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The deposit due dates are shown in the following

you file or deposit late, attach an explanation to the

chart.

return. There are also penalties for willful failure to pay

tax, and for filing false or fraudulent returns.

If undeposited FUTA tax is over $100 on —

Deposit it

by —

How To Get Forms and Publications

March 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . April 30

You can get most IRS forms and publications by

June 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . July 31

accessing the IRS website at or by calling

September 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . October 31

the IRS at 1-800-TAX-FORM (1-800-829-3676). See the

December 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . January 31

Instructions for Forms W-2 and W-3 for details and other

options.

If any deposit due date falls on a Saturday,

TIP

Sunday, or legal holiday, you may deposit on the

next business day.

Specific Instructions

How to deposit. If you choose not to enroll in EFTPS

Employer’s name, address, calendar year, and

and are not required to use EFTPS (see Electronic

employer identification number (EIN). If you are not

deposit requirement below), use Form 8109, Federal

using a preaddressed Form 940, type or print your name,

Tax Deposit Coupon, when you make each tax deposit.

trade name, address, calendar tax year, and EIN on the

The IRS will pre-enroll you in EFTPS when you apply

form. Enter your name, address, calendar tax year, and

for an employer identification number (EIN). Follow the

EIN here, even if you must complete Form 940-V,

instructions in your EIN Package to activate your

Payment Voucher. Also enter your name and EIN at the

enrollment and begin making your tax deposits.

top of page 2.

For new employers, if you would like to receive a

If you are using a preaddressed Form 940 and your

Federal Tax Deposit (FTD) coupon booklet call

address as shown is incorrect, cross it out and make the

1-800-829-4933. Allow 5 to 6 weeks for delivery.

necessary changes.

Make your deposits with an authorized financial

Employer identification number (EIN). If you do not

institution (for example, a commercial bank that is

have an EIN, apply for one on Form SS-4, Application for

qualified to accept federal tax deposits). To avoid a

Employer Identification Number or by visiting the IRS

possible penalty, do not mail deposits directly to the IRS.

website at /smallbiz. If you do not have an

Records of your deposits will be sent to the IRS for

EIN by the time a return is due, write “Applied For” and

crediting to your business accounts.

the date you applied in the space shown for the number.

Electronic deposit requirement. You must make

Questions A through D. If you answer “Yes” to all the

electronic deposits of all depository taxes (such as

questions, you may file Form 940-EZ, a simpler version

employment tax, excise tax, and corporate income tax)

of Form 940. If you answer “No” to any of the questions

using the Electronic Federal Tax Payment System

(or you are a successor employer claiming a credit for

(EFTPS) in 2005 if:

state unemployment contributions paid by the prior

•

The total deposits of such taxes in 2003 were more

employer), you must file Form 940.

than $200,000 or

•

Final return. If you will not have to file Form 940 (or

You were required to use EFTPS in 2004.

Form 940-EZ) in the future, check the box on the line

If you are required to use EFTPS and use Form 8109

below question D and complete and sign the return. If

instead, you may be subject to a 10% penalty. If you are

you start paying FUTA wages again, file Form 940 (or

not required to use EFTPS, you may participate

Form 940-EZ).

voluntarily. To enroll in or get more information about

EFTPS, call 1-800-555-4477 or 1-800-945-8400, or to

Part I. Computation of Taxable Wages

enroll online, visit the EFTPS website at

Line 1 — Total payments. Enter the total payments

For deposits made by EFTPS to be on time, you

(before any deductions) you made during the calendar

must initiate the transaction at least one business

year for services of employees, even if the payments are

day before the date the deposit is due.

CAUTION

not taxable for FUTA tax. Include salaries, wages,

commissions, fees, bonuses, vacation allowances, and

Not Liable for FUTA Tax?

amounts paid to temporary or part-time employees; the

If you receive Form 940 and are not liable for FUTA tax

value of goods, lodging, food, clothing, and noncash

fringe benefits; employer contributions to a 401(k) plan,

for 2004, write “Not Liable” across the front of the form,

payments to a Health Savings Account (HSA) or Archer

sign the form, and return it to the IRS. If you will not

MSA, payments under adoption assistance programs,

have to file Form 940 (or Form 940-EZ) in the future, see

and contributions to SIMPLE retirement accounts

Final return below.

(including elective salary reduction contributions); section

Penalties and Interest

125 (cafeteria) plan benefits; and sick pay (including

third-party sick pay if liability is transferred to the

Avoid penalties and interest by making tax deposits when

employer).

due, filing a correct return, and paying all taxes when

due. There are penalties for late deposits, insufficient

For details on sick pay, see Pub. 15-A, Employer’s

deposits, failure to deposit using EFTPS (when required),

Supplemental Tax Guide. Report amounts deferred

and late filing unless you can show reasonable cause. If

under a nonqualified deferred compensation plan at the

-4-

Instructions For Form 940 - Employer'S Annual Federal Unemployment (Futa) Tax Return - 2004 Page 4

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