IRS Problem: I recently received 13 letters from the IRS regarding not filing Forms 940 and 941 from 2009-2011.

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IRS Problem: I recently received 13 letters from the IRS regarding not filing Forms 940 and 941 from 2009-2011.

Anonymous Nov 5, 2014 Business 2 views 4 answers

I ran a small pilot services company. I was a one woman show and did not have any employees during that time. My first 3 years in business my company did not make enough to pay myself a salary so I would file my tax return at the end of the year and let the profit fall through to my person taxes. My question is, was I required to file these forms even though I never had any employees? And if so, how should I handle the IRS in this situation? On the response form for the 941 form there is a section I can check saying that I did not think I was required to file the form for that tax period. One of the available choices is "I did not have employees during this time". If I checked this box, sign the form and returned the notice, would that be sufficient?

Robert Vondohlen · Answer 1 · 2026-06-15T12:36:14+00:00

Depends on how you structured your company and what paperwork you submitted. This might not be the best place to get the answers you need. 940 and 941 penalties can be extremely harsh (Cannot emphasize this enough.) Regardless of how you defend your position, you need to get on top of this quickly. Hire a tax attorney or a CPA/ enrolled agent to sort this out.

Robb Adam LongmanTax LawyerBethesda, MD · Answer 2 · 2026-06-15T12:36:14+00:00

It depends on several things. If no money was required to be withheld then yes you can simply check the box and see what happens. If that does not work you should discuss it with an attorney or CPA

Dana Atchley · Answer 3 · 2026-06-15T12:36:14+00:00

Generally speaking, if you had no employees during those years, then most likely checking that box could be the end of the matter. However - there's always a "however" where law is involved - employment tax penalties can be very nasty so I would recommend you speak with a tax professional who has handled employment tax collection matters before you go ahead and respond to the notices.

Ronald Cappuccio · Answer 4 · 2026-06-15T12:36:14+00:00

You did not state whether you are a LLC or Corporation. If you are operating as corporation, you will need to pay yourself a salary. I hope this helps! Ron Cappuccio

IRS Problem: I recently received 13 letters from the IRS regarding not filing Forms 940 and 941 from 2009-2011.

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