Failure to submit your annual Form 940 to the IRS can trigger substantial penalties and interest on unpaid FUTA tax, directly impacting your bottom line and complicating your state unemployment tax filings. In Tucson, Arizona, this federal requirement, also known as the FUTA tax return, is administered by the Internal Revenue Service (IRS). The Arizona Department of Economic Security coordinates with federal data, but your submission goes directly to the federal agency. Key facts:
Analyzed from Employer's Annual Federal Unemployment Tax Return
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The requirement to file an Employer's Annual Federal Unemployment Tax Return (Form 940) originates from the Internal Revenue Code (Title 26), specifically provisions governing the Federal Unemployment Tax Act (FUTA). This is a federal mandate administered by the Internal Revenue Service (IRS). While Tucson, Arizona, does not add a local filing requirement for this specific return, your federal obligation is triggered if you paid wages of $1,500 or more in any calendar quarter during the year, or if you had at least one employee for some part of a day in any 20 or more different weeks in the year.
Failure to file and pay on time leads to immediate financial penalties and legal risk. Based on IRS regulations, common consequences include:
Legal code: Internal Revenue Code (Title 26)
Recent update: As of the 2026 filing year, the IRS has finalized its mandate for all FUTA deposits and Form 940 filings to be submitted electronically for most employers, eliminating the paper filing option that was previously available to smaller filers.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you paid wages of $1,500 or more in any calendar quarter or employed at least one person for 20 weeks in the current or prior year, per Federal Unemployment Tax Act (FUTA) regulations. |
| Bar / Nightclub | Required | Required under FUTA, as most establishments of this type meet the employment threshold by paying employees cash wages that are subject to federal unemployment taxes. |
| Food Truck | Required | Required if you meet the FUTA employment threshold; the mobile nature does not exempt you from federal unemployment tax reporting for your employees. |
| Coffee Shop / Café | Required | Required for nearly all such businesses, as they typically employ staff and pay wages exceeding the $1,500-per-quarter FUTA threshold. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total dollar amount of federal unemployment tax you owe for the second quarter (April–June), calculated as the first $7,000 in wages paid to each employee multiplied by the 0.6% FUTA tax rate, which you should have tracked using Form 940 Schedule A.
COMMON MISTAKE: Entering net wages instead of the taxable wage base or reporting the liability from the wrong quarter, which causes a mismatch with your payroll records and triggers an IRS notice.
Enter the cents portion of your second-quarter FUTA tax liability; this is part of the same total amount you entered in the 'Dollars' field to the left.
COMMON MISTAKE: Leaving this field blank if the liability is an even dollar amount (you must enter '00') or entering more than two digits, which the IRS system will flag as an overpayment or underpayment.
Enter the total dollar amount of FUTA tax owed for the third quarter (July–September), based on taxable wages paid during that period as outlined in the IRS instructions for Form 940.
COMMON MISTAKE: Copying the Q2 amount into Q3 because of quarterly payroll consistency, which is incorrect if employee turnover or wage changes occurred; the IRS cross-references quarterly payroll tax deposits.
Enter the cents portion of your third-quarter FUTA tax liability to complete the precise total required for IRS calculation.
COMMON MISTAKE: Entering the cents from Q2 instead of Q3, a transposition error that creates a discrepancy of less than a dollar but still prompts an IRS mismatch inquiry.
Enter the total dollar amount of FUTA tax owed for the fourth quarter (October–December), ensuring it matches your year-end payroll summaries before the annual filing deadline.
COMMON MISTAKE: Failing to account for the annual wage limit per employee ($7,000 for 2026), resulting in an overstatement of liability if you incorrectly taxed wages above the cap.
Enter the cents portion of your fourth-quarter FUTA tax liability; double-check that the dollars and cents fields together equal the exact liability from your records.
COMMON MISTAKE: Omitting this field if the annual total is a round number, which the IRS interprets as an incomplete entry and may delay processing.
Check this box only if you are a payroll service provider, reporting agent, or other third-party preparer filing this Form 940 on behalf of the employer, but you are not a CPEO or Section 3504 Agent.
COMMON MISTAKE: An employer incorrectly checking this box when they are filing their own return, which misstates the filer relationship and can affect IRS correspondence routing.
Check this box only if you are a Certified Professional Employer Organization (CPEO) filing a consolidated Form 940 for all client employers under your CPEO status, as authorized by the IRS.
COMMON MISTAKE: A regular employer checking this box without CPEO certification, which is a serious misrepresentation that can lead to penalties and incorrect liability assessment.
Check this box only if you are an agent authorized under IRS Section 3504 to assume full tax responsibility for the employees of the client business, with a formal agreement on file.
