An Overview of Form 940 vs 941
There are different tax forms that you need to file throughout the year if you own a business. Two of these forms, 940 and 941, are related to employment taxes.
Tax Category | Form 940 | Form 941 |
---|---|---|
Filing Frequency | Due Annually | Due Quarterly |
Federal Unemployment Taxes | ✓ | — |
Medicare Tax | — | ✓ |
Social Security Tax | — | ✓ |
Federal Income Tax Withholding | — | ✓ |
IRS Form 940 Explained

- You paid wages to an employee that exceeded $1,500 within a single quarter
- An employee showed up to work at least once during 20 of the weeks within the last calendar year
- Include your company name and employer identification number (EIN) on every page
- Don’t use decimal points or dollar signs. You may choose to apply or omit commas.
- You can round amounts to the nearest dollar. If you do, though, you must do it for all dollar values.
- If the value of a particular line is zero, don’t write anything at all.
IRS Form 940 Details
Ever wonder what happens when employees get laid off or terminated from their job? The funds collected from the unemployment tax are paid to these individuals. The tax rate for unemployment taxes is based on individual employee salaries and taxes. A maximum of $7,000 can be paid per employee towards unemployment taxes. The average unemployment tax rate is 6%. However, if unemployment taxes are paid, the rate for unemployment taxes is 5.4%. This 5.4% rate is a type of credit that’s paid towards unemployment taxes within the state that your business operates in. Keep in mind that each state has a unique unemployment tax rate. If you don’t understand your state-specific tax rate, you should check the US Department of labor for state unemployment tax rates.Credit Reductions
To figure out how much you owe in FUTA taxes, you need to know if any states where you pay SUTA (state unemployment taxes) are credit reduction states. Credit reduction states are states that have not repaid money they borrowed from the federal government to fund their unemployment programs. When you pay state unemployment taxes, you can get a 5.4% credit on the FUTA tax, which is 6% of the first $7,000 of each employee’s wages. However, since these states haven’t paid back what they owe, they don’t get the full credit and so there is a penalty. If your business has employees in multiple states, make sure to check whether any of them are in credit reduction states. If so, you will owe a bit more in FUTA taxes. FUTA tax is only paid by employers and it is not collected or deducted from employees’ wages.Get Expert Filing Help With Your Tax Forms
Ensure your yearly 940 & quarterly 941 estimated taxes are prepared and filed properly to avoid IRS issues.Why IRS Form 940 is Important
The federal unemployment tax act created the IRS form 940. This act provided guidelines for states and how they should handle unemployment benefits. The federal government’s unemployment tax act was an important step in providing financial support to individuals who lost their jobs because of conditions outside the individual’s control.IRS Form 941 Explained
Employers are required to file this form to report their quarterly taxes. This includes things like Social Security, Medicaid, and federal income taxes.These taxes are required to be withheld from your employees’ wages (the amount may change depending on their annual compensation). The amounts that you’re required to report on form 941 include:- Employee wages
- Withheld federal income tax
- Employer and employee Medicare/social security taxes
- Q1- April 30th
- Q2- July 31st
- Q3- October 31st
- Q4- January 31st
The Key Differences Between Forms 940 and 941
The main difference between the two forms is that form 940 doesn’t apply to companies who don’t have employees working for them. These business owners are still responsible for paying state unemployment tax, though. Additionally, form 940 is required to be filed annually, while business owners must file form 941 quarterly. Most owners are required to file form 941. There are a few exceptions, including:- Those who hire employees seasonally
- Employers who hire household employees
- Employers who employ agricultural employees
Note: Even if you had no employees working for you for an entire quarter, you’d still need to file form 941 if you’ve submitted it before, as you’re required to file one each quarter after you do file for the first time.
What If I Sold My Business?
If you happened to sell your company before filing form 941, you might feel lost when thinking of your next move. But, it’s rather simple. If you sell your business to another party, both you and the company’s new owner need to file this form. You are only required to report wages that you paid to your employees. The new owner needs to file a regular return for the quarter in which the sale took place, while the former owner needs to file a final return. Similarly, you’ll also need to file a final return if your company goes out of business, or you no longer pay wages to employees of your company.Frequently Asked Questions About Forms 940 and 941
Q) Who is required to file a form 940 with the IRS?
Q) Who is required to file a form 941 with the IRS?
Q) What are the key differences between IRS Form 940 and 941?
Q) What if I sold my business?

Don’t Stress About IRS Forms, Work With a Legal Professional
Before filing any forms with the IRS, it’s always a good idea to speak with your CPA or a tax lawyer. If you have questions, we have answers and solutions.Final Thoughts
It’s crucial to understand your tax obligations when it comes to these forms in order to avoid incurring tax penalties or owing money to the IRS later on. Specifically, failing to file these forms when you’re required to can result in a penalty for both not filing as well as submitting your forms late once you do file. Put simply, make sure you stay on top of your quarterly and annual tax obligations.Get Help With IRS Forms 940 & 941
Taking on the unnecessary stress of filling out tax forms may seem difficult. But the good news is that no longer has to be. With the above information about IRS form 940 and 941 in mind, you’ll be well on your way to ensuring that you take care of your tax obligations as a business owner. Want to learn more about taxes and making sure you pay the appropriate amount? This article has further details that can help guide you.About The Author:

Attorney Chad Silver is a member of NATP, ABA, BNI, AIPAC, and is admitted to both the United States Tax Court and Michigan Bar. He has been instrumental in helping his clients protect their assets from IRS controversy and seizure. Attorney Silver, has published a book called; “Stop The IRS” which serves to educate people on tax rules, regulations, and how to overcome their own Tax Problems.

Attorney Chad Silver is a member of NATP, ABA, BNI, AIPAC, and is admitted to both the United States Tax Court and Michigan Bar. He has been instrumental in helping his clients protect their assets from IRS controversy and seizure. Attorney Silver, has published a book called; “Stop The IRS” which serves to educate people on tax rules, regulations, and how to overcome their own Tax Problems.
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