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What is the Federal Unemployment Tax Act (FUTA)?

Written By:

Gino Peters

Reviewed By: Belinda E.

May 17, 2026 2:51 am

Category Tag: News

The rise of remote work made international expansion much easier in recent years, but hiring abroad still comes with legal and administrative complexity, as every country has its own labour laws and payroll rules that must be followed. In addition, not many companies can open a new entity in every new market that they are expanding into. That is when the Employer of Record (EOR) solution comes in handy. 

The EOR serves as the legal employer on paper, while the client company manages important activities related to the employees responsibilities and performance. 

In this guide we will cover what an employer of record is, how it works in detail, how much it can cost and which business should consider an EOR solution. 

What is an Employer of Record (EOR)?

An Employer of Record (EOR) is a third party service provider that legally employs a person on behalf of another company in the country where the employee officially resides. As an official employer the responsibilities of EOR include issuance of an employment contract, processing payroll and withholding taxes and necessary social security contributions, as well as preparation of offboarding documents or any documentation that need to be signed by the employer. In addition, EOR ensures the compliance with local labour laws and serves as a first point of contact for any legal disputes. 

The client company that hired the employee through an EOR also has a list of responsibilities. As an Employer of Record does not have the visibility on operational activities behind the scenes a client company needs to provide direction and ensure proper team integration. 

In simple terms, the EOR provider acts as a legal employer in the country of the employee’s residence, while the client company takes on day-to-day manager work. 

Responsibility

Employer of Record (EOR)

Client Company

Employment contracts & any other official documentation

  •  
 

Payroll processing

  •  
 

Income tax & social security contributions

  •  
 

Compliance with local labour laws

  •  
 

Statutory benefits administration

  •  
 

Managing daily work and projects

 
  •  

Setting goals and performance expectations

 
  •  

Providing equipment and tools

 
  •  

Leading the employee’s team and workflow

 
  •  

Employer of Record solutions gain more and more popularity in the field of global expansion as they allow businesses to hire best candidates fast and easy while staying compliant with local employment regulations. More information about EOR service are available if you would like to understand more.

EOR Meaning

The term “EOR” is the abbreviation for Employer of Record

Employer in this instance stands for the company that hires the employee and takes on duties related to it, such as onboarding and offboarding process, payment of wages and compliance with other legal requirements. 

“Record” from the EOR perspective refers to official registration with government authorities. The name of the EOR provider is stated in all payslips and tax filings, and should also be listed by the employee in any documents where employer must be stated, such as mortgage or loan applications. 

One might ask a question of why this legal structure exists. As it is not possible to provide an employment contract directly to a person that legally resides in another country, the business expanding abroad typically needs to establish a local entity. That involves legal registration, arrangement of local bank accounts and organisation of payroll structure, as well as compliance with local law. 

EOR allows to simplify the global hiring and reduce administrative burden through their existing legal entity. 

There are some other hiring models that can be confused with EOR. 

  • EOR and PEO 

Many sources online refer to EOR as “international PEO”, which may create confusion as these models have 1 important difference. 

A Professional Employer Organisation (PEO) serves as a co-employer of a client company. In other words, a business must already have an established entity in the country. The hiring tasks are, therefore, shared between 2 companies, while legal liability stays only with the client company. In the EOR model all legal risks are being taken by the official employer. Read more about the difference between PEO and EOR here. 

  • EOR and staffing agency 

Staffing companies mainly provide assistance for short-term projects by providing temporary workers. If the client wishes to employ a person for a longer time, EOR approach must be chosen. 

  • EOR and contractor model

Contractor agreements assume the involvement of independent workers rather than employees. This model is also often used for temporary, project-based assignments. It is important to remember that there is a big misclassification risk between a contractor and an employee in the company which can lead to potential legal issues. An EOR ensures that employment is legally compliant with local labour law. 

How does an Employer of Record work?

While it may sound complicated at first, a process behind the employer of record model is relatively straightforward. 

  1. The operating company selects a candidate 

The client company recruits the employee they want to hire in another country 

  1. The EOR becomes the legal employer & local employment contract is issued

The Employer of Record uses its local legal entity to prepare and issue an employment contract that complies with labour law of the country where the employee is based. Depending on case-by- case situation, the work visa might need to be secured beforehand. Our company provides immigration services, more details can be found here. 

  1. Payroll and taxes are managed 

The EOR takes on recurring responsibilities related to a payroll and ensures correct processing of income tax, social security contributions etc

  1. Benefits are administered

Paid leave, sick leave, pension contributions and any other statutory benefits are being managed by the EOR. 

