2020 Instructions For Form CT-1 - Internal Revenue Service
2020Instructions for Form CT-1Department of the TreasuryInternal Revenue ServiceEmployer's Annual Railroad Retirement Tax ReturnSection references are to the Internal Revenue Code unlessotherwise noted.Future DevelopmentsFor the latest information about developments related toForm CT-1 and its instructions, such as legislation enactedafter they were published, go to IRS.gov/CT1.What's NewChanges to tax rates and compensation bases. For the2020 tax rates and compensation bases, see Employer andEmployee Taxes, later.Changes to Form CT-1 for coronavirus (COVID-19) related employment tax credits and other tax relief. Thefollowing significant changes have been made to Form CT-1to allow for the reporting of new employment tax credits andother tax relief related to COVID-19. The new credit for qualified sick and family leavecompensation is reported on line 16 and, if applicable,line 23. Qualified sick and family leave compensation isn'ttreated as compensation for the Tier 1 Employer tax (line 1).The qualified compensation is subject to the Tier 1 EmployerMedicare tax (line 2), Tier 1 Employee tax (line 4), Tier 1Employee Medicare tax (line 5), and Tier 1 EmployeeAdditional Medicare Tax (line 6). Qualified sick and familyleave compensation is subject to Tier 2 tax for both theemployer and employee (lines 3 and 7). Qualified sick leavecompensation and qualified family leave compensation arereported on lines 30 and 32, respectively. Qualified healthplan expenses allocable to sick and family leavecompensation are reported on lines 31 and 33, respectively.See the instructions for line 16 for information about the newcredit for qualified sick and family leave compensation. The new employee retention credit is reported on line 17and, if applicable, line 24. Qualified compensation (excludingqualified health plan expenses) for the employee retentioncredit is reported on line 34. Qualified health plan expensesallocable to the qualified compensation for the employeeretention credit are reported on line 35. Qualifiedcompensation for the employee retention credit is subject toTier 1 and Tier 2 taxes reported on lines 1 through 7. See theinstructions for line 17 for information about the newemployee retention credit. Employers, including government employers, can deferthe deposit of the Tier 1 employer taxes reported on lines 1and 8 that are due on or after March 27, 2020, and beforeJanuary 1, 2021, as well as payment due for these taxes oncompensation paid on or after March 27, 2020, and beforeJanuary 1, 2021. The amount of deferral is reported online 21. See the instructions for line 21 for more information. Employers could defer the withholding and payment of theTier 1 employee taxes reported on lines 4 and 10 oncompensation paid on or after September 1, 2020, andbefore January 1, 2021, but only if the amount ofcompensation for a biweekly pay period was less than 4,000 (or an equivalent amount for other pay periods). TheFeb 02, 2021amount of deferral is reported on line 22. See the instructionsfor line 22 for more information. Employers that requested an advance of the sick andfamily leave credit and/or the employee retention creditwould have filed a Form 7200, Advance Payment ofEmployer Credits Due to COVID-19. The amount of alladvances received from Forms 7200 filed for the year isreported on line 26. See the instructions for line 26 for moreinformation. The credit for qualified sick and family leave compensation(reported on lines 16 and 23) and the employee retentioncredit (reported on lines 17 and 24) are figured on Worksheet1.Notice 2021-11 modifies Notice 2020-65. Notice 2020-65,2020-38 I.R.B. 567, available at IRS.gov/irb/2020-38 IRB#NOT-2020-65, is referenced throughout theseinstructions. In response to section 274 of the COVID-relatedTax Relief Act of 2020, Notice 2020-65 was modified byNotice 2021-11. Notice 2021-11 is expected to be publishedin Internal Revenue Bulletin 2021-06.RemindersOutsourcing payroll duties. Generally, as an employer,you’re responsible to ensure that tax returns are filed anddeposits and payments are made, even if you contract with athird party to perform these acts. You remain responsible ifthe third party fails to perform any required action. Before youchoose to outsource any of your payroll and related taxduties (that is, withholding, reporting, and paying overincome taxes and taxes imposed by the Railroad RetirementTax Act) to a third-party payer, such as a payroll serviceprovider or reporting agent, go to IRS.gov/OutsourcingPayrollDuties for helpful information on this topic.For more information on the different types of third-partypayer arrangements, see section 16 of Pub. 15.Correcting a previously filed Form CT-1. If you discoveran error on a previously filed Form CT-1, make the correctionusing Form CT-1 X. Form CT-1 X is filed separately fromForm CT-1. For more information, see the Instructions forForm CT-1 X or go to IRS.gov/CorrectingEmploymentTaxes.Change of address. Use Form 8822-B to notify the IRS ofan address change.Federal tax deposits must be made by electronic fundstransfer (EFT). You must use EFT to make all federal taxdeposits. Generally, an EFT is made using the ElectronicFederal Tax Payment System (EFTPS). If you don't want touse EFTPS, you can arrange for your tax professional,financial institution, payroll service, or other trusted third partyto make electronic deposits on your behalf. Also, you mayarrange for your financial institution to initiate a same-daywire payment on your behalf. EFTPS is a free serviceprovided by the Department of the Treasury. Servicesprovided by your tax professional, financial institution, payrollservice, or other third party may have a fee.Cat. No. 16005H
