ApronPrep logo
By ApronPrep Compliance Team|Reviewed by Sarah Chen, Food Safety Specialist|Verified April 2026
97Form Fields

Analyzed from Employer's Annual Federal Unemployment Tax Return

81Auto-Filled

84% from one compliance interview

16Need Attention

Manual entry or document upload required

157+Cities Analyzed
9,849+Requirements Tracked
8,415+Forms Analyzed
433,000+Fields Classified

Why You Need a Employer's Annual Federal Unemployment Tax Return

The Employer's Annual Federal Unemployment Tax Return (Form 940) is mandated by federal law, specifically under the Federal Unemployment Tax Act (FUTA) in Internal Revenue Code (Title 26), Subtitle C, Chapter 23. This requirement applies to you in Tacoma, Washington, the same as it does for employers nationwide. The IRS requires this return to calculate and collect the federal unemployment tax, which funds state workforce agencies and half of extended unemployment benefits. Even if you pay Washington state unemployment taxes (SUTA), you must file this separate federal form if 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.

Failing to file or pay correctly triggers immediate and compounding penalties that directly impact your restaurant's finances and legal standing. Consequences include:

  • Failure-to-file penalty: 5% of the unpaid tax per month, up to a maximum of 25%.
  • Failure-to-pay penalty: 0.5% of the unpaid tax per month, plus interest charged on the total due from the original due date.
  • Operational & financial risk: Persistent non-compliance can lead to IRS levies on your business bank accounts or assets. A tax lien can also disrupt relationships with lenders during loan renewals and may violate the good-standing clauses in your commercial lease.
  • Criminal prosecution: In cases of willful fraud or evasion, responsible parties can face criminal charges, including substantial fines and imprisonment.

Legal code: Internal Revenue Code (Title 26)

Failure-to-file penalties (5%/month up to 25%), failure-to-pay (0.5%/month), interest on unpaid taxes, criminal prosecution for fraud/evasion

Recent update: For the 2026 tax year, the IRS has confirmed the FUTA tax rate remains at 6.0% on the first $7,000 of each employee's wages, but verify the wage base annually as it is subject to change.

Who Needs a Employer's Annual Federal Unemployment Tax Return?

TypeRequiredNotes
Restaurant (Full-Service)RequiredRequired if you paid wages of $1,500 or more in any calendar quarter in 2025 or 2026, or had at least one employee for 20 weeks, as defined by the Federal Unemployment Tax Act (FUTA, 26 U.S.C. § 3301).
Bar / NightclubRequiredRequired under the same FUTA thresholds: paying $1,500+ in quarterly wages or employing at least one person for 20 weeks in the calendar year.
Food TruckRequiredRequired if you meet the FUTA employee threshold. Mobile operations with employees are not exempt from federal unemployment tax obligations.
Coffee Shop / CaféRequiredRequired if you have paid employees and meet the $1,500 quarterly wage threshold, as per standard IRS FUTA guidelines.
12 more establishment types

See which restaurant types need this requirement — and which don't.

See Full Requirements →

Field-by-Field Guide (97 Fields)

81 of 97 auto-filled

Q2 Tax Liability - Dollars (Line 16b)

text
Auto-filled from compliance interview

Enter the dollar amount of your FUTA tax liability for the second quarter (April–June) before any credits, calculated from wages paid, which ApronPrep auto-fills based on your payroll data.

COMMON MISTAKE: Entering a value that is net of state unemployment tax credits, which should be reported on a separate line, causing a mismatch with reported payments and triggering an IRS notice.

High rejection risk

Q2 Tax Liability - Cents (Line 16b)

text
Auto-filled from compliance interview

Enter the two-digit cents portion of your Q2 FUTA tax liability, which ApronPrep calculates and provides from your payroll data to complete the amount.

COMMON MISTAKE: Leaving this field blank or entering a one-digit number (e.g., '5' instead of '05'), resulting in an incorrect dollar total and a processing error.

High rejection risk

Q3 Tax Liability - Dollars (Line 16c)

text
Auto-filled from compliance interview

Enter the dollar amount of your FUTA tax liability for the third quarter (July–September) before any credits, which ApronPrep auto-fills from your provided payroll records.

