The IRS 940 form is an annual tax form used by employers to report their Federal Unemployment Tax Act (FUTA) liabilities. This form helps the IRS track unemployment taxes owed by employers and ensures compliance with federal regulations. Understanding how to complete and file the IRS 940 form is essential for any business that has employees.
The IRS 940 form plays a crucial role in the landscape of payroll taxes for employers across the United States. This annual form is primarily used to report and pay federal unemployment tax (FUTA), which helps fund unemployment benefits for workers who lose their jobs. Employers must file this form if they meet certain criteria, such as having paid wages of $1,500 or more in any calendar quarter or having employed at least one worker for some part of a day in 20 or more weeks during the year. The form requires detailed information about the employer's business, including the number of employees and total wages paid, which ultimately helps determine the tax liability. Filing the IRS 940 form accurately and on time is essential, as failure to do so can result in penalties and interest charges. Understanding the nuances of this form can empower employers to navigate their responsibilities with confidence, ensuring they contribute to the safety net that supports unemployed individuals in their communities.
What is IRS Form 940?
IRS Form 940 is an annual report used by employers to report their Federal Unemployment Tax Act (FUTA) tax liability. This form helps the IRS track the amount of unemployment tax owed by employers, which funds unemployment benefits for workers who lose their jobs.
Who needs to file Form 940?
Employers who pay wages of $1,500 or more in any calendar quarter or have at least one employee for some part of a day in any 20 or more weeks during the year must file Form 940. This applies to both full-time and part-time employees.
When is Form 940 due?
Form 940 is due by January 31 of the year following the tax year being reported. If you file your form electronically, you may have until February 10 to submit it. Timely filing helps avoid penalties and interest on any taxes owed.
What information do I need to complete Form 940?
To complete Form 940, you will need your business information, including your Employer Identification Number (EIN), total wages paid, and any state unemployment tax credits. Additionally, you will need to report any adjustments to your FUTA tax liability.
What if I have no FUTA tax liability?
If you have no FUTA tax liability for the year, you still need to file Form 940, but you will indicate that there is no tax due. This ensures compliance and keeps your records up to date with the IRS.
Can I amend my Form 940?
Yes, if you discover an error after submitting Form 940, you can amend it by filing Form 940-X. This form allows you to correct any mistakes and adjust your FUTA tax liability accordingly.
Where do I send my completed Form 940?
Where you send your completed Form 940 depends on whether you are filing it electronically or by mail. If filing by mail, send it to the address specified in the Form 940 instructions based on your business location. For electronic filing, follow the instructions provided by your e-filing service.
The IRS 940 form is essential for employers to report their annual Federal Unemployment Tax Act (FUTA) tax. Understanding how to fill out and use this form is crucial for compliance and avoiding penalties.
The IRS 940 form, also known as the Employer's Annual Federal Unemployment (FUTA) Tax Return, is often misunderstood. Here are some common misconceptions:
This is not true. All employers who pay wages subject to FUTA must file this form, regardless of their size. Even small businesses with just one employee must comply.
Many believe that if they do not owe taxes, they can skip filing. However, the IRS requires all eligible employers to file the form annually, even if the tax liability is zero.
This is a common confusion. The IRS 941 form is used for reporting income taxes, Social Security tax, and Medicare tax withheld from employee wages. In contrast, the IRS 940 form specifically deals with unemployment taxes.
Some people think they can file whenever they want. In reality, the IRS has a specific deadline for this form, which is typically January 31 of the following year for the previous calendar year’s wages.
Form 940for 2020: Employer’s Annual Federal Unemployment (FUTA) Tax Return
850113
OMB No. 1545-0028
Department of the Treasury — Internal Revenue Service
Employer identification number
—
(EIN)
Name (not your trade name)
Trade name (if any)
Address
Number
Street
Suite or room number
City
State
ZIP code
Foreign country name
Foreign province/county
Foreign postal code
Type of Return
(Check all that apply.)
a. Amended
b. Successor employer
c. No payments to employees in 2020
d. Final: Business closed or stopped paying wages
Go to www.irs.gov/Form940 for instructions and the latest information.
