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2022 IRS 940 for Carlsbad California: What You Should Know

Employer Reporting Requirements The following information is the law regarding employers who must file federal tax returns for each of their current and former employees. • Required reporting is in Table 3, “How to Complete Form 940;” Table 4, “How to Complete Form 940S;” and Table 5, “How to Complete Form 940EZ.” • Employers must report all employees who are more than one year outside the United States when completing the Form 940EZ if the employee worked in the United States for more than 50% of the year. • When determining the number of days that an employee was outside the United States, an employer must use the dates the employee's last day of work in the United States for this period, not the employee's normal working days. • In calculating the employee's hours worked outside the United States, the number of hours the employee did not work in the United States is used. The hours worked do not include time the employee spent on vacation or other compensate absence (i.e., a period of leave which is not attributable to any work performed on behalf of any employer). All hours must have been worked and used. Time, Effect of Extension — In general, extensions of time do not increase the tax due, and the employer cannot use such extensions for any purpose other than to compute the return of tax due. • Exceptions are: (1) any extension permitted by section 61(e), or the extensions of time for filing a return on a federal return pursuant to 35 U.S.C. 6214(c)(1)(A) or (B); and (2) an extension permitted by law during a period of extended unemployment that may have resulted from the same cause as the extension of time.   For example, such an extension may be taken to provide a temporary employee with unemployment insurance benefits.

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