ID Form 945-V 2017-2025

ID Form 945-V: What You Should Know

When an employer uses the Backup Withholding process to report nonage, the payer must also file a Form 945, Payment Voucher. The payer must file Form 945, Payment Voucher to avoid federal and/or state income tax withholding penalties. The return must be delivered within 30 days of the date the payment was due to be made, or within 30 days from the date the payment is received if the required tax is paid by the due date. The payer can avoid federal tax withholding on a nonage payment by filing a Form 1040NR, Quarterly Estimated Tax. The payer is responsible for the withholding on a payment, whether it's a Form 1040NR, a Form 1040, or a Form 2978. For more information, see Publication 944 or Tax Topic No. 656-B. If the amount of the backup withholding is less than the amount that would have been withheld, then the payer can claim a refund of any backup withholding tax. However, if the payee is required to file a Form 945, Payment Voucher, the payer is also responsible for paying any state alternative minimum tax (AMT), as described in the Instructions for Form 945, Payment Voucher. A payer cannot claim a refund of backup withholding if there is a failure of the nonage payment. The payer cannot claim a refund of backup withholding tax by filing a Form 1040NR, Quarterly Estimated Tax. The payer cannot include the backup withholding in the amount of the payment if the payee is required to file a Form 945, Payment Voucher. Payers who can use Form 945, Payment Voucher, but do not need to file Form 945-V (including the Payee, the payer's agent, or a payee that accepts nonage payments), are described below. The payment is exempt from federal income tax withholding. See the Form 945-V, Payment Voucher, for details. Mayors with Form 945-V and federal income tax withholding exemptions or exemptions, but who need to file Form 945-V, can use Form 945-V to report the exempt amount on their tax return, along with the required backup withholding payment from the Payee.

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