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FAQ - Form 870

What is the purpose of Form 870?
The Form 870 returns and reports were used to make certain tax and information decisions: In determining if a tax return of a corporation was properly filed, by determining if the corporation was liable for US federal income tax and the amount of tax due and collected; In issuing refund checks to customers; In determining if tax returns were improperly prepared for purposes of refunding the tax liability; In determining certain income tax credits available because of certain deductions claimed or items included when determining federal income tax liabilities under the Internal Revenue Code (i.e., earned income tax credit, child tax credit, etc.); and In determining if the corporation was in default in payment of sales or use tax for a period of up to four years. What information is available on Form 870, “Internal Revenue Service Return for Certification of Status” (PDF)? An IRS Form 870, “Internal Revenue Service Return for Certification of Status” (see PDF for the complete form text), includes the income tax withheld and payable, withholding on wages, wages above the minimum wage (which may include overtime for the employer or employees), employee social security benefits (i.e., health insurance, retirement, retirement annuities, etc. in addition to employer-provided social security benefits) and employment taxes withheld. How do I determine taxes due for Form 870? The Form 870 tax return provides the instructions for paying a tax in a timely manner (see IRS Publication 521, “Payment of Federal and State Taxes”) from which the employer can deduct either a tax or a penalty (if any). The following instructions may assist taxpayers in determining if a Form 870 should be filed: Under what circumstances are Form 870 available? If a federal, state, or foreign tax liability is determined, an employer must file the Form 870, along with Form 1040 tax return (if applicable) and information return. See IRS Publication 521, “Payment of Federal and State Taxes,” and IRS Form 5329, “Social Security and Medicare Information Return.
Who should complete Form 870?
Include any employer that can show the following information to verify employment of you, your spouse, or your dependents at some time during the tax year, even if such employment occurred in a foreign country: Employee identification number or Social Security number of the employee; Date employment began and end dates; Name of employer; County or City; Employer's physical address and telephone number Date of filing (if you filed a Form 870 from Puerto Rico); Type of employment Whether full- and part-time; Number of hours worked and duration; Deductions made; Amount paid For more information on the requirements for filing Form 870, please reference the Instructions for Form 870, Sample Instructions for Form 870 — U.S. Individual Income Tax Returns. Note You must include any information required by the Form 870 in your Form 1040NR. If you are filing your return with the help of a computer substitute (other than the website), you must use Form 1040NR-EZ, U.S. Individual Income Tax Return Use Form 1040NR-XE. Other documents you need In addition to the documents shown above, you must also file Form 941, and Form 943. Also, if filing Form 940 or Form 870, you must have one statement that states your U.S. source income, Form 1099; and Form W-2. You can also include Schedule C with your Form 1040. This allows the tax department to calculate the tax on your U.S. source income. You have the option to complete and submit these additional forms, with any necessary documentation, on your return. Form W-2 must be received by May 12th of the following tax year. Exceptions to the filing obligation You may be able to obtain certain tax benefits without filing Form 1040.
When do I need to complete Form 870?
The IRS may begin to tax the dividends or capital gains that you receive from an S corporation on December 31 or December 15 of each year. The next year, the tax year begins again. For example: If an S corporation begins January 1, 2018, the dividends or capital gains will be taxed on January 1 of each year. That means the corporation's tax year must be from January 1, 2018, through December 31, 2019. You can use Form 860, S Corporation Annual Payment and Distribution Tax Return, to schedule the dividends or capital gains if you want to receive them in January 2018. For information on filing Form 860, see Form 860, S Corporation Annual Payment and Distribution Tax Return. If you need information on Form 860, see Publication 587, Annual Corporate Income Tax Return: 2017 (P.L. 115-178). Can I receive the dividends or capital gains from an S corporation during a year of hardship? Generally, you don't have to file Form 870, Form 860, or any other returns to receive the dividends or capital gains from an S corporation. However, you cannot receive the dividends or capital gains from an S corporation during a year if you: Are incarcerated during the year; Are in the Navy during the year; Are attending educational or military training programs outside the United States during the year; Are a citizen of an international organization or a national of a foreign government; or If you are an active duty member of the U.S. armed forces and are on official duty outside the United States during the year, the distribution must be made to your nearest U.S. service member unit or base and not an S corporation's U.S. office. See page 2. However, if the distribution must be sent to an S corporation's U. for distribution office, see Tax Bulletin 2016-36, Distributions Withholding to Service Members. If a corporation (or a partnership), partnership agreement, or trust, receives money from an S corporation and pays dividends and capital gains in the same year, you usually file Form 870 to take those distributions into account. Are you required to file a federal estate tax return if you receive the dividends from an S corporation? Yes.
Can I create my own Form 870?
