notice to assistance-eligible individu-
als of the COBRA premium assistance.
The 65% of the premium not paid by the assistance-eli-
gible individuals is reimbursed to the employer maintain-
ing the group health plan. The reimbursement is made
through a credit against the employer's employment tax li-
abilities. For information on how to claim the credit, see
the Instructions for Form 941-X or the Instructions for
Form 944-X. The credit is treated as a deposit made on
the first day of the return period (quarter or year). In the
case of a multiemployer plan, the credit is claimed by the
plan, rather than the employer. In the case of an insured
plan subject to state law continuation coverage require-
ments, the credit is claimed by the insurance company,
rather than the employer.
Anyone claiming the credit for COBRA premium assis-
tance payments must maintain the following information to
support their claim.
• Information on the receipt of the assistance-eligible in-
dividuals' 35% share of the premium, including dates
and amounts.
• In the case of an insurance plan, a copy of an invoice
or other supporting statement from the insurance car-
rier and proof of timely payment of the full premium to
the insurance carrier required under COBRA.
• In the case of a self-insured plan, proof of the pre-
mium amount and proof of the coverage provided to
the assistance-eligible individuals.
• Attestation of involuntary termination, including the
date of the involuntary termination for each covered
employee whose involuntary termination is the basis
for eligibility for the subsidy.
• Proof of each assistance-eligible individual's eligibility
for COBRA coverage and the election of COBRA cov-
erage.
• A record of the SSNs of all covered employees, the
amount of the subsidy reimbursed with respect to
each covered employee, and whether the subsidy
was for one individual or two or more individuals.
1. Employer Identification
Number (EIN)
If you’re required to report employment taxes or give tax
statements to employees or annuitants, you need an EIN.
The EIN is a nine-digit number the IRS issues. The dig-
its are arranged as follows: 00-0000000. It is used to iden-
tify the tax accounts of employers and certain others who
have no employees. Use your EIN on all of the items you
send to the IRS and the SSA. For more information, see
Pub. 1635.
If you don’t have an EIN, you may apply for one online
by visiting the IRS website at IRS.gov/EIN. You may also
apply for an EIN by faxing or mailing Form SS-4 to the
IRS. If the principal business was created or organized
outside of the United States or U.S. territories, you may
also apply for an EIN by calling 267-941-1099 (toll call).
Don't use an SSN in place of an EIN.
You should have only one EIN. If you have more than
one and aren't sure which one to use, call 800-829-4933
or 800-829-4059 (TDD/TTY for persons who are deaf,
hard of hearing, or have a speech disability). Give the
numbers you have, the name and address to which each
was assigned, and the address of your main place of busi-
ness. The IRS will tell you which number to use. For more
information, see Pub. 1635.
If you took over another employer's business (see Suc-
cessor employer in section 9), don't use that employer's
EIN. If you’ve applied for an EIN but don't have your EIN
by the time a return is due, file a paper return and write
“Applied For” and the date you applied for it in the space
shown for the number.
2. Who Are Employees?
Generally, employees are defined either under common
law or under statutes for certain situations. See Pub. 15-A
for details on statutory employees and nonemployees.
Employee status under common law. Generally, a
worker who performs services for you is your employee if
you have the right to control what will be done and how it
will be done. This is so even when you give the employee
Publication 15 (2020) Page 11
freedom of action. What matters is that you have the right
to control the details of how the services are performed.
See Pub. 15-A for more information on how to determine
whether an individual providing services is an independ-
ent contractor or an employee.
Generally, people in business for themselves aren't
employees. For example, doctors, lawyers, veterinarians,
and others in an independent trade in which they offer
their services to the public are usually not employees. If
the business is incorporated, corporate officers who work
in the business are employees of the corporation.
If an employer-employee relationship exists, it doesn't
matter what it is called. The employee may be called an
agent or independent contractor. It also doesn't matter
how payments are measured or paid, what they’re called,
or if the employee works full or part time.
Statutory employees. If someone who works for you
isn't an employee under the common law rules discussed
earlier, don't withhold federal income tax from his or her
pay, unless backup withholding applies. Although the fol-
lowing persons may not be common law employees,
they’re considered employees by statute for social secur-
ity and Medicare tax purposes under certain conditions.
• An agent or commission driver who delivers meat,
vegetable, fruit, or bakery products; beverages (other
than milk); laundry; or dry cleaning for someone else.
• A full-time life insurance salesperson who sells primar-
ily for one company.
• A homeworker who works at home or off premises ac-
cording to guidelines of the person for whom the work
is done, with materials or goods furnished by and re-
turned to that person or to someone that person des-
ignates.
• A traveling or city salesperson (other than an agent or
commission driver) who works full time (except for
sideline sales activities) for one firm or person getting
orders from customers. The orders must be for mer-
chandise for resale or supplies for use in the custom-
er's business. The customers must be retailers,
wholesalers, contractors, or operators of hotels, res-
taurants, or other businesses dealing with food or
lodging.
For FUTA tax, an agent or commission driver and a
traveling or city salesperson are considered statutory em-
ployees; however, a full-time life insurance salesperson
and a homeworker aren't considered statutory employees.
Statutory nonemployees. Direct sellers, qualified real
estate agents, and certain companion sitters are, by law,
considered nonemployees. They’re generally treated as
self-employed for all federal tax purposes, including in-
come and employment taxes. See Pub. 15-A for more in-
formation.
H-2A agricultural workers. On Form W-2, don't check
box 13 (Statutory employee), as H-2A workers aren't stat-
utory employees.
Treating employees as nonemployees. You’ll gener-
ally be liable for social security and Medicare taxes and
withheld income tax if you don't deduct and withhold these
taxes because you treated an employee as a nonem-
ployee. You may be able to figure your liability using spe-
cial section 3509 rates for the employee share of social
security and Medicare taxes and federal income tax with-
holding. The applicable rates depend on whether you filed
required Forms 1099. You can't recover the employee
share of social security tax, Medicare tax, or income tax
withholding from the employee if the tax is paid under sec-
tion 3509. You’re liable for the income tax withholding re-
gardless of whether the employee paid income tax on the
wages. You continue to owe the full employer share of so-
cial security and Medicare taxes. The employee remains
liable for the employee share of social security and Medi-
care taxes. See section 3509 for details. Also see the In-
structions for Form 941-X or the Instructions for Form
944-X.
Section 3509 rates aren't available if you intentionally
disregard the requirement to withhold taxes from the em-
ployee or if you withheld income taxes but not social se-
curity or Medicare taxes. Section 3509 isn't available for
reclassifying statutory employees. See Statutory employ-
ees, earlier.
If the employer issued required information returns, the
section 3509 rates are the following.
• For social security taxes: employer rate of 6.2% plus
20% of the employee rate of 6.2%, for a total rate of
7.44% of wages.
• For Medicare taxes: employer rate of 1.45% plus 20%
of the employee rate of 1.45%, for a total rate of
1.74% of wages.
• For Additional Medicare Tax: 0.18% (20% of the em-
ployee rate of 0.9%) of wages subject to Additional
Medicare Tax.
• For income tax withholding, the rate is 1.5% of wages.
If the employer didn't issue required information re-
turns, the section 3509 rates are the following.
• For social security taxes: employer rate of 6.2% plus
40% of the employee rate of 6.2%, for a total rate of
8.68% of wages.
• For Medicare taxes: employer rate of 1.45% plus 40%
of the employee rate of 1.45%, for a total rate of
2.03% of wages.
• For Additional Medicare Tax: 0.36% (40% of the em-
ployee rate of 0.9%) of wages subject to Additional
Medicare Tax.
• For income tax withholding, the rate is 3.0% of wages.
Relief provisions. If you have a reasonable basis for
not treating a worker as an employee, you may be re-
lieved from having to pay employment taxes for that
worker. To get this relief, you must file all required federal
tax returns, including information returns, on a basis con-
sistent with your treatment of the worker. You (or your
predecessor) must not have treated any worker holding a
substantially similar position as an employee for any
Page 12 Publication 15 (2020)
periods beginning after 1977. See Pub. 1976, Do You
Qualify for Relief Under Section 530.
IRS help. If you want the IRS to determine whether a
worker is an employee, file Form SS-8.
Voluntary Classification Settlement Program (VCSP).
Employers who are currently treating their workers (or a
class or group of workers) as independent contractors or
other nonemployees and want to voluntarily reclassify
their workers as employees for future tax periods may be
eligible to participate in the VCSP if certain requirements
are met. File Form 8952 to apply for the VCSP. For more
information, go to IRS.gov/VCSP.
Business Owned and Operated by
Spouses
If you and your spouse jointly own and operate a business
and share in the profits and losses, you may be partners
in a partnership, whether or not you have a formal partner-
ship agreement. See Pub. 541 for more details. The part-
nership is considered the employer of any employees,
and is liable for any employment taxes due on wages paid
to its employees.
Exception—Qualified joint venture. For tax years be-
ginning after 2006, the Small Business and Work Oppor-
tunity Tax Act of 2007 (Public Law 110-28) provides that a
“qualified joint venture,” whose only members are spou-
ses filing a joint income tax return, can elect not to be trea-
ted as a partnership for federal tax purposes. A qualified
joint venture conducts a trade or business where:
• The only members of the joint venture are spouses
who file a joint income tax return,
• Both spouses materially participate (see Material par-
ticipation in the Instructions for Schedule C (Form
1040 or 1040-SR), line G) in the trade or business
(mere joint ownership of property isn't enough),
• Both spouses elect to not be treated as a partnership,
and
• The business is co-owned by both spouses and isn't
held in the name of a state law entity such as a part-
nership or limited liability company (LLC).
To make the election, all items of income, gain, loss,
deduction, and credit must be divided between the spou-
ses, in accordance with each spouse's interest in the ven-
ture, and reported as sole proprietors on a separate
Schedule C (Form 1040 or 1040-SR) or Schedule F (Form
1040 or 1040-SR). Each spouse must also file a separate
Schedule SE (Form 1040 or 1040-SR) to pay self-employ-
ment taxes, as applicable.
Spouses using the qualified joint venture rules are trea-
ted as sole proprietors for federal tax purposes and gener-
ally don't need an EIN. If employment taxes are owed by
the qualified joint venture, either spouse may report and
pay the employment taxes due on the wages paid to the
employees using the EIN of that spouse's sole proprietor-
ship. Generally, filing as a qualified joint venture won't
increase the spouses' total tax owed on the joint income
tax return. However, it gives each spouse credit for social
security earnings on which retirement benefits are based
and for Medicare coverage without filing a partnership re-
turn.
Note. If your spouse is your employee, not your part-
ner, see One spouse employed by another in section 3.
For more information on qualified joint ventures, go to
IRS.gov/QJV.
Exception—Community income. If you and your
spouse wholly own an unincorporated business as com-
munity property under the community property laws of a
state, foreign country, or U.S. possession, you can treat
the business either as a sole proprietorship (of the spouse
who carried on the business) or a partnership. You may
still make an election to be taxed as a qualified joint ven-
ture instead of a partnership. See Exception—Qualified
joint venture, earlier.
3. Family Employees
Child employed by parents. Payments for the services
of a child under age 18 who works for his or her parent in
a trade or business aren't subject to social security and
Medicare taxes if the trade or business is a sole proprie-
torship or a partnership in which each partner is a parent
of the child. If these payments are for work other than in a
trade or business, such as domestic work in the parent's
private home, they’re not subject to social security and
Medicare taxes until the child reaches age 21. However,
see Covered services of a child or spouse, later. Pay-
ments for the services of a child under age 21 who works
for his or her parent, whether or not in a trade or business,
aren't subject to FUTA tax. Payments for the services of a
child of any age who works for his or her parent are gener-
ally subject to income tax withholding unless the pay-
ments are for domestic work in the parent's home, or un-
less the payments are for work other than in a trade or
business and are less than $50 in the quarter or the child
isn't regularly employed to do such work.
One spouse employed by another. The wages for the
services of an individual who works for his or her spouse
in a trade or business are subject to income tax withhold-
ing and social security and Medicare taxes, but not to
FUTA tax. However, the payments for services of one
spouse employed by another in other than a trade or busi-
ness, such as domestic service in a private home, aren't
subject to social security, Medicare, and FUTA taxes.
Covered services of a child or spouse. The wages for
the services of a child or spouse are subject to income tax
withholding as well as social security, Medicare, and
FUTA taxes if he or she works for:
• A corporation, even if it is controlled by the child's pa-
rent or the individual's spouse;
• A partnership, even if the child's parent is a partner,
unless each partner is a parent of the child;
Publication 15 (2020) Page 13
• A partnership, even if the individual's spouse is a part-
ner; or
• An estate, even if it is the estate of a deceased parent.
In these situations, the child or spouse is considered to
work for the corporation, partnership, or estate, not you.
Parent employed by son or daughter. When the em-
ployer is a son or daughter employing his or her parent,
the following rules apply.
• Payments for the services of a parent in the son’s or
daughter’s (the employer’s) trade or business are sub-
ject to income tax withholding and social security and
Medicare taxes.
• Payments for the services of a parent not in the son’s
or daughter’s (the employer’s) trade or business are
generally not subject to social security and Medicare
taxes.
Social security and Medicare taxes do apply to
payments made to a parent for domestic services
if all of the following apply.
• The parent is employed by his or her son or daughter.
• The son or daughter (the employer) has a child or
stepchild (including an adopted child) living in the
home.
• The son or daughter (the employer) is a widow or wid-
ower, divorced and not remarried, or living with a
spouse who, because of a mental or physical condi-
tion, can't care for the child or stepchild for at least 4
continuous weeks in the calendar quarter in which the
service is performed.
• The child or stepchild is either under age 18 or, due to
a mental or physical condition, requires the personal
care of an adult for at least 4 continuous weeks in the
calendar quarter in which the service is performed.
Payments made to a parent employed by his or her
child aren't subject to FUTA tax, regardless of the type of
services provided.
4. Employee's Social Security
Number (SSN)
You’re required to get each employee's name and SSN
and to enter them on Form W-2. This requirement also ap-
plies to resident and nonresident alien employees. You
should ask your employee to show you his or her social
security card. The employee may show the card if it is
available.
Don't accept a social security card that says “Not
valid for employment.” A social security number
issued with this legend doesn't permit employ-
ment.
You may, but aren't required to, photocopy the social
security card if the employee provides it. If you don't
provide the correct employee name and SSN on FormCAUTION
!CAUTION
!
W-2, you may owe a penalty unless you have reasonable
cause. See Pub. 1586, Reasonable Cause Regulations &
Requirements for Missing and Incorrect Name/TINs, for
information on the requirement to solicit the employee's
SSN.
Applying for a social security card. Any employee
who is legally eligible to work in the United States and
doesn't have a social security card can get one by com-
pleting Form SS-5, Application for a Social Security Card,
and submitting the necessary documentation. You can get
Form SS-5 from the SSA website at SSA.gov/forms/
ss-5.pdf, at SSA offices, or by calling 800-772-1213 or
800-325-0778 (TTY). The employee must complete and
sign Form SS-5; it can't be filed by the employer. You may
be asked to supply a letter to accompany Form SS-5 if the
employee has exceeded his or her yearly or lifetime limit
for the number of replacement cards allowed.
Applying for an SSN. If you file Form W-2 on paper and
your employee applied for an SSN but doesn't have one
when you must file Form W-2, enter “Applied For” on the
form. If you’re filing electronically, enter all zeros
(000-00-0000 if creating forms online or 000000000 if up-
loading a file) in the SSN field. When the employee re-
ceives the SSN, file Copy A of Form W-2c, Corrected
Wage and Tax Statement, with the SSA to show the em-
ployee's SSN. Furnish copies B, C, and 2 of Form W-2c to
the employee. Up to 25 Forms W-2c for each Form W-3c,
Transmittal of Corrected Wage and Tax Statements, may
be filed per session over the Internet, with no limit on the
number of sessions. For more information, visit the SSA's
Employer W-2 Filing Instructions & Information webpage
at SSA.gov/employer. Advise your employee to correct
the SSN on his or her original Form W-2.
Correctly record the employee's name and SSN. Re-
cord the name and SSN of each employee as they’re
shown on the employee's social security card. If the em-
ployee's name isn't correct as shown on the card (for ex-
ample, because of marriage or divorce), the employee
should request an updated card from the SSA. Continue
to report the employee's wages under the old name until
the employee shows you the updated social security card
with the corrected name.
If the SSA issues the employee an updated card after a
name change, or a new card with a different SSN after a
change in alien work status, file a Form W-2c to correct
the name/SSN reported for the most recently filed Form
W-2. It isn't necessary to correct other years if the previ-
ous name and number were used for years before the
most recent Form W-2.
IRS individual taxpayer identification numbers
(ITINs) for aliens. Don't accept an ITIN in place of an
SSN for employee identification or for work. An ITIN is
only available to resident and nonresident aliens who
aren't eligible for U.S. employment and need identification
for other tax purposes. You can identify an ITIN because it
is a nine-digit number, formatted like an SSN, that starts
with the number "9" and has a range of numbers from “50–
65,” “70–88,” “90–92,” and “94–99” for the fourth and fifth
Page 14 Publication 15 (2020)
digits (for example, 9NN-7N-NNNN). For more informa-
tion about ITINs, see the Instructions for Form W-7 or go
to IRS.gov/ITIN.
An individual with an ITIN who later becomes eli-
gible to work in the United States must obtain an
SSN. If the individual is currently eligible to work
in the United States, instruct the individual to apply for an
SSN and follow the instructions under Applying for an
SSN, earlier. Don't use an ITIN in place of an SSN on
Form W-2.
Verification of SSNs. Employers and authorized report-
ing agents can use the Social Security Number Verifica-
tion Service (SSNVS) to instantly verify that an employee
name matches an SSN for up to 10 names and SSNs (per
screen) at a time, or submit an electronic file of up to
250,000 names and SSNs and usually receive the results
the next business day. Go to SSA.gov/employer/ssnv.htm
for more information. A person may have a valid SSN but
not be authorized to work in the United States. Employers
may use E-Verify at e-verify.gov to confirm the employ-
ment eligibility of newly hired employees.
Registering for SSNVS. You must register online to
use SSNVS. To register, visit the SSA's website at
SSA.gov/bso and click on the Register link under Busi-
ness Services Online. Follow the registration instructions
to obtain a user identification (ID) and password. You’ll
need to provide the following information about yourself
and your company.
• Name.
• SSN.
• Date of birth.
• Type of employer.
• EIN.
• Company name, address, and telephone number.
• Email address.
When you have completed the online registration proc-
ess, the SSA will mail a one-time activation code to you.
You must enter the activation code online to use SSNVS.
Your employees must receive authorization from you to
use SSNVS. If your employees register, the one-time acti-
vation code will be mailed to you.
5. Wages and Other
Compensation
Wages subject to federal employment taxes generally in-
clude all pay you give to an employee for services per-
formed. The pay may be in cash or in other forms. It in-
cludes salaries, vacation allowances, bonuses,
commissions, and taxable fringe benefits. It doesn't matter
how you measure or make the payments. Amounts an
employer pays as a bonus for signing or ratifying a con-
tract in connection with the establishment of an
employer-employee relationship and an amount paid toCAUTION
!
an employee for cancellation of an employment contract
and relinquishment of contract rights are wages subject to
social security, Medicare, and FUTA taxes and income
tax withholding. Also, compensation paid to a former em-
ployee for services performed while still employed is wa-
ges subject to employment taxes.
More information. See section 6 for a discussion of tips
and section 7 for a discussion of supplemental wages.
Also, see section 15 for exceptions to the general rules for
wages. Pub. 15-A provides additional information on wa-
ges, including nonqualified deferred compensation, and
other compensation. Pub. 15-B provides information on
other forms of compensation, including:
• Accident and health benefits,
• Achievement awards,
• Adoption assistance,
• Athletic facilities,
• De minimis (minimal) benefits,
• Dependent care assistance,
• Educational assistance,
• Employee discounts,
• Employee stock options,
• Employer-provided cell phones,
• Group-term life insurance coverage,
• Health savings accounts,
• Lodging on your business premises,
• Meals,
• No-additional-cost services,
• Retirement planning services,
• Transportation (commuting) benefits,
• Tuition reduction, and
• Working condition benefits.