COMMON MISTAKE: Copying the Q2 dollar amount into this field instead of calculating the correct Q3 liability, creating a discrepancy that can lead to an IRS penalty assessment.

High rejection risk

Q3 Tax Liability - Cents (Line 16c)

text
Auto-filled from compliance interview

Enter the two-digit cents portion for your Q3 FUTA tax liability, automatically populated by ApronPrep to ensure accurate reporting.

COMMON MISTAKE: Incorrectly transposing digits from the dollar amount or entering cents that do not match your quarterly wage records, causing a math verification failure.

High rejection risk

Q4 Tax Liability - Dollars (Line 16d)

text
Auto-filled from compliance interview

Enter the dollar amount of your FUTA tax liability for the fourth quarter (October–December) before any credits, a value ApronPrep auto-fills based on your annual payroll summary.

COMMON MISTAKE: Forgetting to include year-end bonus payments or other taxable wages paid in December, leading to an underreported liability and potential underpayment penalties.

High rejection risk

Q4 Tax Liability - Cents (Line 16d)

text
Auto-filled from compliance interview

Enter the two-digit cents portion for your Q4 FUTA tax liability, provided by ApronPrep to finalize the quarterly reporting.

COMMON MISTAKE: Entering the cents as a percentage (e.g., '06' for 6%) instead of the actual monetary cents, which will cause the form's calculated totals to be incorrect.

High rejection risk

Other Third Party Filer

checkbox
Auto-filled from compliance interview

Check this box only if you are a third-party payer (other than a CPEO or 3504 Agent) filing this return on behalf of the employer, as defined by IRS guidelines.

COMMON MISTAKE: An employer incorrectly checking this box when they are filing their own return, which misrepresents the filing entity and can delay processing.

Certified Professional Employer Organization

checkbox
Auto-filled from compliance interview

Check this box if you are a Certified Professional Employer Organization (CPEO) filing a consolidated FUTA return for client employers under your certification.

COMMON MISTAKE: A regular employer or non-certified PEO checking this box, which is reserved for IRS-certified entities and can invalidate the filing status.

Section 3504 Agent

checkbox
Auto-filled from compliance interview

Check this box if you are an agent authorized under IRS Section 3504 to report and pay employment taxes for the employer.

COMMON MISTAKE: A payroll service provider that has not been formally designated as a Section 3504 agent checking this box, which constitutes an incorrect legal declaration.

Account Type: Checking (Line 15d)

checkbox
Auto-filled from compliance interview

Check this box to indicate you are requesting any potential refund be deposited into a checking account, not a savings account.

COMMON MISTAKE: Checking both 'Checking' and 'Savings' boxes for the same account, which provides conflicting instructions to the IRS and can delay a refund.

87 more fields in this form

ApronPrep auto-fills 81 of 97 fields from a single compliance interview — no re-typing, no guessing what the government expects.

97total fields
81auto-filled
16need attention
Start Filling

Top 5 Employer's Annual Federal Unemployment Tax Return Mistakes

1

1. Calculating FUTA Tax Using the Wrong Wage Base

Using the total annual wages paid, instead of only the first $7,000 paid to each employee (the FUTA wage base), leads to significant overpayment and a prolonged refund process. For example, if you pay an employee $50,000, only $7,000 of that is taxable for FUTA. Avoiding this requires reviewing each employee's year-to-date earnings before the 4th quarter. Miscalculation is a primary reason for amended returns, which can delay your overall tax filing closure by 6-8 weeks.

2

2. Missing the State Credit Reduction on Schedule A

Failing to check if Washington State has a credit reduction and incorrectly claiming the full 5.4% credit on Line 10 of Form 940 results in underpayment and IRS penalties. The U.S. Department of Labor announces states with reduced credits; for 2026, Washington does not have a reduction, but this must be verified annually. Based on ApronPrep's analysis, this omission is a common audit trigger, leading to interest charges on the unpaid balance from the original January 31 due date.

3

3. Entering Incorrect Employer Identification Number (EIN)

Transposing numbers or using an old EIN from a prior business entity causes the IRS to misapply your payment, potentially flagging your account for non-filing. A single digit error, like entering 12-3456789 instead of 12-3456798, creates this issue. This mistake requires contacting the IRS Business & Specialty Tax Line to resolve, adding a minimum of 3-4 weeks to your processing timeline as payments are traced and reallocated.

