Employer's Annual Federal Unemployment (FUTA) Tax Return

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Page 1 of 12 Instructions for Form 940

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2011

Instructions for Form 940

Department of the Treasury
Internal Revenue Service

Employer’s Annual Federal Unemployment (FUTA) Tax Return
Section references are to the Internal Revenue Code unless
otherwise noted.

What’s New
FUTA tax rate for 2012. The FUTA tax rate was 6.2% from
January 1, 2011 through June 30, 2011 (quarters 1 and 2) and
decreased to 6.0% beginning July 1, 2011 through December
31, 2011 (quarters 3 and 4). Visit IRS.gov for updated
information.
Electronic deposit requirement. You must deposit all
depository taxes (such as employment tax, excise tax, and
corporate income tax) electronically using the Electronic
Federal Tax Payment System (EFTPS). Forms 8109 and
8109-B, Federal Tax Deposit Coupon, can no longer be used.
For more information about EFTPS or to enroll in EFTPS, visit
the EFTPS website at www.eftps.gov, or call 1-800-555-4477.
You can also get Pub. 966, The Secure Way to Pay Your
Federal Taxes.
Credit reduction state. A state that has not repaid money it
borrowed from the federal government to pay unemployment
benefits is a “credit reduction state.” The Department of Labor
determines these states. If an employer pays wages that are
subject to the unemployment tax laws of a credit reduction
state, that employer must pay additional federal unemployment
tax when filing its Form 940.
For 2011, there are credit reduction states. If you paid any
wages that are subject to the unemployment compensation
laws of any state, you are not allowed the credit reduction rate
(i.e., .003 or .006) of the regular .054 credit. Use Schedule A
(Form 940), Part 2, to figure the tax. For more information, see
the Specific Instructions on page 2 of Schedule A (Form 940) or
visit IRS.gov.
Aggregate Form 940 filers. Agents must complete Schedule
R (Form 940), Allocation Schedule for Aggregate Form 940
Filers when filing an aggregate Form 940. Aggregate Forms
940 are filed by agents of home care service recipients
approved by the IRS under section 3504 of the Internal
Revenue Code. To request approval to act as an agent for an
employer, the agent must file Form 2678, Employer/Payer
Appointment of Agent, with the IRS.
Reference to Form 940 line 7 Reference to Form 940 line 7
has been changed to line 7(a) and line 7(b) and 7(d) were
added due to changes to Form 940.
Computation of the FUTA tax liability Computation of the
FUTA tax liability was changed to indicate that change in law
thus resulting in a two part computation:
• For FUTA wages paid before 7/1/2011 multiply the amount
by .008.
• For FUTA wages paid after 6/30/2011 multiply the amount by
.006.

Reminders
Disregarded entities and qualified subchapter S
subsidiaries (Qsubs). For wages paid on or after January 1,
2010, business entities that are disregarded as separate from
their owner, including qualified subchapter S subsidiaries, are
required to withhold and pay employment taxes and file
employment tax returns using the name and EIN of the
disregarded entity. For more information, see Disregarded
entities on page 5.
State unemployment information. You are no longer
required to list your state reporting number(s) on Form 940.
Aug 02, 2011

When you registered as an employer with your state, the state
assigned you a state reporting number. If you do not have a
state unemployment account and state experience tax rate, or if
you have questions about your state account, you must contact
your state unemployment agency. A contact list (for general
information only) of state unemployment tax agencies is
provided on page 12.
You can file and pay electronically. Using electronic options
available from the Internal Revenue Service (IRS) can make
filing a return and paying your federal tax easier. You can use
IRS e-file to file a return and EFTPS to make deposits or pay in
full whether you rely on a tax professional or prepare your own
taxes.
• For IRS e-file, visit IRS.gov for additional information.
• For EFTPS, visit www.eftps.gov or call EFTPS Customer
Service at 1-800-555-4477, 1-800-733-4829 (TDD), or
1-800-244-4829 (Spanish).
Electronic funds withdrawal (EFW). If you file Form 940
electronically, you can e-file and e-pay (electronic funds
withdrawal) the balance due in a single step using tax
preparation software or through a tax professional. However,
do not use EFW to make federal tax deposits. For more
information on paying your taxes using EFW, visit the IRS
website at IRS.gov/e-pay. A fee may be charged to file
electronically.
You can pay your balance due by credit or debit card. You
may pay your FUTA tax shown on line 14 using a major credit
card or debit card. However, do not use a credit or debit card to
pay taxes that are required to be deposited. (See When Must
You Deposit Your FUTA Tax? on page 3.) For more information
on paying your taxes with a credit or debit card, visit the IRS
website at IRS.gov/e-pay.
Photographs of missing children. IRS is a proud partner
with the National Center for Missing and Exploited Children.
Photographs of missing children selected by the Center may
appear in instructions on pages that would otherwise be blank.
You can help bring these children home by looking at the
photographs and calling 1-800-THE-LOST (1-800-843-5678) if
you recognize a child.

How Can You Get More Help?
If you want more information about this form, see Pub. 15
(Circular E), visit our website at IRS.gov, or call
1-800-829-4933.
For a list of related employment tax topics, visit the IRS
website at IRS.gov and click on the “Businesses” tab.

General Instructions:
Understanding Form 940
What’s the Purpose of Form 940?
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. Do not
collect or deduct FUTA tax from your employees’ wages.
The FUTA tax applies to the first $7,000 you pay to each
employee during a calendar year after subtracting any
payments exempt from FUTA tax.

Cat. No. 13660I

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These instructions give you some background information
about the Form 940. They tell you who must file the form, how
to fill it out line by line, and when and where to file it.

subsidiary, or business enterprise wholly owned by the tribe)
are exempt from FUTA tax and no Form 940 is required.
However, the tribe must have participated in the state
unemployment system for the full year and be in compliance
with applicable state unemployment law. For more information,
see section 3309(d).

Who Must File Form 940?
Except as noted below, if you answer “Yes” to either one of
these questions, you must file Form 940:
• Did you pay wages of $1,500 or more to employees in any
calendar quarter during 2010 or 2011?
• Did you have one or more employees for at least some part
of a day in any 20 or more different weeks in 2010 or 20 or
more different weeks in 2011? Count all full-time, part-time, and
temporary employees. However, if your business is a
partnership, do not count its partners.
If your business was sold or transferred during the year,
each employer who answered “Yes” to at least one question
above must file Form 940. However, do not include any wages
paid by the predecessor employer on your Form 940 unless you
are a successor employer. For details, see Successor employer
under Type of Return on page 5.
If you received a preprinted Form 940 and are not liable for
FUTA tax for 2011 because you made no payments to
employees in 2011, check box c in the top right corner of the
form. Then go to Part 7, sign the form, and file it with the IRS.
If you will not be liable for filing Form 940 in the future
because your business has closed or because you stopped
paying wages, check box d in the top right corner of the form.
See Final... under Type of Return on page 5 for more
information.

For tax-exempt organizations . . .
Religious, educational, scientific, charitable, and other
organizations described in section 501(c)(3) and exempt from
tax under section 501(a) are not subject to FUTA tax and do not
have to file Form 940.

For employers of state or local governments. . .
Services rendered by employees of a state of a political
subdivision or instrumentality of the state are exempt from
FUTA tax and no Form 940 is required.

When Must You File Form 940?
The due date for filing Form 940 for 2011 is January 31, 2012.
However, if you deposited all your FUTA tax when it was due,
you may file Form 940 by February 10, 2012.
If we receive your return after the due date, we will treat your
return as filed on time if the envelope containing your return is
properly addressed, contains sufficient postage, and is
postmarked by the U.S. Postal Service on or before the due
date or sent by an IRS-designated private delivery service on or
before the due date. However, if you do not follow these
guidelines, we will consider your return filed when it is actually
received. For a list of IRS-designated private delivery services,
see Pub. 15 (Circular E).

