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 1120-S (Schedule M-3)?
To apply for a tax credit that is generally allowable in the year because:
you are treated under a statute (including a non-federal statute such as the Internal Revenue Code of 1986, as amended) as having a tax liability due to a tax year of which you are in a non-federal status; or
You and another spouse are entitled under a non-federal statute or a state tax treaty to a tax liability based on non-federal income, and your home state is not your residence for U.S. federal income tax purposes.
You may have a Form 1120-S for other years if one of the following applies to you:
You were not qualified for a credit on Form 1040A (or Form 1040A-MR) because you were not qualified for a credit during a taxable year of at least 3 months.
You were not entitled to a credit because you were not treated as having a dependent or married filing separately because you were not married to, or living with, the other spouse during a taxable year of at least 3 months.
If you are entitled to a tax credit because you were considered to be nonresident for U.S. federal income tax purposes, you may have to complete an Application for Waiver of Time Limits for Nonresident Taxpayer (Form 5498-T) and attach it to your return.
A nonresident is a resident of the U.S. if it is determined under a non-federal statute (including a statute which is a non-federal statute such as the Internal Revenue Code of 1986, as amended) that any United States resident or former resident who:
Is, by reason of the death of another taxpayer, treated as being resident primarily in another foreign country in which such other person is a citizen (or resident) or in whose tax system other provisions of law treat the individual as being resident primarily, or
Has been so treated during the 5 years immediately prior to the first day of the taxable year to which such determination is made
Is considered to be a resident of another foreign country in which such other person is a citizen (or resident) or in whose tax system other provisions of law treat the individual as being resident primarily; or
Has been so treated during a taxable year of at least 3 months prior to applying for a claim of credit under this section.
Who should complete Form 1120-S (Schedule M-3)?
A. Any individual or family of any age who is an alien under section 1101(a)(15)(H)(i)(BII), 1101(a)(15)(L)(i)(BII), or 1101(a)(15)(L)(iv)(II) of the INA who—(1) is physically present in the United States on the date of enactment of this subsection and has been so present for not less than 180 days during such period and who has applied to adjust status under section 245A(a)(4)(B)(i) and has been approved for such adjustment; or.
(2) has a qualifying dependent who is present in the United States and who meets the requirements of the following subparagraphs:
(A) Eligible individual described by Form 1120B-R, Line 7, who resided (as of the last day of the first 6-month period beginning after the alien completed his or her period of authorized presence) in the United States on and after the date of enactment of this subsection, and, during such period, provided care and support for a qualifying dependent.
(B) Eligible individual described by Form 1120B-R, Line 8, who resided (as of the last day of the first 6-month period beginning after the alien completed his or her period of authorized presence) in the United States on and after the date of enactment of this subsection without providing care or support for a qualifying dependent, but who has a qualifying dependent who otherwise meets the requirements described in section 1101(a)(15)(L) of the INA, and provides care and support for such dependent.
Eligible individual described by Form 1120B-R, Line 10, who resided (as of the last day of the first 6-month period beginning after the alien completed his or her period of authorized presence) in the United States on and after the date of enactment of this subsection and was present in the United States for at least 90 days during such period.
(D) Eligible individual described by Form 1120B-R, Line 15, who resided (as of the last day of the first 6-month period beginning after the alien completed his or her period of authorized presence) in the United States on and after the date of enactment of this subsection.
(3) Certain aliens may submit completed forms to DHS.
When do I need to complete Form 1120-S (Schedule M-3)?
You need to complete Form 1120-S for an eligible individual on the earliest of, your 60th birthday on or after January 1, 2018, or your 5-year anniversary of qualifying coverage.
When do I need to complete Form 1120-S (Schedule M-5)?
You need to complete Form 1120-S for an eligible individual on or after January 1, 2018, or 5 years after qualifying coverage.
What are the eligibility requirements for a student health plan?
The following are the eligibility requirements for a student health plan.
Individuals who
Are under age 26 (a student must be age 26 or older and a non-citizen or eligible legal immigrant)
Have a legal right to be in the United States
Have a legal right to be in the United States and are financially independent (they cannot be paying for child or parents' health insurance)
You must include the following information in your application:
Date of arrival/admission
Place (country of citizenship)
Date of departure/entertainment
Number of entries
Passport information
Please note: if you are leaving the United States, you cannot use your student health plan until you have been outside the United States for 90 days after you've applied for student health coverage.
