26 C.F.R. § 31.6302-0   Table of Contents.


Title 26 - Internal Revenue


Title 26: Internal Revenue
PART 31—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Subpart G—Administrative Provisions of Special Application to Employment Taxes (Selected Provisions of Subtitle F, Internal Revenue Code of 1954)

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§ 31.6302-0   Table of Contents.

This section lists the captions that appear in §§31.6302–1 through 31.6302–3.

§31.6302–1 Federal tax deposit rules for withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) attributable to payments made after December 31, 1992.

(a) Introduction.

(b) Determination of status.

(1) In general.

(2) Monthly depositor.

(i) In General.

(ii) Special rule.

(3) Semi-weekly depositor.

(4) Lookback period.

(i) [Reserved]

(ii) [Reserved]

(c) Deposit rules.

(1) Monthly rule.

(2) Semi-Weekly rule.

(i) In general.

(ii) Semi-weekly period spanning two return periods.

(iii) Special rule for non-banking days.

(3) Exception—One Day rule.

(4) Deposits required only on banking days.

(5) [Reserved]

(6) [Reserved]

(d) Examples.

Example 6 [Reserved]

(e) Employment taxes defined.

(f) Safe harbor/De Minimis rules.

(1) Single deposit safe harbor.

(2) Shortfall defined.

(3) Shortfall make-up date.

(i) Monthly rule.

(ii) Semi-Weekly and One-Day rule.

(4) De minimis rule.

(i) De minimis deposit rule for quarterly and annual return periods beginning on or after January 1, 2001.

(ii) [Reserved]

(iii) [Reserved]

(5) Examples.

Example 3. [Reserved]

(g) Agricultural employers—Special rules.

(1) In general.

(2) Monthly depositor.

(3) Semi-weekly depositor.

(4) Lookback period.

(5) Example.

(h) Time and manner of deposit—deposits required to be made by electronic funds transfer.

(1) In general.

(2) Applicability of requirement.

(i) Deposits for return periods beginning before January 1, 2000.

(ii) Deposits for return periods beginning after December 31, 1999.

(iii) Voluntary deposits.

(3) Taxes required to be deposited by electronic funds transfer.

(4) Definitions.

(i) Electronic funds transfer.

(ii) Taxpayer.

(5) Exemptions.

(6) Separation of deposits.

(7) Payment of balance due.

(8) Time deemed deposited.

(9) Time deemed paid.

(i) Time and manner of deposit.

(1) General rules.

(2) Payment of balance due.

(3) Federal Tax Deposit (FTD) coupon.

(4) Procurement of FTD coupons.

(5) Time deemed deposited.

(6) Time deemed paid.

(j) Voluntary payments by electronic funds transfer.

(k) Special rules.

(1) Notice exception.

(2) Wages paid in nonconvertible foreign currency.

(l) [Reserved]

(m) Cross references.

(1) Failure to deposit penalty.

(2) Saturday, Sunday, or legal holiday.

(n) Effective date.

§31.6302–1T Federal tax deposit rules for withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) attributable to payments made after December 31, 1992 (temporary).

(a) through (b)(4)(ii) [Reserved]

(b)(4)(i) In general.

(ii) Adjustments.

(c)(1) through (c)(4) [Reserved]

(c)(5) Exception to the monthly and semi-weekly deposit rules for employers in the Employers' Annual Federal Tax Program (Form 944).

(c)(6) Extension of time to deposit rule for employers in the Employers' Annual Federal Tax Program (Form 944) during the preceding year.

(d) Examples 1 through 5 [Reserved]

Example 6. Extension of time to deposit rule for employers in the Employers' Annual Federal Tax Program (Form 944) during the preceding year satisfied.

(e) through (f)(4)(ii) [Reserved]

(f)(4)(iii) De minimis deposit rule for employers currently in the Employers' Annual Federal Tax Program (Form 944).

(f)(5) Examples 1 and 2 [Reserved]

Example 3. De minimis deposit rule for employers currently in the Employers' Annual Federal Tax Program (Form 944) satisfied.

(g) through (n) [Reserved]

§31.6302–2 Federal tax deposit rules for amounts withheld under the Railroad Retirement Tax Act (R.R.T.A.) attributable to payments made after December 31, 1992.

(a) General rule.

(b) Separate application of deposit rules.

(c) Modification of Monthly rule determination.

(1) General rule.

(2) Exception.

(d) Wire-transfer exception.

§31.6302–3 Federal tax deposit rules for amounts withheld under the backup withholding requirements of Section 3406 for payments made after December 31, 1992.

(a) General Rule.

(b) Treatment of backup withholding amounts separately.

(c) Example.

[T.D. 8436, 57 FR 44102, Sept. 24, 1992, as amended by T.D. 9239, 71 FR 14, Jan. 3, 2006]

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