Form 940 is the annual federal unemployment tax return. Learn who files it, how FUTA is calculated, when deposits are due, and California rules.
Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, reports an employer's federal unemployment tax for the calendar year. FUTA is generally paid by the employer rather than withheld from employees' wages. Form 940 is separate from Form 941, state unemployment filings, wage statements, and the deposits made during the year.
Most employers calculate FUTA quarterly for deposit purposes but file Form 940 only once for the year. A business can therefore have no fourth-quarter deposit and still need to file the annual return.
An employer generally becomes subject to FUTA under one of two tests: it paid at least the threshold amount of wages specified by the instructions in a calendar quarter, or it had at least one employee for part of a day in 20 or more different weeks during the current or preceding calendar year. Special tests and separate forms apply to household and agricultural employers.
Tax-exempt organizations, governmental employers, successor employers, and businesses using a third-party payroll arrangement may have different rules. Being an LLC, corporation, partnership, or sole proprietorship does not by itself answer whether Form 940 is required; employee and wage facts control.
For 2025, the statutory FUTA rate is 6.0% on the first $7,000 of FUTA-taxable wages paid to each employee. Employers that timely pay qualifying state unemployment contributions may generally receive a credit of up to 5.4%, producing a standard net federal rate of 0.6%.
| Item | Amount |
|---|---|
| FUTA wage base (per employee) | $7,000 |
| Net rate after maximum credit | 0.6% |
| Standard net FUTA per employee | $42 |
If ten employees each earn at least $7,000 of FUTA-taxable wages, the standard net FUTA would be $420 before any credit reduction or special adjustments. Wages above $7,000 for the same employee do not create additional regular FUTA tax for that year.
Certain payments may be exempt from FUTA, and successor-employer wage rules can prevent the wage base from restarting after a qualifying business transfer.
The full 5.4% credit is not automatic. Late state unemployment contributions can reduce the credit. An employer may also owe additional FUTA when it paid wages in a credit-reduction state — a state that has had an outstanding federal unemployment loan for the required period.
Schedule A (Form 940) is used for multi-state employers and employers with wages in a credit-reduction state. Because the list and reduction rate can change annually, California employers should not assume the prior year's effective FUTA rate remains correct.
For 2025, Form 940 was due February 2, 2026 because January 31 fell on a weekend. Employers that deposited all FUTA tax timely could file by February 10, 2026. The exact dates shift for weekends and holidays.
FUTA deposits are evaluated quarterly. If the accumulated undeposited FUTA liability exceeds $500 at the end of a quarter, it generally must be deposited by the last day of the following month. If it is $500 or less, it carries forward to the next quarter; a remaining year-end amount of $500 or less may generally be paid with the return.
Form 940 reports FUTA tax annually. Form 941 generally reports federal income tax withheld from employees plus employer and employee Social Security and Medicare taxes each quarter. FUTA is not reported on Form 941.
Employers also prepare Forms W-2 and W-3 for annual wage reporting. Independent-contractor payments generally do not belong on Form 940 merely because a Form 1099 is issued, but worker classification must be supportable.
California unemployment insurance is administered separately through the Employment Development Department. California employers generally file DE 9 and DE 9C quarterly and make payroll tax deposits separately, often through e-Services for Business. Those state filings do not replace Form 940, and Form 940 does not replace them.
Reconcile federal taxable wages, California subject wages, state unemployment contributions, Forms 941, Forms W-2/W-3, and general-ledger payroll accounts. Differences can be legitimate, but unexplained differences often indicate mapping or timing errors.
Keep payroll registers by employee, wage and exemption detail, state unemployment returns and payment confirmations, federal deposit confirmations, prior Forms 940 and 941, Forms W-2/W-3, worker-classification records, and ownership-change documents. Retain notices showing the employer's deposit obligations or state unemployment rate. A strong audit trail supports examination readiness and correction if errors are found later.
Heath Income Tax provides payroll and business-tax support for Santa Maria and California employers, including payroll-account reconciliation and coordination of federal and EDD filings.
Is FUTA withheld from employees?
Generally no. FUTA is an employer tax. State programs may involve different employer or employee contributions.
Do I file Form 940 every quarter?
No. It is an annual return, although liability must be calculated quarterly to determine deposits.
Can payroll software guarantee a correct Form 940?
Software can calculate from its setup, but state assignments, exemptions, successor wages, and credit-reduction treatment still require review.
What corrects an error?
An amended Form 940 may be required. Correcting the annual return does not automatically correct state filings, deposits, Forms 941, or wage statements.
The definitions and examples on this page are for informational purposes only and do not constitute tax advice. Tax laws change frequently and individual circumstances vary. Consult a qualified tax professional before making decisions based on this content.
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