How will I know the result of my Form 1120-S?
After you complete both forms, mail back the completed Form 1120-S, along with completed Form 1120F, to the address indicated on Form 1120-S.
If your forms were not filed on this deadline, the employer will not be able to enroll you in the health insurance plan.
What is covered by health insurance through the federal, state or local government?
The following are the federal and state and local laws that apply to health insurance:
Who is responsible for reporting income and employment details?
You will receive one copy of Form W-2, which you should keep for your records.
If you are an employee of a private employer that provides a health insurance plan, you must file an income tax return to report your wages on a W-2 form.
If you are self-employed, you can use the self-employment tax return to report all of your employment earnings, or you can use the self-employment tax return instructions to find your state's specific filing instructions.
Can I create my own Form 1120-S (Schedule M-3)?
A: There are no special considerations when it comes to form 1120-S (“Schedule M-3”) when it is used to apply for a Form 1120-S/S1. You must follow the same process for Form 1120-S (Schedule M-3) and 1120-S (Schedule M, form 1120S-C) as for regular Form 1120s/S1s. For example, if you receive a Form 1120-S (Schedule M-3), you must complete Form 1120-S, attach the required tax form, and file it with your federal income tax return. If your Form 1120-S (Schedule M-3) contains a Form 8965, attach the copy or other document required to receive benefits under Social Security as evidence that you are a dependent.
Back to top
Q: Will my return be processed in the same way as a regular Form 1120 (S1)?
A: Yes, your return will be processed the same way as a regular Form 1120 (S1). You need to enter your Social Security number in boxes 2a, 2b, and 2c of Form 1120-S and the amount of benefit you received based on that information in box 6a, box 7b, and box 12b of Form 1120-S. You need to enter the number of days that you are exempt from filing because of your Social Security number in box 12c and your number of dependents in box 12d. Boxes 12a, 12b, and 12d are used to report the cost to you of Social Security benefits, such as wages received from employment.
Additional information on how to complete Form 1120-S (Schedule M, form 1120-S-C) is provided in Form 1120.
Back to top
Q: Is there any advantage to having both a standard tax return (Form 1120-S) and a revised return (Form 1120-S-R)?
A: Yes. If you have both a standard return (Form 1120-S) and a revised return (Form 1120-S-R) filed electronically, you need only submit your standard return electronically and use that return to provide information on your employer pension contributions and to report other information on your tax return.
What should I do with Form 1120-S (Schedule M-3) when it’s complete?
Schedule M-3 is a very important documentation because it contains the employer's identification and the employer's employment relationship. With this complete and notarized form, your employer will be able to verify your employment status.
If you decide to use Form 1120-M to document your termination, do not forget the return postage. Failure to return the required return postage for Form 1120-M will result in a penalty. The return postage must be prepaid during the time of the work stoppage, but can be paid by payroll deduction within 30 days of the work stoppage.
I lost my Form 1120-M. Can I get another one?
No. All original documentation is destroyed after 10 years of service.
My Form 1120-M expired, or I forgot to sign it. Can I use a new form?
You can use any old form that you no longer use. If the Form 1120-M is from more than 10 years ago, you should use your best judgment. The new and old forms must match. Also, you must use the same employment identification number (EIN): The old form may work if the new form matches and is not significantly different. For example, if two employees used the same form the same way, but it was altered slightly in some way (name or number) the old form is acceptable. The new form must match. Example: If two employees with Wins of 1C3-1416 and 1C-944, used a new form from 2 years ago, it is the old form that is acceptable for your documentation. If two employees with Wins of 1C-945 and 1C3-1416 used the same form the same way, it is the new form that is acceptable.
Can I use Form 3302(e) for my ESI?
Yes. You cannot use Form 3302(e) to certify your resignation even though you would like to. You must use Form 3302(e) to indicate when you left the job.
My resignation was accepted, but Form 1110 was not filed with my employer's Form 1099 and/or W-2. Am I required to file a Form 3302?
Yes, Form 3302 is required when you resign. Even a timely filed 3302 and timely receipt date may not guarantee a timely termination payment.
