You risk an IRS penalty assessment of up to 15% of the tax owed, plus interest, and can jeopardize your state unemployment tax rate if you fail to file the annual Employer's Annual Federal Unemployment Tax Return (FUTA) with the IRS. This federal tax return, also referred to as IRS Form 940, consolidates your quarterly federal unemployment tax liabilities. The IRS requires all employers who paid wages of $1,500 or more in any calendar quarter or who had at least one employee for some part of a day in 20 different weeks must file. Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 81 of 97 fields.
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The Employer's Annual Federal Unemployment Tax Return, or Form 940, is required by federal law under the Federal Unemployment Tax Act (FUTA), codified in the Internal Revenue Code (Title 26). This is a national mandate, but as an employer in Springfield, Massachusetts, you must also ensure compliance with the state Department of Unemployment Assistance (DUA), which administers the state unemployment insurance program. The federal tax funds the federal government’s share of unemployment benefits and the administration of state unemployment systems. Filing this return is non-negotiable for any business with employees, regardless of local jurisdiction, because the obligation originates from your federal employer identification number (EIN) and payroll.
Failing to file and pay your FUTA tax carries significant financial and legal consequences. Based on IRS regulations, penalties include:
Legal code: Internal Revenue Code (Title 26)
Recent update: As of the 2026 tax year, the IRS has made no major structural changes to Form 940, but employers must always verify the current year's instructions for updates to wage bases, credit reduction states, or e-filing mandates.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you paid wages of $1,500 or more to employees in any calendar quarter of 2026, or had one or more employees for at least part of a day in 20 or more different weeks, as per IRS FUTA regulations. |
| Bar / Nightclub | Required | Required if you met the FUTA threshold in 2026—paying $1,500 or more in wages in a quarter or employing one or more persons for 20+ weeks—which is standard for this size of establishment. |
| Food Truck | Required | Required if you had employees and met the FUTA threshold ($1,500+ in wages per quarter or 20+ weeks of employment in 2026), as food truck employees are subject to the same federal unemployment tax rules. |
| Coffee Shop / Café | Required | Required if you paid wages of $1,500 or more in any quarter of 2026 or had employees for 20+ weeks; most small coffee shops with staff will meet this IRS-defined threshold. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the dollar amount of your Federal Unemployment Tax Act (FUTA) tax liability for the second quarter of the year, calculated as 0.6% of the first $7,000 paid to each employee after credits.
COMMON MISTAKE: Entering the total gross wages paid instead of the calculated FUTA tax liability, or failing to separate dollars from cents into the correct adjacent fields, which causes IRS processing delays.
Enter the cents portion (two digits) of your Q2 FUTA tax liability, ensuring it aligns precisely with the dollar amount entered in the adjacent field.
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 will cause a mismatch with the calculated total.
Enter the dollar amount of your FUTA tax liability for the third quarter, calculated independently from other quarters based on wages paid in that period.
COMMON MISTAKE: Copying the Q2 amount instead of performing a separate calculation for Q3 wages, or including state unemployment tax credits incorrectly in this federal liability figure.
Enter the two-digit cents portion of your Q3 FUTA tax liability.
COMMON MISTAKE: Incorrectly formatting cents (e.g., '.50' instead of '50') or transposing digits from the dollar amount, leading to a calculation error flagged by the IRS.
Enter the dollar amount of your FUTA tax liability for the fourth quarter; note that this is a separate calculation and payment from any end-of-year reconciliation.
COMMON MISTAKE: Forgetting to include final quarter wages paid in December before the wage base limit is reached, resulting in an underpayment and potential penalties.
Enter the two-digit cents portion of your Q4 FUTA tax liability.
COMMON MISTAKE: Similar to other quarters, entering a single digit for amounts like '5 cents' instead of '05', which is a common formatting error that triggers manual review.
Check this box only if you are a payroll service provider or other third-party preparer filing this return on behalf of the employer, but you are NOT a Certified PEO or Section 3504 Agent.
COMMON MISTAKE: An employer checking this box themselves, which incorrectly identifies the filer and can lead to correspondence issues with the IRS as they expect third-party contact information.
Check this box if you are a Certified Professional Employer Organization filing under your own EIN for covered employees, as defined by IRS regulations.
COMMON MISTAKE: A regular employer checking this box because they use a PEO for payroll; only the PEO itself, filing under its own EIN, should select this option.