Read the separate instructions before you complete this form. Please type or print within the boxes.
Part 1: Tell us about your return. If any line does NOT apply, leave it blank. See instructions before completing Part 1.
1a
If you had to pay state unemployment tax in one state only, enter the state abbreviation .
1b
If you had to pay state unemployment tax in more than one state, you are a multi-state
employer
2
If you paid wages in a state that is subject to CREDIT REDUCTION
Check here.
Complete Schedule A (Form 940).
Part 2: Determine your FUTA tax before adjustments. If any line does NOT apply, leave it blank.
3
Total payments to all employees
.
4
Payments exempt from FUTA tax
Check all that apply: 4a
Fringe benefits
4c
Retirement/Pension
4e
Other
4b
Group-term life insurance
4d
Dependent care
5
Total of payments made to each employee in excess of
$7,000
6
Subtotal (line 4 + line 5 = line 6)
7
Total taxable FUTA wages (line 3 – line 6 = line 7). See instructions
8
FUTA tax before adjustments (line 7 x 0.006 = line 8)
Part 3:
Determine your adjustments. If any line does NOT apply, leave it blank.
9
If ALL of the taxable FUTA wages you paid were excluded from state unemployment tax,
multiply line 7 by 0.054
(line 7 × 0.054 = line 9). Go to line 12
10
If SOME of the taxable FUTA wages you paid were excluded from state unemployment tax,
OR you paid ANY state unemployment tax late (after the due date for filing Form 940),
complete the worksheet in the instructions. Enter the amount from line 7 of the worksheet .
11
If credit reduction applies, enter the total from Schedule A (Form 940)
Part 4:
Determine your FUTA tax and balance due or overpayment. If any line does NOT apply, leave it blank.
12
Total FUTA tax after adjustments (lines 8 + 9 + 10 + 11 = line 12)
13
FUTA tax deposited for the year, including any overpayment applied from a prior year
14
Balance due. If line 12 is more than line 13, enter the excess on line 14.
• If line 14 is more than $500, you must deposit your tax.
•
If line 14 is $500 or less, you may pay with this return. See instructions
15
Overpayment. If line 13 is more than line 12, enter the excess on line 15 and check a box below
You MUST complete both pages of this form and SIGN it.
Check one:
Apply to next return.
Send a refund.
Next N
For Privacy Act and Paperwork Reduction Act Notice, see the back of the Payment Voucher.
Cat. No. 11234O
Form
940 (2020)
850212
Employer identification number (EIN)
Part 5: Report your FUTA tax liability by quarter only if line 12 is more than $500. If not, go to Part 6.
16Report the amount of your FUTA tax liability for each quarter; do NOT enter the amount you deposited. If you had no liability for a quarter, leave the line blank.
16a
1st quarter (January 1 – March 31) . .
. .
16b
2nd quarter (April 1 – June 30) . . .
16c
3rd quarter (July 1 – September 30) .
16d
4th quarter (October 1 – December 31)
17 Total tax liability for the year (lines 16a + 16b + 16c + 16d = line 17) 17
Total must equal line 12.
Part 6: May we speak with your third-party designee?
Do you want to allow an employee, a paid tax preparer, or another person to discuss this return with the IRS? See the instructions for details.
Yes. Designee’s name and phone number
Select a 5-digit personal identification number (PIN) to use when talking to the IRS.
No.
Part 7: Sign here. You MUST complete both pages of this form and SIGN it.
Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete, and that no part of any payment made to a state unemployment fund claimed as a credit was, or is to be, deducted from the payments made to employees. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.
Sign your name here
Date
/ /
Print your name here
Print your title here
Best daytime phone
Paid Preparer Use Only
Preparer’s name
Preparer’s signature
Firm’s name (or yours if self-employed)
Check if you are self-employed
PTIN
/
EIN
Phone
Page 2
Form 940 (2020)
Form 940-V, Payment Voucher
Purpose of Form
Complete Form 940-V if you’re making a payment with Form 940. We will use the completed voucher to credit your payment more promptly and accurately, and to improve our service to you.