I have my own computer and I can use my own software. Can I create my own Form 870? Yes, as long as you meet the following criteria. You need to complete a Form 1678. (Form 1678 is a blank form you can fill out with your own information and information obtained from the IRS.) You must supply the information shown on Form 870 to substantiate to the IRS your deductions on Form 870. You must have worked for the same employer within the last three year of the year you received Form 870 and the year you receive Form 870. If the taxpayer received more than one Form 870 (for two years at a time), only the last to be received by the taxpayer is valid. (This is true even if that Form 870 is a duplicate of another Form 870.) If the taxpayer worked for a different employer the number of employees on record for the two years preceding the year the taxpayer received the Form 870 depends on which Form 870 you received, and can be found on the Form 870 instructions. You must apply all non-refundable and non-refundable credit and refundable taxes paid for the calendar year during which you are filing the Form 870. For example, if you received a Form 870 for the year and have to file a separate Form 870 for each subsequent year, the refundable part of your income taxes for the three years before the year you filed your Form 870 would be included in the three-year period, not the one the taxpayer actually lived in. You must apply all refundable credits (for which it is not allowable to claim the 7200 credit on Form 870) from the prior year. You must use the same form for each year for which you wish to file Form 870 and each year for which you wish to claim any federal interest. If you file a form for the year for which you want to file Form 870, but your claim is for a refund for one or more years in a row, you must show each refundable part separately. For example, if you filed Form 870 for the year, but also filed a Form 870 claiming a refund of the prior year, you must show those two forms in their entirety. If you file a form for the year but want to claim two or more refundable credits for the same year, each credit separately must be shown.
What should I do with Form 870 when it’s complete?
Fill out this form and mail it to: Information Reporting Internal Revenue Service Office of the Chief Counsel P.O. Box 16500 Atlanta, GA 30348 Form 870, Application for Taxpayer Identification Number (Form 890 or 890-EZ), is a one-page document. When completed the form will provide your IRS information, name, address, tax identification number and taxpayer ID number, among other information. If the employer does not provide their employee's tax identification number, Form 870 is not needed. The Form 870 is not used to verify and provide the employer's information to the IRS. You can complete the 870 on your own at your own will. How do I send in Form 870 or 890-EZ? You can send Form 890 or Form 890-EZ and either a copy with your regular tax return or a copy of your tax return. How long does form 870 take to process? Processing time depends on the number of employees you have in the company. A Form 870 is processed for each filing year in which a filing is made. An employer will not be deemed to “have withheld any social security taxes” if it has not actually withheld the money from the employee's pay. The time it takes for processing an 870 depends on the type of information requested, the complexity of the information and the complexity of the question being asked. The time it takes to process Form 870 is calculated separately for each year in which a Form 870 is received. However, the processing time cannot exceed the time it took to process the prior year's Form 870. Why is my Form 870 or my 890 not in good condition or not available from the IRS? If your Form 870 or 890-EZ is not available from the IRS, you can download it and make it available to the IRS for processing on-line, over the phone or by mail. Please contact the IRS at. Can I use Form 870 or 890-EZ to apply for unemployment (or other forms of unemployment)? Yes, but be sure to give proof of employment, such as a payslips or your letter from the company.
How do I get my Form 870?
You should receive your Form 870 from the IRS in the mail within 30 to 60 days after filing your return. The IRS uses your Form 870 to compute your refund and to make sure that we haven't sent your return to the wrong address on your behalf. We also send Form 870s to people who submit their return electronically, which happens when they sign a payment agreement or complete electronic FAFSA (Free Application for Federal Student Aid, for students who don't qualify for student loans). Since you'll get your Form 870 in the mail after we do our tax-related checks, it will automatically be ready to upload to the IRS for processing when it's due. Why should I use Form 870? You can use Form 870 for your tax return if You have more income because of: a) non-employment, or b) net business income. This must be net interest, dividends, partnership and other profit from your business (such as from a partnership), less: c) expenses required to report that tax. For example, you'll report any income that you earn from rental real estate, interest, royalties, etc. but don't itemize your deductions, or. d) net self-employment income less f) other tax payable. You should use Form 870 to figure your refund and to report other tax-related information because we can't electronically input your social security number on Form 1040. For more information on all the items we check on Form 870, call us at. It's also a good idea for you to use Form 870 in the event of changes in your tax return that could affect your tax refund; for example: a change in your gross income you hadn't considered before (such as when you have an increase in income from self-employment or interest earnings or net income from self-employment). To get your Form 870, make sure you get it at least as late as your last tax return because it goes into effect only after we have received that return. If we have received your return earlier than the due date, we won't get your Form 870 until after the tax deadline. I got my Form 870 as a gift, why can't I claim my gift tax credit? You can claim a federal gift tax credit of up to 14,000 per year per qualifying gift.
What documents do I need to attach to my Form 870?