Employee business expense reimbursements. A re-
imbursement or allowance arrangement is a system by
which you pay the advances, reimbursements, and
charges for your employees' business expenses. How you
report a reimbursement or allowance amount depends on
whether you have an accountable or a nonaccountable
plan. If a single payment includes both wages and an ex-
pense reimbursement, you must specify the amount of the
reimbursement.
These rules apply to all allowable ordinary and neces-
sary employee business expenses.
Accountable plan. To be an accountable plan, your
reimbursement or allowance arrangement must require
your employees to meet all three of the following rules.
1. They must have paid or incurred allowable expenses
while performing services as your employees. The re-
imbursement or advance must be payment for the ex-
penses and must not be an amount that would have
otherwise been paid to the employee as wages.
Publication 15 (2020) Page 15
2. They must substantiate these expenses to you within
a reasonable period of time.
3. They must return any amounts in excess of substanti-
ated expenses within a reasonable period of time.
Amounts paid under an accountable plan aren't wages
and aren't subject to income, social security, Medicare,
and FUTA taxes.
If the expenses covered by this arrangement aren't
substantiated (or amounts in excess of substantiated ex-
penses aren't returned within a reasonable period of time),
the amount paid under the arrangement in excess of the
substantiated expenses is treated as paid under a nonac-
countable plan. This amount is subject to income, social
security, Medicare, and FUTA taxes for the first payroll pe-
riod following the end of the reasonable period of time.
A reasonable period of time depends on the facts and
circumstances. Generally, it is considered reasonable if
your employees receive their advance within 30 days of
the time they pay or incur the expenses, adequately ac-
count for the expenses within 60 days after the expenses
were paid or incurred, and return any amounts in excess
of expenses within 120 days after the expenses were paid
or incurred. Alternatively, it is considered reasonable if
you give your employees a periodic statement (at least
quarterly) that asks them to either return or adequately ac-
count for outstanding amounts and they do so within 120
days.
Nonaccountable plan. Payments to your employee
for travel and other necessary expenses of your business
under a nonaccountable plan are wages and are treated
as supplemental wages and subject to income, social se-
curity, Medicare, and FUTA taxes. Your payments are
treated as paid under a nonaccountable plan if:
• Your employee isn't required to or doesn't substanti-
ate timely those expenses to you with receipts or other
documentation,
• You advance an amount to your employee for busi-
ness expenses and your employee isn't required to or
doesn't return timely any amount he or she doesn't
use for business expenses,
• You advance or pay an amount to your employee re-
gardless of whether you reasonably expect the em-
ployee to have business expenses related to your
business, or
• You pay an amount as a reimbursement you would
have otherwise paid as wages.
See section 7 for more information on supplemental
wages.
Per diem or other fixed allowance. You may reim-
burse your employees by travel days, miles, or some
other fixed allowance under the applicable revenue proce-
dure. In these cases, your employee is considered to have
accounted to you if your reimbursement doesn't exceed
rates established by the federal government. The stand-
ard mileage rate for auto expenses is provided in Pub.
15-B.
The government per diem rates for meals and lodging
in the continental United States can be found by visiting
the U.S. General Services Administration website at
GSA.gov/PerDiemRates. Other than the amount of these
expenses, your employees' business expenses must be
substantiated (for example, the business purpose of the
travel or the number of business miles driven). For infor-
mation on substantiation methods, see Pub. 463.
If the per diem or allowance paid exceeds the amounts
substantiated, you must report the excess amount as wa-
ges. This excess amount is subject to income tax with-
holding and payment of social security, Medicare, and
FUTA taxes. Show the amount equal to the substantiated
amount (that is, the nontaxable portion) in box 12 of Form
W-2 using code “L.”
Wages not paid in money. If in the course of your trade
or business you pay your employees in a medium that is
neither cash nor a readily negotiable instrument, such as
a check, you’re said to pay them “in kind.” Payments in
kind may be in the form of goods, lodging, food, clothing,
or services. Generally, the fair market value of such pay-
ments at the time they’re provided is subject to federal in-
come tax withholding and social security, Medicare, and
FUTA taxes.
However, noncash payments for household work, agri-
cultural labor, and service not in the employer's trade or
business are exempt from social security, Medicare, and
FUTA taxes. Withhold income tax on these payments only
if you and the employee agree to do so. Nonetheless,
noncash payments for agricultural labor, such as com-
modity wages, are treated as cash payments subject to
employment taxes if the substance of the transaction is a
cash payment.
Meals and lodging. The value of meals isn't taxable in-
come and isn't subject to federal income tax withholding
and social security, Medicare, and FUTA taxes if the
meals are furnished for the employer's convenience and
on the employer's premises. The value of lodging isn't
subject to federal income tax withholding and social se-
curity, Medicare, and FUTA taxes if the lodging is fur-
nished for the employer's convenience, on the employer's
premises, and as a condition of employment.
“For the convenience of the employer” means you have
a substantial business reason for providing the meals and
lodging other than to provide additional compensation to
the employee. For example, meals you provide at the
place of work so that an employee is available for emer-
gencies during his or her lunch period are generally con-
sidered to be for your convenience. You must be able to
show these emergency calls have occurred or can rea-
sonably be expected to occur, and that the calls have re-
sulted, or will result, in you calling on your employees to
perform their jobs during their meal period.
Whether meals or lodging are provided for the conven-
ience of the employer depends on all of the facts and cir-
cumstances. A written statement that the meals or lodging
are for your convenience isn't sufficient.
50% test. If over 50% of the employees who are pro-
vided meals on an employer's business premises receive
Page 16 Publication 15 (2020)
these meals for the convenience of the employer, all
meals provided on the premises are treated as furnished
for the convenience of the employer. If this 50% test is
met, the value of the meals is excludable from income for
all employees and isn't subject to federal income tax with-
holding or employment taxes. For more information, see
Pub. 15-B.
Health insurance plans. If you pay the cost of an acci-
dent or health insurance plan for your employees, includ-
ing an employee's spouse and dependents, your pay-
ments aren't wages and aren't subject to social security,
Medicare, and FUTA taxes, or federal income tax with-
holding. Generally, this exclusion also applies to qualified
long-term care insurance contracts. However, for income
tax withholding, the value of health insurance benefits
must be included in the wages of S corporation employ-
ees who own more than 2% of the S corporation (2%
shareholders). For social security, Medicare, and FUTA
taxes, the health insurance benefits are excluded from the
2% shareholder's wages. See Announcement 92-16 for
more information. You can find Announcement 92-16 on
page 53 of Internal Revenue Bulletin 1992-5.
Health savings accounts (HSAs) and medical sav-
ings accounts (MSAs). Your contributions to an em-
ployee's HSA or Archer MSA aren't subject to social se-
curity, Medicare, or FUTA taxes, or federal income tax
withholding if it is reasonable to believe at the time of pay-
ment of the contributions they’ll be excludable from the in-
come of the employee. To the extent it isn't reasonable to
believe they’ll be excludable, your contributions are sub-
ject to these taxes. Employee contributions to their HSAs
or MSAs through a payroll deduction plan must be inclu-
ded in wages and are subject to social security, Medicare,
and FUTA taxes and income tax withholding. However,
HSA contributions made under a salary reduction ar-
rangement in a section 125 cafeteria plan aren't wages
and aren't subject to employment taxes or withholding.
For more information, see the Instructions for Form 8889.
Medical care reimbursements. Generally, medical care
reimbursements paid for an employee under an employ-
er's self-insured medical reimbursement plan aren't wa-
ges and aren't subject to social security, Medicare, and
FUTA taxes, or income tax withholding. See Pub. 15-B for
a rule regarding inclusion of certain reimbursements in the
gross income of highly compensated individuals.
Differential wage payments. Differential wage pay-
ments are any payments made by an employer to an indi-
vidual for a period during which the individual is perform-
ing service in the uniformed services while on active duty
for a period of more than 30 days and represent all or a
portion of the wages the individual would have received
from the employer if the individual were performing serv-
ices for the employer.
Differential wage payments are wages for income tax
withholding, but aren't subject to social security, Medi-
care, or FUTA taxes. Employers should report differential
wage payments in box 1 of Form W-2. For more informa-
tion about the tax treatment of differential wage payments,
see Revenue Ruling 2009-11, 2009-18 I.R.B. 896, availa-
ble at IRS.gov/irb/2009-18_IRB#RR-2009-11.
Fringe benefits. You generally must include fringe bene-
fits in an employee's wages (but see Nontaxable fringe
benefits next). The benefits are subject to income tax
withholding and employment taxes. Fringe benefits in-
clude cars you provide, flights on aircraft you provide, free
or discounted commercial flights, vacations, discounts on
property or services, memberships in country clubs or
other social clubs, and tickets to entertainment or sporting
events. In general, the amount you must include is the
amount by which the fair market value of the benefit is
more than the sum of what the employee paid for it plus
any amount the law excludes. There are other special
rules you and your employees may use to value certain
fringe benefits. See Pub. 15-B for more information.
Nontaxable fringe benefits. Some fringe benefits
aren't taxable (or are minimally taxable) if certain condi-
tions are met. See Pub. 15-B for details. The following are
some examples of nontaxable fringe benefits.
• Services provided to your employees at no additional
cost to you.
• Qualified employee discounts.
• Working condition fringes that are property or services
that would be allowable as a business expense or de-
preciation expense deduction to the employee if he or
she had paid for them. Examples include a company
car for business use and subscriptions to business
magazines.
• Certain minimal value fringes (including an occasional
cab ride when an employee must work overtime and
meals you provide at eating places you run for your
employees if the meals aren't furnished at below cost).
• Qualified transportation fringes subject to specified
conditions and dollar limitations (including transporta-
tion in a commuter highway vehicle, any transit pass,
and qualified parking).
• The use of on-premises athletic facilities operated by
you if substantially all of the use is by employees, their
spouses, and their dependent children.
• Qualified tuition reduction an educational organization
provides to its employees for education. For more in-
formation, see Pub. 970.
• Employer-provided cell phones provided primarily for
a noncompensatory business reason.
However, don't exclude the following fringe benefits
from the wages of highly compensated employees unless
the benefit is available to other employees on a nondiscri-
minatory basis.
• No-additional-cost services.
• Qualified employee discounts.
• Meals provided at an employer-operated eating fa-
cility.
• Reduced tuition for education.
Publication 15 (2020) Page 17
For more information, including the definition of a highly
compensated employee, see Pub. 15-B.
When taxable fringe benefits are treated as paid.
You may choose to treat certain taxable noncash fringe
benefits as paid by the pay period, by the quarter, or on
any other basis you choose, as long as you treat the ben-
efits as paid at least once a year. You don't have to make
a formal choice of payment dates or notify the IRS of the
dates you choose. You don't have to make this choice for
all employees. You may change methods as often as you
like, as long as you treat all benefits provided in a calen-
dar year as paid by December 31 of the calendar year.
See section 4 of Pub. 15-B for more information, including
a discussion of the special accounting rule for fringe bene-
fits provided during November and December.
Valuation of fringe benefits. Generally, you must
determine the value of fringe benefits no later than Janu-
ary 31 of the next year. Before January 31, you may rea-
sonably estimate the value of the fringe benefits for purpo-
ses of withholding and depositing on time.
Withholding on fringe benefits. You may add the
value of fringe benefits to regular wages for a payroll pe-
riod and figure withholding taxes on the total, or you may
withhold federal income tax on the value of the fringe ben-
efits at the optional flat 22% supplemental wage rate.
However, see Withholding on supplemental wages when
an employee receives more than $1 million of supplemen-
tal wages during the calendar year in section 7.
You may choose not to withhold income tax on the
value of an employee's personal use of a vehicle you pro-
vide. You must, however, withhold social security and
Medicare taxes on the use of the vehicle. See Pub. 15-B
for more information on this election.
Depositing taxes on fringe benefits. Once you
choose when fringe benefits are paid, you must deposit
taxes in the same deposit period you treat the fringe bene-
fits as paid. To avoid a penalty, deposit the taxes following
the general deposit rules for that deposit period.
If you determine by January 31 you overestimated the
value of a fringe benefit at the time you withheld and de-
posited for it, you may claim a refund for the overpayment
or have it applied to your next employment tax return. See
Valuation of fringe benefits, earlier. If you underestimated
the value and deposited too little, you may be subject to a
failure-to-deposit (FTD) penalty. See section 11 for infor-
mation on deposit penalties.
If you deposited the required amount of taxes but with-
held a lesser amount from the employee, you can recover
from the employee the social security, Medicare, or in-
come taxes you deposited on his or her behalf, and inclu-
ded in the employee's Form W-2. However, you must re-
cover the income taxes before April 1 of the following
year.
Sick pay. In general, sick pay is any amount you pay un-
der a plan to an employee who is unable to work because
of sickness or injury. These amounts are sometimes paid
by a third party, such as an insurance company or an em-
ployees' trust. In either case, these payments are subject
to social security, Medicare, and FUTA taxes. These
taxes don't apply to sick pay paid more than 6 calendar
months after the last calendar month in which the em-
ployee worked for the employer. The payments are al-
ways subject to federal income tax. See section 6 of Pub.
15-A for more information.
Identity protection services. The value of identity pro-
tection services provided by an employer to an employee
isn't included in an employee's gross income and doesn't
need to be reported on an information return (such as
Form W-2) filed for employees. This includes identity pro-
tection services provided before a data breach occurs.
This exception doesn't apply to cash received instead of
identity protection services or to proceeds received under
an identity theft insurance policy. For more information,
see Announcement 2015-22, 2015-35 I.R.B. 288, availa-
ble at IRS.gov/irb/2015-35_IRB#ANN-2015-22, and An-
nouncement 2016-02, 2016-3 I.R.B. 283, available at
IRS.gov/irb/2016-03_IRB#ANN-2016-02.
6. Tips
Cash tips your employee receives from customers are
generally subject to withholding. Your employee must re-
port cash tips to you by the 10th of the month after the
month the tips are received. Cash tips include tips paid by
cash, check, debit card, and credit card. The report
should include tips you paid over to the employee for
charge customers, tips the employee received directly
from customers, and tips received from other employees
under any tip-sharing arrangement. Both directly and indi-
rectly tipped employees must report tips to you. No report
is required for months when tips are less than $20. Your
employee reports the tips on Form 4070 or on a similar
statement. The statement must be signed and dated by
the employee and must include:
• The employee's name, address, and SSN;
• Your name and address;
• The month and year (or the beginning and ending
dates, if the statement is for a period of less than 1
calendar month) the report covers; and
• The total of tips received during the month or period.
Both Forms 4070 and 4070-A, Employee's Daily Re-
cord of Tips, are included in Pub. 1244, Employee's Daily
Record of Tips and Report to Employer.
You’re permitted to establish a system for elec-
tronic tip reporting by employees. See Regula-
tions section 31.6053-1(d).
Collecting taxes on tips. You must collect federal in-
come tax, employee social security tax, and employee
Medicare tax on the employee's tips. The withholding
rules for withholding an employee's share of Medicare tax
on tips also apply to withholding the Additional Medicare
Tax once wages and tips exceed $200,000 in the calen-
dar year.TIP
Page 18 Publication 15 (2020)
You can collect these taxes from the employee's wages
(excluding tips) or from other funds he or she makes avail-
able. See Tips are treated as supplemental wages in sec-
tion 7 for more information. Stop collecting the employee
social security tax when his or her wages and tips for tax
year 2020 reach $137,700; collect the income and em-
ployee Medicare taxes for the whole year on all wages
and tips. You’re responsible for the employer social secur-
ity tax on wages and tips until the wages (including tips)
reach the limit. You’re responsible for the employer Medi-
care tax for the whole year on all wages and tips. Tips are
considered to be paid at the time the employee reports
them to you. Deposit taxes on tips based on your deposit
schedule as described in section 11. File Form 941 or
Form 944 to report withholding and employment taxes on
tips.
Ordering rule. If, by the 10th of the month after the
month for which you received an employee's report on
tips, you don't have enough employee funds available to
deduct the employee tax, you no longer have to collect it.
If there aren't enough funds available, withhold taxes in
the following order.
1. Withhold on regular wages and other compensation.
2. Withhold social security and Medicare taxes on tips.
3. Withhold income tax on tips.
Reporting tips. Report tips and any collected and un-
collected social security and Medicare taxes on Form W-2
and on Form 941, lines 5b, 5c, and, if applicable, 5d
(Form 944, lines 4b, 4c, and, if applicable, 4d). Report a
negative adjustment on Form 941, line 9 (Form 944,
line 6), for the uncollected social security and Medicare
taxes. Enter the amount of uncollected social security tax
and Medicare tax on Form W-2, box 12, with codes “A”
and “B.” Don't include any uncollected Additional Medi-
care Tax in box 12 of Form W-2. For additional informa-
tion on reporting tips, see section 13 and the General In-
structions for Forms W-2 and W-3.
Revenue Ruling 2012-18 provides guidance for em-
ployers regarding social security and Medicare taxes im-
posed on tips, including information on the reporting of the
employer share of social security and Medicare taxes un-
der section 3121(q), the difference between tips and serv-
ice charges, and the section 45B credit. See Revenue
Ruling 2012-18, 2012-26 I.R.B. 1032, available at
IRS.gov/irb/2012-26_IRB#RR-2012-18.
FUTA tax on tips. If an employee reports to you in writ-
ing $20 or more of tips in a month, the tips are also subject
to FUTA tax.
Allocated tips. If you operate a large food or beverage
establishment, you must report allocated tips under cer-
tain circumstances. However, don't withhold income, so-
cial security, or Medicare taxes on allocated tips.
A large food or beverage establishment is one that pro-
vides food or beverages for consumption on the premises,
where tipping is customary, and where there were nor-
mally more than 10 employees on a typical business day
during the preceding year.
The tips may be allocated by one of three meth-
ods—hours worked, gross receipts, or good faith agree-
ment. For information about these allocation methods, in-
cluding the requirement to file Forms 8027 electronically if
250 or more forms are filed in calendar year 2020, see the
Instructions for Form 8027. For information on filing Form
8027 electronically with the IRS, see Pub. 1239.
Tip Rate Determination and Education Program. Em-
ployers may participate in the Tip Rate Determination and
Education Program. The program primarily consists of two
voluntary agreements developed to improve tip income
reporting by helping taxpayers to understand and meet
their tip reporting responsibilities. The two agreements are
the Tip Rate Determination Agreement (TRDA) and the
Tip Reporting Alternative Commitment (TRAC). A tip
agreement, the Gaming Industry Tip Compliance Agree-
ment (GITCA), is available for the gaming (casino) indus-
try. For more information, see Pub. 3144.
More information. Advise your employees to see Pub.
531 or use the IRS Interactive Tax Assistant at IRS.gov/
TipIncome for help in determining if their tip income is tax-
able and for information about how to report tip income.
7. Supplemental Wages
Supplemental wages are wage payments to an employee
that aren't regular wages. They include, but aren't limited
to, bonuses, commissions, overtime pay, payments for
accumulated sick leave, severance pay, awards, prizes,
back pay, reported tips, retroactive pay increases, and
payments for nondeductible moving expenses. However,
employers have the option to treat overtime pay and tips
as regular wages instead of supplemental wages. Other
payments subject to the supplemental wage rules include
taxable fringe benefits and expense allowances paid un-
der a nonaccountable plan. How you withhold on supple-
mental wages depends on whether the supplemental pay-
ment is identified as a separate payment from regular
wages. See Regulations section 31.3402(g)-1 for addi-
tional guidance. Also see Revenue Ruling 2008-29,
2008-24 I.R.B. 1149, available at IRS.gov/irb/
2008-24_IRB#RR-2008-29.
Withholding on supplemental wages when an em-
ployee receives more than $1 million of supplemen-
tal wages from you during the calendar year. Special
rules apply to the extent supplemental wages paid to any
one employee during the calendar year exceed $1 million.
