Instructions For Form 940 - 2016 Page 2

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paid cash wages of $1,000 or more in any calendar quarter in
Photographs of missing children. The IRS is a proud partner
2015 or 2016.
with the National Center for Missing and Exploited Children.
Photographs of missing children selected by the Center may
A household employee performs household work in a:
appear in instructions on pages that would otherwise be blank.
Private home,
You can help bring these children home by looking at the
Local college club, or
photographs and calling 1-800-THE-LOST (1-800-843-5678) if
Local chapter of a college fraternity or sorority.
you recognize a child.
Generally, employers of household employees must file
How Can You Get More Help?
Schedule H (Form 1040) instead of Form 940.
If you want more information about this form, see Pub. 15, visit
However, if you have other employees in addition to
our website at IRS.gov, or call the Business and Specialty Tax
household employees, you can choose to include the FUTA
Line toll free at 1-800-829-4933 or 1-800-829-4059 (TDD/TTY
taxes for your household employees on Form 940 instead of
for persons who are deaf, hard of hearing, or have a speech
filing Schedule H (Form 1040). If you choose to include
disability) Monday–Friday from 7:00 a.m. to 7:00 p.m. local time
household employees on your Form 940, you must also file
(Alaska and Hawaii follow Pacific time).
Form 941, Employer's QUARTERLY Federal Tax Return; Form
943, Employer's Annual Federal Tax Return for Agricultural
For a list of related employment tax topics, visit IRS.gov and
Employees; or Form 944, Employer's ANNUAL Federal Tax
enter “employment taxes” in the search box. You can order
Return; to report social security, Medicare, and any withheld
forms, instructions, and publications at
federal income taxes for your household employees. See Pub.
General Instructions:
926 for more information.
For Agricultural Employers . . .
What's the Purpose of Form 940?
File Form 940 if you answer “Yes” to either of these questions.
Did you pay cash wages of $20,000 or more to farmworkers
These instructions give you some background information about
during any calendar quarter in 2015 or 2016?
Form 940. They tell you who must file the form, how to fill it out
Did you employ 10 or more farmworkers during some part of
line by line, and when and where to file it.
the day (whether or not at the same time) during any 20 or more
Use Form 940 to report your annual Federal Unemployment
different weeks in 2015 or 20 or more different weeks in 2016?
Tax Act (FUTA) tax. Together with state unemployment tax
Count wages you paid to aliens who were admitted to the
systems, the FUTA tax provides funds for paying unemployment
United States on a temporary basis to perform farmwork
compensation to workers who have lost their jobs. Most
(workers with H-2A visas). However, wages paid to “H-2A visa
employers pay both a federal and a state unemployment tax.
workers” aren't subject to FUTA tax. See Pub. 51 for more
Only employers pay FUTA tax. Don't collect or deduct FUTA tax
information.
from your employees' wages.
The FUTA tax applies to the first $7,000 you pay to each
For Indian Tribal Governments . . .
employee during a calendar year after subtracting any payments
Services rendered by employees of a federally recognized
exempt from FUTA tax.
Indian tribal government employer (including any subdivision,
Who Must File Form 940?
subsidiary, or business enterprise wholly owned by the tribe) are
exempt from FUTA tax and no Form 940 is required. However,
Except as noted below, if you answer “Yes” to either one of
the tribe must have participated in the state unemployment
these questions, you must file Form 940.
system for the full year and be in compliance with applicable
Did you pay wages of $1,500 or more to employees in any
state unemployment law. For more information, see section
calendar quarter during 2015 or 2016?
3309(d).
Did you have one or more employees for at least some part of
For Tax­Exempt Organizations . . .
a day in any 20 or more different weeks in 2015 or 20 or more
different weeks in 2016? Count all full-time, part-time, and
Religious, educational, scientific, charitable, and other
temporary employees. However, if your business is a
organizations described in section 501(c)(3) and exempt from
partnership, don't count its partners.
tax under section 501(a) aren't subject to FUTA tax and don't
If your business was sold or transferred during the year, each
have to file Form 940.
employer who answered “Yes” to at least one question above
For Employers of State or Local
must file Form 940. However, don't include any wages paid by
the predecessor employer on your Form 940 unless you’re a
Governments. . .
successor employer. For details, see Successor employer under
Services rendered by employees of a state, political subdivision
Type of Return.
or instrumentality of the state are exempt from FUTA tax and no
If you’re not liable for FUTA tax for 2016 because you made
Form 940 is required.
no payments to employees in 2016, check box c in the top right
When Must You File Form 940?
corner of the form. Then go to Part 7, sign the form, and file it
with the IRS.
The due date for filing Form 940 for 2016 is January 31, 2017.
If you won’t be liable for filing Form 940 in the future because
However, if you deposited all your FUTA tax when it was due,
your business has closed or because you stopped paying
you may file Form 940 by February 10, 2017.
wages, check box d in the top right corner of the form. See Final:
Business closed or stopped paying wages under Type of Return
If we receive your return after the due date, we will treat your
for more information.
return as filed on time if the envelope containing your return is
properly addressed, contains sufficient postage, and is
For Employers of Household Employees . . .
postmarked by the U.S. Postal Service on or before the due date
If you’re a household employer, you must pay FUTA tax on
or sent by an IRS-designated private delivery service on or
wages that you paid to your household employees only if you
before the due date. However, if you don't follow these
­2­
Instructions for Form 940 (2016)

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