The IRS 940 form is an essential document that businesses use annually to report their Federal Unemployment Tax Act (FUTA) tax obligations. This tax helps fund state workforce agencies and supports the payment of unemployment compensation to individuals who have lost their jobs. Understanding this form is crucial for employers to comply with federal regulations and support their employees effectively during times of transition.
Keeping up with the myriad responsibilities that come with running a business can often feel overwhelming. Among these, managing taxes holds a place of prominence, not just for its importance but also due to the complexities involved. For businesses in the United States, understanding and correctly filing the IRS 940 form is a crucial annual requirement. This form, designed to report federal unemployment tax (FUTA), is essential for business owners to master. The FUTA tax, while paid by the employer and not deducted from employees' wages, plays a pivotal role in supporting the federal government’s oversight of state unemployment activities. Navigating the specifics can seem daunting – from determining which payments are subject to FUTA tax, to understanding the exemptions and credits that may reduce what is owed. This task is further complicated by the need to reconcile state unemployment contributions with federal requirements. Ensuring accuracy not only helps maintain compliance but can also safeguard against potential penalties. For businesses large and small, mastering the intricacies of the IRS 940 form is not just a legal requirement but a vital part of contributing to the safety net that supports the workforce during times of unemployment.
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.
Filing IRS Form 940 is a necessary step for employers to report their annual Federal Unemployment Tax Act (FUTA) tax. This form is critical because it helps to fund state workforce agencies. Employers must file this form to report the amount of unemployment taxes owed for employees. The process can seem daunting at first, but breaking it down into manageable steps can simplify the task. Here’s how to successfully complete the IRS Form 940.
Once you've mailed your form, you've completed your duty for filing the IRS Form 940 for the year. Remember, it's important to keep a copy of the form and any related documents for your records. Staying organized and informed about your tax obligations is essential for smooth business operations. If you have any uncertainties or need clarification, consulting a tax professional or the IRS directly can provide guidance tailored to your specific situation.
What is an IRS 940 form?
The IRS 940 form, also known as the Federal Unemployment Tax Act (FUTA) tax return, is a document that employers must file annually. It reports the amount of federal unemployment taxes that the employer has paid on behalf of their employees. FUTA tax, along with state unemployment systems, funds unemployment compensation paid to workers who have lost their jobs.
Who needs to file the IRS 940 form?
Most employers need to file the IRS 940 form if they paid wages of $1,500 or more in any quarter of the calendar year or if they had one or more employees for at least some part of a day in any 20 or more different weeks in the year. Different rules may apply for agricultural, household, and non-profit employers, which can be checked directly with the IRS.
When is the IRS 940 form due?
The deadline for filing the IRS 940 form is January 31st of the year following the reported year. However, if all FUTA tax was deposited when due, the deadline can be extended to February 10th. Employers are advised to check for any updates or changes to the filing deadline on the IRS website or consult a tax professional.
How can an employer calculate the FUTA tax?
FUTA tax is calculated at a percentage of the first $7,000 paid to each employee as wages during the year. As of the current guidelines, the FUTA tax rate is 6.0%, but employers may receive a credit of up to 5.4% for state unemployment taxes paid, effectively lowering the FUTA tax rate to 0.6% on these wages. It's important to note that any changes to these rates are announced by the IRS, and employers should check for the latest information.
What are common mistakes to avoid when filling out the IRS 940 form?
Employers should double-check their forms for these common errors and consider consulting with a tax professional to ensure accurate and timely filing.
One common mistake individuals make when filling out the IRS 940 form is not including all wages paid throughout the year. This form, designed to report annual Federal Unemployment Tax Act (FUTA) tax, requires employers to list total wages. However, sometimes, people overlook or mistakenly exclude certain payments, such as bonuses or commissions. This oversight can result in inaccurate tax calculations and potential penalties for underreporting wages.
Another error occurs when people fail to apply the correct FUTA tax rate. The standard FUTA tax rate is 6.0% on the first $7,000 paid to each employee annually. Employers can claim a credit of up to 5.4% for state unemployment taxes paid, but only if these payments were made in full and on time. If individuals do not accurately apply this tax rate and credit, it can lead to either an overpayment or underpayment of the tax owed.
A third mistake is inaccurately calculating the FUTA tax due after adjustments. The IRS 940 form requires employers to adjust their FUTA tax liability for special situations, such as exempt wages or credits for state unemployment contributions. Misunderstanding these adjustments leads to incorrect tax amounts being reported. Particularly, failing to account for state unemployment contributions accurately can result in an overestimation or underestimation of the tax obligation.
