Quick reference by record type
Use the longest period below that applies to each record.
IRS employment tax records, including Forms 941 and 940 and deposit confirmations: at least 4 years under Publication 15 (2026), from the later of the due date or the payment date.
Forms W-3 and W-2 Copy A: at least 4 years, under the IRS instructions for Forms W-2 and W-3.
Forms W-4, W-4P, W-4R, W-4S and W-4V: listed in Publication 15 (2026) among the records the employer keeps, so the 4-year rule applies.
Sick and family leave wage records and COVID-19 employee retention credit wage records: 6 years and 7 years, under Publication 15 (2026).
FLSA payroll records: at least 3 years from the last date of entry, under 29 CFR 516.5. Timecards and wage rate tables: 2 years, per DOL.
EEOC personnel records: 1 year, under 29 CFR 1602.14. ADEA payroll records: 3 years, under 29 CFR 1627.3.
Form I-9: the later of 3 years after hire or 1 year after termination, per USCIS.
IRS employment tax records and the Form 941 dates
Publication 15 (2026) says to keep all records of employment taxes for at least 4 years, including EFTPS deposit acknowledgment numbers and filed returns with their confirmation numbers.
If no return was filed, or a fraudulent return was filed, the IRS says to keep the records indefinitely.
The 2026 Form 941 instructions, revised 03/2026, set the quarterly due dates: April 30, July 31, October 31 and January 31. Record both the due date and the payment date on the file index, because the clock starts at the later one.
Worked example: the first-quarter 2026 Form 941 was due April 30, 2026. If the balance was paid in May 2026, the deposit record and return are kept until at least May 2030.
Worked example for the fourth quarter: the Form 941 for the fourth quarter of 2026 is due January 31, 2027. That date is a Sunday, so under 26 U.S.C. 7503 the return is timely on February 1, 2027, and the file is kept at least four years after the later date.
FUTA and Form 940 records
FUTA deposit records and the filed Form 940 are employment tax records, so the 4-year rule in Publication 15 (2026) applies.
The Form 940 instructions for 2025 give February 2, 2026 as the due date, because January 31, 2026 was a Saturday. Early filing by February 10, 2026 applies if all FUTA tax was deposited on time. If the 2025 return is still unfiled, file it now and review penalty and interest exposure with the client.
The irs.gov Form 940 instructions I could read cover 2025 only, so the 2026 due date is not confirmed here. The pattern puts it on January 31, 2027, a Sunday, which 26 U.S.C. 7503 moves to February 1, 2027. Confirm that in the 2026 instructions before you calendar it.
Forms W-2 and W-3: keep the copies four years
Keep Form W-3 and each Form W-2 Copy A (For SSA) for at least 4 years. For tax year 2026, Copies B, C and 2 go to employees and Forms W-2 and W-3 go to the SSA by February 1, 2027.
The instructions give a period but no start date. For tax year 2026 forms, start the count on February 1, 2027, the furnishing and filing date, and note that choice on the file index.
Decision rule: keep each Form W-2 returned as undeliverable with its address correction record.
Form W-4 and withholding certificates
Publication 15 (2026) lists Forms W-4, W-4P, W-4R, W-4S and W-4V among the records the employer keeps. It gives no separate clock, so they fall under the 4-year employment tax rule.
Decision rule: keep each employee's current Form W-4, and keep superseded forms for 4 years from the last quarter in which they were used to withhold tax. That is a practical reading, not a separate IRS period.
Credit and leave records that keep longer
Publication 15 (2026) sets 6 years for sick and family leave wage records for leave taken after March 31, 2021 and before October 1, 2021, and 7 years for COVID-19 employee retention credit wages paid after June 30, 2021. It gives no start date, so count from the latest date in the file.
Worked example: retention credit wages paid in fall 2021 must be kept at least 7 years from the latest date in the file, so the file cannot be destroyed before late 2028.
FLSA payroll records and the overlap with the IRS clock
The FLSA requires each employer to preserve payroll records for at least 3 years under 29 CFR 516.5, running from the last date of entry. DOL says wage computation records, such as timecards and wage rate tables, should be kept for 2 years.
For each non-exempt employee, the payroll record must show: full name and Social Security number; address with ZIP code; birth date if under 19; sex and occupation; the day and time the workweek begins; hours each day and total hours each workweek; basis of pay and regular hourly rate; straight-time and overtime earnings; additions to and deductions from wages; total wages each pay period; and the payment date and pay period covered.
The FLSA 3-year rule and the IRS 4-year rule both cover the same payroll register, since it feeds Forms 941 and W-2. Keep the register at least 4 years, which satisfies both, and keep timecards with it rather than in a separate 2-year folder.
EEOC and ADEA personnel records
Under 29 CFR 1602.14, covered records are kept one year from the date the record was made or the personnel action, whichever is later. For a terminated employee, personnel records are kept one year from the termination date.
When a discrimination charge is filed or an action is brought, the rule requires keeping all relevant personnel records until final disposition, even past the one-year date.
29 CFR 1627.3 separately requires 3 years for payroll or other records for each employee under the ADEA. The sources do not say one rule overrides the other, so where both cover a record, keep it for the longer period.
Decision rule: when an employee leaves, move the personnel file to the one-year clock and keep the payroll file on its 3-year and 4-year clocks.
Form I-9: hire date, termination date and storage
USCIS says to retain Form I-9 for three years after the date of hire or one year after termination, whichever is later. The USCIS retention page points to Line C of its calculator for the exact date.
Worked example: an employee hired in 2021 and terminated in 2025 has a three-year date in 2024 and a one-year date in 2026. The later one controls, so the form is kept until one year after the 2025 termination date, in 2026.
USCIS says forms must be presented within 3 business days of a government request, whether they are stored on paper, microfilm, microfiche or electronically.
What to collect from the client
Collect by employee and by year: Forms W-4 and I-9; payroll registers and time records for each pay period; pay rate changes; copies of Forms W-2 and W-3 and any returned W-2 notices; each filed Form 941 and Form 940 with its EFTPS acknowledgment numbers; and hire and termination dates.
Ask for the I-9s and termination dates in the first batch, because the Form I-9 clock and the EEOC one-year clock both depend on them. Send the request in writing: "Please send the Form W-4 and Form I-9 for everyone who worked for you in 2026, with the hire and termination dates for anyone who has left." Add the time records to the same message.
Failure modes and the fix for each
Failure: the 2025 Form 940 is still unfiled, so the file is scheduled for destruction on the normal date. Fix: flag the file as open, since the IRS says to keep records indefinitely when no return was filed.
Failure: a late Form 941 balance is treated as on time, so the deposit record is destroyed early. Fix: measure from the later of the due date and the payment date.
Failure: an I-9 is destroyed on a fixed 3-year cycle from hire, even though the employee left. Fix: store the termination date with the form and use the later of the two dates.
Scope and state records
This page covers US federal rules only. If the client has employees in a second state, add that state's withholding and unemployment record rules beside the Form 941 row and keep the longer period.