the credit for qualified sick and family leave compensationand/or the employee retention credit. For more informationabout qualified sick and family leave compensation, see theline 1 instructions, later. For more information about thesecredits, see the line 16 and line 17 instructions, later.Because these credits are reported when the 2020 FormCT-1 is filed in 2021, a reduction in deposits of income taxwithholding as described above may have resulted in theissuance of a balance due notice and the imposition ofpenalties and interest when the Form 941 quarterly returnwas processed.To get more information about EFTPS or to enroll inEFTPS, go to EFTPS.gov, or call 800-555-4477 or800-733-4829 (TDD). Additional information about EFTPS isalso available in Pub. 966.Paid preparers. If you use a paid preparer to completeForm CT-1, the paid preparer must complete and sign thepaid preparer's section of Form CT-1.Additional information. For more information, see one ofthe resources discussed next. Pub. 15 contains information for withholding, depositing,reporting, and paying over employment taxes. Pub. 15-A contains specialized and detailed employmenttax information supplementing the basic information providedin Pub. 15. Pub. 15-B contains information about the employment taxtreatment of various types of noncash compensation. Pub. 915 contains the federal income tax rules for socialsecurity benefits and equivalent Tier 1 railroad retirementbenefits. The Railroad Retirement Board (RRB) website at RRB.govcontains additional employer reporting information andinstructions.If you reduced your deposits of employment taxesreported on Form 941 in anticipation of the credit for qualifiedsick and family leave compensation and/or the employeeretention credit for quarters in 2020, and this resulted in thoseamounts being included as a balance due in a notice, contactus as soon as possible by either (1) writing to the addressshown on your notice, or (2) calling the telephone numbershown on your notice. If you contact us in writing, include acopy of your notice and the amount of employment taxdeposits reported on Form 941 that you reduced inanticipation of the credit for qualified sick and family leavecompensation and/or the employee retention credit .Whether you owe tax, penalties, and interest will dependupon the credits properly claimed on Form CT-1.How to get forms and publications. You can download orprint some of the forms and publications you may need atIRS.gov/Forms. Otherwise, you can go to IRS.gov/OrderForms to place an order and have forms mailed to you.The IRS will process your order as soon as possible. Don'tresubmit requests you've already sent us. You can get formsand publications faster online.Who Must FileFor purposes of these instructions, all references toTIP "sick pay" mean ordinary sick pay, not “qualified sickleave compensation.”Where can you get telephone help? You can call the IRSBusiness and Specialty Tax Line at 800-829-4933 or800-829-4059 (TDD/TTY for persons who are deaf, hard ofhearing, or have a speech disability) Monday–Friday from7:00 a.m. to 7:00 p.m. local time (Alaska and Hawaii followPacific time) for answers to your questions about completingForm CT-1 or tax deposit rules.File Form CT-1 if you paid one or more employeescompensation subject to tax under RRTA.A payer of sick pay (including a third party) must file FormCT-1 if the sick pay is subject to Tier 1 railroad retirementtaxes. Include sick pay payments on lines 8–11 and, if thewithholding threshold is met, line 12 of Form CT-1. Follow thereporting procedures for sick pay reporting in section 6 ofPub. 15-A.Photographs of Missing ChildrenThe IRS is a proud partner with the National Center forMissing & Exploited Children (NCMEC). Photographs ofmissing children selected by the Center may appear ininstructions on pages that would otherwise be blank. You canhelp bring these children home by looking at the photographsand calling 1-800-THE-LOST (1-800-843-5678) if yourecognize a child.If a third-party payer of sick pay is also paying qualifiedsick leave compensation on behalf of an employer, the thirdparty would be making the payments as an agent of theemployer. The employer is required to do the reporting andpayment of railroad retirement taxes with respect to thequalified sick leave compensation and claim the credit for thequalified sick leave compensation unless the employer