For employers of household employees . . .
If you are a household employer, you must pay FUTA tax on
wages that you paid to your household employees only if you
paid cash wages of $1,000 or more in any calendar quarter in
2010 or 2011.
A household employee performs household work in a:
• private home,
• local college club, or
• local chapter of a college fraternity or sorority.
Generally, employers of household employees must file
Schedule H (Form 1040), Household Employment Taxes,
instead of Form 940.
However, if you have other employees in addition to
household employees, you can choose to include the FUTA
taxes for your household employees on the Form 940 instead of
filing Schedule H (Form 1040). If you choose to include
household employees on your Form 940, you must also file
Form 941, Employer’s QUARTERLY Federal Tax Return, Form
943, Employer’s Annual Federal Tax Return for Agricultural
Employees, or Form 944, Employer’s ANNUAL Federal Tax
Return, to report social security, Medicare, and any withheld
federal income taxes for your household employees.
See Pub. 926, Household Employer’s Tax Guide, for more
information.

Where Do You File?
Where you file depends on whether you include a payment
(check or money order) with your return. However, mail your
amended return to the Without a payment address even if a
payment is included.
Without a
payment . . .

If you are in . . .

For agricultural employers . . .
File Form 940 if you answer “Yes” to either of these questions:
• Did you pay cash wages of $20,000 or more to farmworkers
during any calendar quarter in 2010 or 2011?
• Did you employ 10 or more farmworkers during some part of
the day (whether or not at the same time) during any 20 or
more different weeks in 2010 or 20 or more different weeks in
2011?
Count wages you paid to aliens who were admitted to the
United States on a temporary basis to perform farmwork
(workers with H-2(A) visas). However, wages paid to “H-2(A)
visa workers” are not subject to FUTA tax.
See Pub. 51 (Circular A), Agricultural Employer’s Tax Guide,
for more information.

For Indian tribal governments . . .
Services rendered by employees of a federally recognized
Indian tribal government employer (including any subdivision,

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With a payment . . .

EXCEPTION for tax-exempt
organizations, Federal, State and
Local Governments, and Indian
Tribal Governments, regardless
of your location

Department of the
Treasury
Internal Revenue
Service
Ogden, UT
84201-0046

Internal Revenue
Service
P.O. Box 105078
Atlanta, GA
30348-5078

Connecticut
Delaware
District of
Columbia
Georgia
Illinois
Indiana
Kentucky
Maine
Maryland
Massachusetts
Michigan
New Hampshire

New Jersey
New York
North Carolina
Ohio
Pennsylvania
Rhode Island
South Carolina
Tennessee
Vermont
Virginia
West Virginia
Wisconsin

Department of the
Treasury
Internal Revenue
Service
Cincinnati, OH
45999-0046

Internal Revenue
Service
P.O. Box 804521
Cincinnati, OH
45280-4521

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Florida
Hawaii
Idaho
Iowa
Kansas
Louisiana
Minnesota
Mississippi

Missouri
Montana
Nebraska
Nevada
New Mexico
North Dakota
Oklahoma
Oregon
South Dakota
Texas
Utah
Washington
Wyoming

Department of the
Treasury
Internal Revenue
Service
Ogden, UT
84201-0046

Internal Revenue
Service
P.O. Box 105078
Atlanta, GA
30348-5078

Page 3 of 12 Instructions for Form 940

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If you are in . . .
Puerto Rico
U.S. Virgin Islands

If the location of your legal
residence, principal place of
business, office, or agency is not
listed . . .

!

CAUTION

Without a
payment . . .

With a payment . . .

Internal Revenue
Service
P.O. Box 409101
Ogden, UT
84409

Internal Revenue
Service
P.O. Box 105174
Atlanta, GA
30348-5174

Internal Revenue
Service
P.O. Box 409101
Ogden, UT 84409

Internal Revenue
Service
P.O. Box 105174
Atlanta, GA
30348-5174

In years when there are credit reduction states, you
must include liabilities owed for credit reduction with your
fourth quarter deposit.
When To Deposit Your FUTA Tax
If your undeposited FUTA tax
is more than $500 on . . .*

Deposit your tax by . . .

March 31
June 30
September 30
December 31

April 30
July 31
October 31
January 31

*Also, see the instructions for line 16 on page 10.

Private delivery services cannot deliver to P.O. boxes.
You must use the U.S. Postal Service to mail an item to
a P.O. box address.

If any deposit due date falls on a Saturday, Sunday, or
TIP legal holiday, you may deposit on the next business day.

Credit for State Unemployment Tax Paid
to a State Unemployment Fund

How Do You Figure Your FUTA Tax
Liability for Each Quarter?

You get a credit for amounts you pay to a state (including the
District of Columbia, Puerto Rico, and the U.S. Virgin Islands)
unemployment fund by January 31, 2012 (or February 10,
2012, if that is your Form 940 due date). Your FUTA tax will be
higher if you do not pay the state unemployment tax timely. If
you did not pay all state unemployment tax by the due date of
Form 940, see the line 10 instructions on page 7.
State unemployment taxes are sometimes called
“contributions.” These contributions are payments that a state
requires an employer to make to its unemployment fund for the
payment of unemployment benefits. They do not include:
• any payments deducted or deductible from your employees’
pay;
• penalties, interest, or special administrative taxes; and
• voluntary amounts you paid to get a lower assigned state
experience rate.
Additional credit. You may receive an additional credit if you
have a state experience rate lower than 5.4% (.054). This
applies even if your rate varies during the year. This additional
credit is the difference between your actual state unemployment
tax payments and the amount you would have been required to
pay at 5.4%.
Special credit for successor employers. You may be
eligible for a credit based on the state unemployment taxes paid
by a predecessor. You may claim this credit if you are a
successor employer who acquired a business in 2011 from a
predecessor who was not an employer for FUTA purposes and,
therefore, was not required to file Form 940 for 2011. See
section 3302(e). You can include amounts paid by the
predecessor on the Worksheet on page 8 as if you paid them.
For details on successor employers, see Successor employer
under Type of Return, on page 5. If the predecessor was
required to file Form 940, see the line 5 instructions on page 6.

You owe a FUTA tax of 6.2% (.062) before 7/1/2011 and after
6/30/2011 of 6.0% (.060) on the first $7,000 of wages that you
paid to each employee during the calendar year. Most
employers receive a maximum credit of up to 5.4% (.054)
against this FUTA tax. Every quarter, you must figure how
much of the first $7,000 of each employee’s annual wages you
paid during that quarter.

Figure your tax liability
Before you can figure the amount to deposit, figure your FUTA
tax liability for the quarter. To figure your tax liability, add the
first $7,000 of each employee’s annual wages you paid during
the quarter, for FUTA wages paid before 7/1/2011 multiply that
amount by .008; for FUTA wages paid after 6/30/11 multiply
that amount by .006.
The tax rates are based on your receiving the maximum
credit against FUTA taxes. You are entitled to the maximum
credit if you paid all state unemployment tax by the due date of
your Form 940 or if you were not required to pay state
unemployment tax during the calendar year due to your state
experience rate.
Example. During the first quarter, you have 3 employees:
Employees A, B, and C. You paid $11,000 to Employee A,
$2,000 to Employee B, and $4,000 to Employee C during the
quarter.
To figure your liability for the first quarter, add the first $7,000 of each
employee’s wages:
$7,000 Employee A’s wages subject to FUTA tax
2,000 Employee B’s wages subject to FUTA tax
+ 4,000 Employee C’s wages subject to FUTA tax
$13,000 Total wages subject to FUTA tax for the first quarter

When Must You Deposit Your FUTA Tax?

