The 0.2% “temporary” FUTA surtax, which has been in effect since 1976, expired at the end of June. So far, Congress hasn’t introduced legislation to extend it.
You may calculate your third-quarter and, quite possibly, your fourth-quarter FUTA taxes using the 6% rate without the surtax. But, since these wages would be subject to a lower tax rate, they should be tracked separately from wages paid during the first half of the year. However, should the surtax be re-enacted retroactively, you could end up being underdeposited.
According to the IRS, it will have a procedure in place to abate penalties, should the surtax be re-enacted retroactively.
Caution: The surtax has expired before, and Congress has always re-enacted it, sometimes retroactively. Your best bet, therefore, may be to include the surtax in your calculations. You can always request a refund if you’ve overpaid.
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