Title 26 — Internal Revenue CodeRelease 119-73
§6157 Payment of Federal unemployment tax on quarterly or other time period basis
Title 26 › Subtitle Subtitle F— - Procedure and Administration › Chapter CHAPTER 62— - TIME AND PLACE FOR PAYING TAX › Subchapter Subchapter A— - Place and Due Date for Payment of Tax › § 6157
Summary
Employers must compute federal unemployment tax on wages each quarter. If you were an employer for the same services in the prior calendar year, compute the tax for each of the first three calendar quarters. If you were not an employer in the prior year, compute the tax from the start of the year through the last day of the quarter before you became an employer; if that covers only the first two quarters, also compute the third quarter. Multiply wages by 0.6 percent, but use 0.8 percent when the prior-year rule applies. Do not pay for a quarter if that quarter’s tax plus unpaid earlier amounts is $100 or less. "Employer" — who counts as an employer; "wages" — pay that counts for the tax.
Full Legal Text
Title 26, §6157
Internal Revenue Code — Source: USLM XML via OLRC
(a)Every person who for the calendar year is an employer (as defined in section 3306(a)) shall—
(1)if the person is such an employer for the preceding calendar year (determined by only taking into account wages paid and employment during such preceding calendar year), compute the tax imposed by section 3301 for each of the first 3 calendar quarters in the calendar year on wages paid for services with respect to which the person is such an employer for such preceding calendar year (as so determined), and
(2)if the person is not such an employer for the preceding calendar year with respect to any services (as so determined), compute the tax imposed by section 3301 on wages paid for services with respect to which the person is not such an employer for the preceding calendar year (as so determined)—
(A)for the period beginning with the first day of the calendar year and ending with the last day of the calendar quarter (excluding the last calendar quarter) in which such person becomes such an employer with respect to such services, and
(B)for the third calendar quarter of such year, if the period specified in subparagraph (A) includes only the first two calendar quarters of the calendar year.
(b)The tax for any calendar quarter or other period referred to in paragraph (1) or (2) of subsection (a) shall be computed by multiplying the amount of wages (as defined in section 3306(b)) paid in such calendar quarter or other period by 0.6 percent. In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.8 percent in lieu of 0.6 percent.
(c)Nothing in this section shall require the payment of tax with respect to any calendar quarter or other period if the tax under section 3301 for such period, plus any unpaid amounts for prior periods in the calendar year, does not exceed $100.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Prior Provisions
A prior section 6157, act Aug. 16, 1954, ch. 736, 68A Stat. 761, § 6156; renumbered § 6157, June 29, 1961, Pub. L. 87–61, title II, § 203(c)(1), 75 Stat. 125, made a cross reference provision for payment of taxes under provisions of the Tariff Act, prior to repeal by Pub. L. 91–53, § 2(a), Aug. 7, 1969, 83 Stat. 91.
Amendments
1989—Subsec. (a). Pub. L. 101–239 substituted “subsection (c)” for “subsections (c) and (d)” in last sentence. 1988—Subsec. (d). Pub. L. 100–647 struck out subsec. (d) which related to quarterly payment of railroad unemployment repayment tax. 1983—Subsec. (d). Pub. L. 98–76 added subsec. (d). 1982—Subsec. (b). Pub. L. 97–248, § 271(c)(3)(C), substituted “0.6” for “0.5” in two places. Pub. L. 97–248, § 271(b)(2)(C), substituted “0.8” for “0.7”. 1976—Subsec. (a). Pub. L. 94–566, § 114(b), amended subsec. (a) generally, changing the general rule covering payment of Federal unemployment tax on a quarterly or other time period basis to conform to the altered definitions of employment and wages pertaining to domestic and agricultural service in section 3306 of this title. Pub. L. 94–455, § 1906(a)(11)(B), (b)(13)(A), substituted “subsection (c)” for “subsections (c) and (d)” and struck out “or his delegate” after “Secretary”. Subsec. (b). Pub. L. 94–566, § 211(e)(3) [(c)(3)], substituted “In the case of wages paid in any calendar quarter or other period during a calendar year to which paragraph (1) of section 3301 applies, the amount of such wages shall be multiplied by 0.7 percent in lieu of 0.5 percent” for “In the case of wages paid in any calendar quarter or other period during 1973, the amount of such wages shall be multiplied by 0.58 percent in lieu of 0.5 percent”. Subsecs. (c), (d). Pub. L. 94–455, § 1906(a)(11)(A), redesignated subsec. (d) as (c). Former subsec. (c), which related to the percentage reduction for 1970 and 1971 of the tax computed in subsec. (b), was struck out. 1972—Subsec. (b). Pub. L. 92–329 inserted provisions setting forth the computation of tax in the case of wages paid in any calendar quarter or other period during 1973. 1970—Subsec. (a)(1). Pub. L. 91–373, § 101(b)(1), reduced from 4 to 1 the number of individuals which a person had to employ on each of some 20 days during the preceding calendar year and inserted provision covering persons who, during any calendar quarter in the preceding calendar year, paid wages of $1,500 or more. Subsec. (b). Pub. L. 91–373, § 101(b)(2), substituted “0.5 percent” for “the number of percentage points (including fractional points) by which the rate of tax specified in section 3301 exceeds .7 percent”. be the date on which payment would have been required if such remainder had been the tax.
