Maine recently released Electronic File Specifications for Forms W-2. Unimpactful changes include updated dates to reflect the new tax year, added due date section to the table of contents, and moved language (Maine still does not accept W-2C). Impactful changes include a new penalty, changed due date, and change to payers required to submit Form W-2:
New penalty: Any person who is required to file an information return in accordance with 36 M.R.S. § 5242 and who fails to do so on or after January 31, 2022, or who willfully furnishes a false or fraudulent return of information, is subject to a penalty of $50 for each such failure. Generally, returns of information include Forms W-2, Forms 1099, and other similar forms containing tax information necessary for filing Maine income tax returns.
Due date: The due date for Form W-2 is January 31, 2022. For the previous tax year, Maine enforced a February 1 due date.
Payers required to submit Forms W-2:
Previously: An employer or payroll processor who files 250 or more Forms W-2 with the Social Security Administration must report W-2 information directly to MRS electronically for all employees who are Maine residents and for all employees who have Maine-source income. Employers issuing fewer than 250 Forms W-2 to employees who are Maine residents or have Maine source income are not required to electronically file the forms; however, employers are encouraged to file directly with MRS to help combat identity theft and refund fraud. MRS does not process paper W-2 forms.
New: An employer or payroll processor required to electronically file Forms W-2 with the Social Security Administration (SSA) must report Forms W-2 information to MRS for all employees who are Maine residents and for all employees who have Maine-source income. Employers not required to electronically file Forms W-2 with the SSA are not required to electronically file information returns with MRS; however, employers are encouraged to file directly with MRS to help combat identity theft and refund fraud. MRS does not process paper Forms W-2.