941-X: 5a. Certifying Claims, Form Instructions (revised 2024)

941-X: 5a. Certifying Claims, Form Instructions

The “Certifying Claims” section is listed as question #5a under Part 2 of Form 941-X, which is needed to claim the employee retention tax credit. Instructions are below for the  Certifying Claims section.

Key 941-X Tax Form Takeaways:

  • Importance of Accurate Certification: Ensure accurate certification on Form 941-X, especially for overreported taxes including social security and Medicare, to qualify for appropriate refunds or credits.
  • Employee Reimbursement Requirement: It’s crucial to have reimbursed employees for overcollected social security and Medicare taxes, backed by written statements from them, confirming they haven’t claimed these refunds elsewhere.
  • Record Keeping: Maintain employment tax records for at least four years, and for some specific wages and credits, retain records for six years, as these are vital for compliance and potential IRS audits.

See Important 2024 Employee Retention Tax Credit Deadline Information at the Bottom of This Article.

Form 941-X:

5a. Certifying Claims

Part 2: Complete the certifications.

5. If you checked line 2 because you’re claiming a refund or abatement of overreported federal income tax, social security tax, Medicare tax, or Additional Medicare Tax, check all that apply. You must check at least one box. 

I certify that:

a. I repaid or reimbursed each affected employee for the overcollected social security tax and Medicare tax. For claims of employee social security tax and Medicare tax overcollected in prior years, I have a written statement from each affected employee stating that he or she hasn’t claimed (or the claim was rejected) and won’t claim a refund or credit for the overcollection.

Adjusted Employer’s QUARTERLY Federal Tax Return or Claim for Refund

Part 2, “5a. Certifying Claims“ from Form 941X published by the Department of the Treasury – Internal Revenue Service (IRS), OMB No. 1545-0029, revised in April 2022.

Instructions for Form 941-X:

5a. Certifying Claims

Check the box on line 5a if your overreported tax includes each affected employee share of social security and Medicare taxes. You’re certifying that you repaid or reimbursed to the employees their share of social security and Medicare taxes.

For refunds of employee social security and Medicare taxes overcollected in prior years, you’re certifying that you received written statements from those employees stating that they didn’t and won’t receive a refund or credit for the prior year taxes. Don’t send these statements to the IRS. Keep them for your records.

Generally, all employment tax records must be kept for at least 4 years. Records related to qualified sick leave wages and qualified family leave wages for leave taken after March 31, 2021, and before October 1, 2021, and records related to qualified wages for the employee retention credit paid after June 30, 2021, should be kept for at least 6 years. Copies must be submitted to the IRS if requested.

Adjusted Employer’s QUARTERLY Federal Tax Return or Claim for Refund

Instructions for Part 2, “5a. Certifying Claims“ came from the IRS Instructions for Form 941-X published by the Internal Revenue Service (IRS) Department of the Treasury, revised in April 2022.

Conclusion and Summary on 941-X: 5a. Certifying Claims, Form Instructions

The “Certifying Claims” section is just one of forty three detailed questions and calculations you must complete correctly on the 941X IRS Form. Listed as question #5a under Part 2 of the 941X, be sure to answer the Certifying Claims question #5a correctly.

How To Fill Out Form 941-X For the Employee Retention Tax Credit?

Watch this 941-X video to learn more about how to fill out the IRS 941-X Form properly.

Need Help Completing / Filing IRS Form 941-X?

Disaster Loan Advisors can assist your business in filing an amended Form 941 Employer’s Quarterly Federal Tax Return (for 2020 and 2021), which is IRS Form 941-X Adjusted Employer’s Quarterly Federal Tax Return or Claim for Refund.

This tax form is required to be filled out correctly and filed for each qualifying quarter in 2020 and 2021 to ensure your business claims the maximum Employee Retention Credit (ERC) / Employee Retention Tax Credit (ERTC).

– Did you calculate your company’s maximum ERC Tax Credit correctly?
– Are you claiming all the ERC Credit for each qualifying quarter?
– Are you maximizing the total amount of ERC Credit your company qualifies for?
– Need a professional set of eyes to ensure you filled out your form 941X correctly?

Flexible and Professional ERC Consulting Tax Services

There are several flexible options for you. We can review, prepare, and / or file your 941-X Forms for you, or with you.

– Do-It-Yourself (DIY) and have us review your work.
– Done-With-You (DWY) and let’s collaborate together.
– Done-For-You (DFY) and we handle it all for you, from start to finish.
– Or, Consult-With-You to customize to your exact needs. 

Our professional ERC fee and pricing structure is very reasonable in comparison.

We DO NOT charge a percentage (%) of your ERC Refund like some companies are charging. Some ERC firms out there are charging upwards of 25% to 35% of your ERC refund! 

If you are looking for an ERC Company that believes in providing professional ERC Tax Services and value for small business owners, in exchange for a fair, reasonable, and ethical flat-fee for the amount of work required, Disaster Loan Advisors is a good fit for you. 

Form 941-X and the ERC program can be very confusing as it relates to your specific business situation. Our fee structure is fair and reasonable for the same or better level of ERC service.

Schedule Your Form 941-X Consultation to have peace of mind you are making sure your company actually qualifies, AND you are calculating the employee retention tax credit properly.

Deadlines to File IRS Form 941-X in 2024 and 2025

The 2020 ERC Credit Tax Year deadline of 4/15/24 has already passed. Good news? The opportunity to retroactively claim your business Employee Retention Credit for the prior 2021 Tax Year is still available, with a next year April 15, 2025 deadline.

This really is your FINAL chance at any potential ERC tax credit refund!

How to Claim the Employee Retention Tax Credit (ERC / ERTC) and Receive Up to a $26,000 Refund Per Employee

Disaster Loan Advisors can assist your business with the complex and confusing Employee Retention Credit (ERC) and Employee Retention Tax Credit (ERTC) program. 

Depending on eligibility, business owners and companies can receive up to $26,000 per employee based on the number of W2 employees you had on the payroll in 2020 and 2021.

The ERC / ERTC Program is a valuable tax credit you can claim. This is money you have already paid to the IRS in payroll taxes for your W2 employees.

Schedule Your Free Employee Retention Credit Consultation to see if your company qualifies for the employee retention tax credit.

Cover Image Credit: Irs.gov / Form 941-X / Disaster Loan Advisors.

Mark Monroe

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