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Form 941 Illinois Cook: What You Should Know

Only the amounts you paid on Form 941 or Form 944 should be treated as employer taxes on Form 943. You usually also need to determine whether you've paid the amount required by IL statute for an eligible individual, determined on Form 941, plus any other requirements of the statute or by voluntary contributions. These are discussed below; see Publication 503, Agricultural Employer's Federal Tax Withholding, or, if unsure, contact the IL State Comptroller's Office for assistance. You may not have withheld enough Illinois nonfarm wages from the nonfarm or farm employee to cover an employee's share of the employee share of withholding, either on the employer's return or on Form W-4. The employer, not you (or anyone else), should pay the employee's share of withholding from the employee share of the employee's wages to the employee's tax account, and remit IL withholding on the employee's return. The amount of the employee share of withholding will be included in the income to which it was apportioned or apportioned, as appropriate, using the method of apportionment prescribed by the statute. When the employer withholds only the portion required to be withheld from wages paid to nonfarm employees, the employee's share of withholding will be withheld as if withholding the entire amount of wages to which the statute requires a deduction. This treatment is described in the following table: Example 1 A owns a farm. Her husband rents the farm, and the rental income (which is not reported on Form 941 or Form 944) includes 2,500 in wages from a nonfarm employee and also includes 5,000 in interest. She estimates that she must withhold an additional 5% of the total amount of wages on Form 941 and 944. She remits 50% of the 5% of her gross wages shown on the Form 941 or 944, and covers 1/9 of the 5% by paying 1/8 of her wages on Form 941 or Forms 944. This is the apportionment method. She must pay 1,000 of her total wages on Form 941 or 944, and make the employer's 2% employer tax deduction (25% of 2,500) on Form 941. In this example, she does not meet the requirements for the employer tax and does not pay an Illinois nonfarm tax liability for the nonfarm employee (either required or voluntary).

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