hasan agency agreement with the third-party payer that requiresthe third-party payer to do the collecting, reporting, and/orpaying or depositing railroad retirement taxes on the qualifiedsick leave compensation. If the employer has an agencyagreement with the third-party payer, the third-party payerincludes the qualified sick leave compensation on the FormCT-1 filed by the third party and claims the sick leave crediton behalf of the employer on Form CT-1.General InstructionsPurpose of Form CT-1These instructions give you some background informationabout Form CT-1. They tell you who must file Form CT-1,how to complete it line by line, and when and where to file it.Use Form CT-1 to report taxes imposed by the RailroadRetirement Tax Act (RRTA). Use Form 941, Employer'sQUARTERLY Federal Tax Return, or, if applicable, Form944, Employer's ANNUAL Federal Tax Return, to reportfederal income taxes withheld from your employees' wagesand other compensation.After you file your first Form CT-1, you must file a return foreach year, even if you didn’t pay taxable compensationduring the year, until you file a final return.Disregarded entities and qualified subchapter S subsidiaries (QSubs). Eligible single-owner disregarded entitiesand QSubs are treated as separate entities for employmenttax purposes. Eligible single-member entities that haven’telected to be taxed as corporations must report and payemployment taxes on compensation paid to their employeesusing the entities' own names and employer identificationIn accordance with Notice 2020-22, 2020-17 I.R.B. 664,available at IRS.gov/irb/2020-17 IRB#NOT-2020-22, youmay have reduced deposits of employment taxes otherwiserequired to be made that are reported on Form 941(generally, income tax withholding) in anticipation of claiming-2-Instructions for Form CT-1 (2020)
1. Certain employee achievement awards under section74(c),2. Certain scholarship and fellowship grants undersection 117,3. Certain fringe benefits under section 132, and4. Employer payments to an Archer MSA under section220 or health savings accounts (HSAs) under section 223. Stock or stock options. Payments made specifically for traveling or other bona fideand necessary expenses that meet the rules in theregulations under section 62. Payments for services performed by a nonresident alientemporarily present in the United States as a nonimmigrantunder subparagraphs (F), (J), (M), or (Q) of the Immigrationand Nationality Act. Compensation under 25 earned in any month by anemployee in the service of a local lodge or division of arailway-labor-organization employer.Exceptions for sickness or accident disabilitypayments. For purposes of employee and employer Tier 1taxes, compensation doesn't include sickness or accidentdisability payments made to or on behalf of an employee ordependents: Under a workers' compensation law, Under section 2(a) of the Railroad UnemploymentInsurance Act for days of sickness due to an on-the-jobinjury, Under the Railroad Retirement Act, or More than 6 months after the calendar month theemployee last worked.For purposes of Tier 2 taxes, compensation doesn'tinclude payments made to or on behalf of an employee ordependents under a sickness or accident disability plan or amedical or hospitalization plan in connection with sickness oraccident disability.numbers (EINs). See Regulations sections 1.1361-4(a)(7)and 301.7701-2(c)(2)(iv).Where To FileSend Form CT-1 to:Department of the TreasuryInternal Revenue Service CenterKansas City, MO 64999-0048When To FileFile Form CT-1 by March 1, 2021.DefinitionsThe terms “employer” and “employee” used in theseinstructions are defined in section 3231 and in its regulations.CompensationCompensation means payment in money, meaning currencyissued by a recognized authority as a medium of exchange,for services performed as an employee of one or moreemployers. It includes payment for time lost as an employee.A few exceptions are described later under Exceptions.Group-term life insurance. Include in compensation thecost of group-term life insurance over 50,000 you provide toan employee. This amount is subject to Tier 1 and Tier 2taxes, but not to federal income tax withholding. Include thisamount on your employee's Form W-2, Wage and TaxStatement.Former employees for whom you paid the cost ofgroup-term life insurance over 50,000 must pay theemployee's share of these taxes with their Form 1040, U.S.Individual Income Tax Return, or Form 1040-SR, U.S. TaxReturn for Seniors. You’re not required to collect those taxes.For former employees, you must include on Form W-2 thepart of compensation that consists of the cost of group-termlife insurance over 50,000. You must also separately reporton Form W-2 the amount of railroad retirement taxes owedby the former employee for coverage provided afterseparation from service. For more information, see section 2of Pub. 15-B and the General Instructions for Forms W-2 andW-3.Employer and Employee TaxesTax Rates and Compensation BasesTax RatesTier 1Timing. Compensation is considered paid when it is actuallypaid or when it is constructively paid. It is constructively paidwhen it is set apart for the employee, or credited to anaccount the employee can control, without any substantiallimit or condition on how and when the payment is to bemade.Any compensation paid during the current year that wasearned in a prior year is taxable at the current year's taxrates; you must include the compensation with the currentyear's compensation on Form CT-1, lines 1–12, asappropriate. An exception applies to nonqualified deferredcompensation that was subject to Tier 1 and Tier 2 tax in aprior year. See the rules for nonqualified deferredcompensation plans in section 5 of Pub. 15-A.Employer and Employee: Each pay 6.2%of first . . . . . . . . . . . . . . . . . . . . . . . . . . . 