SECTION 4. PROCEDURES
Internal Revenue Bulletin 2009-45 · 2026-10-03 edition · updated 2026-10-04 · United States
.01 Qualified employers . Qualified employers are those with an estimated annual employment tax liability (that is, social security, Medicare, and withheld Federal income taxes) of $1,000 or less for the entire calendar year, except employers required to make a return on Form 943, Employer’s Annual Federal Tax Return For Agricul- tural Employees, or on Schedule H (Form 1040), Household Employment Taxes . The IRS may increase the amount of the estimated annual employment tax liability that qualifies employers to file Form 944 through a revenue procedure, notice, or other IRS guidance published in the Internal Revenue Bulletin.
.02 Requests to File Form 944 (i.e., opt in to filing Form 944) . Upon request by qualified employers, the IRS will notify employers in writing of their qualification to file Form 944. Employers may request to file Form 944 by contacting the IRS at the appropriate telephone number or mailing address identified in subsections .05 and .06 below, respectively, by the applicable due date identified in subsection .04 below. Employers must not file Form 944 unless they receive notification that they are eligible to do so. Employers who previously received notification of their qualification to file Form 944 must continue to file Form 944 unless the IRS notifies the employer that the employer no longer qualifies to file Form 944 or the employer opts out consistent with the procedures described below.
.03 Requests to File Forms 941 (i.e., opt out of filing Form 944) . Employers who previously were notified to file Form 944 but want to file Forms 941 instead must call or write the IRS stating that they want to opt out of filing Form 944 before the applicable due date, as indicated in subsection .04 below. Employers can find
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