A late Form 941 or Form 940
A late return has its own penalty, separate from a late deposit.
What happens if Form 941 or Form 940 is filed late?
A late return carries its own penalty, even when the deposits were on time (26 U.S.C. § 6651). Form 941 is due each quarter and Form 940 once a year.
The problem
Form 941 is due each quarter and Form 940 once a year. A return filed late carries a penalty of its own, even if the deposits were on time.
How StartEase manages it
- The compliance calendar lists the return due dates next to the deposits.
- Reports & forms gives the quarterly and yearly totals you need for each return.
- Each filing has a history, so you can see what was filed and when.
- Where a Managed payroll company signed IRS Form 8655 and chose it, StartEase files for it as its authorized agent. Otherwise the company files, using the totals from the reports.
What the law says
A return that is filed late is charged a penalty, separate from the penalty for late deposits.
Sources (government sites):
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