If a supplemental wage payment, together with other sup-
plemental wage payments made to the employee during
the calendar year, exceeds $1 million, the excess is sub-
ject to withholding at 37% (or the highest rate of income
tax for the year). Withhold using the 37% rate without re-
gard to the employee's Form W-4. In determining supple-
mental wages paid to the employee during the year, in-
clude payments from all businesses under common
control. For more information, see Treasury Decision
Publication 15 (2020) Page 19
9276, 2006-37 I.R.B. 423, available at IRS.gov/irb/
2006-37_IRB#TD-9276.
Withholding on supplemental wage payments to an
employee who doesn't receive $1 million of supple-
mental wages during the calendar year. If the supple-
mental wages paid to the employee during the calendar
year are less than or equal to $1 million, the following
rules apply in determining the amount of income tax to be
withheld.
Supplemental wages combined with regular wages.
If you pay supplemental wages with regular wages but
don't specify the amount of each, withhold federal income
tax as if the total were a single payment for a regular pay-
roll period.
Supplemental wages identified separately from regu-
lar wages. If you pay supplemental wages separately
(or combine them in a single payment and specify the
amount of each), the federal income tax withholding
method depends partly on whether you withhold income
tax from your employee's regular wages.
1. If you withheld income tax from an employee's regular
wages in the current or immediately preceding calen-
dar year, you can use one of the following methods
for the supplemental wages.
a. Withhold a flat 22% (no other percentage al-
lowed).
b. If the supplemental wages are paid concurrently
with regular wages, add the supplemental wages
to the concurrently paid regular wages and with-
hold federal income tax as if the total were a single
payment for a regular payroll period. If there are
no concurrently paid regular wages, add the sup-
plemental wages to, alternatively, either the regu-
lar wages paid or to be paid for the current payroll
period or the regular wages paid for the preceding
payroll period. Figure the income tax withholding
as if the total of the regular wages and supplemen-
tal wages is a single payment. Subtract the tax al-
ready withheld or to be withheld from the regular
wages. Withhold the remaining tax from the sup-
plemental wages. If there were other payments of
supplemental wages paid during the payroll period
made before the current payment of supplemental
wages, aggregate all the payments of supplemen-
tal wages paid during the payroll period with the
regular wages paid during the payroll period, fig-
ure the tax on the total, subtract the tax already
withheld from the regular wages and the previous
supplemental wage payments, and withhold the
remaining tax.
2. If you didn't withhold income tax from the employee's
regular wages in the current or immediately preceding
calendar year, use method 1b.
Regardless of the method you use to withhold income tax
on supplemental wages, they’re subject to social security,
Medicare, and FUTA taxes.
Example 1. You pay John Peters a base salary on the
1st of each month. His most recent Form W-4 is from
2017, and he is single, claims one withholding allowance,
and did not enter an amount for additional withholding on
his Form W-4. In January, he is paid $1,000. You decide
to use the Wage Bracket Method of withholding. Using
Worksheet 3 and the withholding tables in section 3 of
Pub. 15-T, you withhold $32 from this amount. In Febru-
ary, he receives salary of $1,000 plus a commission of
$500, which you combine with regular wages and don't
separately identify. You figure the withholding based on
the total of $1,500. The correct withholding from the tables
is $83.
Example 2. You pay Sharon Warren a base salary on
the 1st of each month. She submitted a 2020 Form W-4
and checked the box that she is Single or Married filing
separately. She did not complete Steps 2, 3, and 4 on her
Form W-4. Her May 1 pay is $2,000. You decide to use
the Wage Bracket Method of withholding. Using Work-
sheet 2 and the withholding tables in section 2 of Pub.
15-T, you withhold $99. On May 15, she receives a bonus
of $1,000. Electing to use supplemental wage withholding
method 1b, you do the following.
1. Add the bonus amount to the amount of wages from
the most recent base salary pay date (May 1) ($2,000
+ $1,000 = $3,000).
2. Determine the amount of withholding on the com-
bined $3,000 amount to be $217 using the wage
bracket tables.
3. Subtract the amount withheld from wages on the most
recent base salary pay date (May 1) from the com-
bined withholding amount ($217 – $99 = $118).
4. Withhold $118 from the bonus payment.
Example 3. The facts are the same as in Example 2,
except you elect to use the flat rate method of withholding
on the bonus. You withhold 22% of $1,000, or $220, from
Sharon's bonus payment.
Example 4. The facts are the same as in Example 2,
except you elect to pay Sharon a second bonus of $2,000
on May 29. Using supplemental wage withholding method
1b, you do the following.
1. Add the first and second bonus amounts to the
amount of wages from the most recent base salary
pay date (May 1) ($2,000 + $1,000 + $2,000 =
$5,000).
2. Determine the amount of withholding on the com-
bined $5,000 amount to be $515 using the wage
bracket tables.
3. Subtract the amounts withheld from wages on the
most recent base salary pay date (May 1) and the
amounts withheld from the first bonus payment from
the combined withholding amount ($515 – $99 – $118
= $298).
4. Withhold $298 from the second bonus payment.
Page 20 Publication 15 (2020)
Tips are treated as supplemental wages. Withhold in-
come tax on tips from wages earned by the employee or
from other funds the employee makes available. Don't
withhold the income tax due on tips from employee tips. If
an employee receives regular wages and reports tips, fig-
ure income tax withholding as if the tips were supplemen-
tal wages. If you withheld income tax from the regular wa-
ges in the current or immediately preceding calendar year,
you can withhold on the tips by method 1a or 1b dis-
cussed earlier in this section under Supplemental wages
identified separately from regular wages. If you didn’t with-
hold income tax from the regular wages in the current or
immediately preceding calendar year, add the tips to the
regular wages and withhold income tax on the total by
method 1b discussed earlier. Employers also have the op-
tion to treat tips as regular wages rather than supplemen-
tal wages. Service charges aren't tips; therefore, withhold
taxes on service charges as you would on regular wages.
Vacation pay. Vacation pay is subject to withholding as if
it were a regular wage payment. When vacation pay is in
addition to regular wages for the vacation period (for ex-
ample, an annual lump-sum payment for unused vacation
leave), treat it as a supplemental wage payment. If the va-
cation pay is for a time longer than your usual payroll pe-
riod, spread it over the pay periods for which you pay it.
8. Payroll Period
Your payroll period is a period of service for which you
usually pay wages. When you have a regular payroll pe-
riod, withhold income tax for that time period even if your
employee doesn't work the full period.
No regular payroll period. When you don't have a reg-
ular payroll period, withhold the tax as if you paid wages
for a daily or miscellaneous payroll period. Figure the
number of days (including Sundays and holidays) in the
period covered by the wage payment. If the wages are un-
related to a specific length of time (for example, commis-
sions paid on completion of a sale), count back the num-
ber of days from the payment period to the latest of:
• The last wage payment made during the same calen-
dar year;
• The date employment began, if during the same cal-
endar year; or
• January 1 of the same year.
Employee paid for period less than 1 week. When
you pay an employee for a period of less than 1 week, and
the employee signs a statement under penalties of perjury
indicating he or she isn't working for any other employer
during the same week for wages subject to withholding,
figure withholding based on a weekly payroll period. If the
employee later begins to work for another employer for
wages subject to withholding, the employee must notify
you within 10 days. You then figure withholding based on
the daily or miscellaneous period.
9. Withholding From
Employees' Wages
Income Tax Withholding
The IRS has redesigned Form W-4 for 2020. Em-
ployees who have submitted Form W-4 in any
year before 2020 aren't required to submit a new
form merely because of the redesign. See Redesigned
Form W-4 for 2020, earlier, under What's New. Employer
instructions on how to figure employee withholding are
provided in Pub. 15-T. You may also use the Income Tax
Withholding Assistant for Employers at IRS.gov/ITWA to
help you figure federal income tax withholding.
Using Form W-4 to figure withholding. To know how
much federal income tax to withhold from employees' wa-
ges, you should have a Form W-4 on file for each em-
ployee. Encourage your employees to file an updated
Form W-4 for 2020, especially if they owed taxes or re-
ceived a large refund when filing their 2019 tax return. Ad-
vise your employees to use the IRS Tax Withholding Esti-
mator available at IRS.gov/W4App to determine accurate
withholding.
Ask all new employees to give you a signed Form W-4
when they start work. Make the form effective with the first
wage payment. If a new employee doesn't give you a
completed Form W-4, then how you will treat the em-
ployee depends on when you first paid your employee wa-
ges. A new employee who is first paid wages in 2020, in-
cluding an employee who previously worked for you and
was rehired in 2020, and who fails to furnish a Form W-4
will be treated as if they had checked the box for Single or
Married filing separately in Step 1(c) and made no entries
in Step 2, Step 3, or Step 4 of the 2020 Form W-4. How-
ever, an employee who was paid wages in 2019 and who
failed to furnish a Form W-4 should continue to be treated
as single and claiming zero allowances on a 2019 Form
W-4.
Form in Spanish. You can provide Formulario
W-4(SP) in place of Form W-4 to your Spanish-speaking
employees. For more information, see Pub. 17(SP). The
rules discussed in this section that apply to Form W-4 also
apply to Formulario W-4(SP).
Electronic system to receive Form W-4. You may
establish a system to electronically receive Forms W-4
from your employees. See Regulations section 31.3402(f)
(5)-1(c) for more information.
Effective date of Form W-4. A Form W-4 for 2019 or
earlier years remains in effect for 2020 until the employee
gives you a 2020 Form W-4. When you receive a new
Form W-4 from an employee, don't adjust withholding for
pay periods before the effective date of the new form. If an
employee gives you a Form W-4 that replaces an existing
Form W-4, begin withholding no later than the start of the
first payroll period ending on or after the 30th day from the
date when you received the replacement Form W-4. ForTIP
Publication 15 (2020) Page 21
exceptions, see Exemption from federal income tax with-
holding, IRS review of requested Forms W-4, and Invalid
Forms W-4, later in this section.
A Form W-4 that makes a change for the next cal-
endar year won't take effect in the current calen-
dar year.
Successor employer. If you’re a successor employer
(see Successor employer, later in this section), secure
new Forms W-4 from the transferred employees unless
the “Alternative Procedure” in section 5 of Revenue Pro-
cedure 2004-53 applies. See Revenue Procedure
2004-53, 2004-34 I.R.B. 320, available at IRS.gov/irb/
2004-34_IRB#RP-2004-53.
Completing Form W-4. The amount of any federal
income tax withholding must be based on filing status, in-
come (including income from other jobs), deductions, and
credits. Your employees may not base their withholding
amounts on a fixed dollar amount or percentage. How-
ever, an employee may specify a dollar amount to be with-
held each pay period in addition to the amount of with-
holding based on filing status and other information
reported on Form W-4.
Employees that are married filing jointly and have spou-
ses that also currently work, or employees that hold more
than one job at the same time, should account for their
higher tax rate by completing Step 2 of their 2020 Form
W-4. Employees also have the option to report on their
2020 Form W-4 other income they will receive that isn't
subject to withholding and other deductions they will claim
in order to increase the accuracy of their federal income
tax withholding.
See Pub. 505 for more information about completing
Form W-4. Along with Form W-4, you may wish to order
Pub. 505 for use by your employees.
Don't accept any withholding or estimated tax pay-
ments from your employees in addition to withholding
based on their Form W-4. If they require additional with-
holding, they should submit a new Form W-4 and, if nec-
essary, pay estimated tax by filing Form 1040-ES or by
using EFTPS to make estimated tax payments. Employ-
ees who receive tips may provide funds to their employer
for withholding on tips; see Collecting taxes on tips in sec-
tion 6.
Exemption from federal income tax withholding.
Generally, an employee may claim exemption from fed-
eral income tax withholding because he or she had no in-
come tax liability last year and expects none this year.
See the Form W-4 instructions for more information. How-
ever, the wages are still subject to social security and
Medicare taxes. See also Invalid Forms W-4, later in this
section.
A Form W-4 claiming exemption from withholding is ef-
fective when it is given to the employer and only for that
calendar year. To continue to be exempt from withholding,
an employee must give you a new Form W-4 by February
15. If the employee doesn't give you a new Form W-4 by
February 15, begin withholding as if he or she had
checked the box for Single or Married filing separately inCAUTION
!
Step 1(c) and made no entries in Step 2, Step 3, or Step 4
of the 2020 Form W-4. If the employee provides a new
Form W-4 claiming exemption from withholding on Febru-
ary 16 or later, you may apply it to future wages but don't
refund any taxes withheld while the exempt status wasn’t
in place.
Withholding income taxes on the wages of nonresi-
dent alien employees. In general, you must withhold
federal income taxes on the wages of nonresident alien
employees. However, see Pub. 515 for exceptions to this
general rule. Also see section 3 of Pub. 51 for guidance
on H-2A visa workers.
Withholding adjustment for nonresident alien em-
ployees. You must add an amount to the wages of non-
resident alien employees performing services within the
United States in order to figure the amount of federal in-
come tax to withhold from their wages. The amount is
added to their wages solely for calculating federal income
tax withholding. The amount isn’t included in any box on
the employee's Form W-2 and doesn’t increase the in-
come tax liability of the employee. The amount also
doesn't increase the social security tax or Medicare tax li-
ability of the employer or the employee, or the FUTA tax
liability of the employer. See Withholding Adjustment for
Nonresident Alien Employees in section 1 of Pub. 15-T for
the amount to add to their wages for the payroll period.
Supplemental wage payment. The adjustment for
determining the amount of income tax withholding for non-
resident alien employees doesn't apply to a supplemental
wage payment (see section 7) if the 37% mandatory flat
rate withholding applies or if the 22% optional flat rate
withholding is being used to calculate income tax with-
holding on the supplemental wage payment.
Nonresident alien employee's Form W-4. When com-
pleting Forms W-4, nonresident aliens are required to:
• Not claim exemption from income tax withholding;
• Request withholding as if they’re single, regardless of
their actual filing status;
• Not claim the child tax credit or credit for other de-
pendents in Step 3 of Form W-4 (if the nonresident
alien is a resident of Canada, Mexico, or South Korea,
or a student from India, or a business apprentice from
India, he or she may claim, under certain circumstan-
ces (see Notice 1392), the child tax credit or credit for
other dependents); and
• Write “Nonresident Alien” or “NRA” in the space below
Step 4(c) of Form W-4.
If you maintain an electronic Form W-4 system, you
should provide a field for nonresident aliens to enter non-
resident alien status instead of writing “Nonresident Alien”
or “NRA” in the space below Step 4(c) of Form W-4. You
should instruct nonresident aliens to see Notice 1392,
Supplemental Form W-4 Instructions for Nonresident Ali-
ens, before completing Form W-4.
Form 8233. If a nonresident alien employee claims a
tax treaty exemption from withholding, the employee must
Page 22 Publication 15 (2020)
submit Form 8233 with respect to the income exempt un-
der the treaty, instead of Form W-4. For more information,
see Pay for Personal Services Performed in the Withhold-
ing on Specific Income section of Pub. 515 and the In-
structions for Form 8233.
IRS review of requested Forms W-4. When requested
by the IRS, you must make original Forms W-4 available
for inspection by an IRS employee. You may also be di-
rected to send certain Forms W-4 to the IRS. You may re-
ceive a notice from the IRS requiring you to submit a copy
of Form W-4 for one or more of your named employees.
Send the requested copy or copies of Form W-4 to the
IRS at the address provided and in the manner directed
by the notice. The IRS may also require you to submit
copies of Form W-4 to the IRS as directed by a revenue
procedure or notice published in the Internal Revenue
Bulletin. When we refer to Form W-4, the same rules ap-
ply to Formulario W-4(SP), its Spanish translation.
After submitting a copy of a requested Form W-4 to the
IRS, continue to withhold federal income tax based on
that Form W-4 if it is valid (see Invalid Forms W-4, later in
this section). However, if the IRS later notifies you in writ-
ing that the employee isn't entitled to claim exemption
from withholding or a claimed amount of deductions or
credits, withhold federal income tax based on the effective
date, employee's permitted filing status, and withholding
instructions specified in the IRS notice (commonly refer-
red to as a “lock-in letter”).
Initial lock-in letter. The IRS uses information repor-
ted on Form W-2 to identify employees with withholding
compliance problems. In some cases, if a serious under-
withholding problem is found to exist for a particular em-
ployee, the IRS may issue a lock-in letter to the employer
specifying the employee's permitted filing status and pro-
viding withholding instructions for the specific employee.
You’ll also receive a copy for the employee that identifies
the permitted filing status and provides a description of
the withholding instructions you’re required to follow and
the process by which the employee can provide additional
information to the IRS for purposes of determining the ap-
propriate withholding and/or modifying the specified filing
status. You must furnish the employee copy to the em-
ployee within 10 business days of receipt if the employee
is employed by you as of the date of the notice. You may
follow any reasonable business practice to furnish the em-
ployee copy to the employee. Begin withholding based on
the notice on the date specified in the notice.
Implementation of lock-in letter. When you receive
the notice specifying the permitted filing status and provid-
ing withholding instructions, you may not withhold immedi-
ately on the basis of the notice. You must begin withhold-
ing tax on the basis of the notice for any wages paid after
the date specified in the notice. The delay between your
receipt of the notice and the date to begin the withholding
on the basis of the notice permits the employee time to
contact the IRS.
Seasonal employees and employees not currently
performing services. If you receive a notice for an em-
ployee who isn't currently performing services for you,
you’re still required to furnish the employee copy to the
employee and withhold based on the notice if any of the
following apply.
• You’re paying wages for the employee's prior services
and the wages are subject to income tax withholding
on or after the date specified in the notice.
• You reasonably expect the employee to resume serv-
ices within 12 months of the date of the notice.
• The employee is on a leave of absence that doesn't
exceed 12 months or the employee has a right to re-
employment after the leave of absence.
Termination and rehire of employees. If you must
furnish and withhold based on the notice and the employ-
ment relationship is terminated after the date of the notice,
you must continue to withhold based on the notice if you
continue to pay any wages subject to income tax withhold-
ing. You must also withhold based on the notice or modifi-
cation notice (explained next) if the employee resumes
the employment relationship with you within 12 months af-
ter the termination of the employment relationship.
Modification notice. After issuing the notice specify-
ing the permitted filing status and providing withholding in-
structions, the IRS may issue a subsequent notice (modifi-
cation notice) that modifies the original notice. The
modification notice may change the permitted filing status
and withholding instructions. You must withhold federal in-
come tax based on the effective date specified in the
modification notice.
New Form W-4 after IRS notice. After the IRS is-
sues a notice or modification notice, if the employee pro-
vides you with a new Form W-4 claiming complete ex-
emption from withholding or a completed Form W-4 that
results in less withholding than would result under the IRS
notice or modification notice, disregard the new Form
W-4. You must withhold based on the notice or modifica-
tion notice unless the IRS notifies you to withhold based
on the new Form W-4. If the employee wants to put a new
Form W-4 into effect that results in less withholding than
required, the employee must contact the IRS.
If, after you receive an IRS notice or modification no-
tice, your employee gives you a new completed Form W-4
that results in more withholding than would result under
the notice or modification notice, you must withhold tax
based on the new Form W-4. Otherwise, disregard any
subsequent Forms W-4 provided by the employee and
withhold based on the IRS notice or modification notice.
If, in a year before 2020, you received a lock-in
letter for an employee, then for 2020 you should
continue to follow the instructions in the lock-in
letter. You will use the withholding methods described in
Pub. 15-T for an employee with a Form W-4 from 2019 or
earlier. You should continue following the instructions in
the pre-2020 lock-in letter until you receive a letter releas-
ing your employee from the lock-in procedures, you re-
ceive a modification notice, or your employee gives you a
new Form W-4 that results in more withholding than would
result under the notice.CAUTION
!
Publication 15 (2020) Page 23
For additional information about employer withholding
compliance, see IRS.gov/WHC.
Substitute Forms W-4. You’re encouraged to have your
employees use the official version of Form W-4. You may
use a substitute version of Form W-4 to meet your busi-
ness needs. However, your substitute Form W-4 must
contain language that is identical to the official Form W-4
and your form must meet all current IRS rules for substi-
tute forms. At the time you provide your substitute form to
the employee, you must provide him or her with all tables,
instructions, and worksheets from the current Form W-4.
