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Do I have to file a Form 941 or 940 if I have no employees?

Sunnyvale, CA |

The IRS told me that I had to file a Form 941 or 940 by 1/31. They said this I assume because I wrote that I plan to have 5 employees. However, I have not had any. Do I just ignore the two forms then or is there somehting else I have to do?

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Attorney answers 1


It is always a bad move to ignore an IRS notice.

I would contact my tax advisor or accountant for advice. I would also contact the IRS to see if the notice can be retracted. A confirming letter to the IRS should be written if the IRS agrees to retract the notices. Alternatively, I would file the requested returns, showing no employees and no payment of income to any employee (assuming, of course, that this is true).