  1. Ongoing compliance and HR support

It is the responsibility of the EOR to monitor changes in local labour law and ensure ongoing compliance. 

Example: 

Imagine a UK-based tech company found a perfect candidate in Germany for a position of a software developer. 

Instead of going through the administrative burden of opening a legal entity in Germany, the company chooses to work with an Employer of Record. The EOR hires the developer under a German employment contract and manages payroll and taxes. At the same time the UK company welcomes the new employee in the team and manages the daily work of a developer. 

What services does an Employer of Record provide?

The Employer of Record does more than just providing an employment contract to the employee. Typically a wide range of HR and compliance services is included in the EOR offer. For example, read about the services included in our EOR package here. 

  • Employment and HR administration 
  • Locally compliant employment contracts and support with other documents requested by authorities
  • Employee onboarding 
  • Employee record management. For example, control over PTO 
  • Payroll and tax management 
  • Regular payroll processing 
  • Tax withholding and reporting of social security contributions with authorities
  • Payslip generation and creation of annual wage tax certificates 
  • Benefits administration 
  • Management of statutory benefits 
  • Pension contributions (where required) 
  • Support with benefits such as maternity leave allowance, sick leave allowance etc
  • Compliance and risk management 
  • Insuring compliance with local labour law 
  • Management of onboarding and offboarding processes 
  • Representation in difficult legal and court cases 
  • Additional services:

Some EOR providers ( such as ThisWorks EOR Services) provide additional services such as: 

  • Work permit and dependent visa support 
  • Background checks 
  • Relocation support 
  • Value added services: support with housing, company car, banking, etc ( depending on the country). 

This vast list of services allows businesses to manage international teams, while staying compliant and avoiding complex local employment administration. 

Benefits of using an EOR service

There are multiple advantages the businesses can get from working with an Employer of Record provider.

  • Faster global hiring 

Setting up a new entity can take up to several months. With an EOR the hiring process can take several days. 

  • Reduced compliance risk 

A trustworthy EOR provider ensures the compliance with all local regulations. As the labour law varies greatly between countries, having a knowledgeable party to rely on can make a big difference. 

  • Lower expansion costs

Establishment of a new entity is not only a time-consuming process, but also costly. With EOR services these costs can be avoided. 

  • Access to global talent

The location of a remote candidate is not a problem if the company uses Employer of Record services. In other words, the best candidate for specific business purposes can be chosen. 

  • Scalable hiring model

EOR services are ideal for organisations that want to scale international hiring quickly. They are particularly useful in the following situations: 

  • Remote-first teams and organisations 
  • Companies testing new markets abroad 
  • Startups expanding internationally

How to choose the right Employer of Record

Choosing  between several EOR providers is important, as it influences not only compliance, but also employee experience for new hires and how your company is perceived on the job market. 

Here are some important things to keep in mind when deciding on your EOR partner:

  • Geographic coverage 

Make sure that EOR provider can cover the country where you want to expand globally. Read about our EOR coverage here.

  • Pricing transparency

Check that EOR provider does not have any hidden costs and the pricing is clearly outlined in your MSA. 

  • Compliance expertise 

A strong EOR provider should have a team of experienced local HR specialists who understands all in and outs of a national labour law. 

  • In-house vs partner model 

Some EOR providers rely on their third-party partners, while others manage employment directly through their own local entities. 

  • Customer support

It is important to find a EOR partner that helps with any questions or concerns in a quick and professional manner. That can be crucial when dealing with employee offboarding or any legal disputes.

Warning signs

Understanding the importance of choosing a right party, your company should be cautious of providers that lack local expertise and cannot give clear answers to your labour law questions. In addition, companies with slow response times can  prove to be unreliable in critical situations. Furthermore, providers with complex pricing models with many hidden fees can create a lack of cost transparency and result in unforeseen expenses. 

By selecting a provider with strong expertise in local labour law and reliable support from dedicated teams, your company can ensure a smooth international growth. Learn why companies choose ThisWorks as their EOR partner. 

How much does an employer of record cost

The vast coverage of services the employer of record provides makes many businesses ask how much an EOR costs. 

Pricing models vary greatly on the provider and the country of coverage, but most EORs use one or more of the following structures. 

  1. Flat monthly fee per employee. 

The EOR provider charges a fixed monthly fee for each employee they have on the payroll from the client. 

