09 Payment A. Payment schedule. A payer must remit the withheld tax in accordance with one

of two schedules based on an annual determination pursuant to Section .09(C) below. The two remittance schedules are semi-weekly and quarterly. Pass- through entity withholding under Section .06 above must be remitted quarterly. B. Lookback period defined. The lookback period for each calendar year is the 12- month period ending on the preceding June 30. For example, the lookback period for calendar year 2021 is July 1, 2019 through June 30, 2020. C. Determination of status. Excluding pass-through entity withholding under Section .06 above, the determination of a payer’s remittance schedule for a calendar year is based on the aggregate amount of withheld taxes reported by the withholder for the lookback period. New payers are treated as having an income tax withholding liability of zero for any calendar quarter within the lookback period during which the withholder did not exist. 1. Semi-weekly remitters. A payer must remit on a semi-weekly basis for the entire calendar year if the aggregate amount of withholding reported for the lookback period was $18,000 or more. A semi-weekly remitter must remit according to the following schedule: Day Wages Paid: Remittance Due: Wednesday, Thursday, Friday On or before the following Wednesday Saturday, Sunday, Monday, Tuesday On or before the following Friday If a quarterly reporting period ends within a semi-weekly period, and if wages are paid on payment dates that fall in each of the two quarters, separate remittances must be made for each quarter in a manner that clearly identifies the correct quarterly reporting period for each remittance. For example, if one quarterly return period ends on Thursday and a new 18-125 Chapter 803 Page 18 quarterly return period begins on Friday, tax withheld from payments made on Wednesday and Thursday is subject to one remittance requirement and tax withheld from payments made on Friday is subject to a separate remittance requirement. 2. Quarterly remitters. A payer is a quarterly remitter for the entire calendar year if the aggregate amount of withholding reported for the lookback period was less than $18,000. The quarterly remitter must remit the amount withheld from payments made during a calendar quarter on or before the last day of the month following the close of the calendar quarter. If paying by check, the payment must accompany the quarterly return. D. Interest and penalty. If a required return is filed late or a required payment is paid late, interest and penalties as provided in Title 36 of the Maine Revised Statutes may apply. E. Refund of income tax withheld. A payer who pays to the Assessor more than the correct amount of income tax withheld may file a claim for refund of the overpayment by filing an amended return in accordance with this subsection and Section .07(F)(2) above for the period for which the overpayment is made. The amended return must be filed within the statute of limitations period for requesting a refund. 36 M.R.S. § 5278. Overpayments of withheld income tax remitted for periods occurring in a prior calendar year will be refunded only to the extent that the overpayment is not attributable to tax actually deducted and withheld from the payee and only to the extent that the payee has not already filed a tax return claiming the overpaid withholding amount. Any amount actually withheld from a payee during a prior calendar year, even if in error, must be claimed as a credit by the payee on that individual’s personal income tax return.