COMMON MISTAKE: Confusing this with a standard payroll service; checking this without the proper IRS authorization transfers legal liability incorrectly and triggers compliance reviews.
Check this box to designate the bank account provided for any potential refund as a checking account, which is required for direct deposit if you overpaid your FUTA tax.
COMMON MISTAKE: Checking both 'Checking' and 'Savings' or leaving all account type boxes blank when requesting a refund, which causes the IRS to reject the direct deposit instruction and issue a paper check, delaying refunds by 3-4 weeks.
ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Failing to exclude the first $7,000 paid to each employee annually from the FUTA wage base leads to overpayment and complex reconciliation. Based on ApronPrep's analysis, this error triggers IRS underpayment notices and penalties for unpaid tax on the correct amount. To avoid, meticulously verify that only wages above the $7,000 per-employee annual threshold are reported on Form 940, Schedule A.
Entering an incorrect amount for state unemployment tax paid or failing to report it on Schedule A (Part II) nullifies the 5.4% credit, increasing your FUTA tax rate from 0.6% to 6.0%. This mistake can add weeks to your timeline as the IRS issues a notice demanding payment of the higher tax. Ensure your Arizona Department of Economic Security (DES) contribution report matches the figure you report on Form 940 before filing.
Submitting the return under a personal SSN, an old or closed business EIN, or an EIN from a different legal entity (like a parent company) causes the IRS to misapply payments. This leads to penalties for non-filing and a lengthy correction process that can delay your confirmation by 4-6 weeks. Always use the exact EIN assigned to the legal entity paying wages in Tucson.
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| City | Fee Range | Timeline |
|---|---|---|
| Mesa | ||
| Phoenix | ||
| Tucson |
Before you can file Form 940, you must have a Federal Employer Identification Number (EIN) from the IRS and register with the Arizona Department of Economic Security (DES). Apply for an EIN online via IRS.gov (immediate issuance) and then complete the Arizona DES Employer Registration Form (UC-001). You'll need your legal business entity documents, ownership details, and first payroll dates. Missing the state registration is the top cause for mismatched wage reports and FUTA credit denial.
Track wages paid to each employee, excluding amounts over $7,000 per person (the federal wage base). The FUTA tax rate is 6.0% on the first $7,000, but you typically claim a 5.4% credit for timely-paid state unemployment taxes, making the effective federal rate 0.6%. You need year-end payroll summaries and proof of state unemployment tax (SUTA) payments to Arizona DES to calculate your net liability correctly. Miscalculating the wage base is a common audit trigger.
Fill out the 3-page Form 940 for the 2026 tax year. Key sections include your EIN, annual wages subject to FUTA tax, and the calculation of your tax due after the state credit. You must have your Arizona state unemployment account number and total SUTA payments for the year ready. File electronically through the IRS's Modernized e-File (MeF) system or via an authorized e-file provider. Paper filings are accepted but add 2-3 weeks to processing.
This is one of 13 requirements for opening a restaurant in Arizona.
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local
state
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time for the federal Form 940 (Employer's Annual Federal Unemployment Tax Return) varies. The IRS typically processes electronically filed returns within 2-3 weeks, while paper filings can take 6-8 weeks or more. For the related state-level registration requirement, the Arizona Department of Economic Security's processing timeline also varies; contact them for current status. You must have an Arizona Employer Registration for Unemployment Insurance in place before filing.
There are no government filing fees to submit the federal Form 940. This is a tax return, not an application with a processing fee. However, the form calculates the Federal Unemployment Tax Act (FUTA) tax you owe, which is a separate liability. Not legal advice — verify specific tax obligations with the IRS or your tax professional.
No. The Form 940 is an annual federal tax return, not a transferable permit. If you move your business within Arizona, you must update your address with both the IRS and the Arizona Department of Economic Security using Form 8822-B. You should also ensure your Annual Report Filing with the Arizona Corporation Commission reflects the new address.
This is an annual requirement. You must file Form 940 with the IRS every year, covering wages paid in the previous calendar year. The filing deadline is January 31. As a separate requirement, your business's state unemployment insurance account with Arizona must be maintained annually, which may involve quarterly wage reports and tax payments.
There is no physical inspection for Form 940. Compliance is verified through a financial audit by the IRS or state agencies, who review your payroll records and tax filings for accuracy. The audit process is document-based and may be triggered by discrepancies in your reported wages or tax payments. Maintain thorough payroll records, as required for related postings like the Arizona Minimum Wage Poster.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Arizona specifically, we have analyzed compliance dossiers for 3 cities (Mesa, Phoenix, Tucson), generating Rich FILs (Form Intelligence Layers) with 97 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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