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The Federal Unemployment Tax Act (FUTA), with state unemployment systems, provides for payments of unemployment compensation to workers who have lost their jobs. Most employers pay both a Federal and a state unemployment tax.
Form 940: This form 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: Form 941 reports payroll taxes, which include federal income tax withholding, Social Security tax, and Medicare tax.
A business must file Form 940 if it paid at least $1,500 in wages during any calendar quarter (January through March, April through June, July through September, and October through December) or the business employed one or more employees for any part of 20 or more different weeks in the current or previous year.
Unlike other payroll taxes, no portion of the FUTA tax is withheld from the employees paycheck. Instead, the employer simply calculates and pays the tax on their own. Luckily, the FUTA tax only comes out to about $42 per employee (except for California and New York, which are $84 per employee).
The employer still must pay by the January 31 deadline. For each and any part of a month the Form 940 is not filed, there is a failure-to-file penalty of 5 percent of the unpaid tax due with that return with a maximum penalty of 25 percent of the tax due.
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See the Instructions for Form 944 for more information. Employers are generally required to also file Form 940 annually.
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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