My employer does not recognize my old or new employment tax forms.
How do I get my Form 1120-S (Schedule M-3)?
It is now a requirement that all employers have a Form 1120-S (Schedule M-3) that is electronically filed with the State on or before the April 1st, 2017, Deadline. The form must include each employee's name and the state of employment.
The Form 1120-S can be requested through our Form 810-C — Electronic Filing of Employee Information Return. The Form 1120-S is also available from the State's Employment Security and Insurance Commission.
You should also be aware that your employee may be exempt from the Form 1120-S in his or her state of employment due to state law; for instance, in California, your employee is exempt (Form 1120-S).
Can my employer electronically file Form 810-C (Employment Insurance and Income Tax Return) electronically?
When your employees are required to file electronically with SSI and/or ITC, we suggest that they use a software package such as TurboT ax () for their electronic filing.
Do I have to report my income for tax reporting purposes if my employees receive unemployment?
As long as your employees are receiving unemployment income, you should report their total weekly salary on Form 941-X, Form 1099, or Form W-2 as a wage and is generally reported as gross and not net.
If your employees are paid without a commission, they do not earn pay for work performed. We consider them to be performing work under an agreement of wages, so there is no reporting requirement. You do need to report their net pay to the IRS. Your employment income includes wages (including commissions, tips, severance pay, etc.), tips (including gratuities received if provided by employer), and remuneration received from an employer's employees for services performed for the employer.
How can I file my Form 941-X, Form 1099, or Form W-2?
If you are required to file Form 941-X, Form 1099, or Form W-2 by your employer, contact the California Employment Security and Insurance Commission at and ask for the “Form 2-16 Employment Tax — Unemployment Insurance and Income Tax.” The form includes instructions for filing and furnishing the employee information return. The form requires the employer's employment tax ID number of the taxpayer.
What documents do I need to attach to my Form 1120-S (Schedule M-3)?
All documents (if in English, you need to attach an English translation) submitted to the I-94F are deemed to be official, because the original (in English or other suitable language) and the English translation, and the date the document was filed are attached to the form. You must attach to Schedule M-3 all documents that can be shown to substantiate your status or that demonstrate an intent to prove your status. See Section F.2 in Publication 926, Immigrants and Natives Law.
Where do I submit my Form 1120-S, or renewal form?
To apply for an employment authorization document, you must appear in person to a designated U.S. Citizenship and Immigration Services (USCIS) office in person, by appointment only. To file the renewal application form online, your return mailing address should be on the “Application to File Renewal Application” column of the online application. This means that your return address should be:
United States Citizenship and Immigration Services
I-94I Online Renewal Application
P.O. Box 106630
Washington, DC 2030 (U.S. Postal Service)
The following are examples of the documents you must submit with your application to prove your continued presence in the United States:
Copy of your most recent permanent residency document, if applicable (see “What documents do I need to attach to my Form 1120-S (Schedule M-3)?” above).
Copy of your driver's license/operator's license number, country of issue, and proof of insurance. If you are applying for multiple documents to show residence in the United States, attach your most recent documents with only one of your names on the form to demonstrate that you are filing for more than one permanent resident (Form I-7652-W has multiple pages).
Copy of your most recent passport or other travel document showing the date when it expired or was obtained. This should have a date of “valid for entry into the United States” on it.
If you are applying from within the United States (for example, your spouse is living in the United States illegally, and you want to leave that status), you can use Form I-765, Application to Remove Unlawful Resident From the United States and File Application for Renunciation of Unlawful Residence, to apply for your own immigration waiver.
What are the different types of Form 1120-S (Schedule M-3)?
Under sections 4(c) and 19(b) of the Paperwork Reduction Act, Forms 1120-S are paper-based. In addition, these documents are referred to as “printed forms”.
The three types of Form 1120-S are:
Schedule M-3: If a company does not have to file Form 1040ES, but the person filing for that company needs to get a Form 1040EA, Form 1040ES may be the only one that the person may choose to complete.
If a company does not have to file Form 1040ES, but the person filing for that company needs to get a Form 1040EA, Form 1040ES may be the only one that the person may choose to complete. Form 4952: If one of your clients needs to file Form 1040ES, but they do not file Form 1040EA, Form 1040ES may be the only type of Forms 1120-S that they use in a situation like this.
