Employment Law

What Is a 940 Form Used For? FUTA Tax Explained

Discover the purpose of the 940 form and learn about FUTA tax, including who must pay and how to file

Introduction to the 940 Form

The 940 form is used by employers to report and pay federal unemployment tax, also known as FUTA tax. This tax is used to fund state workforce agencies that provide unemployment benefits to workers who have lost their jobs. Employers must file the 940 form annually to report their FUTA tax liability and pay any taxes due.

The 940 form is typically filed by employers who have paid wages of $1,500 or more in a calendar year or have had at least one employee who worked at least some part of a day in each of 20 or more different weeks in the calendar year. Employers who are required to file the 940 form must do so by January 31st of each year.

Who Must Pay FUTA Tax

Most employers are required to pay FUTA tax, including corporations, partnerships, and sole proprietorships. However, some employers are exempt from paying FUTA tax, such as government agencies and certain non-profit organizations. Employers who are required to pay FUTA tax must pay a tax rate of 6% on the first $7,000 of wages paid to each employee.

Employers who pay state unemployment taxes on time can receive a credit of up to 5.4% of the FUTA tax rate, which can reduce their FUTA tax liability. This means that employers who pay state unemployment taxes on time can pay a net FUTA tax rate of 0.6% on the first $7,000 of wages paid to each employee.

How to File the 940 Form

Employers can file the 940 form electronically or by mail. To file electronically, employers must use the Electronic Federal Tax Payment System (EFTPS) to submit their tax payment and file the 940 form. Employers who file by mail must complete the 940 form and attach a check or money order for the tax payment due.

Employers who are required to file the 940 form must also complete Schedule A, which reports the total wages paid to employees and the amount of FUTA tax due. Employers must also complete Schedule R, which reports the credit for state unemployment taxes paid.

Consequences of Not Filing the 940 Form

Employers who fail to file the 940 form or pay FUTA tax on time may be subject to penalties and interest. The IRS can impose a penalty of up to 25% of the tax due for failure to file the 940 form or pay FUTA tax on time. Employers may also be subject to interest on the tax due, which can accrue from the original due date of the tax payment.

In addition to penalties and interest, employers who fail to file the 940 form or pay FUTA tax on time may also be subject to audit by the IRS. The IRS may review the employer's payroll records and tax returns to determine if the employer has properly reported and paid FUTA tax.

Conclusion

The 940 form is an important tax form that employers must file annually to report and pay FUTA tax. Employers who are required to file the 940 form must do so by January 31st of each year and must pay any taxes due. Employers who fail to file the 940 form or pay FUTA tax on time may be subject to penalties and interest.

Employers who have questions about the 940 form or FUTA tax should consult with a tax professional or contact the IRS for guidance. The IRS provides resources and guidance on its website to help employers understand their tax obligations and file the 940 form correctly.

Frequently Asked Questions

What is the purpose of the 940 form?

The 940 form is used by employers to report and pay federal unemployment tax, also known as FUTA tax.

Who is required to file the 940 form?

Most employers are required to file the 940 form, including corporations, partnerships, and sole proprietorships.

What is the deadline for filing the 940 form?

The deadline for filing the 940 form is January 31st of each year.

How do I file the 940 form?

Employers can file the 940 form electronically or by mail using the Electronic Federal Tax Payment System (EFTPS).

What is the penalty for not filing the 940 form?

The penalty for not filing the 940 form can be up to 25% of the tax due, plus interest on the tax due.

Can I get an extension to file the 940 form?

Yes, employers can request an extension to file the 940 form by submitting Form 8809 to the IRS.