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IRS Form 8973 is the Certified Professional Employer Organization/Customer Reporting Agreement used to notify the IRS about service contract changes between a CPEO and customer; generally, it must be filed within 30 days of an event.
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IRS Form 8973 is the Certified Professional Employer Organization/Customer Reporting Agreement used to notify the IRS about service contract changes between a CPEO and customer; generally, it must be filed within 30 days of an event.
Plain English
This form tells the Internal Revenue Service when a business (the Customer) starts or stops using another professional employer organization (CPEO). It also allows parties to correct any errors made on previously submitted Form 8973s. The CPEO must file this agreement to officially update its contract status with the IRS.
Submission Date
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CPEO contract is described under section 7705(e)(2)
This indicates the CPEO assumes responsibility for wage payment and tax reporting/withholding.
✓ Check Line 10 in Part 4
Customer's service contract has ended, but the CPEO is not filing yet
A CPEO must file within 30 days of a contract ending.
✓ File within 30 days of contract end date
Need to renew consent before the last year/period listed on prior consent ends
Renewal covers an additional 3 years or 12 quarters, and only the renewed consent (Page 3) needs mailing.
✓ Renew consent before expiration date
A CPEO must file Form 8973 within 30 days of a service contract starting or ending. If a CPEO is newly certified, it has 6 months from its notice of certification date to report contracts with existing customers. Renewal consent must be sent before the end of the last year or period listed on the most recent prior consent.
Checklist
Service Contract Start Date
The date the CPEO and customer entered into the CPEO contract (if line 10 in Part 4 is 'Yes') · Part 1
EIN on Line 6
The Employer Identification Number of the CPEO · Part 2/Line 6
Contract Type (Section 7705(e)(2))
Written contract where the CPEO assumes responsibility for wage payment and tax reporting/withholding for the individual. · Part 3/Line 10 Instructions
Filing Deadline (General)
Within 30 days of starting or ending a service contract with a customer. · General Filing Rules
Renewal Period Covered
An additional 3 years or 12 quarters. · Instructions p.4
Field map
Entity Info
1 items
Name and taxpayer ID of the entity claiming the credit.
Credit Info
1 items
Type of credit or incentive being claimed.
Calculation
2 items
The base amount used to calculate the credit.
Calculated credit amount after applying formulas and limitations.
Certification
1 items
Detailed breakdown supporting the credit calculation.
Signatures
1 items
Sign and date the form.
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Fillable formOpen in Editor->The current edition is Revision December 2018. The instructions direct users to IRS.gov/Form8973 for the latest information regarding developments related to Form 8973.
Quick Facts
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Who must file Form 8973?
The CPEO must file to notify the IRS a service contract started/ended, or to correct a prior filing. The customer may also file separately when the contract ends.
→ Check Part 1 of Form 8973 for specific reason (Started, Ended, Correcting).
What is the general deadline for filing?
A CPEO must file within 30 days of starting or ending a service contract with a customer.
→ Verify the date on the form against the start/end dates listed in Part 1.
Does a newly certified CPEO have different rules?
Yes, a newly certified CPEO has 6 months from its notice of certification to submit Forms 8973 regarding any service contracts with existing customers.
→ Check for documentation confirming the date of the CPEO's notice of certification.
When renewing a consent, what do I send?
Only the renewed consent (page 3 of Form 8973), not a completed Form 8973.
→ Ensure you are mailing only the specific document designated as the 'renewed consent'.
What must be on Part 2 when renewing a consent?
The customer’s name and customer’s EIN that were included in Part 2 of the original or corrected Form 8973.
→ Cross-reference this information with the details listed in the original filing.
Where should I mail the renewed consent?
To the address provided under 'Where To File' (Ogden, UT 84201-0089), not to the general IRS Tax Forms and Publications Division address.
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⚠ If something goes wrong
This form tells the Internal Revenue Service when a business (the Customer) starts or stops using another professional employer organization (CPEO). It also allows parties to correct any errors made on previously submitted Form 8973s. The CPEO must file this agreement to officially update its contract status with the IRS.
The Certified Professional Employer Organization (CPEO) must file Form 8973 when a service contract starts or ends, or if it needs to correct a prior filing. The customer may also separately file their own Form 8973 when the service contract has ended.
The form collects details such as the Customer’s Employer Identification Number (EIN) on Part 2, and the CPEO’s EIN on Part 3. It also includes sections for reporting transfer/assignment of contracts and renewing consent.
Generally, a CPEO must file Form 8973 within 30 days of starting or ending a service contract with a customer. A newly certified CPEO has 6 months from its notice of certification date to submit forms for existing customers.
The form is mailed to the Department of the Treasury Internal Revenue Service at Ogden, UT 84201-0089. If renewing consent, only page 3 must be sent to this address.
The CPEO must complete Parts 3 and 4 and provide them to the customer before the customer signs Part 5. The CPEO also completes Part 6 and the CPEO Consent to Disclosure of Tax Information, requiring only the CPEO’s signature when reporting an ended service contract.
While not explicitly stating a penalty for failure here, filing late or incorrectly means the IRS will not have accurate records of the service contract status between the CPEO and customer.
The CPEO must file to notify the IRS a service contract started/ended, or to correct a prior filing. The customer may also file separately when the contract ends. Check Part 1 of Form 8973 for specific reason (Started, Ended, Correcting).
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