Upon renewal, IRS will provide an update on the status of the changes requested by public commenters.
Inventory as of this Action
Requested
Previously Approved
12/31/2018
36 Months From Approved
12/31/2017
38,861,546
0
37,810,463
402,024,858
0
388,256,964
0
0
0
Form 941 is used by employers to report payments made to employees subject to income and social security/Medicare taxes and the amounts of these taxes. Form 941-PR is used by employers in Puerto Rico to report social security and Medicare taxes only. Form 941-SS is used by employers in the U.S. possessions to report social security and Medicare taxes only. Schedule B is used by employers to record their employment tax liability. The Form 8974 was developed to determine the portion of the elected amount that can be claimed for the quarter on the Form 941.
US Code:
26 USC 3111(d)
Name of Law: Rate of tax
US Code:
26 USC 3501
Name of Law: Collection and payment of taxes
US Code:
26 USC 3102
Name of Law: Deduction of tax from wages
US Code:
26 USC 3405
Name of Law: Special rules for pensions, annuities, and certain other deferred income
US Code:
26 USC 3504
Name of Law: Acts to be performed by agents
US Code:
26 USC 3101
Name of Law: Rate of tax
US Code: 26 USC 3511 Name of Law: Certified professional employer organizations
There has been an addition to burden from the previously approved burden by OMB. The Protecting Americans from Tax Hikes (PATH) Act allows a qualified small business to elect a portion of the research credit against payroll taxes. Internal Revenue code section 3111(f) allows the amount of the credit for the quarter up to the total amount of the employer’s share of the social security tax. Any unused credit can be carried forward to the next quarter. The Form 8974 was developed to determine the portion of the elected amount that can be claimed for the quarter on the Form 941. The result of the addition of Form 8974 is an increase to the number of filers by 20,000 and overall increase in burden of 55,000 burden hours.
Additionally the PATH Act has added line items on the Forms 941-X and 941X-PR and has increased the time burden associated with the completion of the Forms by 1.96 and 2.26 hours respectively. The additional time needed to complete the Forms causes an increase in total burden of 196,000 and 147,000 hours , respectively.
The total changes due to the PATH Act are increase in filers of 20,000 and increase in burden hours of 398,000.
There are increases to the number of 941, Sch. B, 941-PR and 941-SS Forms filed so to present more accuracy the number of responses have been updated resulting in an increase of 1,031,083 filers and increased burden hours of 13,369,894 hours.
$12,235,028
No
Yes
Yes
No
No
No
Uncollected
D Decasseres 2029274268
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.