  1. Percentage of salary

While not being a popular approach, some EOR providers charge a percentage of the employee’s salary, typically ranging between 5%-15%. 

  1. Setup fees

Some providers charge onboarding or offboarding fee for each employee. 

The fee that the business needs to pay to an EOR provider also depend on the location of a service. Local labour law complexity of some countries can influence the fee. In addition, some countries have specific statutory benefits and payroll administration requirements. Furthermore, employee headcount in the specific location can influence the fee. 

EOR vs setting up a legal entity

To establish a new entity the organisations needs to go through legal and tax registration. In addition, accounting support and ongoing compliance costs such as the fees for local labour lawyers can make setting up a legal entity significantly more expensive. 

An EOR allows companies to expand globally without these upfront investments.

EOR vs hiring contractors

Some businesses decide to hire international workers as contractors. However, this approach can often lead to a misclassification risk, which can cause legal and tax liabilities. 

A professional EOR provider ensures that the new starters are compliantly onboarded under local employment regulations. 

 EOR FAQs

  • Is an EOR the same as a PEO?

No.  PEO model assumes co-employment and requires the business to already have established local entity, while EOR employs new talents through its own entity only. 

  • Can an EOR hire contractors?

While some EOR providers can support hiring contractors, it is important to remember that main function of EOR is the employment of full-time workers legally in a country. A risk of misclassification between EOR and contractor should be also considered carefully. 

  • Is an employer of record legal?

Yes, when established and structured properly, Employer of Record entities are legal and widely used for international expansion by many companies. 

  • When should you use an EOR?

The most common reason for using EOR include: 

  • Hiring employees located in another countries remotely
  • Testing new markets before establishing an entity 
  • Expanding internationally
  • Can you switch from EOR to your own entity?

Yes. Many companies initially hire through an EOR for the ease and speed of expansion and later transition employees to own legal entities upon their establishment. It is important to remember that some countries require specific procedure to be followed in such a scenario.

Get in touch with ThisWorks

Expanding your team globally does not need to be long and administratively complex. 

With the use of Employer of Record the businesses can have access to the best talent from around the world while ensuring full compliance with local labour laws. 

ThisWorks can support your global expansion with our compliant Employer of Record services. 

Contact our team to find our how we can help your international team glow fast and compliantly!

Federal Unemployment Tax Act (FUTA):

Employer’s Guide 2024

The Federal Unemployment Tax Act (FUTA) is a U.S. law requiring employers to pay taxes that fund unemployment benefits for workers who lose their jobs. Based on the Internal Revenue Service (IRS), this tax is levied on employers and is not recoverable from employee wages. The money received through FUTA is used to finance state unemployment insurance programs and aims to provide the necessary funding for people who have lost their jobs temporarily.

For 2024, the FUTA tax rate is 6% of the first $7000 of wages paid to each employee or the FUTA wage base. According to the IRS, Employers who also remit state unemployment tax (SUTA) promptly may be eligible for a FUTA tax credit of up to 5.4%, making the federal tax rate as low as 0.6%. This comparison between FUTA and SUTA makes it easier to unravel how these taxes co-exist and affect each other.

Employers must note that not all are bound to pay the FUTA taxes. For example, it does not apply to non-profit organizations with 501(c)(3) status and those working for themselves. However, the requirement applies to most businesses that incur wages of over $1,500 in a calendar quarter or have one or more employees working at least 20 or more weeks in a year.

What is the Federal Unemployment Tax Act (FUTA)?

The Federal Unemployment Tax Act (FUTA) is a U.S. law requiring employers to pay a tax that funds unemployment compensation programs. The primary purpose of the Federal Unemployment Tax Act is to provide financial assistance to workers who lose their jobs through no fault of their own. The funds are to help State unemployment programs. Thus, there is protection for workers who become unemployed.

This is in addition to SUTA, the state unemployment tax, which is similar to FUTA but has specific variations. SUTA is a state fund, whereas FUTA is an IRS tax that is due annually. Employers can receive a tax credit of up to 5.4% of timely SUTA payments, meaning they can decrease their federal taxes. This relationship demonstrates how FUTA collaborates with payroll taxes in the administration of unemployment.

FUTA works for all employers who pay their employees $500 or more per quarter, but there are exemptions. For example, organizations classified under 501(c)(3) as nonprofit organizations and small employers with limited payroll services do not pay FUTA. The rules on which employers must pay FUTA taxes vary depending on wages paid and the number of employees.

How does FUTA work with payroll taxes?

