Below is a list of the most common customer questions.
If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is the purpose of Form 4562?
If you are a U.S. merchant, Form 4562 will collect your full payment information and issue you a Form 1099-K to recognize your tax liability for VAT, which you are legally required to report. For a business, Form 4562 is a one-time tool that provides you with tax liability information you need at a glance.
If you are a resident of the U.S., you should use Form 4562 instead of Form 1040-ES (or equivalent) to report the full amount of your sales and pay taxes. For U.S. residents only, you may be able to use Form 1040-ES (or equivalent) as a means to meet all the applicable reporting and payment obligations of a U.S. nonresident, including VAT, without actually reporting that U.S. sales. We make this exception where you pay taxes and credits on your sales in a foreign country and then report the foreign country as if the U.S. were a U.S. possession (i.e., U.S. Tax Treaty).
Who should complete Form 4562?
The Form 4562, Employer Identification Number, Tax ID number, or Social Security number of the employer.
Who should complete Form 4562?
Any individual whose compensation is reported on Form W-2, Wage and Tax Statements, to the Internal Revenue Service for the year.
What can I do to prepare my W-2s and report compensation properly?
In an effort to improve your compliance, we are providing information that may aid you in completing your employer form if applicable, including answers to your common questions.
If you have any questions about any issues raised during the course of this Website, please call IRS at (voice or TDD).
Other IRS Resources:
Get Answers to My W-2 Complaints
The IRS cannot guarantee the accuracy of information on this website. This information is not a substitute for the guidance issued by IRS.
When do I need to complete Form 4562?
I am currently in the military or have retired, and I expect to spend 90 days outside the U.S. during my first 90 days of retirement. The military is required by the VA to file Form 4562 with the Secretary of Defense no later than 45 days from the date of your separation from the military. The 45-day time limit to file VA Form 4562 is different for each U.S. territory. For example, a veteran living in the following U.S. territories may file VA Form 4562 no later than 90 days from your separation from the military: Guam.
The Virgin Islands
Hawaii
Puerto Rico
American Samoa Once you file Form 4562, you can submit it to the Department of Defense using one of the three VA services that are available. Please do not expect to receive a copy of your VA Form 4562 in the mail.
Can the VA do my paperwork for me?
Yes, your VA can help you with all VA procedures by faxing or emailing your proof of service. If you need to make a call from your home phone to a VA medical facility to speak with a representative, you should call. If you need to be seen by a provider, please schedule an office visit with your local VA medical facility. They will determine which appointment the VA can make (visit your nearest VA medical clinic). For Veterans whose home doctor is unable to see them (for any reason), your Veterans Affairs physician may make your VA visits, if you are eligible. You will need to schedule these VA visits with the physician who is treating your problem.
What if I need extra time to complete my VA Form 4562?
You are entitled to an additional 30 days to file VA Form 4562 after the official date the VA files (for example, on the first day your Form 4562 is due). You are also entitled to an additional five days if you are outside the U.S. on your separation date, and you expect to spend 30 days of your first 90 days outside the U.S. In this case, you do not have to complete another Form 4562, but you may want to. For example, if you expect to spend one week a month abroad and to leave the U.S. five percent of the time during this period, you must complete one Form 4562 for each three-week period you expect to spend outside the U.S.
Can I create my own Form 4562?
Yes. You can make your own form 4562 and submit it via the forms section of your website. A link to submit Form 4562 as a PDF is provided on the form.
You need to include the following information in your form 4562:
A brief description of your proposed transaction, including a short title, an accurate date of commencement and a date of termination of transaction.
If you are not registered with the Financial Services Commission of British Columbia (FS CBC) as a broker-dealer or securities dealer, you must include the following information.
The name and business address of each officer or director who will represent you in the transaction
A certified copy of your registration certificate that was issued by the FS CBC (a copy of your registration certificate must be sent with the form as proof of registration).
If you intend to be exempt from registration under the securities laws with respect to a specified transaction — i.e., a transaction that has not been made subject to regulation by the FS CBC — you will need to include this information, as follows:
the trade name and trade description of each security being offered
the number of shares, securities and other securities contracts being offered or sold and the terms of each such contract
the name of the person on whose behalf the transaction will be conducted
the name of any agent, director or person having an interest in the transaction and an effective date to terminate the transaction
A complete statement of the transaction.
All information should be given on a signed, clear copy of the form.
Can I create a form 4562 on behalf of a partnership?
No, you must create your own form 4562 on behalf of a partnership. A partnership is a legal entity created by one or more individuals or companies.
Do I need a broker-dealer license to create my own form 4562?
No, you do not need to be registered under the securities laws to make a form 4562. Form 4562 is considered to be a “written document”.
What is your fee for creating a form 4562?
A non-refundable fee of 2.00 is charged for each form 4562.