You can't accept substitute Forms W-4 developed by
employees. An employee who submits an employee-de-
veloped substitute Form W-4 after October 10, 2007, will
be treated as failing to furnish a Form W-4. However, con-
tinue to honor any valid employee-developed Forms W-4
you accepted before October 11, 2007.
Invalid Forms W-4. Any unauthorized change or addi-
tion to Form W-4 makes it invalid. This includes taking out
any language by which the employee certifies the form is
correct. A Form W-4 is also invalid if, by the date an em-
ployee gives it to you, he or she clearly indicates it is false.
An employee who submits a false Form W-4 may be sub-
ject to a $500 penalty. You may treat a Form W-4 as inva-
lid if the employee wrote “exempt” below Step 4(c) and
checked the box in Step 2(c) or entered numbers for
Steps 3 and 4.
When you get an invalid Form W-4, don't use it to figure
federal income tax withholding. Tell the employee it is in-
valid and ask for another one. If the employee doesn't give
you a valid one, then how you will treat the employee de-
pends on when you first paid wages to the employee. An
employee who was paid wages in 2019 should be treated
as single and claiming zero allowances on a 2019 Form
W-4. However, if you have an earlier Form W-4 for this
employee that is valid, withhold as you did before. An em-
ployee who is first paid wages in 2020, including an em-
ployee who previously worked for you and was rehired in
2020, should be treated as if the employee had checked
the box for Single or Married filing separately in Step 1(c)
and made no entries in Step 2, Step 3, or Step 4 of the
2020 Form W-4.
Amounts exempt from levy on wages, salary, and
other income. If you receive a Notice of Levy on Wages,
Salary, and Other Income (Forms 668-W(ACS), 668-W(c)
(DO), or 668-W(ICS)), you must withhold amounts as de-
scribed in the instructions for these forms. Pub. 1494 has
tables to figure the amount exempt from levy. If a levy is-
sued in a prior year is still in effect and the taxpayer sub-
mits a new Statement of Exemptions and Filing Status,
use the current year Pub. 1494 to figure the exempt
amount.
Social Security and Medicare Taxes
The Federal Insurance Contributions Act (FICA) provides
for a federal system of old-age, survivors, disability, and
hospital insurance. The old-age, survivors, and disability
insurance part is financed by the social security tax. The
hospital insurance part is financed by the Medicare tax.
Each of these taxes is reported separately.
Generally, you’re required to withhold social security
and Medicare taxes from your employees' wages and pay
the employer's share of these taxes. Certain types of wa-
ges and compensation aren't subject to social security
and Medicare taxes. See section 5 and section 15 for de-
tails. Generally, employee wages are subject to social se-
curity and Medicare taxes regardless of the employee's
age or whether he or she is receiving social security bene-
fits. If the employee reported tips, see section 6.
Tax rates and the social security wage base limit.
Social security and Medicare taxes have different rates
and only the social security tax has a wage base limit. The
wage base limit is the maximum wage subject to the tax
for the year. Determine the amount of withholding for so-
cial security and Medicare taxes by multiplying each pay-
ment by the employee tax rate.
For 2020, the social security tax rate is 6.2% (amount
withheld) each for the employer and employee (12.4% to-
tal). The social security wage base limit is $137,700. The
tax rate for Medicare is 1.45% (amount withheld) each for
the employee and employer (2.9% total). There is no
wage base limit for Medicare tax; all covered wages are
subject to Medicare tax.
Additional Medicare Tax withholding. In addition to
withholding Medicare tax at 1.45%, you must withhold a
0.9% Additional Medicare Tax from wages you pay to an
employee in excess of $200,000 in a calendar year.
You’re required to begin withholding Additional Medicare
Tax in the pay period in which you pay wages in excess of
$200,000 to an employee and continue to withhold it each
pay period until the end of the calendar year. Additional
Medicare Tax is only imposed on the employee. There is
no employer share of Additional Medicare Tax. All wages
that are subject to Medicare tax are subject to Additional
Medicare Tax withholding if paid in excess of the
$200,000 withholding threshold.
For more information on what wages are subject to
Medicare tax, see section 15. For more information on Ad-
ditional Medicare Tax, go to IRS.gov/ADMT.
Successor employer. When corporate acquisitions
meet certain requirements, wages paid by the predeces-
sor are treated as if paid by the successor for purposes of
applying the social security wage base and for applying
the Additional Medicare Tax withholding threshold (that is,
$200,000 in a calendar year). You should determine
whether or not you should file Schedule D (Form 941), Re-
port of Discrepancies Caused by Acquisitions, Statutory
Mergers, or Consolidations, by reviewing the Instructions
for Schedule D (Form 941). See Regulations section
31.3121(a)(1)-1(b) for more information. Also see Reve-
nue Procedure 2004-53, 2004-34 I.R.B. 320, available at
IRS.gov/irb/2004-34_IRB#RP-2004-53.
Example. Early in 2020, you bought all of the assets of
a plumbing business from Mr. Martin. Mr. Brown, who had
been employed by Mr. Martin and received $2,000 in
wages before the date of purchase, continued to work for
Page 24 Publication 15 (2020)
you. The wages you paid to Mr. Brown are subject to so-
cial security taxes on the first $135,700 ($137,700 minus
$2,000). Medicare tax is due on all of the wages you pay
him during the calendar year. You should include the
$2,000 Mr. Brown received while employed by Mr. Martin
in determining whether Mr. Brown's wages exceed the
$200,000 for Additional Medicare Tax withholding thresh-
old.
Motion picture project employers. All wages paid by a
motion picture project employer to a motion picture project
worker during a calendar year are subject to a single so-
cial security tax wage base ($137,700 for 2020) and a sin-
gle FUTA tax wage base ($7,000 for 2020) regardless of
the worker's status as a common law employee of multiple
clients of the motion picture project employer. For more
information, including the definition of a motion picture
project employer and motion picture project worker, see
section 3512.
Withholding social security and Medicare taxes on
nonresident alien employees. In general, if you pay
wages to nonresident alien employees, you must withhold
social security and Medicare taxes as you would for a
U.S. citizen or resident alien. However, see Pub. 515 for
exceptions to this general rule.
International social security agreements. The United
States has social security agreements, also known as to-
talization agreements, with many countries that eliminate
dual taxation and dual coverage. Compensation subject to
social security and Medicare taxes may be exempt under
one of these agreements. You can get more information
and a list of agreement countries from the SSA at
SSA.gov/international. Also see Pub. 519, U.S. Tax Guide
for Aliens.
Religious exemption. An exemption from social secur-
ity and Medicare taxes is available to members of a recog-
nized religious sect opposed to insurance. This exemption
is available only if both the employee and the employer
are members of the sect. For more information, see Pub.
517.
Foreign persons treated as American employers.
Under section 3121(z), a foreign person who meets both
of the following conditions is generally treated as an
American employer for purposes of paying FICA taxes on
wages paid to an employee who is a U.S. citizen or resi-
dent.
1. The foreign person is a member of a domestically
controlled group of entities.
2. The employee of the foreign person performs serv-
ices in connection with a contract between the U.S.
Government (or an instrumentality of the U.S. Govern-
ment) and any member of the domestically controlled
group of entities. Ownership of more than 50% consti-
tutes control.
Part-Time Workers
Part-time workers and workers hired for short periods of
time are treated the same as full-time employees for fed-
eral income tax withholding and social security, Medicare,
and FUTA tax purposes.
Generally, it doesn't matter whether the part-time
worker or worker hired for a short period of time has an-
other job or has the maximum amount of social security
tax withheld by another employer. See Successor em-
ployer, earlier, for an exception to this rule.
Income tax withholding may be figured the same way
as for full-time workers or it may be figured by the
part-year employment method explained in section 6 of
Pub. 15-T.
10. Required Notice to
Employees About the Earned
Income Credit (EIC)
You must notify employees who have no federal income
tax withheld that they may be able to claim a tax refund
because of the EIC. Although you don't have to notify em-
ployees who claim exemption from withholding on Form
W-4 about the EIC, you’re encouraged to notify any em-
ployees whose wages for 2019 were less than $50,162
($55,952 if married filing jointly) that they may be eligible
to claim the credit for 2019. This is because eligible em-
ployees may get a refund of the amount of the EIC that is
more than the tax they owe.
You’ll meet this notification requirement if you issue the
employee Form W-2 with the EIC notice on the back of
Copy B, or a substitute Form W-2 with the same state-
ment. You’ll also meet the requirement by providing No-
tice 797, Possible Federal Tax Refund Due to the Earned
Income Credit (EIC), or your own statement that contains
the same wording.
If a substitute for Form W-2 is given to the employee on
time but doesn't have the required statement, you must
notify the employee within 1 week of the date the substi-
tute for Form W-2 is given. If Form W-2 is required but isn't
given on time, you must give the employee Notice 797 or
your written statement by the date Form W-2 is required to
be given. If Form W-2 isn't required, you must notify the
employee by February 7, 2020.
11. Depositing Taxes
Generally, you must deposit federal income tax withheld
and both the employer and employee social security and
Medicare taxes. You must use EFT to make all federal tax
deposits. See How To Deposit, later in this section, for in-
formation on electronic deposit requirements.
Publication 15 (2020) Page 25
The credit against employment taxes for COBRA
assistance payments is treated as a deposit of
taxes on the first day of your return period. See
COBRA premium assistance credit under Introduction,
earlier, for more information.
Payment with return. You may make a payment with a
timely filed Form 941 or Form 944 instead of depositing,
without incurring a penalty, if one of the following applies.
• You’re a monthly schedule depositor (defined later)
and make a payment in accordance with the Accuracy
of Deposits Rule, discussed later in this section. This
payment may be $2,500 or more.
• Your Form 941 total tax liability for either the current
quarter or the prior quarter is less than $2,500, and
you didn't incur a $100,000 next-day deposit obliga-
tion during the current quarter. If you aren't sure your
total tax liability for the current quarter will be less than
$2,500 (and your liability for the prior quarter wasn't
less than $2,500), make deposits using the semi-
weekly or monthly rules so you won't be subject to an
FTD penalty.
• Your Form 944 net tax liability for the year is less than
$2,500.
• Your Form 944 net tax liability for the year is $2,500 or
more and you already deposited the taxes you owed
for the first, second, and third quarters of the year;
your net tax for the fourth quarter is less than $2,500;
and you're paying, in full, the tax you owe for the fourth
quarter with a timely filed return.
Separate deposit requirements for nonpayroll (Form
945) tax liabilities. Separate deposits are required for
nonpayroll and payroll income tax withholding. Don't com-
bine deposits for Forms 941 (or Form 944) and Form 945
tax liabilities. Generally, the deposit rules for nonpayroll li-
abilities are the same as discussed next, except the rules
apply to an annual rather than a quarterly return period. If
the total amount of tax for the year reported on Form 945
is less than $2,500, you're not required to make deposits
during the year. See the separate Instructions for Form
945 for more information.
When To Deposit
There are two deposit schedules—monthly and semi-
weekly—for determining when you deposit social security,
Medicare, and withheld federal income taxes. These
schedules tell you when a deposit is due after a tax liability
arises. Your tax liability is based on the dates payments
were made or wages were paid. For taxable noncash
fringe benefits, see When taxable fringe benefits are trea-
ted as paid in section 5. Before the beginning of each cal-
endar year, you must determine which of the two deposit
schedules you’re required to use. The deposit schedule
you must use is based on the total tax liability you repor-
ted on Form 941 during a lookback period, discussed
next. Your deposit schedule isn't determined by how often
you pay your employees or make deposits. See specialTIP
rules for Forms 944 and 945, later. Also see Application of
Monthly and Semiweekly Schedules, later in this section.
These rules don't apply to FUTA tax. See section
14 for information on depositing FUTA tax.
Lookback period. If you’re a Form 941 filer, your de-
posit schedule for a calendar year is determined from the
total taxes reported on Forms 941, line 12, in a 4-quarter
lookback period. The lookback period begins July 1 and
ends June 30 as shown next in Table 1. If you reported
$50,000 or less of taxes for the lookback period, you’re a
monthly schedule depositor; if you reported more than
$50,000, you’re a semiweekly schedule depositor.
Table 1. Lookback Period for Calendar Year
2020
July 1, 2018, Oct. 1, 2018, Jan. 1, 2019, Apr. 1, 2019,
through through through through
Sept. 30, 2018 Dec. 31, 2018 Mar. 31, 2019 June 30, 2019
The lookback period for a 2020 Form 941 filer
who filed Form 944 in either 2018 or 2019 is cal-
endar year 2018.
If you’re a Form 944 filer for the current year or either of
the preceding 2 years, your deposit schedule for a calen-
dar year is determined from the total taxes reported during
the second preceding calendar year (either on your Form
941 for all 4 quarters of that year or your Form 944 for that
year). The lookback period for 2020 for a Form 944 filer is
calendar year 2018. If you reported $50,000 or less of
taxes for the lookback period, you’re a monthly schedule
depositor; if you reported more than $50,000, you’re a
semiweekly schedule depositor.
If you’re a Form 945 filer, your deposit schedule for a
calendar year is determined from the total taxes reported
on line 3 of your Form 945 for the second preceding cal-
endar year. The lookback period for 2020 for a Form 945
filer is calendar year 2018.
Adjustments and the lookback rule. Adjustments
made on Form 941-X, Form 944-X, and Form 945-X don't
affect the amount of tax liability for previous periods for
purposes of the lookback rule.
Example. An employer originally reported a tax liabil-
ity of $45,000 for the lookback period. The employer dis-
covered, during January 2020, that the tax reported for
one of the lookback period quarters was understated by
$10,000 and corrected this error by filing Form 941-X.
This employer is a monthly schedule depositor for 2020
because the lookback period tax liabilities are based on
the amounts originally reported, and they were $50,000 or
less. The $10,000 adjustment is also not treated as part of
the 2020 taxes.
Deposit period. The term “deposit period” refers to the
period during which tax liabilities are accumulated for
each required deposit due date. For monthly schedule de-
positors, the deposit period is a calendar month. The de-
posit periods for semiweekly schedule depositors areCAUTION
!CAUTION
!
Page 26 Publication 15 (2020)
Wednesday through Friday and Saturday through Tues-
day.
If you're an agent with an approved Form 2678,
the deposit rules apply to you based on the total
employment taxes accumulated by you for your
own employees and on behalf of all employers for whom
you're authorized to act. For more information on an agent
with an approved Form 2678, see Revenue Procedure
2013-39, 2013-52 I.R.B. 830, available at IRS.gov/irb/
2013-52_IRB#RP-2013-39.
Monthly Deposit Schedule
You’re a monthly schedule depositor for a calendar year if
the total taxes on Form 941, line 12, for the 4 quarters in
your lookback period were $50,000 or less. Under the
monthly deposit schedule, deposit employment taxes on
payments made during a month by the 15th day of the fol-
lowing month. See also Deposits Due on Business Days
Only and the $100,000 Next-Day Deposit Rule, later in
this section. Monthly schedule depositors shouldn't file
Form 941 or Form 944 on a monthly basis.
New employers. Your tax liability for any quarter in the
lookback period before you started or acquired your busi-
ness is considered to be zero. Therefore, you’re a monthly
schedule depositor for the first calendar year of your busi-
ness. However, see the $100,000 Next-Day Deposit Rule,
later in this section.
Semiweekly Deposit Schedule
You’re a semiweekly schedule depositor for a calendar
year if the total taxes on Form 941, line 12, during your
lookback period were more than $50,000. Under the semi-
weekly deposit schedule, deposit employment taxes for
payments made on Wednesday, Thursday, and/or Friday
by the following Wednesday. Deposit taxes for payments
made on Saturday, Sunday, Monday, and/or Tuesday by
the following Friday. See also Deposits Due on Business
Days Only, later in this section.
Semiweekly schedule depositors must complete
Schedule B (Form 941), Report of Tax Liability for
Semiweekly Schedule Depositors, and submit it
with Form 941. If you file Form 944 or Form 945 and are a
semiweekly schedule depositor, complete Form 945-A,
Annual Record of Federal Tax Liability, and submit it with
your return (instead of Schedule B).
Table 2. Semiweekly Deposit Schedule
IF the payday falls on a . . . THEN deposit taxes by the
following . . .
Wednesday, Thursday, and/or
Friday
Wednesday.
Saturday, Sunday, Monday,
and/or Tuesday
Friday.TIPCAUTION
!
Semiweekly deposit period spanning two quarters
(Form 941 filers). If you have more than one pay date
during a semiweekly period and the pay dates fall in differ-
ent calendar quarters, you’ll need to make separate de-
posits for the separate liabilities.
Example. If you have a pay date on Wednesday,
September 30, 2020 (third quarter), and another pay date
on Thursday, October 1, 2020 (fourth quarter), two sepa-
rate deposits would be required even though the pay
dates fall within the same semiweekly period. Both depos-
its would be due Wednesday, October 7, 2020.
Semiweekly deposit period spanning two return peri-
ods (Form 944 or Form 945 filers). The period covered
by a return is the return period. The return period for an-
nual Forms 944 and 945 is a calendar year. If you have
more than one pay date during a semiweekly period and
the pay dates fall in different return periods, you'll need to
make separate deposits for the separate liabilities. For ex-
ample, if you have a pay date on Wednesday, December
30, 2020, and another pay date on Friday, January 1,
2021, two separate deposits will be required even though
the pay dates fall within the same semiweekly period.
Both deposits will be due Wednesday, January 6, 2021 (3
business days from the end of the semiweekly deposit pe-
riod).
Summary of Steps to Determine Your Deposit Schedule
1. Identify your lookback period (see Lookback period, earlier in
this section).
2. Add the total taxes you reported on Form 941, line 12, during
the lookback period.
3. Determine if you’re a monthly or semiweekly schedule
depositor:
IF the total taxes you
reported in the lookback
period were . . . . . . . . . . .
THEN you’re a . . . . . . . . .
$50,000 or less monthly schedule depositor.
more than $50,000 semiweekly schedule
depositor.
Example of Monthly and Semiweekly
Schedules
Rose Co. reported Form 941 taxes as follows:
2019 Lookback Period 2020 Lookback Period
3rd Quarter 2017 $12,000 3rd Quarter 2018 $12,000
4th Quarter 2017 12,000 4th Quarter 2018 12,000
1st Quarter 2018 12,000 1st Quarter 2019 12,000
2nd Quarter 2018 12,000 2nd Quarter 2019 15,000
$48,000 $51,000
Rose Co. is a monthly schedule depositor for 2019 be-
cause its tax liability for the 4 quarters in its lookback pe-
riod (third quarter 2017 through second quarter 2018)
wasn't more than $50,000. However, for 2020, Rose Co.
is a semiweekly schedule depositor because the total
Publication 15 (2020) Page 27
taxes exceeded $50,000 for the 4 quarters in its lookback
period (third quarter 2018 through second quarter 2019).
Deposits Due on Business Days Only
If a deposit is required to be made on a day that isn't a
business day, the deposit is considered timely if it is made
by the close of the next business day. A business day is
any day other than a Saturday, Sunday, or legal holiday.
For example, if a deposit is required to be made on a Fri-
day and Friday is a legal holiday, the deposit will be con-
sidered timely if it is made by the following Monday (if that
Monday is a business day).
Semiweekly schedule depositors have at least 3
business days following the close of the semiweekly pe-
riod to make a deposit. If any of the 3 weekdays after the
end of a semiweekly period is a legal holiday, you’ll have
an additional day for each day that is a legal holiday to
make the required deposit. For example, if a semiweekly
schedule depositor accumulated taxes for payments
made on Friday and the following Monday is a legal holi-
day, the deposit normally due on Wednesday may be
made on Thursday (this allows 3 business days to make
the deposit).
Legal holiday. The term “legal holiday” means any legal
holiday in the District of Columbia. For purposes of the de-
posit rules, the term “legal holiday” doesn't include other
statewide legal holidays. Legal holidays for 2020 are listed
next.
• January 1—New Year's Day
• January 20—Birthday of Martin Luther King, Jr.
