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Old 01-12-2009, 07:28 AM
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does anyone know if i require to file 940 and 944 if i have no employee?

i own a smalled business generating a little income. it's incorporated but i have no employee. i only used contractor who i send 1099-misc. I would like to know do i still have to file 940 and 944? or i just ignor it?

any input would help. thanks! my deadline to file is 1-15-2009.

Jeans



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Old 01-12-2009, 10:36 AM
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Fortunately, you are not required to file these forms! These forms are only required when you have reported employees. In other words, you are paying them a paycheck and withholding their federal, state and social security/medicare taxes. For your information, Form 940 and 944 relate to the "Employer’s ANNUAL Federal Tax Return" both of which do not apply to your particular circumstances.

By the way, it is worth checking with your CPA to determine whether or not these consultants meet the definition of outside contractors and that you are not going to be subject to payroll taxes.

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