Instructions For Form 940-Ez - Employer'S Annual Federal Unemployment (Futa) Tax Return - Internal Revenue Service - 2003 Page 2

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Photographs of Missing Children
file Schedule H (Form 1040), Household Employment
Taxes, instead of Form 940 or Form 940-EZ. See the
The Internal Revenue Service is a proud partner with the
Instructions for Schedule H (Form 1040), Household
National Center for Missing and Exploited Children.
Employers.
Photographs of missing children selected by the Center
may appear in instructions on pages that would otherwise
In some cases, such as when you employ both
household employees and other employees, you may
be blank. You can help bring these children home by
choose to report social security, Medicare, and withheld
looking at the photographs and calling 1-800-THE-LOST
Federal income taxes for your household employee(s) on
(1-800-843-5678) if you recognize a child.
Form 941, Employer’s Quarterly Federal Tax Return, or
Purpose of Form
Form 943, Employer’s Annual Federal Tax Return for
Agricultural Employees, instead of on Schedule H. If you
Use Form 940-EZ (or Form 940) to report your annual
choose to report on Form 941 or Form 943, you must use
Federal Unemployment Tax Act (FUTA) tax. FUTA tax,
Form 940 or Form 940-EZ to report FUTA tax.
together with state unemployment systems, provides for
payments of unemployment compensation to workers
Agricultural employers. File a FUTA tax return if either
who have lost their jobs. Most employers pay both
1 or 2 below applies:
Federal and state unemployment taxes. Only the
1. You paid cash wages of $20,000 or more to
employer pays this tax. Do not collect or deduct it from
farmworkers during any calendar quarter in 2002 or 2003
your employees’ wages. The tax applies to the first
or
$7,000 you pay each employee in a year after subtracting
2. You employed 10 or more farmworkers during
any exempt payments. The $7,000 amount is the Federal
some part of a day (whether or not at the same time)
wage base. Your state wage base may be different.
during any 20 or more different weeks in 2002 or 20 or
more different weeks in 2003.
When To File
Count wages paid to aliens admitted on a temporary
File Form 940-EZ for 2003 by February 2, 2004.
basis to the United States to perform farmwork, also
However, if you deposited all FUTA tax when due, you
known as workers with “H-2(A)” visas, to see if you meet
may file on or before February 10, 2004. Your return will
either 1 or 2 above. However, wages paid to “H-2(A)”
be considered timely filed if it is properly addressed and
visa workers are not subject to FUTA tax.
mailed First Class or sent by an IRS designated delivery
Indian tribal governments. Services rendered to a
service by the due date. See Circular E (Pub. 15),
Federally-recognized Indian tribal government (including
Employer’s Tax Guide, for a list of designated delivery
any subdivision, subsidiary, or wholly-owned business
services. Also see Where To File below.
enterprise) after December 20, 2000 are exempt from
Private delivery services cannot deliver items to
FUTA tax (and no Form 940 or Form 940-EZ for 2003 is
!
P.O. boxes.
required), subject to the tribe’s compliance with
CAUTION
applicable state law. For procedures on amending a 2000
Form 940 or Form 940-EZ, see Announcement 2001-16,
Who Must File
I.R.B. 2001-8, February 20, 2001. You can find
Announcement 2001-16 on page 715 of Internal
Except as noted below, you must file if Test 1 or Test 2
Revenue Bulletin 2001-8 at
below applies.
irb01-08.pdf. Also see section 3309(d).
Test 1. You paid wages of $1,500 or more in any
calendar quarter in 2002 or 2003.
Nonprofit organizations. Religious, educational,
charitable, etc., organizations described in section
Test 2. You had one or more employees for at least
501(c)(3) and exempt from tax under section 501(a) are
some part of a day in any 20 or more different weeks in
not subject to FUTA tax and are not required to file.
2002 or 20 or more different weeks in 2003.
Count all regular, temporary, and part-time employees.
State and local government employers. State or local
A partnership should not count its partners. If a business
government employers are not subject to FUTA tax and
changes hands during the year, each employer who
are not required to file.
meets Test 1 or 2 must file. For purposes of Test 1 or
Where To File
Test 2 only, do not include wages paid by the prior (or
subsequent) employer.
In the list below, find the location where your legal
Household employers. File a FUTA tax return only if
residence, principal place of business, office, or agency
you paid total cash wages of $1,000 or more (for all
is located. Send your return to the Internal Revenue
household employees) in any calendar quarter in 2002 or
Service at the address listed for your location. No street
2003 for household work in a private home, local college
address is needed.
club, or local chapter of a college fraternity or sorority.
Note: Where you file depends on whether or not you are
Individuals, estates, and trusts that owe FUTA tax for
including a payment.
household work in a private home, in most cases, must
-2-

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