Section 10-911 - Annual statement by employer or payor of winnings from wagering. - Maryland Statutes

§ 10-911. Annual statement by employer or payor of winnings from wagering.
 

(a)  Statement required.- Each employer or payor required under § 10-906 of this subtitle to withhold income tax for an employee or a person who receives a payment subject to withholding shall prepare a statement that shows for the previous calendar year: 

(1) the name of the employer or payor; 

(2) the name of the employee or person who receives the payment subject to withholding; 

(3) the total amount that the employer paid to the employee as wages or the total amount that the payor has paid to the person; 

(4) the total amount of tips that the employee reported; 

(5) the total amount of income tax that has been withheld under this subtitle; 

(6) any amount by which income tax required to be withheld on tips exceeds the other net wages paid to the employee; and 

(7) any other information that the Comptroller requires by regulation. 

(b)  Due date.- An employer or payor of a payment subject to withholding shall: 

(1) provide 2 copies of the statement required under subsection (a) of this section to the employee or person who receives a payment subject to withholding on or before January 31 of each year; and 

(2) submit 1 copy of the statement to the Comptroller on or before February 28 of each year. 

(c)  Form of statement and information.-  

(1) Except as provided in paragraph (2) of this subsection, an employer or payor shall submit statements required under subsection (a) of this section on magnetic media or in other machine-readable or electronic format that the Comptroller requires by regulation, if: 

(i) the total number of statements of that statement type that the employer or payor is required to submit equals or exceeds: 

1. 150 for calendar year 2006; or 

2. 100 for a calendar year beginning after December 31, 2006; or 

(ii) a lower threshold applies for federal income tax purposes. 

(2) The Comptroller: 

(i) shall adopt regulations to provide a process for an employer or payor that is required to submit statements on magnetic media or in other machine-readable or electronic format under paragraph (1) of this subsection to request a waiver from the requirement; and 

(ii) may waive the requirement that an employer or payor submit statements on magnetic media or in other machine-readable or electronic format under paragraph (1) of this subsection if the Comptroller determines that the requirement will result in undue hardship to the employer or payor. 
 

[An. Code 1957, art. 81, § 312; 1988, ch. 2, § 1; 1989, ch. 590, § 3; 2006, ch. 37.]