• February 17—Washington's Birthday
• April 16—District of Columbia Emancipation Day
• May 25—Memorial Day
• July 3—Independence Day (observed)
• September 7—Labor Day
• October 12—Columbus Day
• November 11—Veterans Day
• November 26—Thanksgiving Day
• December 25—Christmas Day
Application of Monthly and Semiweekly
Schedules
The terms “monthly schedule depositor” and “semiweekly
schedule depositor” don't refer to how often your business
pays its employees or even how often you’re required to
make deposits. The terms identify which set of deposit
rules you must follow when an employment tax liability ari-
ses. The deposit rules are based on the dates when wa-
ges are paid (cash basis), not on when tax liabilities are
accrued for accounting purposes.
Monthly schedule example. Spruce Co. is a monthly
schedule depositor with seasonal employees. It paid wa-
ges each Friday during May but didn't pay any wages dur-
ing June. Under the monthly deposit schedule, Spruce
Co. must deposit the combined tax liabilities for the May
paydays by June 15. Spruce Co. doesn't have a deposit
requirement for June (due by July 15) because no wages
were paid and, therefore, it didn't have a tax liability for
June.
Semiweekly schedule example. Green, Inc., is a semi-
weekly schedule depositor and pays wages once each
month on the last Friday of the month. Although Green,
Inc., has a semiweekly deposit schedule, it will deposit
just once a month because it pays wages only once a
month. The deposit, however, will be made under the
semiweekly deposit schedule as follows: Green, Inc.'s tax
liability for the April 24, 2020 (Friday), payday must be de-
posited by April 29, 2020 (Wednesday). Under the semi-
weekly deposit schedule, liabilities for wages paid on
Wednesday through Friday must be deposited by the fol-
lowing Wednesday.
$100,000 Next-Day Deposit Rule
If you accumulate $100,000 or more in taxes on any day
during a monthly or semiweekly deposit period (see De-
posit period, earlier in this section), you must deposit the
tax by the next business day, whether you’re a monthly or
semiweekly schedule depositor.
For purposes of the $100,000 rule, don't continue accu-
mulating a tax liability after the end of a deposit period.
For example, if a semiweekly schedule depositor has ac-
cumulated a liability of $95,000 on a Tuesday (of a Satur-
day-through-Tuesday deposit period) and accumulated a
$10,000 liability on Wednesday, the $100,000 next-day
deposit rule doesn't apply because the $10,000 is accu-
mulated in the next deposit period. Thus, $95,000 must be
deposited by Friday and $10,000 must be deposited by
the following Wednesday.
However, once you accumulate at least $100,000 in a
deposit period, stop accumulating at the end of that day
and begin to accumulate anew on the next day. For exam-
ple, Fir Co. is a semiweekly schedule depositor. On Mon-
day, Fir Co. accumulates taxes of $110,000 and must de-
posit this amount on Tuesday, the next business day. On
Tuesday, Fir Co. accumulates additional taxes of
$30,000. Because the $30,000 isn't added to the previous
$110,000 and is less than $100,000, Fir Co. must deposit
the $30,000 by Friday (following the semiweekly deposit
schedule).
If you’re a monthly schedule depositor and accu-
mulate a $100,000 tax liability on any day during
the deposit period, you become a semiweekly
schedule depositor on the next day and remain so for at
least the rest of the calendar year and for the following
calendar year.
Example. Elm, Inc., started its business on May 4,
2020. On Wednesday, May 6, it paid wages for the first
time and accumulated a tax liability of $40,000. On Friday,CAUTION
!
Page 28 Publication 15 (2020)
May 8, Elm, Inc., paid wages and accumulated a liability
of $60,000, bringing its total accumulated tax liability to
$100,000. Because this was the first year of its business,
the tax liability for its lookback period is considered to be
zero, and it would be a monthly schedule depositor based
on the lookback rules. However, since Elm, Inc., accumu-
lated a $100,000 liability on May 8, it became a semi-
weekly schedule depositor on May 9. It will be a semi-
weekly schedule depositor for the remainder of 2020 and
for 2021. Elm, Inc., is required to deposit the $100,000 by
Monday, May 11, the next business day.
Accuracy of Deposits Rule
You’re required to deposit 100% of your tax liability on or
before the deposit due date. However, penalties won't be
applied for depositing less than 100% if both of the follow-
ing conditions are met.
• Any deposit shortfall doesn't exceed the greater of
$100 or 2% of the amount of taxes otherwise required
to be deposited.
• The deposit shortfall is paid or deposited by the short-
fall makeup date as described next.
Makeup Date for Deposit Shortfall:
1. Monthly schedule depositor. Deposit the shortfall
or pay it with your return by the due date of your return
for the return period in which the shortfall occurred.
You may pay the shortfall with your return even if the
amount is $2,500 or more.
2. Semiweekly schedule depositor. Deposit by the
earlier of:
a. The first Wednesday or Friday (whichever comes
first) that falls on or after the 15th day of the month
following the month in which the shortfall occur-
red, or
b. The due date of your return (for the return period
of the tax liability).
For example, if a semiweekly schedule depositor has a
deposit shortfall during June 2020, the shortfall makeup
date is July 15, 2020 (Wednesday). However, if the short-
fall occurred on the required April 1, 2020 (Wednesday),
deposit due date for a March 27, 2020 (Friday), pay date,
the return due date for the March 27, 2020, pay date (April
30, 2020) would come before the May 15, 2020 (Friday),
shortfall makeup date. In this case, the shortfall must be
deposited by April 30, 2020.
How To Deposit
You must deposit employment taxes, including Form 945
taxes, by EFT. See Payment with return, earlier in this
section, for exceptions explaining when taxes may be
paid with the tax return instead of being deposited.
Electronic deposit requirement. You must use EFT to
make all federal tax deposits. Generally, an EFT is made
using EFTPS. If you don't want to use EFTPS, you can ar-
range for your tax professional, financial institution, payroll
service, or other trusted third party to make electronic de-
posits on your behalf. EFTPS is a free service provided by
the Department of the Treasury. To get more information
about EFTPS or to enroll in EFTPS, visit EFTPS.gov, or
call 800-555-4477 or 800-733-4829 (TDD). Additional in-
formation about EFTPS is also available in Pub. 966.
When you receive your EIN. If you’re a new em-
ployer that indicated a federal tax obligation when re-
questing an EIN, you’ll be pre-enrolled in EFTPS. You’ll
receive information about Express Enrollment in your Em-
ployer Identification Number (EIN) Package and an addi-
tional mailing containing your EFTPS personal identifica-
tion number (PIN) and instructions for activating your PIN.
Call the toll-free number located in your “How to Activate
Your Enrollment” brochure to activate your enrollment and
begin making your payroll tax deposits. If you outsource
any of your payroll and related tax duties to a third-party
payer, such as a payroll service provider (PSP) or report-
ing agent, be sure to tell them about your EFTPS enroll-
ment.
Deposit record. For your records, an EFT Trace
Number will be provided with each successful payment.
The number can be used as a receipt or to trace the pay-
ment.
Depositing on time. For deposits made by EFTPS to
be on time, you must submit the deposit by 8 p.m. Eastern
time the day before the date the deposit is due. If you use
a third party to make a deposit on your behalf, they may
have different cutoff times.
Same-day wire payment option. If you fail to submit
a deposit transaction on EFTPS by 8 p.m. Eastern time
the day before the date a deposit is due, you can still
make your deposit on time by using the Federal Tax Col-
lection Service (FTCS) to make a same-day wire pay-
ment. To use the same-day wire payment method, you’ll
need to make arrangements with your financial institution
ahead of time. Please check with your financial institution
regarding availability, deadlines, and costs. Your financial
institution may charge you a fee for payments made this
way. To learn more about the information you’ll need to
give to your financial institution to make a same-day wire
payment, go to IRS.gov/SameDayWire.
How to claim credit for overpayments. If you depos-
ited more than the right amount of taxes for a quarter, you
can choose on Form 941 for that quarter (or on Form 944
for that year) to have the overpayment refunded or applied
as a credit to your next return. Don't ask EFTPS to request
a refund from the IRS for you.
Deposit Penalties
Although the deposit penalties information provi-
ded next refers specifically to Form 941, these
rules also apply to Form 945 and Form 944. The
penalties won't apply if the employer qualifies for the ex-
ceptions to the deposit requirements discussed under
Payment with return, earlier in this section).TIP
Publication 15 (2020) Page 29
Penalties may apply if you don't make required deposits
on time or if you make deposits for less than the required
amount. The penalties don't apply if any failure to make a
proper and timely deposit was due to reasonable cause
and not to willful neglect. If you receive a penalty notice,
you can provide an explanation of why you believe rea-
sonable cause exists.
If you timely filed your employment tax return, the IRS
may also waive deposit penalties if you inadvertently
failed to deposit and it was the first quarter that you were
required to deposit any employment tax, or if you inadver-
tently failed to deposit the first time after your deposit fre-
quency changed. You must also meet the net worth and
size limitations applicable to awards of administrative and
litigation costs under section 7430; for individuals, this
means that your net worth can't exceed $2 million, and for
businesses, your net worth can't exceed $7 million and
you also can't have more than 500 employees.
The IRS may also waive the deposit penalty the first
time you're required to make a deposit if you inadvertently
send the payment to the IRS rather than deposit it by EFT.
For amounts not properly or timely deposited, the pen-
alty rates are as follows.
Penalty Charged for...
2% Deposits made 1 to 5 days late.
5% Deposits made 6 to 15 days late.
10% Deposits made 16 or more days late, but before 10 days from
the date of the first notice the IRS sent asking for the tax due.
10% Amounts that should have been deposited, but instead were
paid directly to the IRS, or paid with your tax return. But see
Payment with return, earlier in this section, for exceptions.
15% Amounts still unpaid more than 10 days after the date of the
first notice the IRS sent asking for the tax due or the day on
which you received notice and demand for immediate
payment, whichever is earlier.
Late deposit penalty amounts are determined using
calendar days, starting from the due date of the liability.
Special rule for former Form 944 filers. If you filed
Form 944 for the prior year and file Forms 941 for the cur-
rent year, the FTD penalty won't apply to a late deposit of
employment taxes for January of the current year if the
taxes are deposited in full by March 15 of the current year.
Order in which deposits are applied. Deposits gener-
ally are applied to the most recent tax liability within the
quarter. If you receive an FTD penalty notice, you may
designate how your deposits are to be applied in order to
minimize the amount of the penalty if you do so within 90
days of the date of the notice. Follow the instructions on
the penalty notice you received. For more information on
designating deposits, see Revenue Procedure 2001-58.
You can find Revenue Procedure 2001-58 on page 579 of
Internal Revenue Bulletin 2001-50 at IRS.gov/pub/irs-irbs/
irb01-50.pdf.
Example. Cedar, Inc., is required to make a deposit
of $1,000 on May 15 and $1,500 on June 15. It doesn't
make the deposit on May 15. On June 15, Cedar, Inc., de-
posits $2,000. Under the deposits rule, which applies de-
posits to the most recent tax liability, $1,500 of the deposit
is applied to the June 15 deposit and the remaining $500
is applied to the May deposit. Accordingly, $500 of the
May 15 liability remains undeposited. The penalty on this
underdeposit will apply as explained earlier.
Trust fund recovery penalty. If federal income, social
security, or Medicare taxes that must be withheld (that is,
trust fund taxes) aren't withheld or aren't deposited or paid
to the U.S. Treasury, the trust fund recovery penalty may
apply. The penalty is 100% of the unpaid trust fund tax. If
these unpaid taxes can't be immediately collected from
the employer or business, the trust fund recovery penalty
may be imposed on all persons who are determined by
the IRS to be responsible for collecting, accounting for, or
paying over these taxes, and who acted willfully in not do-
ing so.
A responsible person can be an officer or employee
of a corporation, a partner or employee of a partnership,
an accountant, a volunteer director/trustee, or an em-
ployee of a sole proprietorship, or any other person or en-
tity that is responsible for collecting, accounting for, or
paying over trust fund taxes. A responsible person also
may include one who signs checks for the business or
otherwise has authority to cause the spending of business
funds.
Willfully means voluntarily, consciously, and intention-
ally. A responsible person acts willfully if the person
knows the required actions of collecting, accounting for, or
paying over trust fund taxes aren't taking place, or reck-
lessly disregards obvious and known risks to the govern-
ment's right to receive trust fund taxes.
Separate accounting when deposits aren't made or
withheld taxes aren't paid. Separate accounting may
be required if you don't pay over withheld employee social
security, Medicare, or income taxes; deposit required
taxes; make required payments; or file tax returns. In this
case, you would receive written notice from the IRS re-
quiring you to deposit taxes into a special trust account for
the U.S. Government.
You may be charged with criminal penalties if you
don't comply with the special bank deposit re-
quirements for the special trust account for the
U.S. Government.
“Averaged” FTD penalty. The IRS may assess an
"averaged" FTD penalty of 2% to 10% if you’re a monthly
schedule depositor and didn't properly complete Form
941, line 16, when your tax liability shown on Form 941,
line 12, equaled or exceeded $2,500.
The IRS may also assess an "averaged" FTD penalty of
2% to 10% if you’re a semiweekly schedule depositor and
your tax liability shown on Form 941, line 12, equaled or
exceeded $2,500 and you:
• Completed Form 941, line 16, instead of Schedule B
(Form 941);CAUTION
!
Page 30 Publication 15 (2020)
• Failed to attach a properly completed Schedule B
(Form 941); or
• Improperly completed Schedule B (Form 941) by, for
example, entering tax deposits instead of tax liabilities
in the numbered spaces.
The FTD penalty is figured by distributing your total tax
liability shown on Form 941, line 12, equally throughout
the tax period. Then we apply your deposits and pay-
ments to the averaged liabilities in the date order we re-
ceived your deposits. We figure the penalty on any tax not
deposited, deposited late, or not deposited in the correct
amounts. Your deposits and payments may not be coun-
ted as timely because the actual dates of your tax liabili-
ties can't be accurately determined.
You can avoid an "averaged" FTD penalty by reviewing
your return before you file it. Follow these steps before
submitting your Form 941.
• If you’re a monthly schedule depositor, report your tax
liabilities (not your deposits) in the monthly entry
spaces on Form 941, line 16.
• If you’re a semiweekly schedule depositor, report your
tax liabilities (not your deposits) on Schedule B (Form
941) in the lines that represent the dates your employ-
ees were paid.
• Verify your total liability shown on Form 941, line 16,
or the bottom of Schedule B (Form 941) equals your
tax liability shown on Form 941, line 12.
• Don't show negative amounts on Form 941, line 16, or
Schedule B (Form 941).
• For prior period errors, don't adjust your tax liabilities
reported on Form 941, line 16, or on Schedule B
(Form 941). Instead, file an adjusted return (Form
941-X, 944-X, or 945-X) if you’re also adjusting your
tax liability. If you’re only adjusting your deposits in re-
sponse to an FTD penalty notice, see the Instructions
for Schedule B (Form 941) or the Instructions for Form
945-A (for Forms 944 and 945).
In addition to civil penalties, you may be subject
to criminal prosecution (brought to trial) for will-
fully:
• Evading tax;
• Failing to collect or truthfully account for and pay over
tax;
• Failing to file a return, supply information, or pay any
tax due;
• Furnishing a false or fraudulent Form W-2 to employ-
ees or failing to furnish Form W-2;
• Committing fraud and providing false statements;
• Preparing and filing a fraudulent return; or
• Committing identity theft.CAUTION
!
12. Filing Form 941 or Form
Form 941. If you paid wages subject to income tax with-
holding (including withholding on sick pay and supple-
mental unemployment benefits) or social security and
Medicare taxes, you must file Form 941 quarterly even if
you have no taxes to report, unless you filed a final return,
you receive an IRS notification that you’re eligible to file
Form 944, or the exceptions discussed later apply. Also, if
you’re required to file Forms 941 but believe your employ-
ment taxes for the calendar year will be $1,000 or less,
and you would like to file Form 944 instead of Forms 941,
you must contact the IRS during the first calendar quarter
of the tax year to request to file Form 944. You must re-
ceive written notice from the IRS to file Form 944 instead
of Forms 941 before you may file this form. For more infor-
mation on requesting to file Form 944, including the meth-
ods and deadlines for making a request, see the Instruc-
tions for Form 944. Form 941 must be filed by the last day
of the month that follows the end of the quarter. See the
Calendar, earlier.
Form 944. If you receive written notification that you
qualify for the Form 944 program, you must file Form 944
instead of Form 941. You must file Form 944 even if you
have no taxes to report (or you have taxes in excess of
$1,000 to report) unless you filed a final return for the prior
year. If you received notification to file Form 944, but pre-
fer to file Form 941, you can request to have your filing re-
quirement changed to Form 941 during the first calendar
quarter of the tax year. For more information on request-
ing to file Forms 941, including the methods and dead-
lines for making a request, see the Instructions for Form
944. File your 2019 Form 944 by January 31, 2020. How-
ever, if you timely deposited all taxes when due, you may
file by February 10, 2020.
Exceptions. The following exceptions apply to the filing
requirements for Forms 941 and 944.
• Seasonal employers who don't have to file a
Form 941 for quarters when they have no tax lia-
bility because they have paid no wages. To alert
the IRS you won't have to file a return for one or more
quarters during the year, check the “Seasonal em-
ployer” box on Form 941, line 18. When you fill out
Form 941, be sure to check the box on the top of the
form that corresponds to the quarter reported. Gener-
ally, the IRS won't inquire about unfiled returns if at
least one taxable return is filed each year. However,
you must check the “Seasonal employer” box on ev-
ery Form 941 you file. Otherwise, the IRS will expect a
return to be filed for each quarter.
• Household employers reporting social security
and Medicare taxes and/or withheld income tax. If
you file Form 941 or Form 944 for business employ-
ees, you may include taxes for household employees
Publication 15 (2020) Page 31
on your Form 941 or Form 944. Otherwise, report so-
cial security and Medicare taxes and income tax with-
holding for household employees on Schedule H
(Form 1040 or 1040-SR). See Pub. 926 for more infor-
mation.
• Employers reporting wages for employees in
American Samoa, Guam, the Commonwealth of
the Northern Mariana Islands, the U.S. Virgin Is-
lands, or Puerto Rico. If your employees aren't sub-
ject to U.S. income tax withholding, use Forms
941-SS, 944, or Formulario 944(SP). Employers in Pu-
erto Rico use Formularios 941-PR, 944(SP), or Form
944. If you have both employees who are subject to
U.S. income tax withholding and employees who
aren't subject to U.S. income tax withholding, you
must file only Form 941 (or Form 944 or Formulario
944(SP)) and include all of your employees' wages on
that form. For more information, see Pub. 80, Federal
Tax Guide for Employers in U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the
Northern Mariana Islands, or Pub. 179, Guía Contribu-
tiva Federal para Patronos Puertorriqueños.
• Agricultural employers reporting social security,
Medicare, and withheld income taxes. Report
these taxes on Form 943. For more information, see
Pub. 51.
E-file. The IRS e-file program allows a taxpayer to elec-
tronically file Form 941 or Form 944 using a computer with
an Internet connection and commercial tax preparation
software. For more information, go to IRS.gov/
EmploymentEfile, or call 866-255-0654.
Electronic filing by reporting agents. Reporting
agents filing Form 940, 941, or 944 for groups of taxpay-
ers can file them electronically. For details, see Pub.
3112, IRS e-file Application and Participation. For informa-
tion on electronic filing of Forms 940, 941, and 944, see
Revenue Procedure 2007-40, 2007-26 I.R.B. 1488, avail-
able at IRS.gov/irb/2007-26_IRB#RP-2007-40. For infor-
mation on the different types of third-party payer arrange-
ments, see section 16.
Electronic filing by CPEOs. With the exception of the
first quarter for which a CPEO is certified, CPEOs are re-
quired to electronically file Form 941. Under certain cir-
cumstances, the IRS may waive the electronic filing re-
quirement. To request a waiver, the CPEO must file a
written request using the IRS Online Registration System
for Professional Employer Organizations at least 45 days
before the due date of the return for which the CPEO is
unable to electronically file. For more information on filing
a waiver request electronically, go to IRS.gov/CPEO.