Making Payments With Form 940
To avoid a penalty, make your payment with your 2020 Form 940 only if your FUTA tax for the fourth quarter (plus any undeposited amounts from earlier quarters) is $500 or less. If your total FUTA tax after adjustments (Form 940, line 12) is more than $500, you must make deposits by electronic funds transfer. See When Must You Deposit Your FUTA Tax? in the Instructions for Form
940.Also see sections 11 and 14 of Pub. 15 for more information about deposits.
Use Form 940-V when making any payment with F! Form 940. However, if you pay an amount with CAUTION Form 940 that should’ve been deposited, you
may be subject to a penalty. See Deposit Penalties in section 11 of Pub. 15.
Specific Instructions
Box 1—Employer identification number (EIN). If you don’t have an EIN, you may apply for one online by visiting the IRS website at www.irs.gov/EIN. You may also apply for an EIN by faxing or mailing Form SS-4 to the IRS. If you haven’t received your EIN by the due date of Form 940, write “Applied For” and the date you applied in this entry space.
Box 2—Amount paid. Enter the amount paid with Form 940.
Box 3—Name and address. Enter your name and address as shown on Form 940.
•Enclose your check or money order made payable to “United States Treasury.” Be sure to enter your EIN, “Form 940,” and “2020” on your check or money order. Don’t send cash. Don’t staple Form 940-V or your payment to Form 940 (or to each other).
•Detach Form 940-V and send it with your payment and Form 940 to the address provided in the Instructions for Form 940.
Note: You must also complete the entity information above Part 1 on Form 940.
Detach Here and Mail With Your Payment and Form 940.
Form 940-V
Payment Voucher
Department of the Treasury
Don’t staple or attach this voucher to your payment.
2020
Internal Revenue Service
1 Enter your employer identification number (EIN).
Dollars
Cents
Enter the amount of your payment.
Make your check or money order payable to “United States Treasury”
3Enter your business name (individual name if sole proprietor).
Enter your address.
Enter your city, state, and ZIP code; or your city, foreign country name, foreign province/county, and foreign postal code.
Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. We need it to figure and collect the right amount of tax. Chapter 23, Federal Unemployment Tax Act, of Subtitle C, Employment Taxes, of the Internal Revenue Code imposes a tax on employers with respect to employees. This form is used to determine the amount of the tax that you owe. Section 6011 requires you to provide the requested information if you are liable for FUTA tax under section 3301. Section 6109 requires you to provide your identification number. If you fail to provide this information in a timely manner or provide a false or fraudulent form, you may be subject to penalties.
You’re not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books and records relating to a form or instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law.
Generally, tax returns and return information are confidential, as required by section 6103. However, section 6103 allows or requires the IRS to disclose or give the information shown on your tax return to others as described in the Code. For example, we may disclose
your tax information to the Department of Justice for civil and criminal litigation, and to cities, states, the District of Columbia, and U.S. commonwealths and possessions to administer their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is:
Recordkeeping
9 hr., 19 min.
Learning about the law or the form . .
1 hr., 23 min.
Preparing, copying, assembling, and
sending the form to the IRS
1 hr., 36 min.
If you have comments concerning the accuracy of these time estimates or suggestions for making Form 940 simpler, we would be happy to hear from you. You can send us comments from www.irs.gov/FormComments. Or you can send your comments to Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW,
IR-6526, Washington, DC 20224. Don’t send Form 940 to this address. Instead, see Where Do You File? in the Instructions for Form 940.
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Incorrect Employer Identification Number (EIN): One common mistake is entering the wrong EIN. This number is crucial for identifying your business, and any errors can lead to processing delays or penalties.
Misreporting Wages: Some individuals fail to accurately report total wages paid to employees. This can result in underpayment or overpayment of taxes, leading to complications with the IRS.
