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The IRS 940 form plays a crucial role in the realm of payroll taxes, specifically for employers in the United States. This annual form is primarily used to report and pay federal unemployment taxes (FUTA), which fund unemployment benefits for workers who have lost their jobs. Employers must file this form if they meet certain criteria, such as paying wages to employees and meeting specific thresholds for unemployment tax liability. Each year, the deadline for submission typically falls on January 31, ensuring that businesses remain compliant with federal regulations. Understanding the nuances of the IRS 940 form is essential for employers, as it not only impacts their tax obligations but also affects their eligibility for unemployment insurance programs. Accurate completion of this form can help prevent penalties and ensure that employees receive the benefits they may need during challenging times.

Sample - IRS 940 Form

Form 940 for 2025: Employer’s Annual Federal Unemployment (FUTA) Tax Return

850125

 

Department of the Treasury — Internal Revenue Service

OMB No. 1545-0029

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

Read the separate instructions before you complete this form. Please type or print within the boxes.

Type of Return (Check all that apply.)

a. Amended

b. Successor employer

c. No payments to employees in 2025

d. Final: Business closed or stopped paying wages

Aggregate Return Filers Only

Type of filer (check one): Section 3504 Agent

Certified Professional Employer Organization (CPEO)

Other Third Party

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

1a

1b

2

Check here.

Complete Schedule A (Form 940).

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

4

 

Check all that apply: 4a

Fringe benefits

4c

 

4b

Group-term life insurance

4d

5 Total of payments made to each employee in excess of

$7,000 . . . . . . . . . . . . . . . . 5

6 Subtotal (line 4 + line 5 = line 6) . . . . . . . . . .

. . . . . . . . .. .

Retirement/Pension 4e Dependent care

.

. . . . . . . . . .

3

Other

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) . . . . . . . . . . . . .

7

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

9

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 . .

10

 

 

 

 

11

If credit reduction applies, enter the total from Schedule A (Form 940)

11

.

 

 

 

 

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)

12

.

 

 

 

 

13

FUTA tax deposited for the year, including any overpayment applied from a prior year .

13

.

14Balance 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

14

 

 

.

 

• If line 14 is $500 or less, you may pay with this return. See instructions . . . .

. . .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15a

Overpayment. If line 13 is more than line 12, enter the difference

 

 

 

.

 

15b

Check one:

Apply to

Send a

 

 

next return.

refund.

15c

Routing number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15d Type:

 

 

 

Checking

Savings

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

15e

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Account number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

You MUST complete both pages of this form and SIGN it.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

For Privacy Act and Paperwork Reduction Act Notice, see separate instructions. www.irs.gov/Form940 Cat. No. 11234O

Form 940 (2025) Created 6/2/25

850212

Name (not your trade name)

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) . . . . . . . . . 16a.

 

 

 

 

 

16b

2nd quarter (April 1 – June 30)

16b

.

 

 

 

 

 

 

16c

3rd quarter (July 1 – September 30)

16c

.

 

 

 

 

 

 

16d

4th quarter (October 1 – December 31)

16d

.

 

 

 

 

 

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)

Address

City

State

Check if you are self-employed

PTIN

Date

/

/

EIN

Phone

ZIP code

Page 2

Form 940 (2025)

Form 940-V, Payment Voucher

Purpose of Form

Complete Form 940-V if you’re paying your balance due on Form 940 by check or money order. 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 2025 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 (EFT). An EFT can be made using the Electronic Federal Tax Payment System (EFTPS), IRS Direct Pay, or your IRS business tax account. Don’t use Form 940-V to make federal tax deposits. You can also pay your balance due by EFT instead of sending Form 940-V. If you pay your balance due by EFT, file your return using the Without a payment address under Where Do You File? in the Instructions for Form 940; don’t file Form 940-V. For more information about EFTPS or to enroll in EFTPS, go to www.eftps.gov. For more information about IRS Direct Pay, go to www.irs.gov/DirectPay. For more information about making an EFT through your IRS business tax account, go to www.irs.gov/BusinessAccount. 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 if you’re paying your balance ! due on Form 940 by check or money order. CAUTION However, if you pay an amount with 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 going to 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 “2025” 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

Department of the Treasury

Internal Revenue Service

1Enter your employer identification number (EIN).