2 more steps

See the complete step-by-step process with timelines and tips.

Start Filling

Skip the Paperwork on Your Employer's Annual Federal Unemployment Tax Return

ApronPrep auto-fills 81 of 97 fields from one compliance interview.

No credit card required

Employer's Annual Federal Unemployment Tax Return by City in Washington

CityFee RangeTimeline
Seattle
Spokane
Tacoma

Timeline: Key Filing Steps & Deadlines

1

Gather Quarterly Wage and Tax Data

Compile IRS Forms 940 for the year, state unemployment (SUTA) tax reports, and a detailed payroll summary listing total wages paid and any state unemployment contributions made for all four quarters. You will need your Employer Identification Number (EIN) and the total taxable wages paid (first $7,000 per employee per year). The most common mistake is using incorrect or inconsistent wage totals between state and federal reports, which triggers an IRS notice.

2-4 hours
2

Complete Form 940

Fill out the current-year IRS Form 940. Calculate your FUTA tax liability (typically 0.6% on the first $7,000 of each employee's annual wages after applying the maximum 5.4% credit for timely state tax payments). Use the EFTPS (Electronic Federal Tax Payment System) to make any required deposit payments if your annual liability exceeds $500. Missing the state credit calculation is a top error leading to overpayment.

1-2 hours
3

File with the IRS by January 31

Submit your completed Form 940 to the IRS. E-filing through the IRS website or an authorized provider is mandatory for most businesses. You must also pay any remaining balance due via EFTPS. Filing after the January 31 deadline incurs a penalty of 5% of the unpaid tax per month, up to 25%. Keep a copy of the filing confirmation for your records.

1 day
1 more step

See the complete step-by-step process with timelines and tips.

Start Filling

Other Requirements You'll Need

This is one of 13 requirements for opening a restaurant in Washington.

FAQ

There is no standard processing timeline from the IRS for receiving or processing the completed Form 940, the Employer’s Annual Federal Unemployment Tax Return. Filing deadlines are the key metric—the return is due annually by January 31 for the prior calendar year. The primary time commitment is the preparation and submission; you must complete it whether you are filing from Tacoma or any other location. Contact the IRS or a tax professional to confirm current processing times for any correspondence.

There is no government filing fee to submit the federal Form 940 itself. This federally mandated tax return does not have a local Tacoma fee; your cost is the calculated federal unemployment tax (FUTA) liability you must pay. The FUTA tax rate is 6.0% on the first $7,000 of each employee's annual wages, but employers typically receive a credit of up to 5.4% for timely state unemployment tax payments, resulting in an effective federal rate of 0.6%. Not legal advice — verify your tax liability with the IRS or a qualified tax advisor.

No, the federal Form 940 is not a document that can be transferred. If your business moves to a new location in Tacoma or elsewhere, you must update your address directly with the IRS for all tax accounts. This is often done by filing Application for Employer Identification Number Form SS-4 or by notifying the IRS in writing. Failure to update your address can result in penalties for missing tax notices or filings.

You do not 'renew' this tax return—you must file it every year, on an annual basis. The Employer’s Annual Federal Unemployment Tax Return (Form 940) is a recurring annual filing obligation for as long as you have employees and are subject to FUTA tax. The filing deadline is January 31 for the prior calendar year. Missing this annual deadline triggers penalties and interest. This filing frequency is separate from other local renewals like an annual Annual Report Filing with the Washington Secretary of State.

There is no physical inspection for the federal Form 940 filing. The 'inspection' is an audit of your payroll records conducted by the IRS or state workforce agency to verify wage reports and tax payments. This audit can be triggered randomly or by discrepancies in your filings. You must maintain accurate payroll records for at least four years, including details on wages paid, to support your Form 940 calculations during such a review.

About This Data

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 Washington specifically, we have analyzed compliance dossiers for 3 cities (Seattle, Spokane, Tacoma), 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.

157+Cities analyzed
9,849Requirements tracked
8,415Forms analyzed
433,000Fields classified

Sources

  • Internal Revenue Code (Title 26)
How we verify data

This Form Is One of 60+ Requirements.

ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.