Forgetting to Sign the Form: A signature is mandatory on the IRS 940 form. Omitting this step can render the form invalid, causing unnecessary delays in processing.
Incorrect Calculation of Tax Liability: Many people miscalculate their FUTA tax liability. It’s essential to ensure that calculations are based on the correct wage base and tax rates.
Not Filing on Time: Failing to submit the form by the deadline can lead to penalties. It’s important to be aware of the due dates to avoid late fees.
Ignoring State Unemployment Taxes: Some filers overlook the implications of state unemployment taxes, which can affect the overall calculation of federal taxes owed.
Using Outdated Forms: Utilizing an outdated version of the IRS 940 form can lead to errors. Always ensure you are using the latest form available from the IRS website.
When filling out the IRS Form 940, which is used to report annual Federal Unemployment Tax Act (FUTA) taxes, it's important to follow certain guidelines to ensure accuracy and compliance. Here are six things you should and shouldn't do:
The IRS Form 941 is a closely related document to the IRS Form 940. While Form 940 is used primarily for reporting annual federal unemployment taxes, Form 941 serves a different purpose. Employers file Form 941 quarterly to report income taxes, Social Security tax, and Medicare tax withheld from employees' paychecks. Both forms are essential for compliance with federal tax obligations, but they differ in frequency and the types of taxes they cover. The distinctions between the two forms highlight the varying responsibilities employers have throughout the year.
Another document akin to the IRS Form 940 is the IRS Form 944. Designed for smaller employers, Form 944 allows them to report their payroll taxes annually instead of quarterly, as with Form 941. This simplification is beneficial for those with a lower payroll tax liability. Like Form 940, which focuses on unemployment taxes, Form 944 encompasses income, Social Security, and Medicare taxes, but it does so on a less frequent basis. Both forms emphasize the importance of timely and accurate reporting to avoid penalties.
The IRS Form 945 also shares similarities with Form 940, albeit in a different context. Form 945 is utilized to report federal income tax withheld from nonpayroll payments, such as pensions, annuities, and certain gambling winnings. While Form 940 focuses on unemployment taxes related to employees, Form 945 addresses withholding for various types of payments to individuals. Both forms require meticulous attention to detail to ensure compliance with federal tax laws, underscoring the diverse nature of tax reporting obligations.
Furthermore, the IRS Form W-2 stands as a relevant document in this discussion. Employers use Form W-2 to report wages paid to employees and the taxes withheld from those wages. Although Form W-2 is not a tax return like Form 940, it plays a crucial role in the overall tax reporting process. The information contained in Form W-2 is essential for employees when they file their personal income tax returns. Both forms reflect the employer's responsibilities in reporting tax-related information accurately and promptly.
The IRS Form 1099-MISC is another document that bears resemblance to Form 940, particularly in the realm of reporting payments. While Form 940 deals with unemployment taxes for employees, Form 1099-MISC is used to report payments made to independent contractors and other non-employees. Both forms are pivotal in ensuring that all taxable income is reported to the IRS. The distinctions lie in the nature of the payments and the relationship between the payer and payee, but both forms highlight the importance of accurate tax reporting.
In addition, the IRS Form 1040, the individual income tax return, can be seen as related to Form 940 in the broader context of tax compliance. While Form 940 focuses on employer obligations regarding unemployment taxes, Form 1040 is the means by which individuals report their income and pay taxes owed to the federal government. Both forms are crucial components of the U.S. tax system, ensuring that different entities fulfill their respective tax responsibilities, whether as employers or individuals.
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Lastly, the IRS Form 1065 serves as a relevant document for partnerships, paralleling the role of Form 940 for employers. Form 1065 is used by partnerships to report income, deductions, gains, and losses from the business operations. While Form 940 is specific to unemployment taxes for employees, Form 1065 deals with the financial reporting of partnerships, which may include employee compensation as part of their overall income. Both forms reflect the need for transparency and accountability in tax reporting, albeit in different contexts.