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Maine Revenue Services Provides COVID-19 Tax Relief for Teleworkers

Dated Oct. 20, 2020

Citations: Vol. 30, Issue 19

SUMMARY BY TAX ANALYSTS

In a second October newsletter, Maine Revenue Services announced tax relief for teleworkers during COVID-19, including the continuation of calculating income tax as though Maine residents were still working outside of the state; the abatement of an estimated income tax penalty imposed on a Maine resident now working in Maine because of another state's COVID-19 state of emergency; and the introduction of legislation in January 2021 that would prevent the double taxation of teleworkers by crediting income taxes paid to another state if an employee is no longer working there because of the pandemic.

The newsletter also clarifies that the presence of employees in the state will not trigger sales tax or corporate income tax nexus; provides an update on the educational opportunity tax credit; and includes a reminder that the agency automatically extended the filing deadline for corporate income tax and franchise tax returns from October 15, 2020, to November 16, 2020, in light of COVID-19.

Maine Revenue Services Announces Tax Relief Updates for COVID-19 Emergency Period

October 2020

Tax Relief for Telework During the COVID-19 Emergency Period

In response to the COVID-19 pandemic, Maine and other states declared states of emergency and issued temporary social-distancing measures, work-from-home requirements and policies, and other travel and work-place restrictions. Consequently, during the COVID-19 pandemic period, some employees who had been previously working physically present at a site in another state commenced working instead remotely from Maine — also known as telework. This change of location of employee activity has several potential tax ramifications.

To minimize disruption and uncertainty regarding these tax impacts for certain employers and employees during the COVID-19 pandemic, MRS announces the following tax relief updates:

  • Employer Income Tax Withholding — New Telework in Maine by Maine Residents

    Maine income tax withholding for wages paid in 2020 to a Maine resident suddenly working in Maine due to a state's COVID-19 state of emergency, will continue to be calculated as if the Maine resident were still working outside the State. See MRS Rule 803, Section.04(B), available at: www.maine.gov/revenue/publications/rules.

  • Individual Income Tax –Estimated Income Tax Payments

    For tax years beginning in 2020, if an estimated income tax payment penalty is due by a Maine resident taxpayer as a result of the taxpayer suddenly working in Maine due to a state's COVID-19 state of emergency, Maine Revenue Services (MRS) will abate the penalty upon request by the taxpayer.

  • Individual Income Tax — Final Tax Liability

    For tax years beginning in 2020, the Mills Administration will introduce legislation in January to ensure Maine residents avoid double taxation as a result of COVID-19 related telework by allowing the tax credit for income tax paid to other jurisdictions if another jurisdiction is asserting an income tax obligation for the same income despite the employee no longer physically working in that jurisdiction due to COVID-19.

  • Sales Tax Nexus: Registration and Collection Duty Requirements

    For sales occurring in 2020, MRS will not consider the presence of one or more employees in this State, who commenced working remotely from Maine during the state of emergency and due to the COVID-19 pandemic, to constitute substantial physical presence in this State for sales and use tax registration and collection duty purposes.

  • Corporate Income Tax Nexus

    For tax years beginning in 2020, MRS will not consider the presence of one or more employees in this State, who commenced working remotely from Maine during the state of emergency and due to the COVID-19 pandemic, to establish, by itself, corporate income tax nexus.

Updated Guidance on Educational Opportunity Tax Credit (“EOTC”)

  • Federal Student Loan Forbearance

    MRS is in the process of submitting to the Secretary of State the official, finalized emergency rulemaking for MRS Rule 812, “Credit for Educational Opportunity,” that will allow, for tax years beginning on or after January 1, 2020, student loan payments made by individuals in deferment or forbearance, including those subject to a federal student loan administrative forbearance pursuant to the federal Coronavirus Aid, Relief, and Economic Security (“CARES”) Act or federal Executive Order, to qualify for the EOTC as long as all other eligibility criteria are met.

  • Work-in-Maine Requirement

    For tax years beginning in 2020, for Maine people who were employed in Maine prior to, or during, the pandemic and who became unemployed as a result of COVID-19 but who are still making student loan payments, the Mills Administration will introduce legislation in January to allow them the EOTC.

Corporate Income Tax: Additional Extension of Time to File

As previously announced, in response to COVID-19 related corporate tax changes at the federal level, MRS has automatically extended the filing deadline for corporate and franchise taxpayers in Maine, on extension, from October 15, 2020 to November 16, 2020. See Maine Tax Alert, Volume 30, Issue 18, October 2020, available at: www.maine.gov/revenue/publications/maine-tax-alerts.

For questions about Maine income tax, contact MRS at (207) 626-8475 or visit the MRS website at www.maine.gov/revenue.

Fraud Alert

If you believe you are a victim of identity theft or that a breach of personally identifiable information has occurred, contact MRS at (207) 624-7658 or email fraudalert.mrs@maine.gov as soon as possible. Timely notification assists MRS in preventing fraudulent tax refunds.

Department

Telephone Numbers

FAX Numbers

E-mail Addresses

Taxpayer Contact Center

(207) 624-9784

(207) 287-6975

taxpayerassist@maine.gov

Central Registration

(207) 624-5644

(207) 287-6975

taxregistration@maine.gov

Collections & Compliance

(207) 624-9595

(207) 287-6627

compliance.tax@maine.gov

Corporate Tax

(207) 624-9670

(207) 624-9694

corporate.tax@maine.gov

E-file Help Desk (1040 ONLY)

(207) 624-9730

(207) 287-6628

efile.helpdesk@maine.gov

Electronic Funds Transfer

(207) 624-5625

(207) 287-3618

efunds.transfer@maine.gov

Estate & Fiduciary Tax

(207) 626-8480

(207) 624-9694

estatetax@maine.gov

Fuel & Special Taxes

(207) 624-9609

(207) 287-6628

fuel.tax@maine.gov

Forms Request Line

(207) 624-7894

 

 

Individual Income Tax Assistance

(207) 626-8475

(207) 624-9694

income.tax@maine.gov

Insurance Premium Tax

(207) 624-9753

(207) 624-9694

 

NexTalk (TTY Service)

(888) 577-6690

 

 

Payment Plan/Income Tax

(207) 621-4300

(207) 621-4328

compliance.tax@maine.gov

Payment Plan/Other

(207) 624-9595

(207) 287-6627

compliance.tax@maine.gov

Practitioners' Hotline

(207) 626-8458

(207) 624-9694

 

Property Tax

(207) 624-5600

(207) 287-6396

prop.tax@maine.gov

Public Communications

(207) 626-8478

(207) 624-9694

 

Sales Tax

(207) 624-9693

(207) 287-6628

sales.tax@maine.gov

Tax Clearance Letters

(207) 624-9595

(207) 287-6627

 

Office of Tax Policy

(207) 624-9677

(207) 287-3618

 

Taxpayer Advocate

(207) 624-9649

(207) 287-3618

taxpayer.advocate@maine.gov

Withholding Tax

(207) 626-8475

(207) 624-9694

withholding.tax@maine.gov

Tax Violations Hot Line

(207) 624-9600

 

 

This publication is designed to keep taxpayers, tax practitioners and the general public informed of developments, problems, questions and matters of general interest concerning Maine tax law, policy and procedure. The articles in this newsletter are not designed to address complex issues in detail, and they are not a substitute for Maine tax laws and/or regulations.

Suggestions for the Tax Alert?

Please contact:

Maine Revenue Services
PO Box 1060
Augusta, Maine 04332-1060

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