Without filing the Employer's Annual Federal Unemployment Tax Return (FUTA Form 940), your business faces IRS wage garnishments and penalties, and your eligibility for federal unemployment credit could be revoked. This federal tax return is required by the IRS (Internal Revenue Service) for employers in Tampa, Florida. Key facts:
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The Employer's Annual Federal Unemployment Tax Return (Form 940) is mandated by federal law under the Internal Revenue Code (Title 26). This requirement is enforced nationally by the Internal Revenue Service, including for all employers in Tampa, Florida. The tax funds the Federal Unemployment Tax Act (FUTA) program, which provides unemployment compensation to workers who have lost their jobs. While there is no separate local Tampa or Florida ordinance for this form, compliance with the federal requirement is compulsory for all eligible employers in the jurisdiction.
Filing and paying FUTA taxes accurately and on time is critical to avoid significant federal penalties that can directly impact your business cash flow and legal standing. Based on ApronPrep's analysis of IRS enforcement actions, common consequences for non-compliance include:
Legal code: Internal Revenue Code (Title 26)
Recent update: As of the 2026 tax year, the FUTA tax rate remains 6.0% on the first $7,000 of each employee's wages, and the standard maximum credit remains 5.4%, resulting in a net effective federal tax rate of 0.6% for most employers, per IRS Publication 15 (Circular E).
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you have one or more employees for at least part of a day in 20 different weeks in the current or prior year, or if you paid wages of $1,500 or more in any calendar quarter, as defined by the Federal Unemployment Tax Act (FUTA). |
| Bar / Nightclub | Required | Required under FUTA for any employer who paid wages to one or more employees totaling $1,500 or more in any calendar quarter or had employees for at least part of a day in 20 different weeks. |
| Food Truck | Required | Required if you meet the FUTA employment thresholds—this applies to mobile food service employers who pay wages to employees, not independent contractor drivers. |
| Coffee Shop / Café | Required | Required for businesses with employees, as FUTA liability is triggered by paying $1,500 or more in wages in a quarter or having employees for 20 weeks. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the whole-dollar amount of your FUTA tax liability for the second quarter (April-June) of the tax year.
COMMON MISTAKE: Entering the cumulative liability for the year-to-date instead of the liability for Q2 only, which causes calculation errors.
Enter the cents portion (two digits) of your FUTA tax liability for the second quarter of the tax year.
COMMON MISTAKE: Leaving this field blank or entering more than two digits, which results in an unprocessable payment amount.
Enter the whole-dollar amount of your FUTA tax liability for the third quarter (July-September) of the tax year.
COMMON MISTAKE: Mistakenly copying the Q2 dollar amount into Q3, creating a discrepancy with payroll records.
Enter the cents portion (two digits) of your FUTA tax liability for the third quarter of the tax year.
COMMON MISTAKE: Entering a single digit (like '5' instead of '05'), which the IRS systems may flag as incomplete.
Enter the whole-dollar amount of your FUTA tax liability for the fourth quarter (October-December) of the tax year.
COMMON MISTAKE: Failing to include tax owed on year-end bonus payrolls, leading to underpayment and penalties.
Enter the cents portion (two digits) of your FUTA tax liability for the fourth quarter of the tax year.
COMMON MISTAKE: Entering a value that does not match the cents from your calculated tax for Q4, causing a mismatch and potential notice.
Check this box if you are an authorized filer who is not a CPEO or Section 3504 Agent (e.g., a CPA, payroll service, or attorney).
COMMON MISTAKE: Checking this box when you are the employer filing on your own behalf, misrepresenting the preparer's role.
Check this box only if you are filing this return as a Certified Professional Employer Organization (CPEO) on behalf of client employers.
COMMON MISTAKE: A restaurant owner incorrectly checking this box because they use a PEO; this status is specific to IRS-certified CPEOs.
Check this box if you are an agent authorized under IRS Section 3504 to report and pay employment taxes for the employer.
COMMON MISTAKE: Confusing this with a standard power of attorney (Form 2848); Section 3504 requires a specific IRS agreement.
Check this box if you are requesting a refund and want it deposited into a checking account.
COMMON MISTAKE: Checking both 'Checking' and 'Savings' for the same account, which can delay or reject the direct deposit.
ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Using your Social Security Number (SSN) or an old/incorrect Employer Identification Number (EIN) is a top cause of IRS processing delays and error notices. The IRS cannot match your payment to your business account with the wrong identifier, leading to penalties and interest. Always verify your 9-digit EIN from your IRS EIN confirmation letter (Form SS-4) before filing. This mistake typically adds 4-8 weeks to resolve correspondence with the IRS.
Incorrectly listing non-wage payments (like contractor costs) as taxable wages, or failing to properly report exempt payments (like Fringe Benefits under Section 125) inflates your FUTA tax liability. This triggers underpayment penalties and interest. For example, a $10,000 payment to an independent contractor should not be in Part 1, line 3. Carefully review IRS Publication 15-A to distinguish between employees and contractors, and ensure only wages subject to federal unemployment tax are reported.
Failing to account for the 0.6% FUTA credit reduction for Florida employers is a common and costly annual error. Florida is a credit reduction state, meaning the effective FUTA tax rate is 0.6% (not 0.6%). For instance, on $7,000 of taxable wages per employee, the tax due is $42, not $42. Using the standard 0.6% rate results in underpayment. Always verify the annual IRS Notice announcing credit reduction states, and calculate using the correct rate from Part 1, line 10 of the 2026 Form 940 instructions.
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| City | Fee Range | Timeline |
|---|---|---|
| Jacksonville | ||
| Miami | ||
| Tampa |
Compile your records for all four quarters of the tax year. You'll need the total wages subject to FUTA tax (first $7,000 paid to each employee) and any state unemployment tax (SUTA) you've paid, documented with your Florida Department of Revenue Employer's Quarterly Reports (Form RT-6). The most common error is miscalculating the federal credit by using incorrect SUTA payment amounts, which leads to underpayment penalties. Use your final, reconciled payroll reports from each quarter.
Fill out the IRS Form 940 for the applicable tax year. The form has 40 fields; key sections include calculating your FUTA taxable wages, applying the maximum 5.4% credit for timely-paid SUTA, and determining your final tax liability. ApronPrep's auto-fill can populate data from your quarterly wage records. The top mistake is entering the business's gross payroll instead of the FUTA taxable wage base, which will trigger an IRS notice. Have your Employer Identification Number (EIN) and annual wage summary handy.
Determine your final tax liability from Line 10 of Form 940. If your FUTA tax for the year exceeds $500, you were required to make quarterly deposits via the IRS Electronic Federal Tax Payment System (EFTPS). If you didn't, you may face a failure-to-deposit penalty. For the annual return, any remaining balance must be paid by January 31st. Prepare payment through EFTPS, which is mandatory for most businesses. Verify all prior quarterly deposits are accurately recorded on the form to avoid double-paying.
This is one of 13 requirements for opening a restaurant in Florida.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time for the IRS Form 940 varies based on filing method. Electronically filed returns are typically processed and accepted within a few business days, while paper returns can take several weeks to be processed by the IRS, per their published guidelines. It's critical to file by the January 31 deadline to avoid penalties, regardless of processing time.
There are no government filing fees to submit the federal Form 940 to the IRS; the official fee range is $0–$0. However, the cost is the FUTA tax itself, which is a percentage of employee wages. You must also be enrolled in the EFTPS Enrollment (Electronic Federal Tax Payment System) to make tax deposits, as required by federal law.
No, the federal Form 940 is an annual tax return, not a transferable permit. If you move your business, you must update your business address with the IRS for all tax accounts, including your Employer Identification Number (EIN). Ensuring your Application for Employer Identification Number information is current is essential for receiving official correspondence.
You must file the IRS Form 940 once per calendar year. The deadline is January 31 for the previous year's liability. There is no 'renewal'—it is a mandatory annual filing for any employer subject to the Federal Unemployment Tax Act (FUTA). Contact the IRS or a tax professional to confirm your specific filing obligations.
There is no physical inspection for the Form 940. Compliance is verified through the IRS's audit of your payroll records and tax filings. You must maintain accurate wage reports, typically from your quarterly Form 941 filings, to support the annual Form 940. Not legal advice — verify recordkeeping requirements with the IRS or a qualified tax advisor.
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 Florida specifically, we have analyzed compliance dossiers for 3 cities (Jacksonville, Miami, Tampa), 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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