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ROBERT L. EHRLICH, JR., Governor
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Ch. 613
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income tax withholding return the person shall complete and file with the
Comptroller an annual income tax withholding return on or before January 31 that
follows that calendar year.
(b) (1) [If] SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF a person
was required to withhold $15,000 or more for the preceding calendar year, the person
shall complete and file an income tax withholding return with the Comptroller within
3 business days following each payroll that causes the total accumulated tax withheld
to equal or exceed $700.
(2) (I) IF A PERSON IS ALLOWED TO FILE FEDERAL WITHHOLDING
TAX RETURNS ON A MONTHLY BASIS, THE PERSON MAY APPLY TO THE
COMPTROLLER FOR A WAIVER FROM THE REQUIREMENTS OF PARAGRAPH (1) OF
THIS SUBSECTION.
(II) A WAIVER PROVIDED UNDER THIS PARAGRAPH SHALL ALLOW A
PERSON TO FILE STATE WITHHOLDING TAX RETURNS ON A MONTHLY BASIS FOR THE
REMAINDER OF THE CALENDAR YEAR
(III) A PERSON MAY APPLY FOR RENEWAL OF A WAIVER PROVIDED
UNDER THIS SUBSECTION IF THE PERSON REMAINS ELIGIBLE TO FILE FEDERAL
WITHHOLDING TAX RETURNS ON A MONTHLY BASIS.
(IV) THE COMPTROLLER MAY ESTABLISH REGULATIONS TO
IMPLEMENT THE PROVISIONS OF THIS SUBSECTION.
(e) (1) A person required to file a quarterly or monthly income tax
withholding return shall continue to file returns, whether or not the person is
withholding any income tax, until the person gives the Comptroller written notice
that the person no longer has employees or no longer is liable to file the return.
(2) A person required to file returns under subsection (b) of this section
shall file a return at least once every month until the person gives the Comptroller
written notice that the person no longer has employees or no longer is liable to file the
return.
(d) Each person required to file a return under this section shall file returns
for other periods and on other dates as the Comptroller specifies by regulation,
including periods in which the person does not pay wages subject to withholding.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 2006, and shall be applicable to all calendar years beginning after December
31, 2006.
Enacted May 26, 2006.
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- 2863 -
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