Employment Law

What Is Federal Form 940 and Who Must File It?

Learn about Federal Form 940, who must file it, and the deadlines to avoid penalties and ensure compliance with federal tax laws.

Introduction to Federal Form 940

Federal Form 940 is an annual report that employers must file with the Internal Revenue Service (IRS) to report their federal unemployment tax liability. The form is used to calculate the employer's federal unemployment tax (FUTA) and to report any adjustments to prior year tax liabilities.

Employers who are subject to FUTA tax must file Form 940 by January 31st of each year, and must also make timely deposits of FUTA tax throughout the year to avoid penalties and interest.

Who Must File Federal Form 940

Most employers are required to file Federal Form 940 if they paid wages of $1,500 or more in any calendar quarter or had one or more employees who worked at least some part of a day in each of 20 different weeks.

This includes both for-profit and non-profit organizations, as well as government agencies, and even some types of trusts and estates that have employees.

Calculating FUTA Tax Liability

To calculate FUTA tax liability, employers must first determine their taxable wages, which are generally the first $7,000 of wages paid to each employee during the calendar year.

The FUTA tax rate is 6% of taxable wages, but employers who pay state unemployment taxes on time can receive a credit of up to 5.4% of taxable wages, which reduces the effective FUTA tax rate to 0.6%.

Filing and Payment Requirements

Employers must file Federal Form 940 by January 31st of each year, and must also make timely deposits of FUTA tax throughout the year to avoid penalties and interest.

The IRS requires electronic filing for most employers, and also offers online payment options for FUTA tax deposits and annual payments.

Penalties for Non-Compliance

Employers who fail to file Federal Form 940 or pay FUTA tax on time may be subject to penalties and interest, which can add up quickly.

The IRS may also assess additional penalties for intentional disregard of filing and payment requirements, so it is essential for employers to prioritize compliance with FUTA tax laws and regulations.

Frequently Asked Questions

What is the purpose of Federal Form 940?

The purpose of Federal Form 940 is to report federal unemployment tax liability and to calculate FUTA tax.

Who is required to file Federal Form 940?

Most employers who paid wages of $1,500 or more in any calendar quarter or had one or more employees who worked at least some part of a day in each of 20 different weeks.

What is the deadline for filing Federal Form 940?

The deadline for filing Federal Form 940 is January 31st of each year.

How is FUTA tax liability calculated?

FUTA tax liability is calculated based on taxable wages, which are generally the first $7,000 of wages paid to each employee during the calendar year.

What are the penalties for non-compliance with FUTA tax laws?

Penalties for non-compliance include penalties and interest, as well as potential additional penalties for intentional disregard of filing and payment requirements.

Can I file Federal Form 940 electronically?

Yes, the IRS requires electronic filing for most employers, and also offers online payment options for FUTA tax deposits and annual payments.