Penalties. For each whole or part month a return isn't
filed when required, there is a failure-to-file (FTF) penalty
of 5% of the unpaid tax due with that return. The maximum
penalty is generally 25% of the tax due. Also, for each
whole or part month the tax is paid late, there is a fail-
ure-to-pay (FTP) penalty of 0.5% per month of the amount
of tax. For individual filers only, the FTP penalty is re-
duced from 0.5% per month to 0.25% per month if an in-
stallment agreement is in effect. You must have filed your
return on or before the due date of the return to qualify for
the reduced penalty. The maximum amount of the FTP
penalty is also 25% of the tax due. If both penalties apply
in any month, the FTF penalty is reduced by the amount of
the FTP penalty. The penalties won't be charged if you
have a reasonable cause for failing to file or pay. If you re-
ceive a penalty notice, you can provide an explanation of
why you believe reasonable cause exists.
Note. In addition to any penalties, interest accrues
from the due date of the tax on any unpaid balance.
If income, social security, or Medicare taxes that must
be withheld aren't withheld or aren't paid, you may be per-
sonally liable for the trust fund recovery penalty. See Trust
fund recovery penalty in section 11.
Generally, the use of a third-party payer, such as a PSP
or reporting agent, doesn't relieve an employer of the re-
sponsibility to ensure tax returns are filed and all taxes are
paid or deposited correctly and on time. However, see
Certified professional employer organization (CPEO),
later, for an exception.
Don't file more than one Form 941 per quarter or
more than one Form 944 per year. Employers with
multiple locations or divisions must file only one Form 941
per quarter or one Form 944 per year. Filing more than
one return may result in processing delays and may re-
quire correspondence between you and the IRS. For infor-
mation on making adjustments to previously filed returns,
see section 13.
Reminders about filing.
• Don't report more than 1 calendar quarter on a Form
941.
• If you need Form 941 or Form 944, go to IRS.gov/
Forms. Also see Ordering Employer Tax Forms, In-
structions, and Publications, earlier.
• Enter your name and EIN on Form 941 or Form 944.
Be sure they’re exactly as they appeared on earlier re-
turns.
• See the Instructions for Form 941 or the Instructions
for Form 944 for information on preparing the form.
Final return. If you go out of business, you must file a fi-
nal return for the last quarter (last year for Form 944) in
which wages are paid. If you continue to pay wages or
other compensation for periods following termination of
your business, you must file returns for those periods. See
the Instructions for Form 941 or the Instructions for Form
944 for details on how to file a final return.
If you’re required to file a final return, you’re also re-
quired to furnish Forms W-2 to your employees and file
Forms W-2 and W-3 with the SSA by the due date of your
final return. Don't send an original or copy of your Form
941 or Form 944 to the SSA. See the General Instructions
for Forms W-2 and W-3 for more information.
Page 32 Publication 15 (2020)
Filing late returns for previous years. If possible, get
a copy of Form 941 or Form 944 (and separate instruc-
tions) with a revision date showing the year for which your
delinquent return is being filed. See Ordering Employer
Tax Forms, Instructions, and Publications, earlier. Contact
the IRS at 800-829-4933 if you have any questions about
filing late returns.
Table 3. Social Security and Medicare Tax
Rates (for 3 Prior Years)
Calendar Year
Wage Base Limit
(each employee)
Tax Rate on
Taxable Wages
and Tips
2019—Social Security $132,900 12.4%
2019—Medicare All Wages 2.9%
2018—Social Security $128,400 12.4%
2018—Medicare All Wages 2.9%
2017—Social Security $127,200 12.4%
2017—Medicare All Wages 2.9%
Reconciling Forms W-2, W-3, and 941 or 944. When
there are discrepancies between Forms 941 or Form 944
filed with the IRS and Forms W-2 and W-3 filed with the
SSA, the IRS or the SSA may contact you to resolve the
discrepancies.
Take the following steps to help reduce discrepancies.
1. Report bonuses as wages and as social security and
Medicare wages on Forms W-2 and on Form 941 or
Form 944.
2. Report both social security and Medicare wages and
taxes separately on Forms W-2 and W-3, and on
Form 941 or Form 944.
3. Report the employee share of social security taxes on
Form W-2 in the box for social security tax withheld
(box 4), not as social security wages.
4. Report the employee share of Medicare taxes on
Form W-2 in the box for Medicare tax withheld
(box 6), not as Medicare wages.
5. Make sure the social security wage amount for each
employee doesn't exceed the annual social security
wage base limit ($137,700 for 2020).
6. Don't report noncash wages that aren't subject to so-
cial security or Medicare taxes, as discussed earlier in
Wages not paid in money in section 5, as social se-
curity or Medicare wages.
7. If you used an EIN on any Form 941 or Form 944 for
the year that is different from the EIN reported on
Form W-3, enter the other EIN on Form W-3 in the
box for “Other EIN used this year” (box h).
8. Be sure the amounts on Form W-3 are the total of
amounts from Forms W-2.
9. Reconcile Form W-3 with your four quarterly Forms
941 or annual Form 944 by comparing amounts
reported for the following items.
a. Federal income tax withheld.
b. Social security and Medicare wages.
c. Social security and Medicare taxes. Generally, the
amounts shown on Forms 941 or annual Form
944, including current year adjustments, should
be approximately twice the amounts shown on
Form W-3 because Form 941 and Form 944 re-
port both the employer and employee social se-
curity and Medicare taxes while Form W-3 reports
only the employee taxes.
Don't report backup withholding or withholding on non-
payroll payments, such as pensions, annuities, and gam-
bling winnings, on Form 941 or Form 944. Withholding on
nonpayroll payments is reported on Forms 1099 or W-2G
and must be reported on Form 945. Only taxes and with-
holding reported on Form W-2 should be reported on
Form 941 or Form 944.
Amounts reported on Forms W-2, W-3, and Forms 941
or Form 944 may not match for valid reasons. For exam-
ple, if you withheld any Additional Medicare Tax from your
employee’s wages, the amount of Medicare tax that is re-
ported on Forms 941, line 5c, column 2, or Form 944,
line 4c, column 2, won’t be twice the amount of the Medi-
care tax withheld that is reported in box 6 of Form W-3 be-
cause the Additional Medicare Tax is only imposed on the
employee; there is no employer share of Additional Medi-
care Tax. Make sure there are valid reasons for any mis-
match. Keep your reconciliation so you’ll have a record of
why amounts didn't match in case there are inquiries from
the IRS or the SSA. See the Instructions for Schedule D
(Form 941) if you need to explain any discrepancies that
were caused by an acquisition, statutory merger, or con-
solidation.
13. Reporting Adjustments to
Form 941 or Form 944
Current Period Adjustments
In certain cases, amounts reported as social security and
Medicare taxes on Form 941, lines 5a–5d, column 2
(Form 944, lines 4a–4d, column 2), must be adjusted to
arrive at your correct tax liability (for example, excluding
amounts withheld by a third-party payer or amounts you
weren't required to withhold). Current period adjustments
are reported on Form 941, lines 7–9, or Form 944, line 6,
and include the following types of adjustments.
Fractions-of-cents adjustment. If there is a small dif-
ference between total taxes after adjustments and credits
(Form 941, line 12; Form 944, line 9) and total deposits
(Form 941, line 13; Form 944, line 10), it may have been
caused, all or in part, by rounding to the nearest cent each
time you figured payroll. This rounding occurs when you
figure the amount of social security and Medicare tax to
be withheld and deposited from each employee's wages.
The IRS refers to rounding differences relating to
Publication 15 (2020) Page 33
employee withholding of social security and Medicare
taxes as “fractions-of-cents” adjustments. If you pay your
taxes with Form 941 (or Form 944) instead of making de-
posits because your total taxes for the quarter (year for
Form 944) are less than $2,500, you may also report a
fractions-of-cents adjustment.
To determine if you have a fractions-of-cents adjust-
ment for 2020, multiply the total wages and tips for the
quarter subject to:
• Social security tax reported on Form 941 or Form 944
by 6.2% (0.062),
• Medicare tax reported on Form 941 or Form 944 by
1.45% (0.0145), and
• Additional Medicare Tax reported on Form 941 or
Form 944 by 0.9% (0.009).
Compare these amounts (the employee share of social
security and Medicare taxes) with the total social security
and Medicare taxes actually withheld from employees and
shown in your payroll records for the quarter (Form 941)
or the year (Form 944). If there is a small difference, the
amount, positive or negative, may be a fractions-of-cents
adjustment. Fractions-of-cents adjustments are reported
on Form 941, line 7, or Form 944, line 6. If the actual
amount withheld is less, report a negative adjustment us-
ing a minus sign (if possible; otherwise, use parentheses)
in the entry space. If the actual amount is more, report a
positive adjustment.
For the above adjustments, prepare and retain a
brief supporting statement explaining the nature
and amount of each. Don't attach the statement to
Form 941 or Form 944.
Adjustment of tax on third-party sick pay. Report both
the employer and employee share of social security and
Medicare taxes for sick pay on Form 941, lines 5a and 5c
(Form 944, lines 4a and 4c). If the aggregate wages paid
for an employee by the employer and third-party payer ex-
ceed $200,000 for the calendar year, report the Additional
Medicare Tax on Form 941, line 5d (Form 944, line 4d).
Show as a negative adjustment on Form 941, line 8 (Form
944, line 6), the social security and Medicare taxes with-
held on sick pay by a third-party payer. See section 6 of
Pub. 15-A for more information.
Adjustment of tax on tips. If, by the 10th of the month
after the month you received an employee's report on tips,
you don't have enough employee funds available to with-
hold the employee's share of social security and Medicare
taxes, you no longer have to collect it. However, report the
entire amount of these tips on Form 941, lines 5b and 5c
(Form 944, lines 4b and 4c). If the aggregate wages and
tips paid for an employee exceed $200,000 for the calen-
dar year, report the Additional Medicare Tax on Form 941,
line 5d (Form 944, line 4d). Include as a negative adjust-
ment on Form 941, line 9 (Form 944, line 6), the total un-
collected employee share of the social security and Medi-
care taxes.TIP
Adjustment of tax on group-term life insurance pre-
miums paid for former employees. The employee
share of social security and Medicare taxes for premiums
on group-term life insurance over $50,000 for a former
employee is paid by the former employee with his or her
tax return and isn't collected by the employer. However,
include all social security and Medicare taxes for such
coverage on Form 941, lines 5a and 5c (Form 944, lines
4a and 4c). If the amount paid for an employee for premi-
ums on group-term life insurance combined with other wa-
ges exceeds $200,000 for the calendar year, report the
Additional Medicare Tax on Form 941, line 5d (Form 944,
line 4d). Back out the amount of the employee share of
these taxes as a negative adjustment on Form 941, line 9
(Form 944, line 6). See Pub. 15-B for more information on
group-term life insurance.
Example. Cedar, Inc., filed Form 941 and was entitled
to the following current period adjustments.
• Fractions of cents. Cedar, Inc., determined the
amounts withheld and deposited for social security
and Medicare taxes during the quarter were a net
$1.44 more than the employee share of the amount
figured on Form 941, lines 5a–5d, column 2 (social se-
curity and Medicare taxes). This difference was
caused by adding or dropping fractions of cents when
figuring social security and Medicare taxes for each
wage payment. Cedar, Inc., must report a positive
$1.44 fractions-of-cents adjustment on Form 941,
line 7.
• Third-party sick pay. Cedar, Inc., included taxes of
$2,000 for sick pay on Form 941, lines 5a and 5c, col-
umn 2, for social security and Medicare taxes. How-
ever, the third-party payer of the sick pay withheld and
paid the employee share ($1,000) of these taxes. Ce-
dar, Inc., is entitled to a $1,000 sick pay adjustment
(negative) on Form 941, line 8.
• Life insurance premiums. Cedar, Inc., paid
group-term life insurance premiums for policies in ex-
cess of $50,000 for former employees. The former
employees must pay the employee share of the social
security and Medicare taxes ($200) on the policies.
However, Cedar, Inc., must include the employee
share of these taxes with the social security and Medi-
care taxes reported on Form 941, lines 5a and 5c, col-
umn 2. Therefore, Cedar, Inc., is entitled to a negative
$200 adjustment on Form 941, line 9.
No change to record of federal tax liability. Don't
make any changes to your record of federal tax liability re-
ported on Form 941, line 16, or Schedule B (Form 941)
(for Form 944 filers, Form 944, line 13, or Form 945-A) for
current period adjustments. The amounts reported on the
record reflect the actual amounts you withheld from em-
ployees' wages for social security and Medicare taxes.
Because the current period adjustments make the
amounts reported on Form 941, lines 5a–5d, column 2
(Form 944, lines 4a–4d, column 2), equal the actual
Page 34 Publication 15 (2020)
amounts you withheld (the amounts reported on the re-
cord), no additional changes to the record of federal tax li-
ability are necessary for these adjustments.
Prior Period Adjustments
Forms for prior period adjustments. Use Form 941-X
or Form 944-X to make a correction after you discover an
error on a previously filed Form 941 or Form 944. There
are also Forms 943-X, 945-X, and CT-1 X to report cor-
rections on the corresponding returns. Use Form 843
when requesting a refund or abatement of assessed inter-
est or penalties.
See Revenue Ruling 2009-39, 2009-52 I.R.B.
951, for examples of how the interest-free adjust-
ment and claim for refund rules apply in 10 differ-
ent situations. You can find Revenue Ruling 2009-39 at
IRS.gov/irb/2009-52_IRB#RR-2009-39.
Background. Treasury Decision 9405 changed the
process for making interest-free adjustments to employ-
ment taxes reported on Form 941 and Form 944 and for
filing a claim for refund of employment taxes. Treasury
Decision 9405, 2008-32 I.R.B. 293, is available at
IRS.gov/irb/2008-32_IRB#TD-9405. You’ll use the adjust-
ment process if you underreported employment taxes and
are making a payment, or if you overreported employment
taxes and will be applying the credit to the Form 941 or
Form 944 period during which you file Form 941-X or
Form 944-X. You’ll use the claim process if you overrepor-
ted employment taxes and are requesting a refund or
abatement of the overreported amount. We use the terms
“correct” and “corrections” to include interest-free adjust-
ments under sections 6205 and 6413, and claims for re-
fund and abatement under sections 6402, 6414, and
6404.
Correcting employment taxes. When you discover an
error on a previously filed Form 941 or Form 944, you
must:
• Correct that error using Form 941-X or Form 944-X,
• File a separate Form 941-X or Form 944-X for each
Form 941 or Form 944 you’re correcting, and
• File Form 941-X or Form 944-X separately. Don't file
with Form 941 or Form 944.
Report current quarter adjustments for fractions of
cents, third-party sick pay, tips, and group-term life insur-
ance on Form 941 using lines 7–9, and on Form 944 using
line 6. See Current Period Adjustments, earlier
Report the correction of underreported and overrepor-
ted amounts for the same tax period on a single Form
941-X or Form 944-X unless you’re requesting a refund. If
you’re requesting a refund and are correcting both under-
reported and overreported amounts, file one Form 941-X
or Form 944-X correcting the underreported amounts only
and a second Form 941-X or Form 944-X correcting the
overreported amounts.
See the chart on the back of Form 941-X or Form
944-X for help in choosing whether to use the adjustmentTIP
process or the claim process. See the Instructions for
Form 941-X or the Instructions for Form 944-X for details
on how to make the adjustment or claim for refund or
abatement.
Income tax withholding adjustments. In a current cal-
endar year, correct prior quarter income tax withholding
errors by making the correction on Form 941-X when you
discover the error.
You may make an adjustment only to correct income
tax withholding errors discovered during the same calen-
dar year in which you paid the wages. This is because the
employee uses the amount shown on Form W-2 or, if ap-
plicable, Form W-2c, as a credit when filing his or her in-
come tax return (Form 1040, etc.).
You can't adjust amounts reported as income tax with-
held in a prior calendar year unless it is to correct an ad-
ministrative error or section 3509 applies. An administra-
tive error occurs if the amount you entered on Form 941 or
Form 944 isn't the amount you actually withheld. For ex-
ample, if the total income tax actually withheld was incor-
rectly reported on Form 941 or Form 944 due to a mathe-
matical or transposition error, this would be an
administrative error. The administrative error adjustment
corrects the amount reported on Form 941 or Form 944 to
agree with the amount actually withheld from employees
and reported on their Forms W-2.
Additional Medicare Tax withholding adjustments.
Generally, the rules discussed above under Income tax
withholding adjustments apply to Additional Medicare Tax
withholding adjustments. That is, you may make an ad-
justment to correct Additional Medicare Tax withholding
errors discovered during the same calendar year in which
you paid wages. You can't adjust amounts reported in a
prior calendar year unless it is to correct an administrative
error or section 3509 applies. If you have overpaid Addi-
tional Medicare Tax, you can't file a claim for refund for
the amount of the overpayment unless the amount wasn't
actually withheld from the employee's wages (which
would be an administrative error).
If a prior year error was a nonadministrative error, you
may correct only the wages and tips subject to Addi-
tional Medicare Tax withholding.
Collecting underwithheld taxes from employees. If
you withheld no income, social security, or Medicare
taxes or less than the correct amount from an employee's
wages, you can make it up from later pay to that em-
ployee. But you’re the one who owes the underpayment.
Reimbursement is a matter for settlement between you
and the employee. Underwithheld income tax and Addi-
tional Medicare Tax must be recovered from the em-
ployee on or before the last day of the calendar year.
There are special rules for tax on tips (see section 6) and
fringe benefits (see section 5).
Refunding amounts incorrectly withheld from em-
ployees. If you withheld more than the correct amount of
income, social security, or Medicare taxes from wages
paid, repay or reimburse the employee the excess. Any
excess income tax or Additional Medicare Tax withholding
Publication 15 (2020) Page 35
must be repaid or reimbursed to the employee before the
end of the calendar year in which it was withheld. Keep in
your records the employee's written receipt showing the
date and amount of the repayment or record of reimburse-
ment. If you didn't repay or reimburse the employee, you
must report and pay each excess amount when you file
Form 941 for the quarter (or Form 944 for the year) in
which you withheld too much tax.
Correcting filed Forms W-2 and W-3. When adjust-
ments are made to correct wages and social security and
Medicare taxes because of a change in the wage totals
reported for a previous year, you also need to file Form
W-2c and Form W-3c with the SSA. Up to 25 Forms W-2c
per Form W-3c may be filed per session over the Internet,
with no limit on the number of sessions. For more informa-
tion, visit the SSA's Employer W-2 Filing Instructions & In-
formation webpage at SSA.gov/employer.
Exceptions to interest-free corrections of employ-
ment taxes. A correction won't be eligible for inter-
est-free treatment if:
• The failure to report relates to an issue raised in an
IRS examination of a prior return, or
• The employer knowingly underreported its employ-
ment tax liability.
A correction won't be eligible for interest-free treatment
after the earlier of the following.
• Receipt of an IRS notice and demand for payment af-
ter assessment.
• Receipt of an IRS notice of determination under sec-
tion 7436.
Wage Repayments
If an employee repays you for wages received in error,
don't offset the repayments against current year wages
unless the repayments are for amounts received in error in
the current year.
Repayment of current year wages. If you receive re-
payments for wages paid during a prior quarter in the cur-
rent year, report adjustments on Form 941-X to recover in-
come tax withholding and social security and Medicare
taxes for the repaid wages.
Repayment of prior year wages. If you receive repay-
ments for wages paid during a prior year, report an adjust-
ment on Form 941-X or Form 944-X to recover the social
security and Medicare taxes. You can't make an adjust-
ment for income tax withholding because the wages were
income to the employee for the prior year. You can't make
an adjustment for Additional Medicare Tax withholding
because the employee determines liability for Additional
Medicare Tax on the employee's income tax return for the
prior year.
You must also file Forms W-2c and W-3c with the SSA
to correct social security and Medicare wages and taxes.
Don't correct wages (box 1) on Form W-2c for the amount
paid in error. Give a copy of Form W-2c to the employee.
