Topic No 759, Form 940 Employer’s Annual Federal Unemployment FUTA Tax Return Filing and Deposit Requirements Internal Revenue Service

One of the important payroll taxes you may need to pay is FUTA tax. Use Schedule A (Form 940) to figure your annual Federal Unemployment Tax Act (FUTA) tax for states that have a credit reduction on wages that are subject to the unemployment compensation laws. The term legal holiday means any legal holiday in the District of Columbia. For a list of legal holidays, see Publication 15 (Section 11, Depositing Taxes – Deposits Due on Business Days Only). A safe harbor 401(k) plan is similar to a traditional 401(k) plan, but, among other things, it must provide for employer contributions that are fully vested when made. These contributions may be employer matching contributions, limited to employees who defer, or employer contributions made on behalf of all eligible employees, regardless of whether they make elective deferrals.

  • Refer to the Form W-2 InstructionsPDF for more information on how amounts should be reported.
  • There are FUTA tax exemptions for Indian tribal governments as long as the tribe is compliant with prevailing unemployment laws and has participated in their state’s unemployment system for the entire year.
  • The tax rates are based on your receiving the maximum credit against FUTA taxes.
  • Similar to FUTA, the Federal Insurance Contributions Act (FICA) is another federal law mandating an employment tax for businesses.

FUTA taxes are federal unemployment taxes payable under the Federal Unemployment Tax Act (FUTA). The proceeds from these taxes are used by the federal government to help fund unemployment benefits paid out to individuals who have lost their jobs. The funds in the account are used for unemployment compensation payments to workers who have lost their jobs. Although the amount of the FUTA payroll tax is based on employees' wages, it is imposed on employers only, not their employees. As such, FUTA differs from other payroll taxes such as the Social Security tax, which applies to both employers and employees.

What you need to file Form 940

Generally, as an employer, you're responsible to ensure that tax returns are filed and deposits and payments are made, even if you contract with a third party to perform these acts. You remain responsible if the third party fails to perform any required action. For more information on the different types of third-party payer arrangements, see section 16 of Pub.

Continue carrying your tax liability over until your cumulative tax is more than $500. If your tax for the next quarter is $500 or less, you’re not required to deposit your tax again until the cumulative amount is more than $500. Religious, educational, scientific, charitable, and other organizations described in section 501(c)(3) and exempt from tax under section 501(a) generally aren't subject to FUTA tax. If your business was sold or transferred during the year, each employer who answered “Yes” to at least one question above must file Form 940. However, don't include any wages paid by the predecessor employer on your Form 940 unless you’re a successor employer. For details, see Successor employer under Type of Return, later.

FUTA Tax is used to pay employees who leave employment involuntarily and are eligible to claim unemployment insurance. The act requires employers to file Form 940 annually with the Internal Revenue Service (IRS). In some cases, the IRS may allow some employers to pay the tax in installments during the year. find a tax preparer Do not collect or deduct FUTA tax from your employees' wages. Some government entities, nonprofit institutions, religious, charitable, and educational organizations may be exempt from paying FUTA and SUTA taxes. However, most businesses are required to pay FUTA and SUTA taxes if they run payroll.


Failing to deposit federal tax withholdings on time can result in penalties of up to 15%. FUTA taxes are reported on IRS Form 940, which is due on January 31 each year. When your payroll software issues Form W-2 for each employee, it should send in Form 940. If your business collected $100 in FUTA taxes in the first quarter of the year, $300 in the second quarter, and $200 in the third quarter, FUTA taxes would be due on October 31.

Check with your state unemployment office to find out which payments are exempted from FUTA tax. The tax rate for federal unemployment insurance is set at 6.0% of the first $7,000.00 of an employee's earnings. The FUTA tax rate is 6.0% of the first $7,000.00 of an employee's wages during the year. After the first $7,000.00, employers do not have to pay any further taxes. Under an installment agreement, you can pay what you owe in monthly installments.

To mark your business exempt as a new Patriot Software customer

Businesses also may have to pay state unemployment taxes, which are coordinated with the federal unemployment tax. The federal tax applies to the first $7,000 in wages you pay each employee during a calendar year after subtracting any exempt payments. It’s important to note that all wages paid are counted as FUTA wages so that includes salaries and wages, commissions, bonuses, vacations allowances, sick pay, and contributions to retirement plans. If you’re hiring and paying employees for the first time, one of the things you’ll need to manage is calculating and filing payroll taxes. One of these that you’ll more than likely have to pay as an employer is the Federal Unemployment Tax Act (FUTA) tax. That’s because most employers pay both FUTA and a state unemployment tax.

Is My Business Exempt from FUTA and SUTA?

The following persons are authorized to sign the return for each type of business entity. Have your designee select a five-digit personal identification number (PIN) that they must use as identification when talking to the IRS about your form. After you complete the worksheet, enter the amount from line 7 of the worksheet on Form 940, line 10. To figure your subtotal, add the amounts on lines 4 and 5 and enter the result on line 6. You can avoid paying penalties and interest if you do all of the following.

About Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return

The total after 6% of employee salaries over $7,000 are calculated and deposited, fringe benefits, retirement plan benefits and group life insurance are exempt from FUTA tax. If all of the taxable FUTA wages you paid were excluded from state unemployment tax, multiply line 7 by 0.054 and enter the result on line 9. Enter on line 5 the total of the payments over the FUTA wage base you paid to each employee during 2023 after subtracting any payments exempt from FUTA tax shown on line 4. If you fail to submit a deposit transaction on EFTPS by 8 p.m. Eastern time the day before the date a deposit is due, you can still make your deposit on time by using the Federal Tax Collection Service (FTCS) to make a same-day wire payment.

Do I need to file a Form 940 every quarter?

Kelly Main is a Marketing Editor and Writer specializing in digital marketing, online advertising and web design and development. Before joining the team, she was a Content Producer at Fit Small Business where she served as an editor and strategist covering small business marketing content. She is a former Google Tech Entrepreneur and she holds an MSc in International Marketing from Edinburgh Napier University. For example, if Line 12 is 500 and Line 13 is 800, you’d enter the difference (300) on Line 14, and you’d have a balance due. This balance is less than $500, so you can choose to pay it when you file your Form 940.

For more information about PDSs, see Where Do You File, later. The tax liability for Q3 is below the FUTA tax limit by $10. The tax liability will be carried forward to the last quarter of the year.

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