Check this box only if you have a formal agreement under IRS Section 3504 to act as an agent for the employer, assuming full tax liability.
COMMON MISTAKE: Confusing this with a standard power of attorney (Form 2848); Section 3504 status is a specific, pre-approved arrangement, and incorrect selection can shift liability erroneously.
Check this box if you are requesting a refund via direct deposit and the bank account provided is a checking account.
COMMON MISTAKE: Checking both 'Checking' and 'Savings' for the same account, or selecting this for a payment instead of a refund, which will cause the IRS to reject the direct deposit instruction.
ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Employers file the longer Form 940 when they could use the simpler Form 940-EZ, or they file the 940-EZ when they don't meet its strict eligibility criteria. This mistake triggers IRS correspondence and delays processing, adding 4-6 weeks to your timeline. Verify eligibility for Form 940-EZ by checking that you paid unemployment taxes to only one state and all wages were taxable for that state's unemployment program.
A common error is including non-taxable compensation, like certain fringe benefits or payments over the $7,000 wage base per employee, in the 'total payments' on Line 2. This overstates your FUTA tax liability. To avoid this, ensure you are only counting the first $7,000 paid to each employee during the calendar year, as mandated by IRS instructions. Using payroll software or your W-2 records is the most reliable method.
This occurs when employers misapply the credit for state unemployment taxes paid (Line 10) or make arithmetic errors when subtracting it from the gross FUTA tax (Line 9). The maximum credit is 5.4%, which can reduce your effective FUTA tax rate to 0.6%. Double-check that you have accurately reported all state unemployment tax payments on Schedule A (Form 940) and correctly performed the subtraction to prevent an underpayment notice and potential penalties.
ApronPrep auto-fills 81 of 97 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Boston | ||
| Springfield | ||
| Worcester |
Compile your four completed Quarterly Federal Unemployment (FUTA) Tax Returns (Form 940). You'll need the total wages paid, the portion subject to FUTA tax, and your total tax liability for each quarter from your payroll records or software. Having this organized before starting the annual return is critical — mismatched quarterly totals are a common cause of math error notices from the IRS.
Fill out the 2026 version of IRS Form 940 using your annual payroll totals. You must report total payments subject to FUTA tax, calculate your annual tax liability, and apply any applicable credit reductions. The most complex part is Schedule A for multi-state employers, which determines the credit reduction amount for Massachusetts. ApronPrep auto-fills this using your business and payroll data to ensure accuracy.
File your completed Form 940 with the IRS by the deadline. You can file electronically through the IRS's e-file system for businesses or by mail. Any balance due must be paid in full by this date. If you deposited all FUTA tax timely during the year, you have until February 10 to file. Pay via the Electronic Federal Tax Payment System (EFTPS) — paper checks sent with the return are a primary cause of processing delays.
This is one of 13 requirements for opening a restaurant in Massachusetts.
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local
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time varies significantly. The IRS typically processes electronic filings of Form 940 within a few weeks, but receiving official confirmation or a refund can take longer. For accurate timelines, consult the IRS website or your tax professional. ApronPrep auto-fills the form's data to help you submit faster, but the official IRS processing time is outside our control.
The government filing fee for submitting the IRS Form 940 is $0–$0. However, this return calculates your owed Federal Unemployment Tax Act (FUTA) tax liability, which is a separate payment. The cost is your calculated tax, not a filing fee. Per IRS guidelines, verify current tax rates and payment requirements. Not legal advice.
No, a FUTA tax account is not "transferred." If you move your business, you must update your address with the IRS using Form 8822. Your Federal Employer Identification Number (FEIN) from your Application for Employer Identification Number remains the same. Failure to update your address can lead to missed notices and penalties.
You file annually. The IRS Form 940 is due by January 31st each year for the previous calendar year. If you deposited all FUTA tax when due, you have until February 10th to file. This is a recurring obligation separate from state-level requirements like the Annual Report Filing with Massachusetts. Confirm current deadlines on the IRS website.
There is no physical inspection for this tax return. The "inspection" is an IRS review of your filed Form 940 for accuracy in wage reporting, tax calculation, and timely payment. They may audit your payroll records. Keeping detailed records, including your state unemployment insurance documentation, is critical to avoid penalties and interest.
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 Massachusetts specifically, we have analyzed compliance dossiers for 3 cities (Boston, Springfield, Worcester), 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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