$13,000 Total wages subject to FUTA tax for the first quarter
x .008 Tax rate (based on maximum credit of 5.4%)
$104 Your liability for the first quarter

Although Form 940 covers a calendar year, you may have to
deposit your FUTA tax before you file your return. If your FUTA
tax is more than $500 for the calendar year, you must deposit at
least one quarterly payment.
You must determine when to deposit your tax based on the
amount of your quarterly tax liability. If your FUTA tax is $500 or
less in a quarter, carry it over to the next quarter. Continue
carrying your tax liability over until your cumulative tax is more
than $500. At that point, you must deposit your tax for the
quarter. Deposit your FUTA tax by the last day of the month
after the end of the quarter. If your tax for the next quarter is
$500 or less, you are not required to deposit your tax again until
the cumulative amount is more than $500.
Fourth quarter liabilities. If your FUTA tax for the fourth
quarter (plus any undeposited amounts from earlier quarters) is
more than $500, deposit the entire amount by January 31,
2012. If it is $500 or less, you can either deposit the amount or
pay it with your Form 940 by January 31, 2012.

In this example, you do not have to make a deposit because your liability is
$500 or less for the first quarter. However, you must carry this liability over to
the second quarter.

If any wages subject to FUTA tax are not subject to state
unemployment tax, you may be liable for FUTA tax at a higher
rate (up to 6.0%). For instance, in certain states, wages paid to
corporate officers, certain payments of sick pay by unions, and
certain fringe benefits are excluded from state unemployment
tax.
Example. Employee A and Employee B are corporate
officers whose wages are excluded from state unemployment
tax in your state. Employee C’s wages are not excluded from
state unemployment tax. During the first quarter, you paid
$11,000 to Employee A, $2,000 to Employee B, and $4,000 to
Employee C.

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How Can You Amend a Return?

$ 9,000 Total FUTA wages for Employees A and B in 1st quarter
x .062 Tax rate
$558 Your liability for the first quarter for Employees A and B

You use the 2011 Form 940 to amend a return that you
previously filed for 2011. If you are amending a return for a
previous year, use the previous year’s Form 940.
Follow these steps:
• Use a paper return to amend a Form 940 filed under an
electronic filing program.
• Check the amended return box in the top right corner of Form
940, page 1, box a.
• Fill in all the amounts that should have been on the original
form.
• Sign the form.
• Attach an explanation of why you are amending your return.
For example, tell us if you are filing to claim credit for tax paid to
your state unemployment fund after the due date of Form 940.
• File the amended return using the Without a payment
address (even if a payment is included) under Where Do You
File? on page 2.

$4,000 Total FUTA wages subject to state unemployment tax
x .008 Tax rate (based on maximum credit of 5.4%)
$32 Your liability for the first quarter for Employee C
$540 Your liability for the first quarter for Employees A and B
+ 32 Your liability for the first quarter for Employee C
$590 Your liability for the first quarter for Employees A, B, and C
In this example, you must deposit $590 by April 30 because your liability for
the 1st quarter is more than $500.

How Must You Deposit Your FUTA Tax?
During 2011 you may have deposited your FUTA tax
electronically by using EFTPS or by depositing your tax with an
authorized financial institution (for example, a commercial bank
that is qualified to accept federal tax deposits). The financial
institution will send IRS a record of your payment to credit to
your business account.

Completing Your Form 940
Follow these guidelines to correctly fill out the
form.

You must deposit your FUTA tax using EFTPS
The IRS now requires beginning January 1, 2012, that you must
deposit all depository taxes (such as employment tax, excise
tax, and corporate income tax) electronically using EFTPS.
Under regulations, Forms 8109 and 8109-B, Federal Tax
Deposit Coupon, can longer be used. To get more information
or to enroll in EFTPS, visit the EFTPS website at www.eftps.
gov, or call 1-800-555-4477. You can also get Pub. 966, The
Secure Way to Pay Your Federal Taxes.
If your business is new, IRS will automatically pre-enroll you
in EFTPS when you apply for an employer identification number
(EIN). Follow the instructions on your EIN package to activate
your enrollment.

To help us accurately scan and process your form, please
follow these guidelines:
• Make sure your business name and EIN are on every page of
the form and any attachments.
• If you type or use a computer to fill out your form, use a
12-point Courier font, if possible.
• Make sure you enter dollars to the left of the preprinted
decimal point and cents to the right.
• Do not enter dollar signs or decimal points. Commas are
optional.
• You may choose to round your amounts to the nearest dollar,
instead of reporting cents on this form. If you choose to round,
you must round all entries. To round, drop the amounts under
50 cents and increase the amounts from 50 to 99 cents to the
next dollar. For example, $1.49 becomes $1.00 and $2.50
becomes $3.00. If you use two or more amounts to figure an
entry on the form, use cents to figure the answer and round the
answer only.
• If you have a line with the value of zero, leave it blank.

To make your EFTPS payments on time, you must
initiate the transaction at least 1 business day before the
CAUTION
date the deposit is due.
Same-day payment option. If you fail to initiate a deposit
transaction on EFTPS at least 1 business day before the date a
deposit is due, you can still make your deposit on time by using
the FTA (FEDERAL TAX APPLICATION). If you ever need the
same-day payment method, you will need to make
arrangements with your financial institution ahead of time. FTA
allows you to initiate the transaction and have the funds
transferred from your financial institution on the same day.
Enrollment in EFTPS automatically enrolls you in FTA.
Instructions for using FTA are included in your EFTPS
enrollment package. Please check with your financial institution
regarding availability, deadlines, and costs. Generally, your
bank will charge you a fee for payments made this way.
Business taxpayers can use FTA even if not enrolled, but may
need help to have their financial institution use the proper
format for making the payment. The guidelines for financial
institutions for making payments using FTA can be found at
http://fms.treas.gov/eftps/transition_materials.html

!

Employer Identification Number (EIN),
Name, Trade Name, and Address
Review your business information at the top of
the form.
If you pay a tax preparer to fill out Form 940, make sure the
preparer shows your business name and EIN exactly as they
appear on the preprinted form we sent you or as assigned by
the IRS.
If you are using a copy of Form 940 that has your business
name and address preprinted at the top of the form, check to
make sure that the information is correct. Carefully review your
EIN to make sure that it exactly matches the EIN assigned to
your business by the IRS. If any information is incorrect, cross it
out and type or print the correct information. See Tell us if you
change your name or address on page 5.
If you are not using a preprinted Form 940, type or print your
EIN, name, and address in the spaces provided. You must
enter your name and EIN here and on page 2. Enter the
business (legal) name that you used when you applied for your
EIN on Form SS-4, Application for Employer Identification
Number. For example, if you are a sole proprietor, enter
“Ronald Smith” on the Name line and “Ron’s Cycles” on the
Trade Name line. Leave the Trade Name line blank if it is the
same as your Name.
Employer identification number (EIN). The IRS monitors tax
filings and payments by using a numerical system to identify
taxpayers and to make sure that businesses comply with

How Can You Avoid Penalties and
Interest?
Penalties and interest are assessed at a rate set by law on
taxes paid late, returns filed late or incorrectly, insufficient
payments made, and failure to pay using EFTPS (when
required).
You can avoid paying penalties and interest if you:
• deposit or pay your tax when it is due, using EFTPS if
required; and
• file your completed Form 940 accurately and on time.
If you receive a notice about penalty and interest after you
file this return, send us an explanation and we will determine if
you meet reasonable-cause criteria. Do not attach an
explanation when you file your Form 940.