If the person you are reporting as a dependent can't sign, you will need a signed copy of the form with your own signature. How do I attach an election declaration to IRS Form 870? You may attach a statement of election form to Form 870; however, you may attach another statement to Form 870. See the instructions for Form 870 for more information. What do I need to use for a statement of election? You need to attach your Election Statement to the form. How do I get a vote by mail ballot on election day? Complete Form SS-7, Vote by Mail Ballot for an Election That Has Already Occurred, to get a ballot for an election you have already voted in. When can I bring a voting machine? Voting machines are not allowed until you have voted by mail and received your vote confirmation email. What do I do if I can't get a voting machine on election day? If you can't get a voting machine, you must provide a statement explaining why you can't have a voting machine. See the instructions on Form SS-7, Vote for an Election that Has Already Occurred, for more information. How can I vote on election day? When you vote at a polling place on election day, make sure that the voting booths you enter are for your party. If you don't know which booth to enter, ask a poll worker. You must put your name and party (change party) on the ballot before you turn over a ballot. A poll worker may check your signature before each ballot is read. Is it too late to vote on election day? No it is not. You still have time to go to early voting sites or your precinct if you are voting at 8:00 AM or 8:00 P.M. on election day. When does early vote end? Early voting ends the last day to vote at the designated Early Voting sites or your precinct at 5:00 p.m. on Election Day if you are a resident of the precinct where eligible voters are encouraged to vote. If you have completed your registration, you will receive an email confirmation that your name has been submitted to the system. To receive your voting materials, you must get in line at the time listed to vote. You may not vote online or by fax.
What are the different types of Form 870?
You can get the Form 870 that's approved for your situation. We'll mail it to you. What's the name of your state income tax agency? The state tax agency that serves your area. For more information Check with the tax agency that serves your area to know how to get the state tax return form.
How many people fill out Form 870 each year?
For 2009, the most recent year for which statistics are available, the maximum number of employees subject to payroll tax was 2.5 million people, or 5.8 percent of all workers. An additional 9.4 million, or about 9 percent of all workers, were considered full-time employees, or 40 percent of payroll taxes paid. The remainder of those with employer-provided health insurance are considered part-time workers. Where does money for Social Security and Medicare come from? The federal government takes in tax revenues for health care with a variety of sources for the most part, including income, payroll taxes (including income, payroll, and capital gains taxes), and consumption taxes. With the Affordable Health Care Act, as of January 2010, Medicare is also being covered in part with income tax. For 2010, the federal government's projected budget deficit is 1.3 trillion. The U.S. Treasury will need to increase the size of its deficit reserve accounts from 1.45 trillion in 2009 to just under 3.6 trillion in 2011. The deficit will rise because of the additional spending that Medicare is expected to require in 2015 as scheduled. However, many economists believe that the federal health care plan, the Affordable Care Act, will provide an opportunity for cutting federal health care spending (this is called a “stimulus”) as it increases spending on Medicare. Medicare spending is expected to increase by about 1.55 percent a year and by 2.42 percent in 2010. In the first year, the federal government will spend 621 billion in Medicare benefits on about 5.8 million people. This is compared to 613 billion spent on health care for the same population on health care premiums and self-funded insurance for 4.5 million people in 2009. The government is currently paying nearly 80 cents on every Medicare dollar spent on health care. Medicare spending was 329.6 billion in 2010 and health care premiums cost 137.3 billion on 2.8 million people (about 17 percent of Medicare recipients) The Affordable Care Act will lower spending on Medicare and health care premiums and self-funded insurance. Because the rate of spending per Medicare beneficiary will be reduced, the deficit will still be about 1.3 trillion for FY11. With the increase in Medicare's spending, a few percentage points have to be added to the projected deficit through 2015 to account for inflation.
Is there a due date for Form 870?
You may submit Form 870 on any tax year. The due date is usually 15 days prior to the month (or, in the case of Form 870-ESA, 20 days prior to the due date for the return you are claiming the credit for) on which the return/certification is due. What are the qualifications to be able to file Form 870? You can file Form 870 on behalf of other people and organizations if you are a U.S. person and can meet the following requirements: The organization must not be a qualified organization which has a certificate from IRS that you may request to be considered as a bona fide U.S. taxpayer; And The organization must not have filed Form 1120 for the business/organization (for example, an organization that pays taxes to a local, state, or federal government that the organization has paid income tax to and which tax code requires it to pay income tax to); And You must certify in Form 870-A that they have a bona fide U.S. taxpayer status and have a certificate from IRS showing that you can file as a U.S. taxpayer. How do I file my IRS Form 870-A? You may file your tax return for any calendar year by completing IRS Form 4868, Request for U.S. Tax Return Transcript. Where is my Form 870? The required Form 870 is mailed to the address identified on the form. The IRS will not accept a Form 870-ESA to replace a previous Form 870 in case you need the form when filing an amended return. What are my obligations before filing my return? You must begin the return processing process prior to the due date for filing it, or as close to that date as possible. If I use my Form 1040EZ or Form 1040A, do I have to file my Form 870? If your return has errors, you must file Form 870 as soon as possible since you will receive a statement from the IRS and the results of any audits.
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