SECTION 2. BACKGROUND

.01 Section 31.6011(a)–8 of the Employment Taxes and Collection of Income Tax at Source Regulations provides that the Commissioner may authorize the use, at the option of the person required to make a return, of a composite return in lieu of any form specified in 26 C.F.R. Part 31 (Employment Taxes and Collection of Income Tax at Source), subject to the conditions, limitations, and special rules governing the preparation, execution, filing, and correction thereof as the Commissioner may deem appropriate.

.02 For purposes of this revenue procedure, an electronically filed Form 941 is a composite return consisting of the electronically transmitted Form 941 data and a Form 4996, Electronic/ Magnetic Media Filing Transmittal for Wage and Withholding Tax Returns. Form 4996 must be received by the Internal Revenue Service before any electronically filed return is complete. An electronically filed return must contain the same information as a return filed completely on paper.

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FAILURE TO TIMELY FILE A RETURN SECTION 19. FILING FORMS W–4

WITH THE INTERNAL REVENUE SERVICE SECTION 20. FILING FORMS W–2

(COPY A) WITH THE SOCIAL SECURITY ADMINISTRATION SECTION 21. INTERNAL REVE

NUE SERVICE CONTACT SECTION 22. EFFECTIVE DATE

.03 Section 31.6011(a)–7 provides that each return, together with any prescribed copies or supporting data, must be filled in and disposed of in accordance with the forms, instructions, and regulations applicable thereto. The return may be made by an agent in the name of the person required to make the return if an acceptable power of attorney is filed with the Internal Revenue Service office with which such person is required to file returns and if such a return includes all taxes required to be reported by such person on such return. Form 8655, Reporting Agent Authorization for Magnetic Tape/Electronic Filers, is an acceptable power of attorney, if prepared in accordance with the requirements set forth in Rev. Proc. 96–17, page 00, this Bulletin.

.04 Section 31.6061–1 provides that the return may be signed for the taxpayer by an agent who is fully authorized in accordance with § 31.6011(a)–7 to make such return. An Agent may sign the Form 941 on behalf of a taxpayer who has a valid Form 8655 on file with the Service.

.05 Section 31.6071(a)–1 generally provides that each return required to be made under § 31.6011(a)–1 for taxes imposed by the Federal Insurance Contributions Act, or required to be made under § 31.6011(a)–4 for withheld income taxes, must be filed on or before the last day of the first calendar month following the period for which it is made. However, under § 31.6071(a)– 1 a return may be filed on or before the 10th day of the second calendar month following such period if timely deposits under § 6302(c) of the Internal Revenue Code and the regulations thereunder have been made in full payment of such taxes due for the period.

.06 The Service has conducted a test of the electronic filing of Forms 941 in Electronic Data Interchange (‘‘EDI’’) format developed by the American National Standards Institute.

.07 Procedures for the magnetic filing of Form 941 are in Rev. Proc. 96– 18, page, this Bulletin, and the specifications are in Publication 1264, File Specifications, Processing Criteria and Record Layouts for Magnetic Tape Filing of Form 941, Employer’s Quarterly Federal Tax Return.

.08 The submission of federal tax deposit (‘‘FTD’’) information on magnetic tape is addressed in Rev. Proc. 89–48, 1989–2 C.B. 599. For taxpayers

ING PROCEDURES SECTION 12. REVISION OF COM

PUTER SPECIFICATIONS BY THE SERVICE SECTION 13. ADVERTISING

STANDARDS FOR A REPORTING AGENT SECTION 14. REASONS FOR

SUSPENSION SECTION 15. ADMINISTRATIVE

REVIEW PROCESS FOR PROPOSED SUSPENSION SECTION 16. EFFECT OF

SUSPENSION SECTION 17. APPEAL OF

SUSPENSION

who are required to make FTDs by electronic funds transfer pursuant to § 6302(h), the submission of the FTD information along with the transfer of funds is addressed in Rev. Proc. 94–48, 1994–2 C.B. 694.