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Disregarded entities. A disregarded entity is required to file
Form 940 using its name and Employer Identification Number
(EIN), not the name and EIN of its owner. An entity that has a
single owner and is disregarded as separate from its owner for
federal income tax purposes is treated as a separate entity for
purposes of payment and reporting federal employment taxes.
If the entity does not currently have an EIN, it must apply for
one using one of the methods explained earlier. Disregarded
entities include single-owner limited liability companies (LLCs)
that have not elected to be taxed as a corporation for federal
income tax purposes, qualified subchapter S subsidiaries, and
certain foreign entities treated as disregarded entities for U.S.
income tax purposes. Although a disregarded entity is treated
as a separate entity for employment tax purposes, it is not
subject to FUTA tax if it is owned by a tax-exempt organization
under section 501(c)(3) and is not required to file Form 940. For
more information, see Disregarded entities and qualified
subchapter S subsidiaries in the Introduction section of Pub. 15
(Circular E), Employer’s Tax Guide.

federal tax laws. A unique 9-digit EIN is assigned to all
corporations, partnerships, and some sole proprietors.
Businesses that need an EIN must apply for a number and use
it throughout the life of the business on all tax returns,
payments, and reports.
Your business should have only one EIN. If you have more
than one and are unsure which one to use, call 1-800-829-4933
to verify your correct EIN.
If you do not have an EIN, apply for one by:

• Visiting the IRS website at IRS.gov and clicking on Apply for
an Employer Identification Number (EIN) Online under Online
Services.
• Calling 1-800-829-4933 and applying by telephone, or
• Filling out Form SS-4 and mailing it to the address in the
Instructions for Form SS-4 or faxing it to the number in the
Instructions for Form SS-4.

If you do not have an EIN by the time a return is due, write
“Applied For” and the date you applied in the space shown for
the EIN on pages 1 and 2 of your return.

Specific Instructions

Always be sure the EIN on the form you file exactly
TIP matches the EIN that IRS assigned to your business. Do
not use a social security number or individual taxpayer
identification number (ITIN) on forms that ask for an EIN. Filing
a Form 940 with an incorrect EIN or using the EIN of another’s
business may result in penalties and delays in processing your
return.

Part 1: Tell Us About Your Return
1. If you were required to pay your state
unemployment tax in . . .

Tell us if you change your name or address.
Notify the IRS immediately if you change your business name
or address.
• If your business name changes, write to the IRS using the
Without a payment address. See Where Do You File? on page
2. Also see Pub. 1635, Understanding Your EIN, for general
information on EINs.
• If your address changes, complete and mail Form 8822,
Change of Address. Do not attach Form 8822 to your Form
940. Mail Form 8822 separately to the address indicated on
Form 8822.

Identify the state(s) where you were required to pay state
unemployment taxes.
1a. One state only. Enter the two-letter U.S. Postal Service
abbreviation for the state where you were required to pay your
tax on line 1a. For a list of state abbreviations, see the
Instructions for Schedule A (Form 940) or visit the website for
the U.S. Postal Service at www.usps.com.
1b. More than one state (you are a multi-state employer) .
Check the box on line 1b. Then fill out Part 1 of Schedule A
(Form 940), and attach it to your Form 940.

Type of Return

2. If you paid wages in a state that is subject to
credit reduction.

Review the box at the top of the form. If any line applies to you,
check the appropriate box to tell us which type of return you are
filing. You may check more than one box.
Amended. If this is an amended return that you are filing to
correct a return that you previously filed, check box a.
Successor employer. Check box b if you are a successor
employer and:
• You are reporting wages paid before you acquired the
business by a predecessor who was required to file a Form
940 because the predecessor was an employer for FUTA tax
purposes, or
• You are claiming a special credit for state unemployment
tax paid before you acquired the business by a predecessor
who was not required to file a Form 940 because the
predecessor was not an employer for FUTA tax purposes.

If you paid wages that are subject to the unemployment tax
laws of a credit reduction state, you may have to pay more
FUTA tax when filing your Form 940.
A state that has not repaid money it borrowed from the
federal government to pay unemployment benefits is called a
credit reduction state. The U.S. Department of Labor
determines which states are credit reduction states.
For tax year 2011, there are credit reduction states. If you
paid wages subject to the unemployment tax laws of these
states, check the box on line 2 and fill out Part 2 of Schedule A
(Form 940). See the instructions for line 9 before completing
Part 2 of Schedule A (Form 940).

Part 2: Determine Your FUTA Tax Before
Adjustments for 2011

A successor employer is an employer who:

• Acquires substantially all the property used in a trade or

If any line in Part 2 does not apply, leave it blank.

business of another person (predecessor) or used in a
separate unit of a trade or business of a predecessor, and
• Immediately after the acquisition, employs one or more
people who were employed by the predecessor.
No payments to employees in 2011. If you are not liable
for FUTA tax for 2011 because you made no payments to
employees in 2011, check box c. Then go to Part 7, sign the
form, and file it with the IRS.
Final: Business closed or stopped paying wages. If this
is a final return because you went out of business or stopped
paying wages and you will not be liable for filing Form 940 in
the future, check box d. Complete all applicable lines on the
form, sign it in Part 7, and file it with the IRS. Include a
statement showing the address at which your records will be
kept and the name of the person keeping the records.

3. Total payments to all employees
Report the total payments you made during the calendar year
on line 3. Include payments for the services of all employees,
even if the payments are not taxable for FUTA. Your method of
payment does not determine whether payments are wages.
You may have paid wages hourly, daily, weekly, monthly, or
yearly. You may have paid wages for piecework or as a
percentage of profits. Include:

• Compensation, such as:

— Salaries, wages, commissions, fees, bonuses, vacation
allowances, and amounts you paid to full-time, part-time, or
temporary employees.
• Fringe benefits, such as:

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— Sick pay (including third-party sick pay if liability is
transferred to the employer). For details on sick pay, see
Pub. 15-A, Employer’s Supplemental Tax Guide.
— The value of goods, lodging, food, clothing, and non-cash
fringe benefits.
— Section 125 (cafeteria) plan benefits.
• Retirement/Pension, such as:
— Employer contributions to a 401(k) plan, payments to an
Archer MSA, payments under adoption assistance
programs, and contributions to SIMPLE retirement accounts
(including elective salary reduction contributions).
— Amounts deferred under a non-qualified deferred
compensation plan.
• Other payments, such as:
— Tips of $20 or more in a month that your employees
reported to you.
— Payments made by a predecessor employer to the
employees of a business you acquired.
— Payments to nonemployees who are treated as your
employees by the state unemployment tax agency.

!

See For agricultural employers on page 2 or get Pub. 51
(Circular A), Agricultural Employer’s Tax Guide.
— Payments made under a workers’ compensation law
because of a work-related injury or sickness. See section 6
of Pub. 15-A, Employer’s Supplemental Tax Guide.
— Payments for domestic services if you did not pay cash
wages of $1,000 or more (for all domestic employees) in any
calendar quarter in 2010 or 2011. See Pub. 926, Household
Employer’s Tax Guide.
— Payments for services provided to you by your parent,
spouse, or child under the age of 21. See section 3 of Pub.
15 (Circular E), Employer’s Tax Guide.
— Payments for certain fishing activities. See Pub. 334,Tax
Guide for Small Businesses.
— Payments to certain statutory employees. See section 1
of Pub. 15-A, Employer’s Supplemental Tax Guide.
— Payments to nonemployees who are treated as your
employees by the state unemployment tax agency.
See section 3306 and its related regulations for more
information about FUTA taxation of retirement plan
contributions, dependent care payments, and other payments.
For more information on payments exempt from FUTA tax,
see section 14 in Pub. 15 (Circular E) or section 10 in Pub. 51
(Circular A).

