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Instructions for Form 940 - Introductory Material


What's New

Disregarded entities and QSubs.    Treasury Decision 9356, effective for wages paid on or after January 1, 2009, treats eligible single-owner disregarded entities and qualified subchapter S subsidiaries (QSubs) as separate entities for employment tax purposes. Business owners may no longer elect to treat the related employment taxes as a liability of the owner. Instead, report the employment taxes on employment tax returns filed by the disregarded entity or QSub. For more information, see Disregarded entities and qualified subchapter S subsidiaries in the Introduction section of Pub. 15 (Circular E), Employer's Tax Guide.

No credit reduction states.   The U.S. Department of Labor (DOL) has announced that there are no credit reduction states for tax year 2008. Therefore, do not complete lines 2 and 11.

Paid preparers are required to sign Form 940.    A preparer must sign Form 940 and provide the information requested in the Paid Preparer's Use Only section of Part 7 if the preparer:
  • was paid to prepare Form 940, and

  • is not an employee of the filing entity.

The preparer must give you a copy of the return in addition to the copy to be filed with the IRS.

FUTA rate for 2009.   The 6.2% FUTA tax rate scheduled to decrease to 6.0% after December 31, 2008, has been extended by Public Law 110-343 through calendar year 2009.

Reminders

State unemployment information.   You are no longer required to list your state reporting number(s) on Form 940. 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 Electronic Federal Tax Payment System (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 www.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 www.irs.gov and click on the electronic irs link. A fee may be charged to file electronically.

You can pay your balance due by credit card.   You may pay your FUTA tax shown on line 14 using a major credit card. However, do not use a credit 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 card, visit the IRS website at www.irs.gov and click on the electronic irs link.

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 www.irs.gov, or call 1-800-829-4933.

For a list of related employment tax topics, visit the IRS website at www.irs.gov and click on the “Businesses” tab.


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