IRS Releases Updated Form 941 for Use in Obtaining HIRE Act Exemption

The Internal Revenue Service (IRS) has made available on its website a revised Form 941, (pdf) the Employer’s Quarterly Federal Tax Return, which can be used to claim the HIRE Act’s payroll tax exemption for wages paid to qualified employees. Signed into law on March 18, the Hiring Incentives to Restore Employment (HIRE) Act, among other things, relieves certain employers from their obligation to match the OASDI (Social Security) portion (typically 6.2% on the first $106,800 of wages for the calendar year) of FICA tax for certain workers hired after February 3, 2010 and before January 1, 2011, on wages paid March 19 through December 31, 2010. Those hired must attest that they have been “substantially” unemployed for at least 60 days prior to the date of hire.  The IRS has also provided instructions (pdf) for the new Form 941 to explain how this exemption can be claimed on the second quarter return.

Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.