137,700Tier 1 MedicareEmployer and Employee: Each pay 1.45% of. .AllTier 1 Employee Additional Medicare TaxwithholdingEmployee: Pays 0.9% oncompensation exceeding . . . . . . . . . . . . . 200,000Tier 2Exceptions. Compensation doesn't include the following. Certain benefits provided to or on behalf of an employee ifat the time the benefits are provided it is reasonable tobelieve the employee can exclude such benefits fromincome. For information on what benefits are excludable, seePub. 15-B. Examples of this type of benefit include:Instructions for Form CT-1 (2020)CompensationPaid in 2020Employer: Pays 13.1% of first . . . . . . . . . . . . 102,300Employee: Pays 4.9% of first 102,300Employer Taxes. . . . . . . . . . . .Employers must pay both Tier 1 and Tier 2 taxes, except forthe Tier 1 Employer tax (line 1) on qualified sick and familyleave compensation and the Tier 1 Employee AdditionalMedicare Tax. Tier 1 tax is divided into two parts. Theamount of compensation subject to each tax is different. See-3-
funds first to the railroad retirement tax and then to federalincome tax. You don't have to pay employer railroadretirement taxes on tips.If, by the 10th of the month after the month you receivedan employee's tip income report, you don't have enoughemployee funds available to withhold the employee tax, youmay report the excess amount without withholding therelated tax. Include the tips your employees report to you onlines 4, 5, 6, and 7, even if you were unable to withhold theemployee's share of tax. Then report the uncollected Tier 1Employee tax, Tier 1 Employee Medicare tax, Tier 1Employee Additional Medicare Tax withholding, and Tier 2Employee tax on tips on line 14. See section 6 of Pub. 15.the table above for the 2020 tax rates and compensationbases.Concurrent employment. If two or more relatedcorporations that are rail employers employ the sameindividual at the same time and pay that individual through acommon paymaster that is one of the corporations, thecorporations are considered a single employer. They have topay, in total, no more in railroad retirement taxes than asingle employer would. See Regulations section31.3121(s)-1 for more information.Successor employers. Successor employers should seesection 3231(e)(2)(C) and Pub. 15 to see if they can use thepredecessor's compensation paid against the maximumcompensation bases.Depositing TaxesFor Tier 1 and Tier 2 taxes, you’re either a monthly scheduledepositor or a semiweekly schedule depositor. However, seethe 2,500 Rule and the 100,000 Next-Day Deposit Ruleunder Exceptions to the Deposit Rules, later. The terms“monthly schedule depositor” and “semiweekly scheduledepositor” identify which set of rules you must follow when atax liability arises (for example, when you have a payday).They don't refer to how often your business pays itsemployees or to how often you’re required to make deposits.Employee TaxesYou must withhold the employee's part of Tier 1 and Tier 2taxes. See the table under Employer and Employee Taxes,earlier, for the tax rates and compensation bases. See Tips,later, for information on the employee tax on tips.Withholding or payment of employee tax by employer.You must collect the employee railroad retirement tax fromeach employee by withholding it from employeecompensation. If you don't withhold the employee tax, youmust still pay the tax. If you withhold too much or too little taxbecause you can't determine the correct amount, correct theamount withheld by an adjustment, credit, or refundaccording to the applicable regulations.If you pay the railroad retirement tax for your employeerather than withholding it, the amount of the employee'scompensation is increased by the amount of that tax. SeeRev. Proc. 83-43,1983-1 C.B. 778, for information on how tofigure and report the proper amounts.If you were a monthly schedule depositor for the entireyear, complete the Monthly Summary of Railroad RetirementTax Liability in Part II of
Form CT-1 and its instructions, such as legislation enacted after they were published, go to IRS.gov/CT1. What's New Changes to tax rates and compensation bases. For the 2020 tax rates and compensation bases, see Employer and Employee Taxes, later. Changes to Form CT-1 for coronavirus (COVID-19) rela-ted employment tax credits and other tax .
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