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Zoe Papanikolaou

How to File Zero 941s Retrospectively for an S Corporation with No Quarterly Payroll

So my S Corp only does an annual payroll in December, then we file the 941 in January. I just got a notice from the IRS saying they didn't have our 941 for the quarter ended June 2018. I called and quickly explained there was no payroll that quarter, which resolved the immediate issue. However, the IRS agent told me I need to file zero 941s for ALL quarters where we didn't have payroll (which is basically 27 quarters now). According to them, I need to submit these even though we only run payroll once annually. The agent said I can't do this through EFTPS since you can't enter zero for payroll. They suggested using paper forms and marking line 18 (for seasonal employees), but that doesn't seem right since we're not seasonal - we just choose to only do payroll once a year. Has anyone dealt with this before? Do I really need to file 27 paper forms? Is there an easier way to handle this? Any guidance would be super appreciated!

Jamal Wilson

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You absolutely need to file those quarterly 941s, even with zero payroll. This is a common misunderstanding with S Corps that do annual payroll. The proper way to handle this is indeed to file Form 941 for each quarter and check box 18, "If you're a seasonal employer..." The wording is confusing, but this box is intended for employers who don't have payroll every quarter - which is exactly your situation. Checking this box tells the IRS not to expect 941s from you during quarters when you have no wages to report. Moving forward, you should file a zero 941 for any quarter without payroll. You'll enter zeros for wages, withholding, etc., but you need to submit the form to avoid notices like the one you received.

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Mei Lin

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How far back does OP need to go with filing these forms? All 27 quarters? Seems crazy to file forms for that far back.

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Jamal Wilson

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IRS generally wants returns filed for all unfiled periods. In this case, yes, that would be all 27 quarters. It seems excessive, but it's better than getting repeat notices or potential penalties for non-filing. If filing all 27 at once seems overwhelming, start with the most recent 8-12 quarters and then work backward. That would at least get your current compliance in order. You could include a cover letter explaining your situation when sending them in.

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I've been there! I struggled with this EXACT problem with my small consulting S-Corp. I was going crazy with all the quarterly forms until I found taxr.ai (https://taxr.ai) which was a lifesaver for sorting out my form 941 nightmare. They analyzed my situation and showed me exactly how to handle the back-filing process efficiently. Their system even helped me draft a letter explaining my situation to the IRS, which was super helpful since I was worried about potential penalties. They also have templates for zero-reporting 941s which made filling out all those forms way easier.

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Amara Nnamani

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How long did it take for them to analyze your situation? I'm in a similar boat and need to get this resolved quickly.

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Does their system actually file the forms for you or just tell you how to do it? Because filing 27 forms seems like a lot of work no matter what.

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It was super quick - took them less than 24 hours to analyze everything and give me a specific action plan. Their response was thorough and included exactly which boxes to check and how to explain everything to the IRS. They don't file the forms for you - they provide guidance, templates, and instructions. You still need to print and mail the forms yourself. But they made the process much more efficient by showing me how to batch the filings and what specific language to use on the forms and in my cover letter to the IRS.

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Just wanted to update after trying taxr.ai - they were actually really helpful! Their AI reviewed my S-Corp situation and gave me a complete plan for filing all my missing 941s. The best part was their explanation about how to create a cover letter explaining my situation to avoid penalties. I was able to get all my forms organized and submitted last week. Much easier than I expected after I understood exactly what needed to be done. Definitely recommend if you're facing this same issue.

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NebulaNinja

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If you've been unable to reach the IRS to discuss this further, I'd suggest trying Claimyr (https://claimyr.com). I was in a similar situation with unfiled 941s and needed to speak with someone at the IRS urgently to confirm the right approach. After waiting on hold for hours multiple times, I found Claimyr and their service called the IRS for me and then connected me once they reached an agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c I was able to speak directly with a business tax specialist who confirmed I could file all my zero 941s at once with a cover letter explaining the situation. They also noted in my account that I was in the process of resolving the issue, which prevented further notices while I prepared all the forms.

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Wait, how does this even work? They just call and wait on hold for you? I'm confused.