Wages may be subject to FUTA tax even if they are
excluded from your state’s unemployment tax.

CAUTION

For details on wages and other compensation, see section 5
of Pub. 15-A, Employer’s Supplemental Tax Guide.

Example:
You had 3 employees. You paid $44,000 to Employee A including
$2,000 in health insurance benefits. You paid $8,000 to Employee B,
including $500 in retirement benefits. You paid $16,000 to Employee C,
including $2,000 in health and retirement benefits.

Example:
You had 3 employees. You paid $44,000 to Employee A, $8,000 to
Employee B, and $16,000 to Employee C.
$44,000
8,000
+ 16,000
$68,000

$ 2,000
500
+ 2,000
$4,500

Amount paid to Employee A
Amount paid to Employee B
Amount paid to Employee C
Total payments to employees. You would enter this
amount on line 3.

4. Payments exempt from FUTA tax

Health insurance benefits for Employee A
Retirement benefits for Employee B
Health and retirement benefits for Employee C
Total payments exempt from FUTA tax. You would
enter this amount on line 4 and check boxes 4a and
4c.

5. Total of payments made to each employee in
excess of $7,000

If you enter an amount on line 4, check the appropriate box or
boxes on lines 4a through 4e to show the types of payments
exempt from FUTA tax. You only report a payment as
exempt from FUTA tax on line 4 if you included the
payment on line 3.

Only the first $7,000 you paid to each employee in a calendar
year is subject to FUTA tax. This $7,000 is called the FUTA
wage base.
Enter on line 5 the total of the payments over $7,000 you
paid to each employee during 2011 after subtracting any
payments exempt from FUTA tax shown on line 4.

Some payments are exempt from FUTA tax because the
payments are not included in the definition of wages or the
services are not included in the definition of employment.
Payments exempt from FUTA tax may include:

Following our example:

• Fringe benefits, such as:

You had 3 employees. You paid $44,000 to Employee A, $8,000 to
Employee B, and $16,000 to Employee C, including a total of $4,500 in
payments exempt from FUTA tax for all 3 employees. (To determine the
total payments made to each employee in excess of the FUTA wage
base, the payments exempt from FUTA tax and the FUTA wage base
must be subtracted from total payments. These amounts are shown in
parentheses.)

— The value of certain meals and lodging.
— Contributions to accident or health plans for employees,
including certain employer payments to a Health Savings
Account or an Archer MSA.
— Employer reimbursements (including payments to a third
party) for qualified moving expenses, to the extent that these
expenses would otherwise be deductible by the employee.
— Payments for benefits excluded under section 125
(cafeteria) plans.
• Group term life insurance.
For information about group term life insurance and other
payments for fringe benefits that may be exempt from FUTA
tax, see Pub. 15-B, Employer’s Tax Guide to Fringe Benefits.
• Retirement/Pension, such as employer contributions to a
qualified plan, including a SIMPLE retirement account (other
than elective salary reduction contributions) and a 401(k) plan.
• Dependent care, such as payments (up to $5,000 per
employee, $2,500 if married filing separately) for a qualifying
person’s care that allows your employees to work and that
would be excludable by the employee under section 129.
• Other payments, such as:
— All non-cash payments and certain cash payments for
agricultural labor, and all payments to “H-2(A)” visa workers.

Employees
Total payments to
employees
Payments exempt from
FUTA tax
FUTA wage base

A
$44,000

B
$8,000

C
$16,000

(2,000)

(500)

(2,000)

(7,000)

(7,000)

(7,000)

$35,000

$ 500

$ 7,000

$35,000
500
+ 7,000
$42,500 Total of payments made to each employee in excess of
$7,000. You would enter this amount on line 5.

If you are a successor employer . . . When you figure the
payments made to each employee in excess of $7,000, you

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may include the payments that the predecessor made to the
employees who continue to work for you only if the
predecessor was an employer for FUTA tax purposes resulting
in the predecessor being required to file Form 940.

If you were not required to pay state unemployment tax
because all of the wages you paid were excluded from state
unemployment tax, you must pay FUTA tax at the 6.0% (.060)
rate. For example, if your state unemployment tax law excludes
wages paid to corporate officers or employees in specific
occupations, and the only wages you paid were to corporate
officers or employees in those specific occupations, you must
pay FUTA tax on those wages at the full FUTA rate of 6.0%
(.060). When you figured the FUTA tax before adjustments on
line 8, it was based on the maximum allowable credit (5.4%) for
state unemployment tax payments. Because you did not pay
state unemployment tax, you do not have a credit and must
figure this adjustment.

Example for successor employers:
During the calendar year, the predecessor employer paid $5,000 to
Employee A. You acquired the predecessor’s business. After the
acquisition, you employed Employee A and paid Employee A an
additional $3,000 in wages. None of the amounts paid to Employee A
were payments exempt from FUTA tax.
$5,000 Wages paid by predecessor employer
+ 3,000 Wages paid by you
$8,000 Total payments to Employee A. You would include this
amount on line 3.

If line 9 applies to you, lines 10 and 11 do not apply to you.
Therefore, leave lines 10 and 11 blank. Do not fill out the
worksheet in the instructions or Part 2, Schedule A (Form 940).

$8,000 Total payments to Employee A
– 7,000 FUTA wage base
$1,000 Payments made to Employee A in excess of $7,000.

10. If SOME of the taxable FUTA wages you paid
were excluded from state unemployment tax,
OR you paid ANY state unemployment tax late...
You must fill out the worksheet on the next page if:
• Some of the taxable FUTA wages you paid were excluded
from state unemployment, or
• Any of your payments of state unemployment tax were late.
The worksheet takes you step by step through the process of
figuring your credit. On page 9, you’ll find an example of how to
use it. Do not complete the worksheet if line 9 applied to you
(see instructions above).

$1,000 Payments made to Employee A in excess of $7,000.
+ 5,000 Taxable FUTA wages paid by predecessor employer
$6,000 You would include this amount on line 5.

6. Subtotal
To figure your subtotal, add the amounts on lines 4 and 5 and
enter the result on line 6.
+

Before you can properly fill out the worksheet, you will
need to gather the following information:
• Taxable FUTA wages (from line 7(a) of Form 940),
• Taxable state unemployment wages (state and federal wage
bases may differ),
• The experience rates assigned to you by the states where
you paid wages,
• The amount of state unemployment taxes you paid on time
(On time means that you paid the state unemployment taxes by
the due date for filing Form 940), and
• The amount of state unemployment taxes you paid late. (Late
means after the due date for filing Form 940.)

line 4
line 5
line 6

7. Total taxable FUTA wages
To figure your total taxable FUTA wages, subtract line 6 from
line 3 and enter the result on line 7(a).
−

line 3
line 6
line 7(a)

8. FUTA tax before adjustments
To figure your total FUTA tax before adjustments, multiply line
7(b) by .008 for wages paid before 7/1/2011 and line 7(d) by
.006 for wages paid after 6/30/2011 then enter the result on line
8.

Do not include any penalties, interest, or unemployment
taxes deducted from your employees’ pay in the amount
CAUTION
of state unemployment taxes. Also, do not include as
state unemployment taxes any special administrative taxes or
voluntary contributions you paid to get a lower assigned
experience rate or any surcharges, excise taxes, or
employment and training taxes. (These items are generally
listed as separate items on the state’s quarterly wage report.)

