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In some states, the wages subject to state unemployment tax are the same as the wages subject to FUTA tax.

However, certain states exempt some types of wages from state unemployment tax, even though they are subject to FUTA tax (for example, wages paid to corporate officers, certain payments of sick pay by unions, and certain fringe benefits). In such a case, you may be required to deposit more than 0.8% FUTA tax on those wages.

See the Instructions for Form 940 for further guidance.

Technically you will be paying the 0.8% on the taxable wages required by FUTA. Complication arises because of some states not taxing certain wages ...

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Q: What are the two situations in which an employer would be liable for a net FUTA tax greater than 0.8 percent?
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