If one of your clients needs to file Form 1040ES, but they do not file Form 1040EA, Form 1040ES may be the only type of Forms 1120-S that they use in a situation like this. Forms SSA-1040R (Schedule I), SSA-1040-SA (Schedule I–Substantial Rehabilitative Activities, Other Than the Voluntary Services of Unemployed Individuals), and SSA-1040-SS (Schedule II–Serious Crimes, including Terrorism) for people who are under the age of 26.
The Form 1120-S you are using is different from Schedule M3 or C-2B. If you were to combine the same documents (such as a company's T5 slip, your client's W-2, and your client's ETC), you could end up having a single form that you and your clients both could use in a situation.
How many people fill out Form 1120-S (Schedule M-3) each year?
The U.S. Food and Drug Administration (FDA) is mandated to publish the annual number of applications that are accepted by Medicare Part D. Part D's Form 1120-S data shows that in 2015 the number of applications accepted was 6,984,941. In 2016, 6,919,914 applications were accepted and 3,874,051 were rejected. That equaled an acceptance rate of 47.9 percent, which is well within the approval rate of other insurers. As a percentage of all Medicare Part D application submissions, the acceptance rate for 2017 was 25.9 percent, which is just under the approved approval rate of 34 percent.
How many people are in treatment?
Medicare Part D covers most chronic diseases:
diabetes
heart attack
stroke
rheumatoid arthritis
PTSD
cancer
Multiple Sclerosis (MS)
Other diseases with chronic symptoms (e.g., psoriasis) are not covered. Also, if your prescription drug does not meet the Part D drug formulary (see below), you cannot use it for prescription under a Part D plan.
If you are under age 65 and taking a prescription drug, contact your prescription benefits manager to find out if your plan has a Part D drug formulary. You will need to fill out the Schedule M-3 (medical summary) form, which requires the prescriber to describe the active ingredients, dosing information that the Part D plan will supply, and any side effects and interactions.
If my prescription drug plan does not have a Part D drug formulary, what is a Part D formulary?
The formulary for the drug you are on in Medicare Part D will require the prescriber to:
describe which medications are covered
explain why that drug is covered, and
Inform you of any possible side effects and interactions with other drugs under the plan.
The prescription drug formulary allows you to compare various drugs to see if there is a drug less expensive and without any potential complications to a drug you are taking. You will need to fill out the Schedule M-3 form, which will give you access to information and prescription forms for the FDA-approved and non-FDA approved medications (e.g., generic medications are not listed).
Is there a due date for Form 1120-S (Schedule M-3)?
A. In general, a due date for Form 1120-S must be a date on or before.
September 15 of the calendar year in which the form was filed,
or October 15 of the calendar year in which the IRS received the
Form.
For more information see Information for Filing Agents.
Q. Do I need to file Form 1040 using my EIN?
A. For information on the difference between Form 1120-S and Form 1040, see the Instructions for Form 1120-S (Schedule M-3) and Form 1040 (Part 2 of Form 1040).
Q. What was the penalty for failing to file Form 1120-S(s)?
A. Failure to file Form 1120-S can result in a penalty equal to the least of 50 or 50% of the excess payment. See Pub. 946 for more information.
Q. Does my failure to file Form 1040 result in an additional or different tax liability?
A. An additional or different tax liability can result when there is a failure to file. It depends. See Pub. 946.
Q. Do I have to file Form W-2 with my employment tax return?
A. Generally, you must file Form W-2 if you perform services as an employee and report wages and other amounts you receive from your employer that the IRS requires to be reported on Form 1065 and Form 1045. If you do not have enough wages withheld at the employee's rate of pay to cover the full value of the wages you report, you will need to file a claim for refund using Form W-2.
To file Form W-2, you must meet certain requirements. If you have not had all of your wages withheld from your paychecks, you must first deduct the amount withheld (including amounts already paid to you in advance) from any advance taxes that your employer must withhold from your paychecks and deduct them from your wages. To determine the amount of your withheld taxes, you must reduce by the amount of any payments you were not allowed, including payments you made to your employer on time. If your employer has made any payments to you that are not allowed under the advance payment rules, you must deduct any amount not allowed from your wages.