Employee reporting of repayment. The wages paid
in error in the prior year remain taxable to the employee
for that year. This is because the employee received and
had use of those funds during that year. The employee
isn't entitled to file an amended return (Form 1040-X) to
recover the income tax on these wages. Instead, the em-
ployee may be entitled to a deduction or credit for the re-
paid wages on his or her income tax return for the year of
repayment. However, the employee should file an amen-
ded return (Form 1040-X) to recover any Additional Medi-
care Tax paid on the wages paid in error in the prior year.
If an employee asks about reporting their wage repay-
ment, you may tell the employee to see Repayments in
Pub. 525 for more information.
14. Federal Unemployment
(FUTA) Tax
The Federal Unemployment Tax Act (FUTA), with state
unemployment systems, provides for payments of unem-
ployment compensation to workers who have lost their
jobs. Most employers pay both a federal and a state un-
employment tax. For a list of state unemployment agen-
cies, visit the U.S. Department of Labor’s website at
oui.doleta.gov/unemploy/agencies.asp. Only the em-
ployer pays FUTA tax; it isn't withheld from the employ-
ee's wages. For more information, see the Instructions for
Form 940.
Services rendered to a federally recognized In-
dian tribal government (or any subdivision, sub-
sidiary, or business wholly owned by such an In-
dian tribe) are exempt from FUTA tax, subject to the
tribe's compliance with state law. For more information,
see section 3309(d) and Pub. 4268.
Who must pay? Use the following three tests to deter-
mine whether you must pay FUTA tax. Each test applies
to a different category of employee, and each is independ-
ent of the others. If a test describes your situation, you’re
subject to FUTA tax on the wages you pay to employees
in that category during the current calendar year.
1. General test.
You’re subject to FUTA tax in 2020 on the wages
you pay employees who aren't farmworkers or house-
hold workers if:
a. You paid wages of $1,500 or more in any calendar
quarter in 2019 or 2020, or
b. You had one or more employees for at least some
part of a day in any 20 or more different weeks in
2019 or 20 or more different weeks in 2020.
2. Household employees test.
You’re subject to FUTA tax if you paid total cash
wages of $1,000 or more to household employees in
any calendar quarter in 2019 or 2020. A household
employee is an employee who performs householdTIP
Page 36 Publication 15 (2020)
work in a private home, local college club, or local fra-
ternity or sorority chapter.
3. Farmworkers test.
You’re subject to FUTA tax on the wages you pay
to farmworkers if:
a. You paid cash wages of $20,000 or more to farm-
workers during any calendar quarter in 2019 or
2020, or
b. You employed 10 or more farmworkers during at
least some part of a day (whether or not at the
same time) during any 20 or more different weeks
in 2019 or 20 or more different weeks in 2020.
Figuring FUTA tax. For 2020, the FUTA tax rate is
6.0%. The tax applies to the first $7,000 you pay to each
employee as wages during the year. The $7,000 is the
federal wage base. Your state wage base may be differ-
ent.
Generally, you can take a credit against your FUTA tax
for amounts you paid into state unemployment funds. The
credit may be as much as 5.4% of FUTA taxable wages. If
you’re entitled to the maximum 5.4% credit, the FUTA tax
rate after credit is 0.6%. You’re entitled to the maximum
credit if you paid your state unemployment taxes in full, on
time, and on all the same wages as are subject to FUTA
tax, and as long as the state isn't determined to be a credit
reduction state. See the Instructions for Form 940 to de-
termine the credit.
In some states, the wages subject to state unemploy-
ment tax are the same as the wages subject to FUTA tax.
However, certain states exclude some types of wages
from state unemployment tax, even though they’re subject
to FUTA tax (for example, wages paid to corporate offi-
cers, certain payments of sick pay by unions, and certain
fringe benefits). In such a case, you may be required to
deposit more than 0.6% FUTA tax on those wages. See
the Instructions for Form 940 for further guidance.
In years when there are credit reduction states,
you must include liabilities owed for credit reduc-
tion with your fourth quarter deposit. You may de-
posit the anticipated extra liability throughout the year, but
it isn't due until the due date for the deposit for the fourth
quarter, and the associated liability should be recorded as
being incurred in the fourth quarter. See the Instructions
for Form 940 for more information.
Successor employer. If you acquired a business
from an employer who was liable for FUTA tax, you may
be able to count the wages that employer paid to the em-
ployees who continue to work for you when you figure the
$7,000 FUTA tax wage base. See the Instructions for
Form 940.
Depositing FUTA tax. For deposit purposes, figure
FUTA tax quarterly. Determine your FUTA tax liability by
multiplying the amount of taxable wages paid during the
quarter by 0.6%. Stop depositing FUTA tax on an employ-
ee's wages when he or she reaches $7,000 in taxable wa-
ges for the calendar year.TIP
If your FUTA tax liability for any calendar quarter is
$500 or less, you don't have to deposit the tax. Instead,
you may carry it forward and add it to the liability figured in
the next quarter to see if you must make a deposit. If your
FUTA tax liability for any calendar quarter is over $500 (in-
cluding any FUTA tax carried forward from an earlier quar-
ter), you must deposit the tax by EFT. See section 11 for
more information on EFT.
Household employees. You’re not required to de-
posit FUTA taxes for household employees unless you re-
port their wages on Form 941, 943, or 944. See Pub. 926
for more information.
When to deposit. Deposit the FUTA tax by the last
day of the first month that follows the end of the quarter. If
the due date for making your deposit falls on a Saturday,
Sunday, or legal holiday, you may make your deposit on
the next business day. See Legal holiday, earlier, for a list
of the legal holidays for 2020.
If your liability for the fourth quarter (plus any undepos-
ited amount from any earlier quarter) is over $500, deposit
the entire amount by the due date of Form 940 (January
31). If it is $500 or less, you can make a deposit, pay the
tax with a credit or debit card, or pay the tax with your
2019 Form 940 by January 31, 2020. If you file Form 940
electronically, you can e-file and use EFW to pay the bal-
ance due. For more information on paying your taxes with
a credit or debit card or using EFW, go to IRS.gov/
Payments.
Table 4. When To Deposit FUTA Taxes
Quarter Ending Due Date
Jan.–Feb.–Mar. Mar. 31 Apr. 30
Apr.–May–June June 30 July 31
July–Aug.–Sept. Sept. 30 Oct. 31
Oct.–Nov.–Dec. Dec. 31 Jan. 31
Reporting FUTA tax. Use Form 940 to report FUTA tax.
File your 2019 Form 940 by January 31, 2020. However, if
you deposited all FUTA tax when due, you may file on or
before February 10, 2020.
Form 940 e-file. The Form 940 e-file program allows
a taxpayer to electronically file Form 940 using a com-
puter with an Internet connection and commercial tax
preparation software. For more information, visit the IRS
website at IRS.gov/EmploymentEfile, or call
866-255-0654.
Household employees. If you didn't report employ-
ment taxes for household employees on Form 941, 943,
or 944, report FUTA tax for these employees on Sched-
ule H (Form 1040 or 1040-SR). See Pub. 926 for more in-
formation. You must have an EIN to file Schedule H (Form
1040 or 1040-SR).
Electronic filing by reporting agents. Reporting
agents filing Forms 940 for groups of taxpayers can file
them electronically. See the Electronic filing by reporting
agents discussion in section 12.
Publication 15 (2020) Page 37
Electronic filing by CPEOs. CPEOs are required to
electronically file Form 940. Under certain circumstances,
the IRS may waive the electronic filing requirement. To re-
quest a waiver, the CPEO must file a written request using
the IRS Online Registration System for Professional Em-
ployer Organizations at least 45 days before the due date
of the return for which the CPEO is unable to electronically
file. For more information on filing a waiver request elec-
tronically, go to IRS.gov/CPEO.
Page 38 Publication 15 (2020)
15. Special Rules for Various Types of Services and Payments
Section references are to the Internal Revenue Code unless otherwise noted.
Special Classes of Employment and
Special Types of Payments Treatment Under Employment Taxes
Income Tax Withholding Social Security and
Medicare (including
Additional Medicare Tax
when wages are paid in
excess of $200,000)
FUTA
Aliens, nonresident. See Pub. 515 and Pub. 519.
Aliens, resident:
1. Service performed in the U.S. Same as U.S. citizen. Same as U.S. citizen.
(Exempt if any part of
service as crew member of
foreign vessel or aircraft is
performed outside U.S.)
Same as U.S. citizen.
2. Service performed outside the U.S. Withhold Taxable if (1) working for
an American employer, or
(2) an American employer
by agreement covers U.S.
citizens and residents
employed by its foreign
affiliates.
Exempt unless on or in
connection with an
American vessel or aircraft
and either performed under
contract made in U.S., or
alien is employed on such
vessel or aircraft when it
touches U.S. port.
Cafeteria plan benefits under section 125. If employee chooses cash, subject to all employment taxes. If employee chooses another
benefit, the treatment is the same as if the benefit was provided outside the plan. See Pub.
15-B for more information.
Deceased worker:
1. Wages paid to beneficiary or estate in
same calendar year as worker's death.
See the Instructions for Forms W-2 and
W-3 for details.
Exempt Taxable Taxable
2. Wages paid to beneficiary or estate
after calendar year of worker's death. Exempt Exempt Exempt
Dependent care assistance programs. Exempt to the extent it is reasonable to believe amounts are excludable from gross
income under section 129.
Disabled worker's wages paid after year in
which worker became entitled to disability
insurance benefits under the Social Security
Act.
Withhold Exempt if worker didn't
perform any service for
employer during the period
for which payment is made.
Taxable
Employee business expense
reimbursement:
1. Accountable plan.
a. Amounts not exceeding specified
government rate for per diem or
standard mileage.
Exempt Exempt Exempt
b. Amounts in excess of specified
government rate for per diem or
standard mileage.
Withhold Taxable Taxable
2. Nonaccountable plan. See section 5 for
details. Withhold Taxable Taxable
Family employees:
1. Child employed by parent (or
partnership in which each partner is a
parent of the child).
Withhold Exempt until age 18; age
21 for domestic service. Exempt until age 21
2. Parent employed by child. Withhold Taxable if in course of the
son's or daughter's
business. For domestic
services, see section 3.
Exempt
3. Spouse employed by spouse. Withhold Taxable if in course of
spouse's business. Exempt
See section 3 for more information.
Fishing and related activities. See Pub. 334.
Foreign governments and international
organizations. Exempt Exempt Exempt
Publication 15 (2020) Page 39
Special Classes of Employment and
Special Types of Payments Treatment Under Employment Taxes
Income Tax Withholding Social Security and
Medicare (including
Additional Medicare Tax
when wages are paid in
excess of $200,000)
FUTA
Foreign service by U.S. citizens:
1. As U.S. government employees. Withhold Same as within U.S. Exempt
2. For foreign affiliates of American
employers and other private employers. Exempt if at time of payment
(1) it is reasonable to believe
employee is entitled to
exclusion from income under
section 911, or (2) the
employer is required by law
of the foreign country to
withhold income tax on such
payment.
Exempt unless (1) an
American employer by
agreement covers U.S.
citizens employed by its
foreign affiliates, or (2) U.S.
citizen works for American
employer.
Exempt unless (1) on
American vessel or aircraft
and work is performed
under contract made in U.S.
or worker is employed on
vessel when it touches U.S.
port, or (2) U.S. citizen
works for American
employer (except in a
contiguous country with
which the U.S. has an
agreement for
unemployment
compensation) or in the U.S.
Virgin Islands.
Fringe benefits. Taxable on excess of fair market value of the benefit over the sum of an amount paid for it
by the employee and any amount excludable by law. However, special valuation rules may
apply. Benefits provided under cafeteria plans may qualify for exclusion from wages for
social security, Medicare, and FUTA taxes. See Pub. 15-B for details.
Government employment:
State/local governments and political
subdivisions, employees of:
1. Salaries and wages (includes payments
to most elected and appointed officials).
See chapter 3 of Pub. 963.
Withhold Generally, taxable for (1)
services performed by
employees who are either
(a) covered under a
section 218 agreement, or
(b) not covered under a
section 218 agreement
and not a member of a
public retirement system
(mandatory social security
and Medicare coverage);
and (2) (for Medicare tax
only) for services
performed by employees
hired or rehired after March
31, 1986, who aren't
covered under a section
218 agreement or the
mandatory social security
provisions, unless
specifically excluded by
law. See Pub. 963.
Exempt
2. Election workers. Election individuals
are workers who are employed to
perform services for state or local
governments at election booths in
connection with national, state, or local
elections.
Exempt Taxable if paid $1,900 or
more in 2020 (lesser
amount if specified by a
section 218 social security
agreement). See Revenue
Ruling 2000-6.
Exempt
Note. File Form W-2 for payments of
$600 or more even if no social security
or Medicare taxes were withheld.
3. Emergency workers. Emergency
workers who were hired on a temporary
basis in response to a specific
unforeseen emergency and aren't
intended to become permanent
employees.
Withhold Exempt if serving on a
temporary basis in case of
fire, storm, snow,
earthquake, flood, or
similar emergency.
Exempt
U.S. federal government employees. Withhold Taxable for Medicare.
Taxable for social security
unless hired before 1984.
See section 3121(b)(5).
Exempt
Page 40 Publication 15 (2020)
Special Classes of Employment and
Special Types of Payments Treatment Under Employment Taxes
Income Tax Withholding Social Security and
Medicare (including
Additional Medicare Tax
when wages are paid in
excess of $200,000)
FUTA
Homeworkers (industrial, cottage
industry):
1. Common law employees. Withhold Taxable Taxable
2. Statutory employees. See section 2 for
details. Exempt Taxable if paid $100 or
more in cash in a year. Exempt
Hospital employees:
1. Interns. Withhold Taxable Exempt
2. Patients. Withhold Taxable (Exempt for state
or local government
hospitals.)
Exempt
Household employees:
1. Domestic service in private homes. Exempt (withhold if both
employer and employee
agree).
Taxable if paid $2,200 or
more in cash in 2020.
Exempt if performed by an
individual under age 18
during any portion of the
calendar year and isn't the
principal occupation of the
employee.
Taxable if employer paid
total cash wages of $1,000
or more in any quarter in the
current or preceding
calendar year.
2. Domestic service in college clubs,
fraternities, and sororities. Exempt (withhold if both
employer and employee
agree).
Exempt if paid to regular
student; also exempt if
employee is paid less than
$100 in a year by an
income-tax-exempt
employer.
Taxable if employer paid
total cash wages of $1,000
or more in any quarter in the
current or preceding
calendar year.
Insurance for employees:
1. Accident and health insurance
premiums under a plan or system for
employees and their dependents
generally or for a class or classes of
employees and their dependents.
Exempt (except 2%
shareholder-employees of S
corporations).
Exempt Exempt
2. Group-term life insurance costs. See
Pub. 15-B for details. Exempt Exempt, except for the
cost of group-term life
insurance includible in the
employee's gross income.
Special rules apply for
former employees.
Exempt
Insurance agents or solicitors:
1. Full-time life insurance salesperson. Withhold only if employee
under common law. See
section 2.
Taxable Taxable if (1) employee
under common law, and (2)
not paid solely by
commissions.
2. Other salesperson of life, casualty, etc.,
insurance. Withhold only if employee
under common law. Taxable only if employee
under common law. Taxable if (1) employee
under common law, and (2)
not paid solely by
commissions.
Interest on loans with below-market
interest rates (foregone interest and deemed
original issue discount).
See Pub. 15-A.
Leave-sharing plans: Amounts paid to an
employee under a leave-sharing plan. Withhold Taxable Taxable
Newspaper carriers and vendors:
Newspaper carriers under age 18; newspaper
and magazine vendors buying at fixed prices
and retaining receipts from sales to
customers. See Pub. 15-A for information on
statutory nonemployee status.
Exempt (withhold if both
employer and employee
voluntarily agree).
Exempt Exempt
Publication 15 (2020) Page 41
Special Classes of Employment and
Special Types of Payments Treatment Under Employment Taxes
Income Tax Withholding Social Security and
Medicare (including
Additional Medicare Tax
when wages are paid in
excess of $200,000)
FUTA
Noncash payments:
1. For household work, agricultural labor,
and service not in the course of the
employer's trade or business.
Exempt (withhold if both
employer and employee
voluntarily agree).
Exempt Exempt
2. To certain retail commission
salespersons ordinarily paid solely on a
cash commission basis.
Optional with employer,
except to the extent
employee's supplemental
wages during the year
exceed $1 million.
Taxable Taxable
Nonprofit organizations. See Pub. 15-A.
Officers or shareholders of an S
corporation: Distributions and other
payments by an S corporation to a corporate
officer or shareholder must be treated as
wages to the extent the amounts are
reasonable compensation for services to the
corporation by an employee. See the
Instructions for Form 1120-S.
Withhold Taxable Taxable
Partners: Payments to general or limited
partners of a partnership. See Pub. 541 for
partner reporting rules.
Exempt Exempt Exempt
Railroads: Payments subject to the Railroad
Retirement Act. See Pub. 915 for more details. Withhold Exempt Exempt
Religious exemptions. See Pub. 15-A and Pub. 517.
Retirement and pension plans:
1. Employer contributions to a qualified
plan. Exempt Exempt Exempt
2. Elective employee contributions and
deferrals to a plan containing a qualified
cash or deferred compensation
arrangement (401(k)).
Generally exempt, but see
section 402(g) for limitation. Taxable Taxable
3. Employer contributions to individual
retirement accounts under simplified
employee pension (SEP) plan.
Generally exempt, but see
section 402(g) for salary
reduction SEP limitation.
Exempt, except for amounts contributed under a salary
reduction SEP agreement.
4. Employer contributions to section
403(b) annuities including salary
reduction contributions.
Generally exempt, but see
section 402(g) for limitation. Taxable if paid through a salary reduction agreement
(written or otherwise).
5. Employee salary reduction contributions
to a SIMPLE retirement account. Exempt Taxable Taxable
6. Distributions from qualified retirement
and pension plans and section 403(b)
annuities. See Pub. 15-A for information
on pensions, annuities, and employer
contributions to nonqualified deferred
compensation arrangements.
Withhold, but recipient may
elect exemption on Form
W-4P in certain cases;
mandatory 20% withholding
applies to an eligible rollover
distribution that isn't a direct
rollover; exempt for direct
rollover. See Pub. 15-A.
Exempt Exempt
7. Employer contributions to a section
457(b) plan. Generally exempt, but see
section 402(g) limitation. Taxable Taxable
8. Employee salary reduction contributions
to a section 457(b) plan. Generally exempt, but see
section 402(g) salary
reduction limitation.
Taxable Taxable
Salespersons:
1. Common law employees. Withhold Taxable Taxable
2. Statutory employees. Exempt Taxable Taxable, except for full-time
life insurance sales agents.
3. Statutory nonemployees (qualified real
estate agents, direct sellers, and certain
companion sitters). See Pub. 15-A for
details.
Exempt Exempt Exempt
Page 42 Publication 15 (2020)
Special Classes of Employment and
Special Types of Payments Treatment Under Employment Taxes
Income Tax Withholding Social Security and
Medicare (including
Additional Medicare Tax
when wages are paid in
excess of $200,000)
FUTA
Scholarships and fellowship grants
(includible in income under section
117(c)).
Withhold Taxability depends on the nature of the employment and
the status of the organization. See Students, scholars,
trainees, teachers, etc. below.
Severance or dismissal pay. Withhold Taxable Taxable
Service not in the course of the
employer's trade or business (other than
on a farm operated for profit or for
household employment in private homes).
Withhold only if employee
earns $50 or more in cash in
a quarter and works on 24 or
more different days in that
quarter or in the preceding
quarter.
Taxable if employee
receives $100 or more in
cash in a calendar year.
Taxable only if employee
earns $50 or more in cash in
a quarter and works on 24
or more different days in
that quarter or in the
preceding quarter.
Sick pay. See Pub. 15-A for more information. Withhold Exempt after end of 6 calendar months after the calendar
month employee last worked for employer.
Students, scholars, trainees, teachers,
etc.:
1. Student enrolled and regularly attending
classes, performing services for the
following.
a. Private school, college, or
university. Withhold Exempt Exempt
b. Auxiliary nonprofit organization
operated for and controlled by
school, college, or university.
