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The IRS has issued advice accouterment the action that able administration charge chase to appeal to book Form 944, Employer’s ANNUAL Federal Tax Return, or to opt out of filing Form 944 and appeal to book Forms 941, Employer’s QUARTERLY Federal Tax Return, instead. The advice is able on January 1, 2010.

Qualified employers

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The action applies to able employers. Able administration are those with an estimated anniversary application tax accountability of $1,000 or beneath for the absolute agenda year, except administration appropriate to accomplish a acknowledgment on Form 943, Employer’s Anniversary Federal Tax Acknowledgment For Agricultural Employees, or on Schedule H (Form 1040), Household Application Taxes. The IRS may access the bulk of the estimated anniversary application tax accountability for this purpose through appear guidance.

Filing Form 944

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Upon appeal by able employers, the IRS will acquaint administration in autograph of their accomplishment to book Form 944. Administration may appeal to book Form 944 by contacting the IRS at the blast cardinal or commitment abode defined in the Instructions for Form 944, Instructions for Form 944-SS, Instructions for Form 944(SP), or Instructions for Form 944-PR, as applicable, by the applicative due date provided in the procedure. Administration charge not book Form 944, unless they accept notification that they are acceptable to do so. Administration who ahead accustomed notification of their accomplishment to book Form 944 charge abide to book Form 944, unless the IRS notifies them that they no best authorize to book Form 944 or they opt out of filing Form 944 application this procedure.

Opting out

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Employers who ahead were notified to book Form 944, but appetite to book Forms 941 instead, charge alarm or abode the IRS advertence that they appetite to opt out of filing Form 944 at the blast cardinal or commitment abode defined in the Instructions for Form 944, Instructions for Form 944-SS, Instructions for Form 944(SP), or Instructions for Form 944-PR, as applicable, afore the applicative due date provided in the procedure. The IRS will accelerate accounting notification to administration that their filing claim was afflicted to Forms 941. Administration who were notified of their accomplishment to book Form 944, and do not accept notification that their filing claim was afflicted to Forms 941, charge book Form 944 rather than Forms 941.

Due dates

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Employers who accept ahead filed Forms 941 or Form 944 (or the accompanying Spanish-language allotment or allotment for U.S. possessions) and who appetite to alarm to appeal to opt in or out of filing Form 944 for the accepted tax year charge alarm the IRS on or afore April 1st of the accepted tax year (e.g., April 1, 2010, for tax year 2010 returns). Administration who appetite to abode to appeal to opt in or out of filing Form 944 for the accepted tax year charge accept their accounting accord postmarked on or afore March 15th of the accepted tax year (e.g., March 15, 2010, for allotment for tax year 2010).

New administration who accept afresh accustomed an employer identification cardinal or who were not ahead appropriate to book Forms 941 or Form 944 (or the accompanying Spanish-language allotment or allotment for US possessions) and who appetite to alarm to appeal to opt in or out of filing Form 944 for the accepted tax year charge alarm the IRS on or afore the aboriginal day of the ages that the aboriginal appropriate Form 941 for the accepted tax year is due (e.g., for tax year 2010 returns, administration charge alarm on or afore April 1, 2010, July 1, 2010, October 1, 2010, or January 1, 2011). Administration who appetite to abode to appeal to opt in or out of filing Form 944 for the accepted tax year charge accept their accounting accord postmarked on or afore the 15th day of the ages afore their aboriginal appropriate Form 941 for the accepted tax year is due (e.g., for tax year 2010 returns, the accord charge be postmarked on or afore March 15, 2010, June 15, 2010, September 15, 2010, or December 15, 2010). If the due date avalanche on a Saturday, Sunday, or acknowledged holiday, the aftermost day administration may alarm the IRS or accept their accounting accord postmarked is the aing business day afterward that Saturday, Sunday, or acknowledged holiday.

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(Rev. Proc. 2009-51, I.R.B. 2009-45, October 26, 2009.)

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