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–647 applicable to remuneration paid after Dec. 31, 1988, see section 7106(d) of Pub. L. 100–647, set out as a note under section 3321 of this title.
Effective Date
of 1983 AmendmentAmendment by Pub. L. 98–76 applicable to remuneration paid after June 30, 1986, see section 231(d) of Pub. L. 98–76, set out as an
Effective Date
note under section 3321 of this title.
Effective Date
of 1982 AmendmentAmendment by section 271(b)(2)(C) of Pub. L. 97–248 applicable to remuneration paid after Dec. 31, 1982, see section 271(d)(1) of Pub. L. 97–248, as amended, set out as a note under section 3301 of this title. Amendment by section 271(c)(3)(C) of Pub. L. 97–248 applicable to remuneration paid after Dec. 31, 1984, see section 271(d)(2) of Pub. L. 97–248, as amended, set out as a note under section 3301 of this title.
Effective Date
of 1976 AmendmentAmendment by section 114(b) of Pub. L. 94–566 effective with respect to remuneration paid after Dec. 31, 1977, for services performed after that date, see section 114(c) of Pub. L. 94–566 set out as a note under section 3306 of this title. Amendment by section 211(e)(3) of Pub. L. 94–566 effective Oct. 20, 1976, see section 211(d)(3) of Pub. L. 94–566, set out as a note under section 1101 of Title 42, The Public Health and Welfare.
Effective Date
of 1970 AmendmentAmendment by section 101(b)(1) of Pub. L. 91–373 applicable with respect to calendar years beginning after Dec. 31, 1971, see section 101(c)(1) of Pub. L. 91–373, set out as a note under section 3306 of this title. Pub. L. 91–373, title I, § 101(c)(2), Aug. 10, 1970, 84 Stat. 696, provided that: “The amendment made by subsection (b)(2) [amending this section] shall apply with respect to calendar years beginning after December 31, 1969.”
Effective Date
Pub. L. 91–53, § 4(a), Aug. 7, 1969, 83 Stat. 93, provided that: “The
Amendments
made by the first two sections of this Act [enacting section 6317 and amending this section and section 3306, 6201, 6513, and 6601 of this title] shall apply with respect to calendar years beginning after
December 31, 1969.” Extension of Time for Payment of Additional FUTA Taxes Pub. L. 102–244, § 4, Feb. 7, 1992, 106 Stat. 4, provided that: “(a) In General.—Notwithstanding any other provision of law, if a qualified taxpayer is required to pay additional taxes for taxable years beginning in 1991 with respect to any employment in any State by reason of such State being declared a credit reduction State, such taxpayer may elect to defer the filing and payment of such additional taxes to a date no later than
June 30, 1992. “(b) Interest.—Notwithstanding subsection (a), for purposes of section 6601(a) of the Internal Revenue Code of 1986, the last date prescribed for payment of any additional taxes for which an election is made under subsection (a) shall be
January 31, 1992. “(c) Definitions.—For purposes of this section—“(1) Qualified taxpayer.—The term ‘qualified taxpayer’ means a taxpayer—“(A) in a State which has been declared a credit reduction State for taxable years beginning in 1991, and “(B) who did not receive notice of such credit reduction before
December 1, 1991 from either the State unemployment compensation agency or the Internal Revenue Service. “(2) Credit reduction state.—The term ‘credit reduction State’ means a State with respect to which the Internal Revenue Service has determined that a reduction in credits is applicable for taxable years beginning in 1991 pursuant to the provisions of section 3302 of the Internal Revenue Code of 1986. “(d) Time and Manner for Making Election.—An election under this section shall be made at such time and in such manner as the Secretary of the Treasury shall prescribe.” Wages Paid in 1970 Calendar Quarters Ending Before
August 10, 1970 Pub. L. 91–373, title III, § 301(b), Aug. 10, 1970, 84 Stat. 713, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: “For purposes of section 6157 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (relating to payment of Federal unemployment tax on quarterly or other time period basis), in computing tax as required by subsections (a)(1) and (2) of such section, the percentage contained in subsection (b) of such section applicable with respect to wages paid in any calendar quarter in 1970 ending before the date of the enactment of this Act [Aug. 10, 1970] shall be treated as being 0.4 percent.”
Reference
Citations & Metadata
Citation
26 U.S.C. § 6157
Title 26 — Internal Revenue Code
Last Updated
Apr 6, 2026
Release point: 119-73