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equimen
New Member

Should I file form 941 as S Corp for Q1?

Hey everyone!

 

I am a new LLC (incorporated last August) that elected S Corp status a couple months ago when I filed my 2019 return. I am very new to being self employed and didn’t pay myself a wage in 2019 or up until now in 2020, but I did pay for my family’s health insurance premiums through the business. I will be paying myself a salary this quarter 2. 

My question is the following: Do I still need to file a form 941 for Q1 even if I didn’t pay myself a salary and thus don’t owe Federal Income Tax, Medicare Tax, or Social Security Tax? I understand I would be very late in filing it but do I still have to? 

My second question: Can I file form 941 for Q2 (I shouldn’t owe more than $2,500 in taxes) in a few months and not get in trouble for not filing anything for Q1? 

I really appreciate any help! I’ve been trying to find answers to these questions for days and cannot seems to find anything that answers my concerns.

 

Thanks in advance! 

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6 Replies
Carl
Level 15

Should I file form 941 as S Corp for Q1?

You are required to file the 941 for any quarter that you paid wages to a W-2 employee - and that would include yourself since the owner of an S-Corp can also be a W-2 employee of that business. Unlike the RMD you are required to take each quarter, I would expect you to be a W-2 employee if you are also drawing a salary, or will be drawing a salary.

 

 

equimen
New Member

Should I file form 941 as S Corp for Q1?

Carl,

 

Thanks for the prompt reply! 

To explain myself better, I haven’t taken a wage yet but will in this Q2. Therefore, I know that I’ll have to file the 941 for Q2, but my question is the following: Even though I haven’t paid myself yet since incorporating, do I still have to file form 941 for Q1? I wouldn’t be reporting any wages on there. The only compensation in Q1 was health insurance premium paid by the business for myself as my own employee. 

Thanks again for any help! 

Carl
Level 15

Should I file form 941 as S Corp for Q1?

Since the health insurance premium you paid in 2020 will be shown on your 2020 W-2 when you issue it next year, in box 12 with a code of "DD", you did receive compensation in Q1. That compensation will be a SCH A deduction on your personal return. While it's a deductible expense for the S-Corp, it will only be a deductible expense for you on your personal return if the total of all your itemized SCH A deductions exceed your standard deduction. Chances are greater than 10% that won't happen, unless you have something such as a catastrophic and costly medical situation.

Now while you don't have to file the 941 for Q1, I would suggest that you do even if you only send the IRS $1. This is because at tax filing time your income is initially treated "as if" it was spread out over the entire 12 months with 1/4 of it received in the first quarter. With no 941 payment in the first quarter, it will be assumed you failed to pay first quarter and a penalty will be assessed.

But to work around that so no penalty is assessed, you would have to annualize your W-2 income and break it down by quarter. With $0 taxable compensation in that first quarter, that would eliminate the penalty. But why create additional paperwork for yourself at tax filing time? It would be simpler to just submit a 941 for that first quarter showing only your non-taxable compensation (which is the employee side of the insurance payment withheld from your W-2 pay) and the taxable compensation of $0, along with a payment of $1.

This way, the IRS already has the quarterly breakdown of taxable compensation on file before you even file the 2020 tax return.

 

Carl
Level 15

Should I file form 941 as S Corp for Q1?

As an addendum, your 941 Q-1 filing isn't late until after July 15, 2020. That first quarter filing was extended due to the pandemic.

 

Carl
Level 15

Should I file form 941 as S Corp for Q1?

On another thing too.

I just looked at the 941 for 2020. Line 2 is for "wages, tips and other compensation". Your health insurance payments are without question, "other compensation". So you will have a positive number in that box. Boxes 3-10 will more than likely be all zeros. But you "do" have compensation to report for the first quarter, weather it's taxable compensation or not.

See what I see at https://www.irs.gov/pub/irs-pdf/f941.pdf

 

equimen
New Member

Should I file form 941 as S Corp for Q1?

Carl,

 

That makes complete sense. Thanks so much for your help!

 

 

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