Withhold Exempt unless services
are covered by a section
218 (Social Security Act)
agreement.
Exempt
c. Public school, college, or
university. Withhold Exempt unless services
are covered by a section
218 (Social Security Act)
agreement.
Exempt
2. Full-time student performing service for
academic credit, combining instruction
with work experience as an integral part
of the program.
Withhold Taxable Exempt unless program was
established for or on behalf
of an employer or group of
employers.
3. Student nurse performing part-time
services for nominal earnings at hospital
as incidental part of training.
Withhold Exempt Exempt
4. Student employed by organized camps. Withhold Taxable Exempt
5. Student, scholar, trainee, teacher, etc.,
as nonimmigrant alien under section
101(a)(15)(F), (J), (M), or (Q) of
Immigration and Nationality Act (that is,
aliens holding F-1, J-1, M-1, or Q-1
visas).
Withhold unless excepted by
regulations. Exempt if service is performed for purpose specified in
section 101(a)(15)(F), (J), (M), or (Q) of Immigration and
Nationality Act. However, these taxes may apply if the
employee becomes a resident alien. See the special
residency tests for exempt individuals in chapter 1 of Pub.
519.
Supplemental unemployment
compensation plan benefits. Withhold Exempt under certain conditions. See Pub. 15-A.
Tips:
1. If $20 or more in a month. Withhold Taxable Taxable for all tips reported
in writing to employer.
2. If less than $20 in a month. See section
6 for more information. Exempt Exempt Exempt
Worker's compensation. Exempt Exempt Exempt
Publication 15 (2020) Page 43
16. Third-Party Payer
Arrangements
An employer may outsource some or all of its federal em-
ployment tax withholding, reporting, and payment obliga-
tions. An employer who outsources payroll and related tax
duties (that is, withholding, reporting, and paying over so-
cial security, Medicare, FUTA, and income taxes) to a
third-party payer, generally will remain responsible for
those duties, including liability for the taxes. However, see
Certified professional employer organization (CPEO),
later, for an exception.
If an employer outsources some or all of its payroll re-
sponsibilities, the employer should consider the following
information.
• The employer remains responsible for federal tax de-
posits and other federal tax payments even though the
employer may forward the tax amounts to the
third-party payer to make the deposits and payments.
If the third party fails to make the deposits and pay-
ments, the IRS may assess penalties and interest on
the employer’s account. As the employer, you may be
liable for all taxes, penalties, and interest due. The
employer may also be held personally liable for certain
unpaid federal taxes.
• If the employer’s account has any issues, the IRS will
send correspondence to the employer at the address
of record. We strongly recommend that the employer
maintain its address as the address of record with the
IRS. Having correspondence sent to the address of
the third-party payer may significantly limit the em-
ployer’s ability to be informed about tax matters involv-
ing the employer’s business. Use Form 8822-B to up-
date your business address.
• When a third party enrolls an employer in EFTPS for
federal tax deposits, the employer will receive an In-
quiry PIN. Employers should activate and use this In-
quiry PIN to monitor their account and ensure the third
party is making the required tax deposits.
The following are common third-party payers who an
employer may contract with to perform payroll and related
tax duties.
• Payroll service provider (PSP).
• Reporting agent.
• Agent with approved Form 2678.
• Payer designated under section 3504.
• Certified professional employer organization (CPEO).
Payroll service provider (PSP). A PSP helps adminis-
ter payroll and payroll-related tax duties on behalf of the
employer. A PSP may prepare paychecks for employees,
prepare and file employment tax returns, prepare Form
W-2, and make federal tax deposits and other federal tax
payments. A PSP performs these functions using the EIN
of the employer. A PSP isn't liable as either an employer
or an agent of the employer for the employer’s employ-
ment taxes. If an employer is using a PSP to perform its
tax duties, the employer remains liable for its employment
tax obligations, including liability for employment taxes.
An employer who uses a PSP should ensure the PSP is
using EFTPS to make federal tax deposits on behalf of the
employer so the employer can confirm that the payments
are being made on its behalf.
Reporting agent. A reporting agent is a type of PSP. A
reporting agent helps administer payroll and payroll-rela-
ted tax duties on behalf of the employer, including authori-
zation to electronically sign and file forms set forth on
Form 8655. An employer uses Form 8655 to authorize a
reporting agent to perform functions on behalf of the em-
ployer. A reporting agent performs these functions using
the EIN of the employer. A reporting agent isn't liable as
either an employer or an agent of the employer for the em-
ployer’s employment taxes. If an employer is using a re-
porting agent to perform its tax duties, the employer re-
mains liable for its employment obligations, including
liability for employment taxes.
A reporting agent must use EFTPS to make federal tax
deposits on behalf of an employer. The employer has ac-
cess to EFTPS to confirm federal tax deposits were made
on its behalf.
For more information on reporting agents, see Revenue
Procedure 2012-32, 2012-34 I.R.B. 267, at IRS.gov/irb/
2012-34_IRB#RP-2012-32, and Pub. 1474, Technical
Specifications Guide for Reporting Agent Authorization
and Federal Tax Depositors.
Agent with an approved Form 2678. An agent with an
approved Form 2678 helps administer payroll and related
tax duties on behalf of the employer. An agent authorized
under section 3504 may pay wages or compensation to
some or all of the employees of an employer, prepare and
file employment tax returns as set forth on Form 2678,
prepare Form W-2, and make federal tax deposits and
other federal tax payments. An employer uses Form 2678
to request authorization to appoint an agent to perform
functions on behalf of the employer. An agent with an ap-
proved Form 2678 is authorized to perform these func-
tions using its own EIN. The agent files a Schedule R
(Form 941) or, if applicable, Schedule R (Form 943) to al-
locate wages and taxes to the employers it represents as
an agent.
If an employer is using an agent with an approved Form
2678 to perform its tax duties, the agent and the employer
are jointly liable for the employment taxes and related tax
duties for which the agent is authorized to perform.
Form 2678 doesn't apply to FUTA taxes reportable on
Form 940 unless the employer is a home care service re-
cipient receiving home care services through a program
administered by a federal, state, or local government
agency.
For more information on an agent with an approved
Form 2678, see Revenue Procedure 2013-39, 2013-52
I.R.B. 830, at IRS.gov/irb/2013-52_IRB#RP-2013-39.
Payer designated under section 3504. In certain cir-
cumstances, the IRS may designate a third-party payer to
Page 44 Publication 15 (2020)
perform the acts of an employer. The IRS will designate a
third-party payer on behalf of an employer if the third party
has a service agreement with the employer. A service
agreement is an agreement between the third-party payer
and an employer in which the third-party payer (1) asserts
it is the employer of individuals performing services for the
employer; (2) pays wages to the individuals that perform
services for the employer; and (3) assumes responsibility
to withhold, report, and pay federal employment taxes for
the wages it pays to the individuals that perform services
for the employer.
A payer designated under section 3504 performs tax
duties under the service agreement using its own EIN. If
the IRS designates a third-party payer under section
3504, the designated payer and the employer are jointly li-
able for the employment taxes and related tax duties for
which the third-party payer is designated.
For more information on a payer designated under sec-
tion 3504, see Regulations section 31.3504-2.
Certified professional employer organization
(CPEO). The Stephen Beck, Jr., Achieving a Better Life
Experience Act of 2014 required the IRS to establish a
voluntary certification program for professional employer
organizations (PEOs). PEOs handle various payroll ad-
ministration and tax reporting responsibilities for their
business clients and are typically paid a fee based on
payroll costs. To become and remain certified under the
certification program, certified professional employer or-
ganizations (CPEOs) must meet various requirements de-
scribed in sections 3511 and 7705 and related published
guidance. Certification as a CPEO may affect the employ-
ment tax liabilities of both the CPEO and its customers. A
CPEO is generally treated for employment tax purposes
as the employer of any individual who performs services
for a customer of the CPEO and is covered by a contract
described in section 7705(e)(2) between the CPEO and
the customer (CPEO contract), but only for wages and
other compensation paid to the individual by the CPEO.
However, with respect to certain employees covered by a
CPEO contract, you may also be treated as an employer
of the employees and, consequently, may also be liable
for federal employment taxes imposed on wages and
other compensation paid by the CPEO to such employ-
ees.
CPEOs must complete Schedule R (Form 940), Sched-
ule R (Form 941), or Schedule R (Form 943) when filing
an aggregate Form 940, 941, or 943. CPEOs file Form
8973 to notify the IRS that they started or ended a service
contract with a customer. To become a CPEO, the organi-
zation must apply through the IRS Online Registration
System. For more information or to apply to become a
CPEO, go to IRS.gov/CPEO. Also see Revenue Proce-
dure 2017-14, 2017-3 I.R.B. 426, available at IRS.gov/irb/
2017-03_IRB#RP-2017-14.
If both an employer and a section 3504 author-
ized agent paid wages to an employee during a
quarter, or if both an employer and a CPEO paid
wages to an employee during a quarter, both the em-
ployer and the section 3504 authorized agent (or the
CPEO, if applicable) should file Form 941 reporting theTIP
wages each entity paid to the employee during the appli-
cable quarter and issue Forms W-2 reporting the wages
each entity paid to the employee during the year.
How To Get Tax Help
If you have questions about a tax issue, need help prepar-
ing your tax return, or want to download free publications,
forms, or instructions, go to IRS.gov and find resources
that can help you right away.
Preparing and filing your tax return. Go to IRS.gov/
EmploymentEfile for more information on filing your em-
ployment tax returns electronically.
Employers can register to use Business Services On-
line. The SSA offers online service for fast, free, and se-
cure online Form W-2 filing options to CPAs, accountants,
enrolled agents, and individuals who process Forms W-2,
Wage and Tax Statement, and Forms W-2c, Corrected
Wage and Tax Statement. Employers can go to SSA.gov/
employer for more information.
Getting answers to your tax questions. On
IRS.gov, get answers to your tax questions any-
time, anywhere.
• Go to IRS.gov/Help for a variety of tools that will help
you get answers to some of the most common tax
questions.
• Go to IRS.gov/Forms to search for our forms, instruc-
tions, and publications. You will find details on 2019
tax changes and hundreds of interactive links to help
you find answers to your questions.
• You may also be able to access tax law information in
your electronic filing software.
Tax reform. Tax reform legislation affects individuals,
businesses, and tax-exempt and government entities. Go
to IRS.gov/TaxReform for information and updates on
how this legislation affects your taxes.
IRS social media. Go to IRS.gov/SocialMedia to see the
various social media tools the IRS uses to share the latest
information on tax changes, scam alerts, initiatives, prod-
ucts, and services. At the IRS, privacy and security are
paramount. We use these tools to share public informa-
tion with you. Don’t post your social security number or
other confidential information on social media sites. Al-
ways protect your identity when using any social network-
ing site.
The following IRS YouTube channels provide short, in-
formative videos on various tax-related topics in English,
Spanish, and ASL.
• Youtube.com/irsvideos.
• Youtube.com/irsvideosmultilingua.
• Youtube.com/irsvideosASL.
Publication 15 (2020) Page 45
Watching IRS videos. The IRS Video portal
(IRSVideos.gov) contains video and audio presentations
for individuals, small businesses, and tax professionals.
Getting tax information in other languages. For tax-
payers whose native language isn’t English, we have the
following resources available. Taxpayers can find informa-
tion on IRS.gov in the following languages.
• Spanish (IRS.gov/Spanish).
• Chinese (IRS.gov/Chinese).
• Korean (IRS.gov/Korean).
• Russian (IRS.gov/Russian).
• Vietnamese (IRS.gov/Vietnamese).
The IRS Taxpayer Assistance Centers (TACs) provide
over-the-phone interpreter service in over 170 languages,
and the service is available free to taxpayers.
Getting tax forms and publications. Go to IRS.gov/
Forms to view, download, or print most of the forms, in-
structions, and publications you may need. You can also
download and view popular tax publications and instruc-
tions (including Pub. 15) on mobile devices as an eBook
at no charge at IRS.gov/eBooks. Or you can go to
IRS.gov/OrderForms to place an order and have them
mailed to you within 10 business days.
Getting a transcript or copy of a return. You can get a
copy of your tax transcript or a copy of your return by call-
ing 800-829-4933 or by mailing Form 4506-T (transcript
request) or Form 4506 (copy of return) to the IRS.
Resolving tax-related identity theft issues.
• The IRS doesn’t initiate contact with taxpayers by
email or telephone to request personal or financial in-
formation. This includes any type of electronic com-
munication, such as text messages and social media
channels.
• Go to IRS.gov/IDProtection for information.
• If your EIN has been lost or stolen or you suspect
you’re a victim of tax-related identity theft, visit
IRS.gov/IdentityTheft to learn what steps you should
take.
Making a tax payment. The IRS uses the latest encryp-
tion technology to ensure your electronic payments are
safe and secure. You can make electronic payments on-
line, by phone, and from a mobile device using the
IRS2Go app. Paying electronically is quick, easy, and
faster than mailing in a check or money order. Go to
IRS.gov/Payments to make a payment using any of the
following options.
• Debit or Credit Card: Choose an approved payment
processor to pay online, by phone, and by mobile de-
vice.
• Electronic Funds Withdrawal: Offered only when filing
your federal taxes using tax return preparation soft-
ware or through a tax professional.
• Electronic Federal Tax Payment System: Best option
for businesses. Enrollment is required.
• Check or Money Order: Mail your payment to the ad-
dress listed on the notice or instructions.
• Cash: You may be able to pay your taxes with cash at
a participating retail store.
• Same-Day Wire: You may be able to do same-day
wire from your financial institution. Contact your finan-
cial institution for availability, cost, and cut-off times.
What if I can’t pay now? Go to IRS.gov/Payments for
more information about your options.
• Apply for an online payment agreement (IRS.gov/
OPA) to meet your tax obligation in monthly install-
ments if you can’t pay your taxes in full today. Once
you complete the online process, you will receive im-
mediate notification of whether your agreement has
been approved.
• Use the Offer in Compromise Pre-Qualifier to see if
you can settle your tax debt for less than the full
amount you owe. For more information on the Offer in
Compromise program, go to IRS.gov/OIC.
Understanding an IRS notice or letter. Go to IRS.gov/
Notices to find additional information about responding to
an IRS notice or letter.
Contacting your local IRS office. Keep in mind, many
questions can be answered on IRS.gov without visiting an
IRS Taxpayer Assistance Center (TAC). Go to IRS.gov/
LetUsHelp for the topics people ask about most. If you still
need help, IRS TACs provide tax help when a tax issue
can’t be handled online or by phone. All TACs now pro-
vide service by appointment so you’ll know in advance
that you can get the service you need without long wait
times. Before you visit, go to IRS.gov/TACLocator to find
the nearest TAC, check hours, available services, and ap-
pointment options. Or, on the IRS2Go app, under the Stay
Connected tab, choose the Contact Us option and click on
“Local Offices.”
The Taxpayer Advocate Service (TAS)
Is Here To Help You
What Is TAS?
TAS is an independent organization within the IRS that
helps taxpayers and protects taxpayer rights. Their job is
to ensure that every taxpayer is treated fairly and that you
know and understand your rights under the Taxpayer Bill
of Rights.
How Can You Learn About Your Taxpayer
Rights?
The Taxpayer Bill of Rights describes 10 basic rights that
all taxpayers have when dealing with the IRS. Go to
TaxpayerAdvocate.IRS.gov to help you understand what
Page 46 Publication 15 (2020)
these rights mean to you and how they apply. These are
your rights. Know them. Use them.
What Can TAS Do For You?
TAS can help you resolve problems that you can’t resolve
with the IRS. And their service is free. If you qualify for
their assistance, you will be assigned to one advocate
who will work with you throughout the process and will do
everything possible to resolve your issue. TAS can help
you if:
• Your problem is causing financial difficulty for you,
your family, or your business;
• You face (or your business is facing) an immediate
threat of adverse action; or
• You’ve tried repeatedly to contact the IRS but no one
has responded, or the IRS hasn’t responded by the
date promised.
How Can You Reach TAS?
TAS has offices in every state, the District of Columbia,
and Puerto Rico. Your local advocate’s number is in your
local directory and at TaxpayerAdvocate.IRS.gov/
Contact-Us. You can also call them at 877-777-4778.
How Else Does TAS Help Taxpayers?
TAS works to resolve large-scale problems that affect
many taxpayers. If you know of one of these broad issues,
please report it to them at IRS.gov/SAMS.
TAS also has a website, Tax Reform Changes, which
shows you how the new tax law may change your future
tax filings and helps you plan for these changes. The in-
formation is categorized by tax topic in the order of the
IRS Form 1040 or 1040-SR. Go to TaxChanges.us for
more information.
TAS for Tax Professionals
TAS can provide a variety of information for tax professio-
nals, including tax law updates and guidance, TAS pro-
grams, and ways to let TAS know about systemic prob-
lems you’ve seen in your practice.
Publication 15 (2020) Page 47
To help us develop a more useful index, please let us know if you have ideas for index entries.
See “Comments and Suggestions” in the “Introduction” for the ways you can reach us.Index
A
Accuracy of deposits rule 29
Additional Medicare Tax 24, 35
Adjustments 33
Aliens, nonresident 22, 25
Allocated tips 19
Archer MSAs 17
Assistance (See Tax help)
B
Backup withholding 7
Business expenses, employee 15
C
Calendar 8
Certified professional employer
organizations (CPEOs) 3, 45
Change of business address or
responsible party 7
COBRA premium assistance credit 10
Correcting employment taxes 35
Correcting errors (prior period
adjustments) 35
Criminal prosecution 31
D
Delivery services, private 7
Depositing taxes:
Penalties 29
Rules 25
Differential wage payments 17
Disaster tax relief 2
E
E-file 32
Election worker 10
Electronic deposit requirement 29
Electronic Federal Tax Payment System
(EFTPS) 29
Electronic filing 4, 32
Eligibility for employment 5
Employees defined 11
Employer identification number (EIN) 11
Employer responsibilities 6
E-news for payroll professionals 8
F
Family employees 13
Final return 32
Foreign persons treated as American
employers 25
Form 944 31
Fringe benefits 17
FUTA tax 36
G
Government employers 10
H
Health insurance plans 17
Health savings accounts (HSAs) 17
Hiring new employees 5
Household employees 31
I
Identity protection services 18
Identity theft 46
Income tax withholding 21
Information returns 5
International social security
agreements 25
L
Long-term care insurance 17
Lookback period 26
M
Meals and lodging 16
Medicaid waiver payments 3
Medical care 17
Medical savings accounts (MSAs) 17
Medicare tax 24
Mileage 16
Monthly deposit schedule 27
Motion picture project employers 25
Moving expense reimbursement 2
N
New employees 5
Noncash wages 16
Nonemployee compensation 7
O
Outsourcing payroll duties 3
P
Part-time workers 25
Payroll period 21
Payroll service provider (PSP) 44
Penalties 29, 32
Private delivery services (PDSs) 7
Publications (See Tax help)
Q
Qualified small business payroll tax
credit for increasing research
activities 2
R
Reconciling Forms W-2 and Forms 941 or
Form 944 33
Recordkeeping 7
Reimbursements 15
Repayments, wages 36
Reporting agent 44
S
Seasonal employers 31
Semiweekly deposit schedule 27
Severance payments 4
Sick pay 18
Social security and Medicare taxes 24
Social security number, employee 14
Spouse 13
Standard mileage rate 16
Statutory employees 12
Statutory nonemployees 12
Successor employer 24, 37
Supplemental wages 19
T
Tax help 45
Telephone help 8
Third-party payer arrangements 44
Third-party sick pay tax adjustment 34
Tip rate determination agreement 19
Tip rate determination and education
program 19
Tips 18, 21
Trust fund recovery penalty 30
U
Unemployment tax, federal 36
V
Vacation pay 21
W
Wage repayments 36
Wages defined 15
Wages not paid in money 16
Withholding:
Backup 7
Certificate 21
Exemption 22
Fringe benefits 18
Income tax 21
Levies 24
Nonresident aliens 25
Pensions and annuities 6
Social security and Medicare taxes 24
Tips 21
Z
Zero wage return 4
Page 48 Publication 15 (2020)