Payment Voucher

Don’t staple or attach this voucher to your payment.

2Enter the amount of your payment.

Make your check or money order payable to “United States Treasury.”

OMB No. 1545-0029

2025

Dollars

Cents

 

 

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.

File Specs

Fact Name Description
Purpose The IRS Form 940 is used to report annual Federal Unemployment Tax Act (FUTA) taxes.
Filing Frequency This form is filed annually, typically by January 31 of the following year.
Who Must File Employers who paid $1,500 or more in wages in any quarter of the year or had at least one employee for a day in any week of the year are required to file.
Tax Rate The standard FUTA tax rate is 6.0% on the first $7,000 of an employee's wages.
State Credits Employers may receive a credit of up to 5.4% for state unemployment taxes paid, reducing the effective FUTA rate.
State-Specific Forms Some states may have their own unemployment tax forms, governed by state laws such as the California Unemployment Insurance Code.
Penalties Failure to file or pay on time may result in penalties and interest charges.
Where to File Form 940 can be filed electronically or mailed to the appropriate IRS address, depending on the employer's location.

IRS 940 - Usage Guidelines

Completing the IRS 940 form is a crucial step for employers who need to report their annual Federal Unemployment Tax Act (FUTA) tax obligations. After filling out the form, ensure that you keep a copy for your records and submit it to the IRS by the designated deadline.

  1. Obtain the IRS 940 form from the IRS website or through tax preparation software.
  2. Provide your business name, address, and Employer Identification Number (EIN) in the designated sections.
  3. Indicate the year for which you are filing the form at the top of the document.
  4. Fill in the total payments made to employees during the year in the appropriate box.
  5. Calculate the taxable wages and enter that amount in the specified field.
  6. Determine the amount of FUTA tax owed by applying the appropriate tax rate to the taxable wages.
  7. Report any adjustments or credits for state unemployment taxes, if applicable.
  8. Complete the section regarding any payments made towards FUTA tax during the year.
  9. Sign and date the form, certifying that the information provided is accurate.
  10. Submit the completed form to the IRS by the deadline, either electronically or via mail.

Your Questions, Answered

What is the IRS Form 940?

The IRS Form 940 is an annual report used by employers to report their Federal Unemployment Tax Act (FUTA) tax obligations. This form helps the IRS track the unemployment taxes that employers pay to fund unemployment benefits for workers who lose their jobs. Employers must file this form if they paid $1,500 or more in wages in any calendar quarter or had at least one employee for some part of a day in any 20 or more weeks during the year.

Who needs to file Form 940?

Employers who meet the criteria mentioned above must file Form 940. This includes businesses, non-profits, and government entities that pay wages subject to FUTA tax. If your business is exempt from FUTA, you do not need to file this form.

When is Form 940 due?

Form 940 is typically due on January 31 of the year following the tax year being reported. If you make timely payments of your FUTA tax, you can extend the filing deadline to February 10. However, it’s crucial to ensure that your payment is made on time to qualify for the extension.

How do I file Form 940?

You can file Form 940 electronically using the IRS e-file system or by mailing a paper form to the address specified in the instructions. E-filing is often faster and more efficient, as it allows for quicker processing and confirmation of receipt.

What is the FUTA tax rate?

The FUTA tax rate is currently set at 6.0% on the first $7,000 of an employee's wages. However, if you pay state unemployment taxes, you may be eligible for a credit of up to 5.4%, reducing your effective FUTA rate to 0.6%. Always check the latest IRS guidelines for any updates to these rates.

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. You will indicate that there is no tax due on the form. Failing to file can lead to penalties, even if you owe no tax.

Can I amend a previously filed Form 940?

Yes, if you discover an error after filing Form 940, you can amend it by filing Form 940-X. This form allows you to correct mistakes and adjust your FUTA tax liability. Ensure you provide accurate information to avoid complications.

What happens if I miss the filing deadline?

Missing the filing deadline can lead to penalties and interest on any unpaid taxes. The IRS may impose a penalty of 5% of the unpaid tax for each month the return is late, up to a maximum of 25%. It’s best to file as soon as possible to minimize these penalties.

Where can I find more information about Form 940?

