Without a properly filed Employer’s Annual Federal Unemployment Tax Return, you risk IRS penalties, interest on unpaid taxes, and can lose your good standing for federal compliance. This is the Form 940 for Knoxville employers, submitted to the Internal Revenue Service. Key facts:
Analyzed from Employer's Annual Federal Unemployment Tax Return
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Every employer in Knoxville, Tennessee, is required to file the Employer's Annual Federal Unemployment Tax Return (Form 940) under the authority of the Internal Revenue Code (Title 26). This legal mandate is a direct requirement from the federal government, administered by the IRS, not a local Knoxville or Tennessee statute. The tax funds the federal share of unemployment benefits and is a prerequisite for receiving the federal unemployment tax credit. Knoxville businesses must comply irrespective of local state unemployment tax obligations to the Tennessee Department of Labor and Workforce Development.
Failing to accurately file and pay this federal return triggers a cascade of significant financial and operational penalties, calculated on the unpaid tax amount. The consequences include:
Legal code: Internal Revenue Code (Title 26)
Recent update: For tax year 2026, the IRS has not announced major changes to Form 940's core structure, but the FUTA tax rate and wage base remain at 6.0% on the first $7,000 of each employee's annual wages; employers should verify the wage base and credit reduction status with the IRS each year.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for any business that paid $1,500 or more in wages in any calendar quarter in the current or prior year, or had one or more employees for at least part of a day in 20 or more different weeks, per IRS Publication 15 (Circular E). |
| Bar / Nightclub | Required | Required because the IRS considers these establishments as employers subject to Federal Unemployment Tax Act (FUTA) filing if they meet the standard $1,500 payroll or 20-week thresholds. |
| Food Truck | Required | Required if the owner operates as an employer with hired drivers, cooks, or servers, as the payroll thresholds apply regardless of the mobile nature of the business. |
| Coffee Shop / Café | Required | Required if the shop has employees; the $1,500-in-a-quarter wage threshold is easily met by even one part-time barista, triggering FUTA filing obligations. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the dollar portion (the amount to the left of the decimal point) of your calculated federal unemployment tax (FUTA) liability for Quarter 2 (April-June), which you get from your payroll records and IRS Publication 15 instructions for the 6.0% tax rate.
COMMON MISTAKE: Entering the total liability with cents or including state unemployment tax payments; this field requires only whole dollars from your FUTA calculation, separate from the cents field.
Enter the cents portion (the two digits to the right of the decimal point) of your FUTA liability for Quarter 2.
COMMON MISTAKE: Leaving it blank when the liability includes cents, or entering more than two digits; the IRS expects two digits for any cents portion.
Enter the dollar portion (whole number) of your FUTA tax liability for Quarter 3 (July-September), calculated on the first $7,000 of each employee's annual wages per IRS rules.
COMMON MISTAKE: Copying the Q2 amount or entering the total annual liability; you must calculate and enter the liability specific to Quarter 3 wages.
Enter the two-digit cents portion of your FUTA liability for Quarter 3.
COMMON MISTAKE: Incorrectly entering '00' if there is a cents amount; this causes a mismatch with your calculated total liability.
Enter the dollar portion of your FUTA liability for Quarter 4 (October-December).
COMMON MISTAKE: Forgetting to account for the wage base limit ($7,000 per employee) already reached in earlier quarters, leading to over-reporting liability.
Enter the two-digit cents portion of your FUTA liability for Quarter 4.
COMMON MISTAKE: Entering a single digit for cents (e.g., '5' instead of '05'), which can cause processing errors.
Check this box ONLY if you are a paid preparer, accountant, or other authorized third party (not a CPEO or 3504 Agent) filing the return on behalf of the employer.
COMMON MISTAKE: Employers incorrectly checking this when they are filing themselves; this box is for third-party filers only and checking it incorrectly can trigger correspondence.
Check this box ONLY if you are a Certified Professional Employer Organization filing a consolidated return for client employers under IRS regulations.
COMMON MISTAKE: Regular employers or Section 3504 Agents checking this box; this status requires specific IRS certification.
Check this box ONLY if you are an agent authorized under IRS Code Section 3504 to report and pay employment taxes for the employees of another business.