What if the form becomes invalid?
The form has to be valid for a particular period of time, i.e., 90 days.
What should I do with Form 4562 when it’s complete?
You have the option to complete Form 4562, Change-in-Control and Nondisclosure Agreement (the “Non-Disclosure Agreement”). The Non-Disclosure Agreement does not affect the tax consequences of any gift or family members' sharing of Form 4562.
If I'm a married couple, do we have to sign a non-disclosure agreement together?
Yes. Both partners must sign the Non-Disclosure Agreement and the Form 4562. You have a separate non-disclosure agreement if there are separate gifts or family members' sharing of Form 4562.
When are you required to file Form 4563?
The Form 4563 must be filed with the return for the year of the gift. For this purpose, the calendar year (January 1 to December 31) counts as one year.
The tax effect of a gift or family member's sharing of Form 4563 is the same as for a Form 4562. The non-disclosure agreement you can sign is the same one you signed for Form 4562. There is nothing separate about the changes to this form.
When can I sign Form 4563?
You may sign the non-disclosure agreement as soon as you receive the Form 4563 after you transfer the assets on the date that occurs during the calendar year after the gift. You generally cannot sign the non-disclosure agreement until 6 months before the tax year when the transfer occurs. If you choose to go forward with the gift, and you do not plan to accept an offer of tax avoidance or compensation (such as “deferred payments”), you can sign the Non-Disclosure Agreement before the date when the transfer takes place (or six months after the gift). When you sign the Non-Disclosure Agreement and have reason to believe that you are a qualified donor, you may use Form 4563 as soon as you receive the Form 4563 for the gift or family member. Once you complete and sign the form, we can process your Gift and Generation-Skipping Transfer within six months after the date of the gift. For example, if you sign this form within 6 months after you receive the Form 4563, you can submit to us an Offer in Compromise for tax avoidance in the tax year in which the gift is due. Once Form 4563 is received, you can file an amended return with Form 433.
How do I get my Form 4562?
Once you have been issued your Form 4562 for your business, you have to fill it up and send it back to the IRS to get the business income tax return. To do this, you need to file either Form 1040X (Business Income Tax Return) or Form 9431 (Personal Tax Return) on your individual Tax Return (Form 1040).
What to Do with Your Form 4642
You need to file your Form 4642 and pay the tax on them. So either send the Form 4642 to the IRS within 10 days, or you can wait and do it when you file your personal Tax Return and pay this on it. Your personal Tax Return will have income, and you can file it by December 15 of the same year.
If you decide to keep your 10-K and report it on your 1040, you need to pay the penalty of 100 a month for each day you wait before you pay down the tax you owe. Also, in January of the next year you cannot file another 10-K until you have paid off all the tax in the last 12 months.
How do I determine my business income tax?
If your business owns any property, you need to report it on your 10-K. However, you can deduct your expenses for the business on your personal tax return.
What documents do I need to attach to my Form 4562?
You must attach documents containing accurate information about your trade or business activity, such as:
The Form 4562, as well as
Document(s) from your employer or other entity that show your business activity and its associated income during the immediately preceding taxable year. When you submit a Form 4562 on behalf of your trade or business, you should include any supporting documentation that you would have used to substantiate the trade or business.
You may rely on your business or professional status or the existence of one or more of the following: a principal place of business, the principal place of business, or another separate entity that, but for your participation in the trade or business, would not exist or be operated.
When you file a Form 4562 claiming your trade or business is a partnership, you must provide a separate return for each member for each taxable year that the partnership exists. Therefore, if you own 10% or fewer of a partnership and elect to file the Form 4562 through that partnership, we cannot accept your Schedule K-1. We will refer to the member(s) of your partnership who paid at least 75% of the distributive share on Schedule K-1 as “domestic partners.” You will indicate on your Form 4562 that you did not receive a Form 1099-MISC for your distributive share of partnership income, as described in Topic No. 486.
Does Form 4562 have to be filed every year?
If your trade or business is an active trade or business during a taxable year, the Form 4562 will need to be submitted to us for each taxable year that the trade or business is operated. For more information, see our explanation of how to get Forms 4562 on page 19.
If, during the year, you make a change to your trade or business that substantially affects each member, Form 4562 is not required to be filed for that year. However, you must file Forms 4562 and 3463 for that taxable year and any other subsequent years that either of your trade or business members make changes to their trade or business that substantially affect one or more of the members. For example, if you make a change that increases the percentage of your distributive share on Schedule K-1, you must file Form 4562 on behalf of each member, even if you made the change for those members individually.
What are the different types of Form 4562?