The Federal Unemployment Tax Act (FUTA) works alongside State Unemployment Taxes (SUTA) to fund unemployment benefits. FUTA is a federal tax administered by the IRS, while SUTA is a state-administered tax levied on employers. Employers who pay SUTA on time can get a tax credit of 5.4%, bringing the FUTA tax rate from 6% down to 0.6%. Unlike FUTA, several states have provisions for extra unemployment tax contributions from the employees. This federal-state relationship makes sure that the unemployment programs are adequately funded. The FUTA credit helps promote the early payment of SUTA. It helps reduce the overall costs to employers and helps ensure compliance with federal and state unemployment taxes.

How much is the FUTA tax for 2025?

The 2025 FUTA tax rate is 6%, applied to the first $7,000 of each employee’s annual wages, known as the FUTA wage base. Employers can reduce this rate to 0.6% by claiming a 5.4% credit if they pay their state unemployment taxes (SUTA) on time. You can find more about that here.

Step to know how much the FUTA tax is for 2025:

  1. Identify total wages paid to employees.
  2. Cap wages at $7,000 per employee.
  3. Multiply the total wage base by 6% (or 0.6% with the credit).

Example:

If an employer has 10 employees, each earning at least $7,000:

Then how much is the FUTA tax for 2024?

  • Wage base = $7,000 × 10 = $70,000
  • FUTA tax without credit = $70,000 × 6% = $4,200
  • With SUTA credit = $70,000 × 0.6% = $420

This ensures FUTA compliance while optimizing employer costs.

How to calculate FUTA tax liability and how to reduce it?

Employers should ensure timely payments for SUTA to reduce the FUTA tax implications. The federal tax rate is 6%, but if employers make sure they pay all SUTA and make timely payments, they can take a credit of 5.4%, which brings the FUTA tax rate to 0.6%. This reduces employee costs from $420 to $42 for wages not exceeding $7,000 per employee per year.

This can be achieved by effectively managing the workforce, further enhancing costs. Payroll and the use of employees’ hours should be well monitored so that the wages to be paid reflect efficiency and price within the budget. For seasonal or temporary employees, do not exceed the $7,000 FUTA wage for the payroll to prevent extra tax costs. Moreover, consider bidding on non-integral activities through independent contractors since payments on contractors do not attract FUTA.

FUTA costs and requirements can be compliantly and cost-effectively controlled with strategic payroll practices in place.

Common FUTA compliance mistakes to avoid

Employers should ensure timely payments for SUTA to reduce the FUTA tax implications. The federal tax rate is 6%, but if employers make sure they pay all SUTA and make timely payments, they can take a credit of 5.4%, which brings the FUTA tax rate to 0.6%. This reduces employee costs from $420 to $42 for wages not exceeding $7,000 per employee per year.

Other ways that can also enhance the efficiency of cost include effective management of the workforce. Employers should monitor employees’ working hours and payments to ensure they pay their employees appropriately. For seasonal or temporary employees, do not exceed the $7,000 FUTA wage for the payroll to prevent extra tax costs. Also, consider performing non-strategic activities using independent contractors because payments to these contractors are not taxed under FUTA.

FUTA costs and requirements can be compliantly and cost-effectively controlled with strategic payroll practices in place.

FUTA vs. other payroll taxes

The Federal Unemployment Tax Act (FUTA), the State Unemployment Tax Act (SUTA), and Federal Insurance Contributions Act (FICA) serve distinct purposes and have different rules.

FUTA finances unemployment, which is contributed only by employers. It works at the federal level with a rate of 6% on the initial $7,000 of each employee’s salary. This rate can be lowered to 0.6% by getting a 5.4% credit for timely state tax payments.

On the other hand, SUTA is administered at a state level to finance unemployment compensation. Certain states also allow employers to be taxed alongside employees to fund the program. SUTA rates, and more importantly, wage bases, are not universal, making the control of unemployment benefits more localized.

FICA funds social security and medicare, which are contributed by employers and employees. Both employers and employees pay equal contributions expressed in percentage form with no ceiling on the gross wages for medicare.

The critical difference lies in their purposes: FUTA and SUTA contribute towards unemployment compensation while FICA contributes for its employees’ retirement and health care. Furthermore, FUTA is a federally controlled act; SUTA and FICA are partly supported by state or individual contributions and have different management.