COMMON MISTAKE: Confusing this with being a third-party payroll service; a 3504 Agent has a specific agreement with the IRS and assumes tax liability.
Check this box if you are due a refund and want it deposited directly into your checking account, providing your routing and account numbers in the fields above.
COMMON MISTAKE: Checking this box but providing savings account details, or checking it when you owe tax (not due a refund), which confuses IRS processing.
ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Many employers miss the critical rule that federal Form 940 must be filed after paying your state unemployment taxes, but only if you needed to pay them. In Tennessee, your state unemployment tax payments to the Tennessee Department of Labor & Workforce Development must be completed first. Submitting Form 940 prematurely, before verifying your state liability is settled, can cause processing delays with the IRS and complicate your FUTA tax credit calculation, adding weeks to your reconciliation timeline.
Entering total payroll instead of only the first $7,000 of each employee's annual wages is a top error. For example, an employee paid $50,000 only contributes $7,000 to your FUTA wage base. Over-reporting inflates your tax deposit liability on Lines 5 and 6. This mistake often triggers an IRS notice demanding payment for overstated tax, requiring a correction and potentially penalties for underpayment if your deposits were based on the wrong amount, adding 4-6 weeks to resolve.
Entering 5.4% instead of the maximum allowable credit based on your timely state payments causes an underpayment. The full credit requires paying your Tennessee state unemployment taxes (Form UCT-5) by the state's due date, typically January 31st. If your state payments were late, your credit is reduced, increasing your federal tax owed. Using the full 5.4% credit without qualification leads to an IRS bill for the difference plus interest, delaying finalization by 2-3 months.
ApronPrep auto-fills 81 of 97 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Compile your complete payroll records for the calendar year, including total wages paid to each employee and the amount subject to FUTA tax. You must have your Employer Identification Number (EIN) ready, which is used for all IRS correspondence. The most common delay here is misclassifying wages—only the first $7,000 paid to each employee in 2026 is taxable for FUTA, and employer-paid state unemployment taxes may qualify for credits.
Calculate your FUTA tax liability and complete the 4-page IRS Form 940. You can file electronically through the IRS's Financial Management Service (FMS) or by mail. Ensure you have calculated your net FUTA tax (after applying the maximum 5.4% credit for state unemployment taxes paid) and have your banking details ready if paying electronically via EFTPS. Filing by paper requires mailing to the IRS address for your region, which adds processing time.
Deposit any FUTA tax due using the Electronic Federal Tax Payment System (EFTPS). The annual return is due January 31, but if your total FUTA tax liability for the year exceeds $500, you were required to make quarterly deposits throughout the year. Failure to deposit on time results in IRS penalties. Have your EIN and banking information ready to complete the EFTPS transaction.
This is one of 13 requirements for opening a restaurant in Tennessee.
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local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe processing timeline for the Form 940 (Employer's Annual Federal Unemployment Tax Return) varies. According to the IRS, it is submitted annually by January 31 for the prior tax year, and processing by the federal agency can take several weeks. Contact the IRS to confirm current processing times after submission.
There is no government filing fee to submit the Form 940 return itself. The cost is the calculated federal unemployment tax (FUTA), which is 6.0% on the first $7,000 paid to each employee per year, per federal law. You must also ensure compliance with related state tax obligations, like the Annual Report Filing with the Tennessee Secretary of State, which has its own separate fee.
No, the Form 940 is a federal tax return tied to your Employer Identification Number (EIN), not a specific location. If you move your business, you must update your address with the IRS using Form 8822-B. You must also update your local business registration, starting with a new City Business License/Registration in Knoxville.
You must file Form 940 annually, by January 31 for the previous calendar year. There is no 'renewal'—it is a yearly tax filing obligation. Timely filing is critical to avoid penalties, which can include a failure-to-file penalty of 5% of the tax due per month, up to 25%, as stated in IRS guidelines.
There is no physical inspection for this tax return. Compliance is verified through payroll record audits conducted by the IRS or state workforce agencies. They will review your Forms W-2, payroll registers, and state unemployment tax filings to verify wages paid and taxes withheld. Not legal advice — verify record-keeping requirements with the IRS.
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 Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), 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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