!

line 7(b) x .008 (before 7/1/2011)
line 7(d) x .006 (after 6/30/2011)
line 8

Part 3: Determine Your Adjustments

For line 3 of the worksheet:
• If any of the experience rates assigned to you were less than
5.4% for any part of the calendar year, you must list each
assigned experience rate separately on the worksheet.
• If you were assigned six or more experience rates that were
less than 5.4% for any part of the calendar year, you must use
another sheet to figure the additional credits and then include
those additional credits in your line 3 total.

If any line in Part 3 does not apply, leave it blank.

9. If ALL of the FUTA wages you paid were
excluded from state unemployment tax. . .
If all of the FUTA wages you paid were excluded from state
unemployment tax, multiply line 7(a) by .054 and enter the
result on line 9.

After you complete the worksheet, enter the amount from
line 7 of the worksheet on line 10 of Form 940. Do not attach
the worksheet to your Form 940. Keep it with your records.

line 7(a)
x .054
line 9

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Worksheet—Line 10
Before you begin: Use this worksheet to figure your credit if:
u
some of the wages you paid were excluded from state unemployment tax, OR
u
you paid any state unemployment tax late.
For this worksheet, do not round your figures.
Before you can properly fill out this worksheet, you must gather this information:
■

Taxable FUTA wages (from line 7(a) of Form 940)

■

Taxable state unemployment wages

■

The experience rates assigned to you by the states where you paid wages

■

The amount of state unemployment taxes you paid on time. (On time means that you paid the state unemployment taxes by the due date for filing the Form 940.)
Include any state unemployment taxes you paid on nonemployees who were treated as employees by your state unemployment agency.

■

The amount of state unemployment taxes you paid late. (Late means after the due date for filing Form 940.)

1. Maximum allowable credit — Enter line 7(a) from Form 940
(Form 940, line 7(a) x .054 = line 1).

.

x

.054 on line 1

2. Credit for timely state unemployment tax payments — How much did you pay on time?

•

If line 2 is equal to or more than line 1, STOP here.
blank.

•

If line 2 is less than line 1, continue this worksheet.

STOP

1.

.

2.

.

3.

.

4.

.

5d.

.

6.

.

7.

.

You have completed the worksheet. Leave line 10 of Form 940

3. Additional credit — Were ALL of your assigned experience rates 5.4% or more?

•

If yes, enter zero on line 3. Then go to line 4 of this worksheet.

•

If no, fill out the computations below. List ONLY THOSE STATES for which your assigned experience rate for any part of the
calendar year was less than 5.4%.
State

Computation rate
The difference between 5.4%
(.054) and your assigned
experience rate
(.054 – .XXX (assigned
experience rate) = computation
rate)

Taxable state
unemployment wages at
assigned experience rate

Additional Credit

1.

.

x

.

=

.

2.

.

x

.

=

.

3.

.

x

.

=

.

4.

.

x

.

=

.

5.

.

x

.

=

.

Total

If you need more lines, use another sheet and include those
additional credits in the total.

.
Enter the total on line 3.

4. Subtotal (line 2 + line 3 = line 4)

•

If line 4 is equal to or more than line 1, STOP here.

•

If line 4 is less than line 1, continue this worksheet.

STOP

You have completed the worksheet. Leave line 10 of Form 940 blank.

5. Credit for paying state unemployment taxes late:
5a. What is your remaining allowable credit? (line 1 – line 4 = line 5a)

5a.

.

5b. How much state unemployment tax did you pay late?

5b.

.

5c. Which is smaller, line 5a or line 5b? Enter the smaller number here.

5c.

.

5d. Your allowable credit for paying state unemployment taxes late (line 5c x .90 = line 5d)
6. Your FUTA credit (line 4 + line 5d = line 6)

•

If line 6 is equal to or more than line 1, STOP here.

•

If line 6 is less than line 1, continue this worksheet.

STOP

You have completed the worksheet. Leave line 10 of Form 940 blank.

7. Your adjustment (line 1 – line 6 = line 7)

Enter line 7 from this worksheet on
line 10 of Form 940.

Do not attach this worksheet to your Form 940. Keep it for your records.

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12. Total FUTA tax after adjustments

Example for using the worksheet:

Add the amounts shown on lines 8, 9, 10, and 11, and enter the
result on line 12.

Employee A and Employee B are corporate officers whose wages are
excluded from state unemployment tax in your state. Employee C’s wages
are not excluded from state unemployment tax. During 2011, you paid
$44,000 to Employee A, $22,000 to Employee B, and $16,000 to Employee
C. Your state’s wage base is $8,000. You paid some state unemployment
tax on time, some late, and some remains unpaid.

line 8
line 9
line 10
+line 11
line 12

Here are the records:
Total taxable FUTA wages (line 7(a) of Form 940)
Taxable state unemployment wages . . . . . . . . .
Experience rate for 2011 . . . . . . . . . . . . . . . .
State unemployment tax paid on time . . . . . . . .
State unemployment tax paid late . . . . . . . . . . .
State unemployment tax not paid . . . . . . . . . . .

.
.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.
.

.
.
.
.
.
.

$21,000.00
$ 8,000.00
.041(4.1%)
$100.00
$78.00
$150.00

!

If line 9 is greater than zero, lines 10 and 11 must be
zero because they would not apply.

CAUTION

13. FUTA tax deposited for the year
Enter the amount of total FUTA tax that you deposited for the
year, including any overpayment that you applied from a prior
year.

1. Maximum allowable credit
$21,000.00 (line 7(a) of Form 940)
x .054 (maximum credit rate)
$1,134.00

1.

$1,134.00

2. Credit for timely state unemployment tax payments

2.

$100.00

3. Additional credit

3.

$104.00

14. Balance due
If line 13 is less than line 12, enter the difference on line 14.

.054 (maximum credit rate)
– .041 (your experience rate)
.013 (your computation rate)

line 12
– line 13
line 14

$8,000
x .013
$104.00

4. Subtotal (line 2 + line 3)

If line 14 is:

4.

$204.00

5a.

$930.00

• More than $500, you must deposit your tax. See When Must

You Deposit Your FUTA Tax? on page 3.
• $500 or less, you can deposit your tax, pay your tax with a
major credit card, debit card, or pay your tax by check or money
order with your return.
• Less than $1, you do not have to pay it.

$100
+ 104
$204
5. Credit for paying state unemployment taxes late
5a.

Remaining allowable credit: (line 1 - line 4)

!

$1,134.00
– 204.00
$930.00
5b.

State unemployment tax paid late:

5c.
5d.

CAUTION

5b.

$78.00

Which is smaller? Line 5a or line 5b?

5c.

$78.00

Allowable credit (for paying late)

5d.

$70.20

How to deposit or pay the balance due. You may pay the
amount shown on line 14 using EFTPS, a credit or debit card,
or electronic funds withdrawal (EFW). Do not use a credit or
debit card or EFW to pay taxes that were required to be
deposited. For more information on paying your taxes with a
credit or debit card or EFW, go to www.irs.gov/e-pay.

$78.00
x .90
$70.20
6. Your FUTA credit (line 4 + line 5d)

6.

If you pay by EFTPS, credit or debit card, or EFW, file your
return using the Without a payment address on page 2 under
Where Do You File? and do not file Form 940-V.

$274.20

$204.00
+ 70.20
$274.20
7. Your adjustment (line 1 - line 6)

If you do not deposit as required and pay any balance
due with Form 940, you may be subject to a penalty.

15. Overpayment
7.

If line 13 is more than line 12, enter the difference on
line 15.

