Failing to file your Employer's Annual Federal Unemployment Tax Return can trigger IRS penalties, liens, and prevent your business from securing financing or selling. In Worcester, Massachusetts, this requirement—also called Form 940—is federally mandated by the IRS. Key facts:
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The Employer's Annual Federal Unemployment Tax Return (Form 940) is a mandatory federal filing requirement under the Internal Revenue Code (Title 26) and corresponding provisions of the Federal Unemployment Tax Act (FUTA). It is managed by the Internal Revenue Service (IRS) and is required for all employers who paid wages of $1,500 or more in any calendar quarter or had at least one employee for 20 weeks. The tax funds state unemployment insurance agencies and provides for payments to workers who lose their jobs. While federal, its timely completion is a prerequisite for maintaining good standing in Massachusetts, as the state's Department of Unemployment Assistance (DUA) coordinates with the IRS.
Failing to file or pay the required FUTA tax triggers immediate and escalating penalties and interest. These are not discretionary; they are automatically assessed by the IRS based on the statutory schedule. Common consequences include:
Legal code: Internal Revenue Code (Title 26)
Recent update: For the 2026 tax year, the IRS has confirmed that the FUTA tax rate remains at 6.0% on the first $7,000 of each employee's wages, but employers should verify the annual wage base limit each filing season as it is subject to change by federal legislation.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you paid wages of $1,500 or more in any calendar quarter, or had one or more employees for at least some part of a day in 20 or more different weeks in the current or preceding year, per IRS Publication 15. |
| Bar / Nightclub | Required | Required if you meet the federal FUTA employment threshold: paying wages of $1,500+ in any quarter or employing at least one person for 20+ weeks, as defined in IRC § 3306. |
| Food Truck | Required | Required if you employ drivers, cooks, or other staff and meet the federal FUTA threshold of $1,500 in quarterly wages or 20+ weeks of employment, regardless of mobility. |
| Coffee Shop / Café | Required | Required if you have paid employees, as most cafés meet the FUTA threshold by paying wages over $1,500 in a quarter, per IRS guidelines. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the dollar portion of your total FUTA tax liability for the second quarter (April, May, June), calculated as 0.6% of the first $7,000 paid to each employee, from your payroll records or IRS Form 940 Worksheet 1.
COMMON MISTAKE: Entering the full tax amount including cents, or confusing it with the total tax due on Line 14 after credits.
Enter the cents portion of your Q2 FUTA tax liability; must be a two-digit number between 00 and 99, taken from the same calculation as the dollar amount.
COMMON MISTAKE: Leaving this field blank if liability is an even dollar amount—it must be filled with "00" in that case.
Enter the dollar portion of your total FUTA tax liability for the third quarter (July, August, September), calculated as 0.6% of the first $7,000 paid to each employee, from your payroll records.
COMMON MISTAKE: Repeating the Q2 liability amount here instead of the Q3-specific calculation, or entering a negative amount for credits (credits are applied later).
Enter the cents portion of your Q3 FUTA tax liability; must be a two-digit number between 00 and 99, taken from your payroll calculation.
Enter the dollar portion of your total FUTA tax liability for the fourth quarter (October, November, December), calculated as 0.6% of the first $7,000 paid to each employee, from your payroll records.
COMMON MISTAKE: Entering the total year-end tax due or an amount that includes credit for state unemployment tax payments (Form 940 Schedule A).
Enter the cents portion of your Q4 FUTA tax liability; must be a two-digit number between 00 and 99, taken from your payroll calculation.
Check this box if you are a third-party preparer (e.g., a payroll service or accountant) filing on behalf of the employer and you do NOT fit the definitions of a Certified Professional Employer Organization (CPEO) or Section 3504 Agent.
COMMON MISTAKE: An employer checking this box themselves—it's only for a preparer who is not the business owner or officer.
Check this box only if you are a CPEO as defined by the IRS and filing this return under your CPEO status; verify your status with the IRS CPEO program before checking.
COMMON MISTAKE: A regular employer checking this box because they use a PEO service—only the CPEO itself should check this.
Check this box if you are an agent authorized under IRS Section 3504 to file and pay employment taxes for the employer; you must have a formal agreement on file with the IRS.
COMMON MISTAKE: An employer checking this box for their payroll service—the agent must have specific IRS authorization, not just a service contract.
Check this box only if you are requesting a direct deposit refund of an overpayment and the bank account provided on Lines 15a-c is a checking account.
COMMON MISTAKE: Checking this box when filing to make a payment, or checking both 'Checking' and 'Savings'—you must select only one.
ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Submitting the previous year's Form 940 (e.g., 2025) or the obsolete Form 940-EZ (discontinued after 2017). The IRS will reject or delay processing. Avoid it by always downloading the current Form 940 from IRS.gov each January and confirming it's for Tax Year 2026. This mistake can add 4–6 weeks to your processing timeline as you'll receive a notice and have to re-file.
Entering total Massachusetts wages without excluding the first $7,000 paid to each employee, as required by the Federal Unemployment Tax Act (FUTA). This overstates your taxable wage base and leads to an overpayment or a mismatch with SUI filings. For example, if you paid an employee $10,000, only $7,000 is subject to FUTA tax. Calculate the correct amount by reviewing your quarterly wage reports to the Massachusetts Department of Unemployment Assistance.
Failing to properly calculate and claim the maximum 5.4% credit for state unemployment taxes paid. The net FUTA tax rate is 0.6% (6.0% statutory rate minus 5.4% credit). Entering a full 6.0% tax will trigger an IRS underpayment notice. Verify you've paid your Massachusetts SUI taxes in full and on time to qualify for the full credit, then multiply your taxable wages by 0.006.
ApronPrep auto-fills 81 of 97 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Boston | ||
| Springfield | ||
| Worcester |
First, verify that you paid wages of $1,500 or more in any calendar quarter or had at least one employee for 20 weeks in the current or prior year, as this determines liability under the Federal Unemployment Tax Act (FUTA). Calculate your tax liability for the entire year: the standard FUTA tax rate is 6.0% on the first $7,000 paid to each employee. Have your payroll records, state unemployment tax (SUTA) payment history, and Employer Identification Number (EIN) ready. Incorrect wage calculations are a common audit trigger, and you'll need your state unemployment account number for form completion.
Complete IRS Form 940, 'Employer's Annual Federal Unemployment (FUTA) Tax Return' for the tax year. You must reconcile total annual liability against any quarterly deposits you made and apply the 5.4% credit for timely SUTA payments. Use the worksheet in the form instructions to avoid calculation errors. You can complete the fillable PDF from IRS.gov or use tax preparation software. Missing the required credit calculation for state unemployment taxes is a top mistake leading to an IRS notice and underpayment penalty.
Submit your completed Form 940 to the IRS by January 31 of the following year (e.g., file 2026 Form 940 by January 31, 2027). You can file electronically through the IRS's Filing Information Returns Electronically (FIRE) system or mail it to the address in the instructions for your state. Massachusetts employers generally mail returns to the IRS in Kansas City, MO. Electronic filing is recommended to receive confirmation and avoid postal delays. Attach Schedule A if you paid SUTA to multiple states.
This is one of 13 requirements for opening a restaurant in Massachusetts.
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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 timelines vary significantly and are not set by local authorities, as this is a federal tax form filed with the IRS. The time to 'get' the form is the time it takes you to complete and file IRS Form 940. The IRS typically processes these annual returns as part of your tax account, but you should allow ample time before the January 31 deadline to gather wage data. Always check the current year's IRS instructions for the most accurate processing estimates.
There are $0–$0 in government filing fees to submit the form itself to the IRS. However, this return calculates your Federal Unemployment Tax Act (FUTA) tax liability, which is a separate payment. The cost is the tax you owe, typically 6.0% on the first $7,000 of each employee's annual wages, minus credits for state unemployment taxes paid. Not legal advice — verify tax calculations with the IRS or a tax professional.
No, the federal Employer Identification Number (EIN) used for this return is tied to your business entity, not a specific location. If you move your Worcester restaurant, you must update your address with the IRS using Form 8822-B. Your Application for Employer Identification Number established this permanent federal tax ID. You continue filing the annual Form 940 for the same EIN, reporting wages paid from any location.
You must file IRS Form 940 annually, by January 31 for the previous calendar year. There is no 'renewal'—it is a yearly filing requirement for any employer who paid wages of $1,500 or more in any calendar quarter or had at least one employee for 20 weeks. This is separate from state-level obligations. Ensuring your Annual Report Filing with Massachusetts is also current is crucial for maintaining good standing.
There is no physical inspection for this federal tax return. Compliance is verified through record audits conducted by the IRS or the Massachusetts Department of Unemployment Assistance (DUA). They may review your payroll records, state unemployment tax filings (Form 1099-G), and quarterly wage reports to verify the accuracy of your Form 940. Maintaining organized payroll records is essential, as is ensuring any required local permits like your Business License / Business Certificate are in order.
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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