Payroll tax overpayment, no 941's filed: how to refund?

[kevin5]

The small payroll is usually exactly the same every quarter.  Quarterly EFTPS Payments toward 941 were made right on time last year (2022). 

Problem is that no payroll was made, and no 941's were filed.    There was actually Zero payroll.

If the four 941's are filed (zero $), will this be enough to get a refund of the paid in funds?  

[MaryK4]

Yes, but you will have to file a 941-X to claim the excess deposits.  

Employers correcting an overpayment must use the corresponding "X" form.  The "claim" process is used to request a refund or abatement of the overpayment.

[kevin5]

Do I file 941-X even though no 941's were filed?

[ThomasM125 · Accepted solution]

Filing the 941's will show the excess tax paid each quarter so that should result in a refund of the taxes paid in. You wouldn't need to amend the 941 forms since they would be accurate as filed, just filed late.