You can find detailed information about Form 940 on the IRS website. The site provides instructions, guidelines, and updates regarding the form and related tax obligations. Consulting a tax professional can also be beneficial for personalized assistance.

Common mistakes

  1. Incorrect Employer Identification Number (EIN): Many individuals mistakenly enter the wrong EIN. This number is crucial for identifying your business. A simple typo can lead to significant delays in processing your form.

  2. Failure to Report All Wages: Some people overlook reporting all wages paid to employees. This includes bonuses and other compensation. Not reporting the full amount can result in penalties or an inaccurate tax liability.

  3. Not Accounting for Seasonal Employees: Businesses with seasonal employees often forget to include them in their calculations. This can lead to underreporting and potential fines. Always ensure that all employees, regardless of their work duration, are accounted for.

  4. Missing Signatures: A common oversight is failing to sign the form. Without a signature, the IRS will not accept your submission. Always double-check that all required signatures are present before sending the form.

Documents used along the form

The IRS Form 940 is crucial for employers as it is used to report and pay federal unemployment taxes. However, it is often accompanied by several other forms and documents that play important roles in the payroll and tax processes. Understanding these documents can help ensure compliance and smooth operations for businesses.

  • IRS Form 941: This form is used by employers to report quarterly federal income taxes withheld from employee wages, along with the employer's share of Social Security and Medicare taxes.
  • IRS Form W-2: Employers must provide this form to employees at the end of the year. It summarizes an employee's total earnings and the taxes withheld, which employees need for their personal tax returns.
  • IRS Form W-3: This is a summary form that accompanies the W-2 forms when they are submitted to the IRS. It reports the total earnings, Social Security wages, and taxes withheld for all employees.
  • IRS Form 1099: This form is used to report various types of income other than wages, salaries, and tips. It is commonly issued to independent contractors and freelancers.
  • IRS Form 940 Schedule A: Employers who are liable for state unemployment taxes must complete this schedule to report their state unemployment tax information as part of their Form 940 filing.
  • State Unemployment Tax Forms: Each state has its own unemployment tax forms that employers must file, detailing state unemployment tax contributions and obligations.
  • IRS Form 8822: This form is used to notify the IRS of a change of address for individuals or businesses, ensuring that tax-related correspondence reaches the correct location.
  • Payroll Records: While not a specific IRS form, maintaining accurate payroll records is essential for compliance with tax laws and can support filings made with the IRS.
  • IRS Form SS-4: This form is used to apply for an Employer Identification Number (EIN), which is necessary for businesses to report taxes and other documents to the IRS.

Each of these forms and documents plays a vital role in the overall tax reporting process for employers. Familiarity with them can help ensure that businesses remain compliant with federal and state regulations, ultimately leading to smoother operations and less risk of penalties.

Similar forms

The IRS Form 941 is similar to the 940 form in that both are used by employers to report taxes related to employee wages. While Form 940 focuses on unemployment taxes for the entire year, Form 941 is filed quarterly and reports income taxes withheld, Social Security, and Medicare taxes. Employers must file Form 941 four times a year, ensuring that they keep up with their payroll tax responsibilities throughout the year.

Form 944 is another document that shares similarities with Form 940. This form is designed for smaller employers who have a lower payroll tax liability. Like Form 940, Form 944 is used to report federal income tax withheld and Social Security and Medicare taxes. However, Form 944 is filed annually, making it a more straightforward option for those with limited payroll activity.

Form 945 is also related to the IRS 940 form. It is used to report federal income tax withheld from nonpayroll payments, such as payments to independent contractors. While Form 940 focuses on unemployment taxes, Form 945 covers different types of income and withholding. Employers who make nonpayroll payments must file Form 945 annually, similar to how they file Form 940 for unemployment taxes.

The IRS Form W-2 is another important document that connects to the 940 form. W-2s report wages paid to employees and the taxes withheld from those wages. While Form 940 is focused on unemployment taxes, the W-2 provides a comprehensive overview of an employee's earnings and tax withholdings for the year. Employers use W-2s to ensure that employees have accurate records for their personal tax returns.