There are two types of Form 4562:
General Income Tax Certificate (Form 4562 GIG)
Limited Liability Company (LLC) Form 4562
General Income Tax Certificate (Form 4562 GIG)
Most new forms of Form 4562 GI Care issued when the individual becomes a shareholder, or owner, of the entity and files a Statement of Operations under the Corporations Act with the Canada Revenue Agency (CRA). The person does not have to file a Form 4668. Once the individual files the appropriate form, it is valid.
The person must sign the Form 4562 GIG. This form is valid for 30 years. It is filed with the personal income tax return every year and may be cancelled by mutual agreement or by court order.
Limited Liability Company (LLC) Form 4562
For purposes of applying for a Limited Liability Company (LLC) Form 4562 GIG, a shareholder has the status and privileges of a corporation or an individual under the Income Tax Act. A person becomes an owner of the entity if the individual is required to file a Statement of Operations at the end of the previous year to continue the ownership of the entity.
The Limited Liability Company (LLC) Form 4562 Form must be completed by the shareholder. It gives the shareholder the rights and privileges of a shareholder. It also allows the shareholder to vote and participate in a manner similar to that of an individual in his or her capacity as a shareholder of a corporation.
The Limited Liability Company (LLC) Form will only be issued if the shareholder:
has entered into a valid agreement with another entity with property for the purpose of forming a limited liability company; and
Will acquire all the assets of the entity as a result of the agreement as a result of the shareholder becoming an owner.
How do I file a Limited Liability Company (LLC) Form 4562 GIG?
Please visit the CRA website to submit a form at.
What will happen after I file this Form 4562 GIG?
We cannot provide any tax advice directly or by telephone.
How many people fill out Form 4562 each year?
According to the National Restaurant Association, there are roughly 40 million workers in the United States. Of those, about 40 percent are casual employees. They are workers who are paid per shift, usually through an hourly rate and are paid for the hours they work. The other 60 percent of U.S. workers are salaried professionals -- and they are eligible for overtime pay when they work more than 40 hours in a week. There are also salaried employees who may not be paid on a per-shift basis. Those workers are sometimes called supervisors, supervisors who perform the work of more than one employee, and some employees are called managers.
How many employees in the United States are covered by a Fair Labor Standards Act (FLEA) work regulation?
The Fair Labor Standards Act (FLEA) includes both salaried and hourly employees who are covered by it. Salaried employees are workers who receive their pay directly from their employer, such as employees of state or local government; those in higher education (such as employees at for-profit vocational schools, and those who have completed a post-secondary education at an accredited public or private institution of higher learning); or employees employed as a domestic servant. Hourly employees, who received their wages from an employer, and those who do not have a wage-earning job at all, are also covered by the FLEA.
A number of states have passed laws stating that they do not require employers to pay overtime to salaried workers; however, many states still require employers to pay employees for hours they work over 40 in a week. For example, Alaska, Arizona, California, Connecticut, Delaware, Idaho, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Washington, Wisconsin, Wyoming, and West Virginia all have laws in place saying that they do not require employers to pay people overtime for work performed over 40 hours in a week if those employees are salaried employees. In most of these states, however, employers are required to pay the employees that work more than 40 hours in a week for any hours worked over 40 in a week, without regard to whether the employees were salaried.
The FLEA does not specifically protect full-time workers, such as managers and supervisors who receive direct pay from their employers rather than a salary--this can include some, but certainly not all, private sector employees.
Is there a due date for Form 4562?
There is no hard and fast rule. All it means is that you should file the FAFSA form on a date that you're confident will be timely.
What if I am unsure about a due date?
If you're unsure about a due date or if there's any uncertainty about a due date, talk with your financial aid counselor. We're here to help.
If you haven't filed on a due date, does that mean I should?
No, filing on a due date makes sure that we have more information about you than we would at the time of your original application.
How can I fix the due date on my FAFSA form?
If the FAFSA form you used for the 2017 tax year shows more than one due date, check to make sure they are in the correct order:
Check to see that you have completed the FAFSA form.
Check that all the information appears valid and correct and that it doesn't list a payment deadline that is more than four months from the date of the FAFSA form.
Check that your payment due date is the date you checked, not the due date on your FAFSA form.
If I'm using a payment plan, do I need to change the due date?
The FAFSA forms that you used to calculate your financial aid will change and will not include a new due date. You'll need to submit a new FAFSA form to complete your FAFSA.
Why can't I use the FAFSA form from my past year? What if I'm using a payment plan?
If you completed your FAFSA form by the March 3, 2017, due date, and another due date comes up before April 15, you'll need to do a new FAFSA form. This means making sure you have checked a new due date on the form that will be due by April 15.
If you used a payment plan, you may want to change to a different payment method in order to avoid additional costs.
If you've used a different payment method in past years, your FAFSA form is now likely outdated, and the old payment plan amount should be used.
I'm on a payment plan and the payment due date is less than two months from April 15, can I get the same information on the new form that I used on my payment plan?
Yes.