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944 vs 941 - ???

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    944 vs 941 - ???

    I have a client that has filed Form 941 for all of 2008, and made all his deposits. He recently got a notice (CP-080) from the IRS requesting he file a 944 to claim the 69K of credits he has sitting on account.

    I know you only file 944 if you are instructed to by the IRS or if you are TINY, which this guy isn't. It looks like they credited his 941 deposits to a 944. Any idea how to solve this one? Thanks!

    ATG
    "Congress has spoken to this issue through its audible silence."
    Anyone ever notice they beat the daylights out of the definition of a child, but they don't spend much time at all defining "parent"?

    #2
    The only way I know is to call the IRS at the number on the CP080...??
    This post is for discussion purposes only and should be verified with other sources before actual use.

    Many times I post additional info on the post, Click on "message board" for updated content.

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      #3
      Well,

      Originally posted by AuditorTurnedGood View Post
      I have a client that has filed Form 941 for all of 2008, and made all his deposits. He recently got a notice (CP-080) from the IRS requesting he file a 944 to claim the 69K of credits he has sitting on account.

      I know you only file 944 if you are instructed to by the IRS or if you are TINY, which this guy isn't. It looks like they credited his 941 deposits to a 944. Any idea how to solve this one? Thanks!

      ATG
      I have a client like that and the letter they sent him said "We received a Form 941 for the tax periods shown above. Since you are required to file Form 944, we will not process the Forms 941. Any payment you made for Form 941 will be transferred to your Form 944 account. The Form 944 for calendar year 2009 is due January 31, 2010." So we filed a 944 and took credit for payments made with 941s.

      I guess if I were you I'd file a 944. They actually did instruct him to file a 944 didn't they?

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        #4
        Got letter from IRS for client that said file 944, in 2007. I knew he would be over the amount so continued to file the 941's. Got letter from IRS, they said I should have filed the 944's so they could apply the payments. Got letters from IRS, that all was OK. Yesterday client brought in letter they still don't have it straighted out. sent back letter with copies of all prior corespondence. Why can't they accept the 941's instead of the 944. Client also brought in letter stating that they now MUST file on form 941. I thought like the 1040A, or 1040EZ, you can file them or the 1040. BUT NOT with the 844 or the 941. That stupid 944 has created a heck of a lot of paperwork. I hate it. Client also gets confused, where is the paperwork? Then, with out the paperwork I didn't think I had to pay. THEN the banks won't take the coupons anymore. They get letter from IRS, of course they assume I made the mistake.

        Jan

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          #5
          Since this year, or maybe 2009, clients have a choice not to file form 944 but 941. They need call or write a letter to IRS. The deadline is 4/1. I believe or something close to it.

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