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501(c)(3) nonprofits are exempt from FUTA, so no Form 940 should be filed. If your nonprofit is tax-exempt under a 501(c)(4), 501(c)(6), or some other 501(c) code section, your nonprofit is NOT exempt from FUTA, and Form 940 will be required.
Employers must continue to file quarterly even if there are no employees during some quarters. Exceptions for Form 941 filing would be seasonal employers who dont pay employee wages during one or more quarters, employers of household employees, and employers of agricultural employees.
Late Filing Deposits made between six and 15 days late have a five percent penalty and a ten percent penalty for deposits more than 16 days late, plus interest. If you file Form 941 late, the IRS imposes a penalty of five percent per month or partial month you are late, up to a maximum of 25 percent.
Employers use Form 941 to: Report income taxes, Social Security tax, or Medicare tax withheld from employees paychecks. Pay the employers portion of Social Security or Medicare tax.
Use Form 940 to report your annual Federal Unemployment Tax Act (FUTA) tax. Together with state unemployment tax systems, the FUTA tax provides funds for paying unemployment compensation to workers who have lost their jobs. Most employers pay both a federal and a state unemployment tax. Only employers pay FUTA tax.
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Although Form 940 covers a calendar year, you may have to deposit your FUTA tax before you file your return. If your FUTA tax liability is more than $500 for the calendar year, you must deposit at least one quarterly payment. If your FUTA tax liability is $500 or less in a quarter, carry it forward to the next quarter.
Form 940 deals exclusively with the Federal Unemployment Tax (FUTA), which is not withheld from employees wages. Employers pay FUTA tax based on the wages they pay to employees. Form 941 reports payroll taxes, which include federal income tax withholding, Social Security tax, and Medicare tax.

941 irs 2025