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Sounds too good to be true. The IRS wait times are insane right now - like 2+ hours. You're saying this service somehow gets through faster?

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NebulaNinja

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Yep, that's exactly how it works. They have an automated system that calls and navigates the IRS phone tree, waits on hold, and then calls you once they reach a live person. You don't have to sit there listening to hold music for hours. No, they don't get through any faster - they just wait on hold so you don't have to. The wait times are the same, but the difference is you're free to do other things during that time. When I used it, the total wait was about 1 hour 45 minutes, but I only spent 20 minutes actually talking to the IRS once they connected me. Saved me a ton of time and frustration.

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Following up on my skepticism - I actually tried Claimyr last week and it worked exactly as described! I was absolutely certain it would be a waste of time, but I was desperate to talk to someone at the IRS about my 941 issues. The service called me back after about 2 hours with an IRS agent on the line. The agent confirmed I needed to file all my zero 941s and gave me specific instructions about including a cover letter. They also put a note in my file that I was actively resolving the issue, which should prevent any penalties while I get everything submitted. Seriously saved me hours of frustration and helped me get clear answers. Just wanted to share since I was wrong in my initial skepticism.

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Sofia Morales

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Just want to add that I'm a small business accountant, and this issue comes up with S Corps ALL THE TIME. While I agree with the advice about filing for all quarters, there are a few additional things to consider: 1. If you're only paying yourself once a year, you need to be sure it's a reasonable salary to avoid IRS scrutiny 2. Going forward, consider switching to quarterly payroll to simplify this 3. You might consider talking to a tax pro about form 944, which allows annual filing instead of quarterly 941s (though there are limitations

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Thanks for the insights. Can anyone actually qualify for Form 944? I thought there were strict limitations. Also, is there any penalty for the past unfiled 941s if they were all zero anyway?

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Sofia Morales

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Form 944 is limited to employers whose annual liability for social security, Medicare, and federal income tax withholding is $1,000 or less. For many S Corps with a single owner/employee taking reasonable compensation, this might not work if your salary exceeds certain thresholds. You also need to request and receive permission from the IRS to file annually instead of quarterly. Regarding penalties for unfiled zero 941s - technically the IRS can assess a failure-to-file penalty even for zero returns. However, in practice, if you proactively file the missing returns with a clear explanation letter, they often don't assess penalties. The key is to address it before they send you more notices or start an official inquiry.

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Dmitry Popov

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I don't think anyone mentioned this, but if you have professional tax software like UltraTax or Lacerte, they can batch generate all these forms for you. I had to do this for a client with 12 missing quarters and it saved a ton of time.

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Ava Garcia

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Not everyone has access to pro tax software tho. What about us DIYers? Any online options?

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Nina Chan

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I went through this exact situation with my S-Corp about 6 months ago! Had to file 20+ zero 941s after getting a similar notice. Here's what worked for me: 1. I did file all the back quarters on paper forms - yes, it's tedious but necessary 2. I checked box 18 on each form as others mentioned 3. Most importantly, I included a cover letter explaining that we only do annual payroll in December and that all other quarters have zero wages The key thing that helped me avoid penalties was being proactive. I called the IRS business line (using that Claimyr service someone mentioned - totally worth it to skip the hold time) and spoke to an agent who noted in my file that I was actively resolving the issue. Pro tip: You can download the PDF forms from the IRS website and fill them out electronically before printing. Makes it much faster than handwriting 27 forms. Also, consider sending them certified mail so you have proof of delivery. The whole process took me about 3 hours spread over a weekend, but it completely resolved the issue and I haven't gotten any more notices. Now I just file a zero 941 each quarter after December payroll.

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Ruby Blake

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This is really helpful, Nina! Thank you for sharing your experience. I'm curious - when you called the IRS and had them note in your file that you were resolving the issue, did they give you any specific timeframe for getting all the forms submitted? I'm worried about getting more notices while I'm working through filing all 27 quarters worth of forms. Also, did you file them all at once or break them up into batches? I'm wondering if sending 27 forms in one envelope might cause processing issues on their end.

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