Lastly, failure to list each state where employees worked is a significant mistake. The form requires employers to detail in which states their employees performed work because state unemployment contributions affect the calculation of the FUTA tax credit. Neglecting to include every state, or incorrectly listing states where no work was performed, can impact the calculation of the credit and, by extension, the total tax due. This error is especially common among businesses that operate or have employees in multiple states.
The IRS Form 940 is an essential document for employers as it relates to federal unemployment tax. However, it's not the only form that businesses need to manage their taxes and employee paperwork efficiently. To ensure full compliance with the tax laws, several other forms and documents often accompany the IRS 940. Each serves a distinct purpose in the broader context of payroll and taxation requirements.
Together, these documents form the backbone of a comprehensive tax and payroll reporting framework for employers. Managing these forms properly ensures compliance with federal and state tax laws, contributing to the smooth operation of any business.
IRS Form 941, Employer's Quarterly Federal Tax Return: This document is closely related to the IRS 940 Form, as both pertain to employer tax obligations. While the 940 Form is an annual report paying unemployment taxes to the federal government, the 941 Form is submitted quarterly and reports on the withheld income tax, and the employer's and employees' share of Social Security and Medicare taxes. The similarity lies in their purpose of reporting employer tax liabilities and payments.
IRS Form 944, Employer's Annual Federal Tax Return: Designed for smaller employers to report their federal tax obligations annually, Form 944 shares its core purpose with the 940 Form. Both forms allow for annual reporting, but they cover different types of taxes: Form 940 focuses on unemployment taxes, whereas Form 944 is for reporting income tax, Social Security, and Medicare taxes withheld from employees' wages.
IRS Form W-2, Wage and Tax Statement: This form, which employers must send to employees and the Social Security Administration annually, reports an employee's annual wages and the amount of taxes withheld from their paycheck. The connection to Form 940 is indirect; the information on W-2 forms helps determine the total payroll expenses, which is necessary for calculating unemployment tax obligations reported on Form 940.
IRS Form W-3, Transmittal of Wage and Tax Statements: This document accompanies Form W-2 when submitted to the Social Security Administration. It summarizes the total earnings, Social Security wages, Medicare wages, and withholding for all employees for a given year. While W-3 itself does not report taxes akin to Form 940, it plays a pivotal role in confirming the accuracy of the payroll data, which affects unemployment tax calculations on the 940 Form.
Filing your IRS 940 form, which is used to report your annual Federal Unemployment Tax Act (FUTA) tax, is an important task that demands accuracy and attention to detail. Below are several do's and don'ts to keep in mind when preparing to fill out this form. These guidelines aim to help you navigate the process smoothly and avoid common pitfalls.
The IRS 940 form, officially known as the Federal Unemployment Tax Act (FUTA) Tax Return, is crucial for employers, but it's often misunderstood. Let's clarify some common misconceptions to ensure accuracy and compliance.
Understanding the specifics of IRS 940 can help employers avoid penalties and ensure they're meeting all federal requirements for unemployment tax reporting. Clearing up these misunderstandings is the first step toward compliance.
Understanding the Purpose: The IRS 940 form, officially known as the Employer's Annual Federal Unemployment (FUTA) Tax Return, is designed to report the amount of unemployment taxes that employers must pay. These taxes provide funds for paying unemployment compensation to workers who have lost their jobs.
Determining Eligibility: Not all businesses are required to file a 940 form. Only employers who pay wages of $1,500 or more in any calendar quarter or have at least one employee for a portion of a day in any 20 or more different weeks in the year need to file.
Filing Deadline: The IRS sets the deadline for filing Form 940 annually on January 31st. If all FUTA tax was deposited when due, the deadline may extend to February 10th. Late filings can result in penalties and interest charges.
Calculating FUTA Tax: The FUTA tax rate is 6.0% of the first $7,000 paid to each employee annually. Employers who pay state unemployment taxes in full and on time may receive a credit of up to 5.4%, reducing the effective Federal unemployment tax rate to 0.6%.
Credit Reduction States: Some states borrow funds from the federal government to cover state unemployment benefits and fail to repay the loans within the allotted time. Employers in these "credit reduction states" may not be eligible for the full credit and are required to pay additional federal unemployment tax.
Completing and Filing the Form: Employers should accurately calculate the total amount of FUTA tax liability and report any payments made throughout the year. Form 940 can be filed electronically or mailed to the IRS. Using electronic filing methods is encouraged for its ease and faster processing time.
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