Final thoughts

Compliance with the Federal Unemployment Tax Act (FUTA) is crucial for employers to support unemployment programs and avoid penalties. FUTA mandates that employers pay a tax on the wages paid to the employees up to $7,000 a year and allows the reduction of the 6% tax rate to 0.6% on fulfilling the SUTA. Payroll management, correct calculation of wages, and filling the form 940 on time are crucial to keep up with compliance.

This information is essential for employers as it allows them to differentiate between FUTA, SUTA, and other payroll taxes, including FICA. Although FUTA is paid only by employers, its integration with state taxes helps organize proper unemployment compensation financing.

Employers can seek the services of a tax advisor for advice on the specific regulations and how to optimize the tax credits. Engaging an expert is always cheaper than facing similar issues in the future.

FAQ

What is the Federal Unemployment Tax Act (FUTA)?

The Federal Unemployment Tax Act (FUTA) is a U.S. federal law that taxes employers to fund unemployment compensation programs. This tax offers financial assistance to qualified workers who become unemployed through the employer, for instance, a layoff. FUTA supplements state unemployment programs and guarantees these benefits exist across the United States. FUTA is unique in that it is not an employer-and-employee tax split but is solely funded by the employer with no contribution from the employee’s paycheck.

How does FUTA affect employers?

Federal Unemployment Tax Act or FUTA mandates the employer to deposit a tax on the first $7000 of each employee’s wages annually. The tax aids unemployment programs and, therefore, becomes the mandate of most firms. FUTA penalties include fines for late payments and other filing violations that can be imposed on any employer not complying with FUTA rules. Nevertheless, payment of state unemployment taxes, also called SUTA, before the due date can lower the FUTA. Employers must also submit Form 940 to report annually on the FUTA in use. Employers also remain compliant to assist in maintaining unemployment benefits as a resource while ensuring that the costs remain controlled.

Who is exempt from paying FUTA taxes?

Certain employers are exempt from paying FUTA taxes, including:

  • Any charitable organizations registered under section 501(c)(3) of the Internal Revenue Service.
  • State and local government agencies.
  • Any household employer who pays employees less than $1,000 in wages in a calendar quarter.
  • Employers who hire independent contractors or those who are self-employed since payments made to them are exempted from FUTA.
  • These exemptions ensure that FUTA targets big organizations and those that fund unemployment schemes.

What is the current FUTA tax rate?

FUTA tax for 2024 remains at 6% levied on the initial $7000 of the employee wages which is FUTA wage base. Any employer that pays SUTA taxes on time can be allowed a credit of 5.4% and, therefore, FUTA be at the rate of 0.6%. This translates to an employer contributing a maximum of $42 per employee per annum if he meets the credit requirements.

How do employers file for FUTA taxes?

Employers complete and submit FUTA taxes on Form 940 or the Employer’s Annual Federal Unemployment Tax Return. This form is filed once every fiscal year no later than January 31 of the following year. However, FUTA taxes have to be paid to the employer if their amount is over $500 for the year, which has to be done on a quarterly basis. In case of quarterly deposits, payments are normally made on the last day of the month after the end of the particular quarter. FUTA payments must be remitted through the EFTPS to help in remitting to the IRS, in compliance with its set rules.

Is FUTA different from state unemployment taxes?

Yes, FUTA is a federal tax administered by the IRS, while SUTA’s are state taxes set and administered by states. FUTA pays administrative expenses as well as aids state unemployment programs, and SUTA solely funds unemployment payment in some states. Contrary to FUTA, some states allow employees to contribute to SUTA. Employers who pay SUTA on time are allowed to recover 5.4% of the FUTA tax, resulting in low federal tax levies payable by the employer.

 

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ThisWorks supports companies expanding internationally.

As an Employer of Record (EOR), we enable you to hire employees in the UK, Netherlands, Germany, Poland, and Spain  without setting up a local entity. We handle payroll, contracts, and compliance, so you can focus on growth.

Global expansion made simple.

✔ Hire internationally without foreign entities
✔ Stay fully compliant
✔ Save time and resources

Expand faster with ThisWorks.

Table of Contents

Sign up for our latest news & articles. We won’t give you spam mails.

[mc4wp_form id="1237"]

ThisWorks supports companies expanding internationally.

As an Employer of Record (EOR), we enable you to hire employees in the UK, Netherlands, Germany, Poland, and Spain  without setting up a local entity. We handle payroll, contracts, and compliance, so you can focus on growth.

Global expansion made simple.

✔ Hire internationally without foreign entities
✔ Stay fully compliant
✔ Save time and resources

Expand faster with ThisWorks.