You must file Form 943 for each calendar year beginning with the
first year you pay $2,500 or more for farmwork or you employ a
farmworker who meets the $150 test explained in section 4. Do not
report these wages on Form 941.
After you file your first return, each year the IRS will send you a
Form 943 preaddressed with your name, address, and EIN. If you do not
receive the preaddressed form, request a blank form from the IRS. If
you use a blank form, show your name and EIN exactly as they appeared
on previous returns.
Household employees.
If you file Form 943 and pay wages to household workers who work on
your for-profit farm, you may include the wages and taxes of these
workers on Form 943. If you choose not to report these wages and taxes
on Form 943, or if your household worker does not work on your
for-profit farm, report the wages of these workers separately on
Schedule H (Form 1040), Household Employment Taxes. If you
report the wages on Form 943, include the taxes when you figure
deposit requirements or make deposits. If you include household
employee wages and taxes on Schedule H (Form 1040), do not include the
household employee taxes when you figure deposit requirements or make
Form 943 deposits. See Pub. 926, Household Employer's Tax
Guide, for more information about household workers.
When to file.
Send Form 943, with payment of any taxes due that are not required
to be deposited, to the IRS by January 31 following the year for which
the return is filed (or February 12 if the tax was timely deposited in
full). Please note that there may be different addresses for filing
returns, depending on whether you file with or without a payment.
Penalties.
For each month or part of a month a return is not filed when
required (disregarding any extensions of the filing deadline), there
is a penalty of 5% of the unpaid tax due with that return. The maximum
penalty is 25% of the tax due. Also, for each month or part of a month
the tax is paid late (disregarding any extensions of the payment
deadline), a penalty of 0.5% of the amount of unpaid tax may apply.
The maximum amount of this penalty is also 25% of the tax due. The
penalties will not be charged if you have reasonable cause for failing
to file or pay. If you file or pay late, attach an explanation to your
Form 943. In addition, interest accrues from the due date of the tax
on any unpaid balance.
If income, social security, and Medicare taxes that must be
withheld are not withheld or are not paid, you may be personally
liable for the trust fund recovery penalty. See section 7.
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