Form W-3 is a summary form that accompanies the W-2. It reports the total earnings and withholdings for all employees in a given tax year. Similar to the 940 form, which summarizes unemployment tax information, Form W-3 summarizes wage and tax information for the IRS. Employers must file Form W-3 with the Social Security Administration when submitting W-2 forms, ensuring that all data is accurately reported.

Form 1099-MISC is another document that relates to the IRS 940 form. This form is used to report payments made to independent contractors and other non-employees. While Form 940 focuses on unemployment taxes for employees, Form 1099-MISC covers payments outside of traditional employment relationships. Both forms are crucial for tax reporting, but they apply to different types of payments and taxpayers.

Finally, Form 1096 is a summary form that accompanies certain information returns, including 1099-MISC. It provides the IRS with a summary of all the 1099 forms submitted by a business. Like Form 940, which summarizes unemployment tax information, Form 1096 ensures that the IRS receives an overview of non-employee compensation. Employers must file Form 1096 when submitting paper copies of 1099 forms to the IRS.

Dos and Don'ts

When filling out the IRS 940 form, it is crucial to approach the task with care and attention to detail. The following list outlines essential dos and don'ts to ensure accuracy and compliance.

  • Do review the instructions thoroughly before starting the form.
  • Do ensure that all information is accurate and up to date.
  • Do double-check calculations to avoid errors.
  • Do file the form by the deadline to avoid penalties.
  • Don't leave any required fields blank; all sections must be completed.
  • Don't use outdated forms; always download the latest version from the IRS website.
  • Don't ignore state-specific requirements that may affect your federal filing.
  • Don't forget to keep a copy of the completed form for your records.

By following these guidelines, individuals can navigate the complexities of the IRS 940 form with greater confidence and accuracy.

Misconceptions

The IRS Form 940 is used by employers to report and pay unemployment taxes. However, several misconceptions exist about this form. Here are nine common misunderstandings:

  1. Form 940 is only for large employers.

    This is not true. Any employer who pays wages to employees and is subject to federal unemployment tax must file Form 940, regardless of the number of employees.

  2. Form 940 must be filed quarterly.

    Form 940 is an annual form. Employers are required to file it once a year, not quarterly.

  3. Only employers in certain states need to file Form 940.

    All employers who meet the criteria must file Form 940, regardless of the state in which they operate.

  4. Form 940 is the same as Form 941.

    These forms serve different purposes. Form 941 is used for reporting income taxes, Social Security, and Medicare taxes withheld from employee wages, while Form 940 focuses on unemployment taxes.

  5. Filing Form 940 is optional.

    This is incorrect. If an employer meets the criteria for filing, it is mandatory to submit Form 940.

  6. Form 940 is only for businesses with employees.

    Even if a business has independent contractors, it may still need to file Form 940 if it meets the wage thresholds for employees.

  7. Employers can ignore Form 940 if they pay state unemployment taxes.

    State unemployment taxes do not exempt employers from filing Form 940. Federal unemployment tax obligations still apply.

  8. Filing Form 940 guarantees a refund.

    While some employers may be eligible for a refund, filing does not automatically ensure one. The refund depends on the amount of federal unemployment tax paid.

  9. Form 940 is only for specific industries.

    All employers, regardless of industry, who meet the filing requirements must complete Form 940.

Understanding these misconceptions can help employers navigate their tax obligations more effectively.

Key takeaways

The IRS Form 940 is essential for employers who pay unemployment taxes. Here are some key takeaways to keep in mind when filling out and using this form:

  • Form 940 is used to report and pay federal unemployment taxes (FUTA).
  • Employers must file Form 940 annually, typically by January 31 of the following year.
  • Only employers who pay wages of $1,500 or more in a calendar quarter or have at least one employee for 20 weeks in a year are required to file.
  • The tax rate for FUTA is currently 6.0% on the first $7,000 of each employee's wages.
  • Employers can receive a credit of up to 5.4% for state unemployment taxes paid, reducing the effective FUTA rate.
  • Ensure that all employee wages are accurately reported to avoid penalties.
  • Form 940 can be filed electronically or via mail, but electronic filing is often faster and more efficient.
  • Keep a copy of the filed form for your records, as well as any supporting documents.
  • If you discover an error after filing, you can amend the form by submitting a corrected version.

Understanding these key points will help ensure compliance with federal unemployment tax requirements.