Payroll

Form 940 vs Form 941: Employer Payroll Tax Filing Differences

Form 940 or Form 941? The difference between the annual FUTA return and the quarterly payroll return, who pays what, and how both fit your payroll calendar.

Dushyant Hirwani
October 11, 2026 · 7 min read
The short answer

Form 941 is the quarterly return reporting income tax withheld and Social Security and Medicare taxes. Form 940 is the annual return for federal unemployment (FUTA) tax, which only employers pay. Most employers file both, along with state payroll and unemployment returns. They cover different taxes, different periods, and different deposit rules.

On this page
  1. At a glance
  2. Form 941 in brief
  3. Form 940 in brief
  4. Dates and deposits
  5. The rest of the payroll calendar
  6. Common mix-ups
  7. State obligations differ

New employers often assume one federal payroll return covers everything. It does not. Two forms with similar numbers cover two entirely different sets of taxes, and missing either one draws penalties. This guide puts them side by side.

At a glance

  • Form 941: Employer's Quarterly Federal Tax Return. Reports federal income tax withheld, plus employer and employee Social Security and Medicare taxes.
  • Form 940: Employer's Annual Federal Unemployment (FUTA) Tax Return. Reports federal unemployment tax.
  • Frequency: Form 941 every quarter, Form 940 once a year.
  • Who pays: Form 941 taxes are shared by employer and employee. The IRS says only employers pay FUTA tax, and employers must not collect or deduct FUTA tax from employees' wages.

Form 941 in brief

The IRS says employers report on Form 941 the federal income tax, Social Security, and Medicare taxes withheld from employees' paychecks, plus the employer's share of Social Security and Medicare taxes. It reconciles the quarter's liability to deposits made. See Form 941 filing help.

Form 940 in brief

FUTA funds the federal side of unemployment benefits, working alongside state unemployment systems. Most employers pay both federal and state unemployment taxes. The federal tax is generally figured on the first $7,000 of each employee's wages, at a nominal rate of 6.0%, which is reduced by a credit of up to 5.4% when you pay state unemployment tax on time, so the effective federal rate is often 0.6% in those cases. In states with a credit reduction, the IRS says Schedule A of Form 940 is used to calculate the FUTA tax. Confirm current rules and any credit reduction states for the year in the instructions.

Dates and deposits

  • Form 941 is generally due the last day of the month after each calendar quarter ends, with deposits made earlier under your monthly or semiweekly schedule.
  • Form 940 is generally due January 31 after the tax year ends. FUTA is deposited quarterly when the accumulated liability passes a threshold, so most small employers deposit once or a few times a year. Verify the threshold and dates in the current instructions.
  • Corrections: Form 941-X for the quarterly return. Form 940 corrections are made by filing a corrected annual return.

The rest of the payroll calendar

  1. 1Each payday: withhold taxes, pay employees, and record the liability.
  2. 2Each deposit date: send the required taxes through EFTPS or your provider.
  3. 3Quarterly: file Form 941 and state payroll returns.
  4. 4Annually by January 31: file Form 940, provide Forms W-2 to employees, and file W-2 and W-3 with the Social Security Administration.
  5. 5Throughout: file state unemployment returns on your state's schedule.

Common mix-ups

  • Thinking a payroll provider's deposits cover both forms automatically. Confirm that the provider files both.
  • Withholding FUTA from employees. It is an employer-only tax.
  • Missing the state unemployment filing, which can cost you the FUTA credit.
  • Not filing Form 940 because wages were low. Having employees generally triggers the requirement.

State obligations differ

State unemployment taxes, state withholding, and local taxes are separate registrations and filings. Rates and wage bases differ by state. For multi-state employers, see multi-state payroll taxes.

For penalties on late filings, see payroll tax penalties. Our payroll service files both forms and tracks the state side. To talk about your payroll requirements, tell us where your employees work and how many you have.

#form 940 vs 941#futa#form 941#unemployment tax#payroll calendar
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What is the difference between Form 940 and Form 941?
Form 941 is the quarterly return for withheld income tax and Social Security and Medicare taxes. Form 940 is the annual return for federal unemployment (FUTA) tax, which only employers pay.
Do I need to file both forms?
Most employers do. Form 941 covers withholding and FICA, and Form 940 covers FUTA. Employers with very small payrolls may be placed on an annual alternative to Form 941, but still generally file Form 940.
Do employees pay FUTA tax?
No. The IRS says only employers pay FUTA tax, and employers must not collect or deduct it from employees' wages.
Why does my FUTA rate look lower than 6%?
Employers who pay state unemployment tax on time can generally claim a credit of up to 5.4%, which lowers the effective federal rate. States with a credit reduction change the calculation.
When is Form 940 due?
Generally January 31 following the tax year, though deposits may be due earlier if your liability passes the threshold. Confirm current dates in the IRS instructions.
Does my payroll provider file both forms?
Many do, but confirm in writing. You remain responsible for filing and deposits being made.