$859.80

$1,134.00
– 274.20
$859.80 You would enter this amount on line 10 of Form
940.

line 13
– line 12
line 15

If you deposited more than the FUTA tax due for the year,
you may choose to have us either:
• Apply the refund to your next return, or
• Send you a refund.

11. If credit reduction applies . . .
If you paid wages in any credit reduction state, enter the
amount from line 3 of Schedule A (Form 940) on line 11 of
Form 940. However, if you entered an amount on line 9
because all the FUTA wages you paid were excluded from state
unemployment tax, skip line 11 and go to line 12.

Check the appropriate box in line 15 to tell us which option
you select. If you do not check either box, we will automatically
refund your overpayment. Also, we may apply your
overpayment to any past due tax account you have.

Part 4: Determine Your FUTA Tax
for 2011

If line 15 is less than $1, we will send you a refund or apply it
to your next return only if you ask for it in writing.

If any line in Part 4 does not apply, leave it blank.

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• receive any refund check,
• bind you to anything (including additional tax liability), or
• otherwise represent you before the IRS.

Part 5: Report Your FUTA Tax Liability
by Quarter Only if Line 12 Is More
Than $500

The authorization will automatically expire 1 year after the
due date for filing your Form 940 (regardless of extensions). If
you or your designee want to end the authorization before it
expires, write to the IRS office where the return was filed.
However, if the return was originally filed with a payment, use
the Without a payment address.

Fill out Part 5 only if line 12 is more than $500. If line 12 is
$500 or less, leave Part 5 blank and go to Part 6.

16. Report the amount of your FUTA tax liability
for each quarter.

If you want to expand your designee’s authorization or if you
want us to send your designee copies of your notices, see Pub.
947, Practice Before the IRS and Power of Attorney.

Enter the amount of your FUTA tax liability for each quarter on
lines 16a-d. Do not enter the amount you deposited. If you had
no liability for a quarter, leave the line blank.
16a. 1st quarter (January 1 to March 31).
16b. 2nd quarter (April 1 to June 30).
16c. 3rd quarter (July 1 to September 30).
16d. 4th quarter (October 1 to December 31).

Part 7: Sign Here
You MUST fill out both pages of this form and
SIGN it.

To figure your FUTA tax liability for the fourth quarter, complete
Form 940 through line 12. Then copy the amount from line 12
onto line 17. Lastly, subtract the sum of lines 16a through 16c
from line 17 and enter the result on line 16d.

Failure to sign will delay the processing of your return.
On page 2 in Part 7, sign and print your name and title. Then
enter the date and the best daytime telephone number,
including area code, where we can reach you if we have any
questions.

Example:
You paid wages on March 28 and your FUTA tax on those wages was
$200. You were not required to make a deposit for the 1st quarter
because your accumulated FUTA tax was $500 or less. You paid
additional wages on June 28 and your FUTA tax on those wages was
$400. Because your accumulated FUTA tax for the 1st and 2nd
quarters exceeded $500, you were required to make a deposit of $600
by July 31.

Who must sign Form 940?
Form 940 must be signed as follows.
• Sole proprietorship — The individual who owns the
business.
• Partnership (including a limited liability company (LLC)
treated as a partnership) or unincorporated organization —
A responsible and duly authorized partner, member, or officer
having knowledge of its affairs.
• Corporation (including an LLC treated as a corporation)
— The president, vice president, or other principal officer duly
authorized to sign.
• Single member LLC treated as a disregarded entity for
federal income tax purposes — The owner of the LLC or a
principal officer duly authorized to sign.
• Trust or estate — The fiduciary.

You would enter $200 in line 16a because your liability for the 1st
quarter is $200. You would also enter $400 in line 16b to show your 2nd
quarter liability.

In years when there are credit reduction states, you
TIP must include liabilities owed for credit reduction with
your fourth quarter deposit. You may deposit the
anticipated extra liability throughout the year, but it is not due
until the deadline for the deposit for the fourth quarter, and the
associated liability should be recorded as being incurred in the
fourth quarter.

Form 940 may also be signed by a duly authorized agent of the
taxpayer if a valid power of attorney or reporting agent
authorization (Form 8655) has been filed.

17. Total tax liability for the year
Your total tax liability for the year must equal line 12. Copy the
amount from line 12 onto line 17.

Alternative signature method. Corporate officers or duly
authorized agents may sign Form 940 by rubber stamp,
mechanical device, or computer software program. For details
and required documentation, see Rev. Proc. 2005-39, 2005-28
I.R.B. 82, available at www.irs.gov/irb/2005-28_IRB/ar16.html.

Part 6: May We Speak With Your
Third-Party Designee?

Paid preparers. A paid preparer must sign Form 940 and
provide the information in the Paid Preparer Use Only section of
Part 7 if the preparer was paid to prepare Form 940 and is not
an employee of the filing entity. Paid preparers must sign paper
returns with a manual signature. The preparer must give you a
copy of the return in addition to the copy to be filed with IRS.

If you want to allow an employee, your paid tax preparer, or
another person to discuss your Form 940 with the IRS, check
the “Yes” box. Then enter the name and phone number of the
person you choose as your designee. Be sure to give us the
specific name of a person — not the name of the firm that
prepared your tax return.

If you are a paid preparer, enter your Preparer Tax
Identification Number (PTIN) in the space provided. Include
your complete address. If you work for a firm, write the firm’s
name and the EIN of the firm. You can apply for a PTIN online
or by filing form W-12, IRS Paid Preparer Tax Identification
Number (PTIN) Application. For more information about
applying for a PTIN online, visit the IRS website at www.irs.gov/
taxpros. You cannot use your PTIN in place of the EIN of the
tax preparation firm.

Have your designee select a 5-digit Personal Identification
Number (PIN) that he or she must use as identification when
talking to IRS about your form.
By checking “Yes,” you authorize us to talk to your designee
about any questions that we may have while we process your
return. Your authorization applies only to this form, for this year;
it does not apply to other forms or other tax years.

Generally, do not complete the Paid Preparer Use Only
section if you are filing the return as a reporting agent and have
a valid Form 8655, Reporting Agent Authorization, on file with
IRS. However, a reporting agent must complete this section if
the reporting agent offered legal advice, for example, by
advising the client on determining whether its workers are
employees or independent contractors for Federal tax
purposes.

You are authorizing your designee to:

• give us any information that is missing from your return,
• ask us for information about processing your return, and
• respond to certain IRS notices that you have shared with

your designee about math errors and in preparing your return.
We will not send notices to your designee.
You are not authorizing your designee to:

-10-

Page 11 of 12 Instructions for Form 940

12:48 - 2-AUG-2011

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

How to Order Forms and Publications
from IRS
Call 1-800-TAX-FORM or 1-800-829-3676

Visit our website at IRS.gov

Other IRS Forms and Publications You
May Need

•

Form 8027, Employer’s Annual Information Return of Tip Income
and Allocated Tips

•

Instructions for Forms W-2 and W-3

•

Instructions for Form 941

•

Instructions for Form 941-X

•

Instructions for Form 943

•

Instructions for Form 943-X

•

Instructions for Form 944

•

Instructions for Form 944-X

•

Notice 797, Possible Federal Tax Refund Due to the Earned
Income Credit (EIC)

•

Pub. 15 (Circular E), Employer’s Tax Guide

•

Pub. 15-A, Employer’s Supplemental Tax Guide

•

Pub. 15-B, Employer’s Tax Guide to Fringe Benefits

•

Pub. 51 (Circular A), Agricultural Employer’s Tax Guide

•

Form SS-4, Application for Employer Identification Number

•

Form W-2, Wage and Tax Statement

•

Form W-2c, Corrected Wage and Tax Statement

•

Form W-3, Transmittal of Wage and Tax Statements

•

Form W-3c, Transmittal of Corrected Wage and Tax Statements

•

Form W-4, Employee’s Withholding Allowance Certificate

•

Form W-5, Earned Income Credit Advance Payment Certificate

•

Pub. 596, Earned Income Credit

•

Form 940, Employer’s Annual Federal Unemployment (FUTA)
Tax Return

•

Pub. 926, Household Employer’s Tax Guide

•

Form 941, Employer’s QUARTERLY Federal Tax Return

•

Pub. 947, Practice Before the IRS and Power of Attorney

•

Form 941-X, Adjusted Employer’s QUARTERLY Federal Tax
Return or Claim for Refund

•

Schedule A (Form 940), Multi-State Employer and Credit
Reduction Information

•

Form 943, Employer’s Annual Federal Tax Return for Agricultural
Employees

•

Schedule B (Form 941), Report of Tax Liability for Semiweekly
Schedule Depositors

•

Form 943-X, Adjusted Employer’s Annual Federal Tax Return for
Agricultural Employees or Claim for Refund

•

Schedule D (Form 941), Report of Discrepancies Caused by
Acquisitions, Statutory Mergers, or Consolidations

•

Form 944, Employer’s ANNUAL Federal Tax Return

•

Schedule H (Form 1040), Household Employment Taxes

•

Form 944-X, Adjusted Employer’s ANNUAL Federal Tax Return
or Claim for Refund

•

Schedule R (Form 940), Allocation Schedule for Aggregate Form
940 Filers

•

Form 4070, Employee’s Report of Tips to Employer

-11-

Page 12 of 12 Instructions for Form 940

12:48 - 2-AUG-2011

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Contact List of State Unemployment Tax Agencies
The following list of state unemployment tax agencies was provided to the IRS by the U.S. Department of Labor. For up-to-date
contact information, visit the U.S. Department of Labor’s website at www.workforcesecurity.doleta.gov/unemploy/agencies.asp.
State
Alabama . . . . . . . .
Alaska . . . . . . . . . .
Arizona . . . . . . . . .
Arkansas . . . . . . . .
California . . . . . . . .
Colorado . . . . . . . .
Connecticut . . . . . .
Delaware . . . . . . . .
District of Columbia
Florida . . . . . . . . . .
Georgia . . . . . . . . .
Hawaii . . . . . . . . . .
Idaho . . . . . . . . . .
Illinois . . . . . . . . . .
Indiana . . . . . . . . .
Iowa . . . . . . . . . . .
Kansas . . . . . . . . .
Kentucky . . . . . . . .
Louisiana . . . . . . .
Maine . . . . . . . . . .
Maryland . . . . . . . .
Massachusetts . . . .
Michigan . . . . . . . .
Minnesota . . . . . . .
Mississippi . . . . . . .
Missouri . . . . . . . .
Montana . . . . . . . .
Nebraska . . . . . . . .
Nevada . . . . . . . . .
New Hampshire . . .
New Jersey . . . . . .
New Mexico . . . . . .
New York . . . . . . .
North Carolina . . . .
North Dakota . . . . .
Ohio . . . . . . . . . . .
Oklahoma . . . . . . .
Oregon . . . . . . . . .

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Pennsylvania . .
Puerto Rico . . .
Rhode Island . .
South Carolina .
South Dakota . .
Tennessee . . .
Texas . . . . . . .
Utah . . . . . . . .
Vermont . . . . .
Virginia . . . . . .
Virgin Islands . .
Washington . . .
West Virginia . .
Wisconsin . . . .
Wyoming . . . . .

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Telephone
(334) 242-8830 . . . . . . .
(888) 448-3527 . . . . . . .
(602)771-6601 . . . . . . . .
(501) 682-3798 . . . . . . .
(888) 745-3886 . . . . . . .
(800) 480-8299 . . . . . . .
(860) 263-6550 . . . . . . .
(302) 761-8484 . . . . . . .
(202) 698-7550 . . . . . . .
(800) 482-8293 . . . . . . .
(404) 232-3301 . . . . . . .
(808) 586-8913 . . . . . . .
(800) 448-2977 . . . . . . .
(800) 247-4984 . . . . . . .
(317) 232-7436 . . . . . . .
(515) 281-5339 . . . . . . .
(785) 296-5027 . . . . . . .
(502) 564-2272 . . . . . . .
(225) 342-2944 . . . . . . .
(207) 621-5120 . . . . . . .
(800) 492-5524 . . . . . . .
(617) 626-5050 . . . . . . .
(313) 456-2180 . . . . . . .
(651) 296-6141 . . . . . . .
(866) 806-0272 . . . . . . .
(573) 751-3340 . . . . . . .
(406) 444-3834 . . . . . . .
(402) 471-9935 . . . . . . .
(775) 684-6300 . . . . . . .
(603) 228-4033 . . . . . . .
(609) 633-6400 . . . . . . .
(505) 841-8576 . . . . . . .
(518)457-4179 . . . . . . . .
(919) 733-7396 . . . . . . .
(701) 328-2814 . . . . . . .
(614) 466-2319 . . . . . . .
(405) 557-7173 . . . . . . .
(503) 947-1488, option 5
(503) 947-1537 (FUTA) .
(717) 787-7679 . . . . . . .
(787) 754-5818 . . . . . . .
(401) 574-8700 . . . . . . .
(803) 737-3075 . . . . . . .
(605) 626-2312 . . . . . . .
(615) 741-2486 . . . . . . .
(512) 463-2700 . . . . . . .
(801) 526-9400 . . . . . . .
(802) 828-4252 . . . . . . .
(804) 371-7159 . . . . . . .
(340) 776-1440 . . . . . . .
(360) 902-9360 . . . . . . .
(304) 558-2676 . . . . . . .
(608) 261-6700 . . . . . . .
(307) 235-3217 . . . . . . .

-12-

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Web Address
www.dir.alabama.gov
www.labor.state.ak.us/estax
www.azdes.gov/esa/uitax/uithome.asp
www.state.ar.us/esd
www.edd.cahwnet.gov
www.colorado.gov/CDLE
www.ctdol.state.ct.us
www.delawareworks.com
www.dcnetworks.org
http://dor.myflorida.com/dor/uc
www.dol.state.ga.us
www.hawaii.gov/labor
www.labor.state.id.us
www.ides.state.il.us
www.in.gov/dwd
www.iowaworkforce.org/ui
www.dol.ks.gov
www.oet.ky.gov
www.laworks.net/homepage.asp
www.state.me.us/labor
www.dllr.state.md.us
www.detma.org
www.michigan.gov/uia
www.uimn.org/tax
www.mdes.ms.gov
www.labor.mo.gov
www.uid.dli.mt.gov
www.dol.nebraska.gov
https://uitax.nvdetr.org
www.nhes.state.nh.us
http://lwd.dol.state.nj.us
www.dws.state.nm.us
www.labor.state.ny.us
www.ncesc.com
www.jobsnd.com
www.jfs.ohio.gov
www.ok.gov/oesc_web

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www.oregon.gov/employ/tax
www.dli.state.pa.us
www.dtrh.gobierno.pr
www.uitax.ri.gov
dew.sc.gov
dol.sd.gov
www.state.tn.us/labor-wfd/esdiv.html
www.twc.state.tx.us
www.jobs.utah.gov
www.labor.vermont.gov
www.VaEmploy.com
www.vidol.gov
www.esd.wa.gov/uitax/index.php
www.wvbep.org/bep/uc
www.dwd.state.wi.us
http://wydoe.state.wy.us