- Can nonresident partners be included in the required withholding for employees?
- Is pay pass-through entity withholding required to be filed and paid electronically?
- Are waivers from the electronic filing and payment requirements available?
- Can withholding be reported for resident members too?
- What if a nonresident member is making or wants to make estimated payments instead of having the entity report withholding?
- Is every nonresident member required to file a Maine income tax return?
- Does the entity need to withhold from composite filers?
- How much must be withheld?
- Can payments be made more often than quarterly?
- What if a return needs to be corrected?
- Is withholding required for nonresident members that are pass-through entities?
- Is there an amount of income that is not taxable, so withholding would not be required?
- What if the pass-through entity will have a loss this year?
- Is a pass-through entity required to withhold from a member that is a tax-exempt organization?
- The business reports on a fiscal year basis. How is the amount to withhold determined?
- Real estate withholding (REW) has been withheld for an entity during the year. Should the REW funds be listed on Form 941P-ME as payment withheld?
- A nonresident member is on the payroll of the business and has extra withholding taken out to cover the Maine tax liability. Is pass-through entity withholding required for this member?
- A lower-tier pass-through entity is owned by upper-tier pass-through entities. Can the upper-tier entities qualify for the compliant taxpayer exemption?
- An upper-tier entity’s only Maine source income is from a lower-tier entity. How does the upper-tier entity know the lower-tier entity properly withheld?
- Are withholding statements required to be filed by the pass-through entity at the end of the year?
- How long are Forms 941CF-ME and 941AF-ME effective and retained?
- Is an upper-tier entity required to report amounts withheld by a lower-tier entity on Form 941P-ME?
1. Can nonresident partners be included in the required withholding for employees?
No. The withholding requirement for nonresident members of pass-through entities is separate from the employee withholding requirement. The forms used for filing nonresident member withholding are different than those for employee withholding.
Form 941P-ME must be filed to report withholding on Maine source income of nonresident members. For more information, visit Pass-Through Entity Withholding & Returns.
Revised: April 6, 2026
2. Is pass-through entity withholding required to be filed and paid electronically?
Yes.
Electronic Filing. Maine Revenue Services (MRS) Rule 104 (Filing of Maine Tax Returns) requires pass-through entities with nonresident members that are subject to pass-through withholding on Maine source income to electronically file Form 941P-ME. Form 941P-ME may be filed electronically using either the Maine Tax Portal (MTP)* or Modernized e-File (MEF).
*To file on the MTP, the entity must have an MTP username. If an MTP username has not already been created, go to revenue.maine.gov and select Create a Username under the Username and Password fields. The entity's federal employer identification number (FEIN) and one of the following are required:
- the amount due or refunded from one of the entity's last three returns (must be greater than $0 for authentication); or,
- a Letter ID from correspondence the entity recently received from MRS. The Letter ID is found on the top right corner of the letter and begins with the letter L.
Electronic Payments. MRS Rule 102 (Electronic Funds Transfer) requires taxpayers with a combined annual tax liability for all taxes that is $10,000 or more for the prior calendar year to remit all Maine tax payments electronically and continue to remit payments electronically in future years. Payments of pass-through entity withholding may be made by ACH debit using either the MTP or sent electronically through ACH credit.
For more information, see the Employer Withholding information page or email MRS at taxpayerassist@maine.gov.
Note: Taxpayers may request waivers from the electronic filing and electronic payment requirements for good cause. See Question 3 below for more information.
Revised: April 6, 2026
3. Are waivers from the electronic filing and payment requirements available?
Yes. A pass-through entity unable to meet the electronic filing requirement because of undue hardship may request a waiver from the State Tax Assessor. The request must be in writing and must include the name, address, and federal ID number of the entity, a detailed explanation of why filing electronically poses a significant hardship, and when the entity will be able to comply with the electronic filing requirements. See MRS Rule 104 (Filing of Maine Tax Returns), Section .04.
Additionally, an entity may make a written request to MRS for a waiver from the electronic payment requirement for good cause. Good cause determinations will be made on a case-by-case basis. See MRS Rule 102 (Electronic Funds Transfer), Section .05.
| Mail waiver request to: | Maine Revenue Services |
| Corporate Tax Unit | |
| P.O. Box 9107 | |
| Augusta, ME 04332-9107 | |
| OR email: | corporate.tax@maine.gov |
Revised: April 6, 2026
4. Can withholding be reported for resident members too?
Yes. Although withholding is required for nonresident members only, voluntary withholding payments can be made for a resident member, with that member's consent.
Revised: April 6, 2026
5. What if a nonresident member is making or wants to make estimated payments instead of having the entity report withholding?
If a nonresident member has $1,000 or more in Maine source income and prefers making estimated payments, the member must file an affidavit (Form 941AF-ME) with the entity promising to comply with Maine's income tax laws. The affidavit must be held by the pass-through entity for at least six years. A new affidavit must be submitted each year by each eligible person for whom an election is made. The entity must list that member on Schedule 3P (Exempt Members) when filing Form 941P-ME for the year.
Revised: April 6, 2026
6. Is every nonresident member required to file a Maine income tax return?
Yes, if that nonresident member has Maine source income. A pass-through entity having Maine source income may file a composite income tax return for all of its eligible nonresident individual members who agree to participate. If a nonresident member participates in the composite return, an individual income tax return is not required from that member. See MRS Rule 805 (Composite Filing) on the Laws & Rules page. Forms and instructions are located on the MRS Forms page.
Revised: April 6, 2026
7. Does the entity need to withhold from composite filers?
No. Each nonresident member participating in the composite exemption must sign an agreement (Form 941CF-ME) to participate in the composite filing. A new form must be submitted each year by each eligible person electing to participate in the composite return for the taxable year. The agreement must be retained by the pass-through entity for at least six years after the filing of the composite return for the taxable year. The entity must list that member on the Form 941P-ME, Schedule 3P (Exempt Members) filed for the tax year. Estimated payments are required to be made by the entity on behalf of the composite filing group as long as the aggregate Maine income tax liability is greater than $1,000.
Revised: April 6, 2026
The entity must withhold 7.15% of the estimated Maine source distributive income of each nonresident member, except the rate is 8.93% if the nonresident member is a C corporation. The Maine source distributive income of a nonresident member is equal to the member’s share of the net income determined by the items of income, loss, and deduction as reported on federal Form 1065, Schedule K or federal Form 1120-S, Schedule K of the entity for the calendar year (or, for fiscal year filers, for the fiscal year ending during the calendar year) apportioned to Maine in accordance with 36 M.R.S., Chapter 821.
The amount of Maine source distributive income of a nonresident member must be estimated, if not known.
For purposes of Maine pass-through entity withholding, the net income of an entity for the year is calculated on an estimated basis. See the instructions for Form 941P-ME, Schedule 1P, line 5 for more information.
An entity that is required to withhold a total of more than $1,000 from its members for the calendar year must, for each calendar quarter, make estimated payments equal to 25% of the lesser of the following:
(a) 90% of the amount required to be withheld for the calendar year; or
(b) The amount required to have been withheld for the prior calendar year.
Note: Subparagraph (b) above does not apply if the prior calendar year was less than 12 months, or if the pass-through entity was not required to withhold, or if the entity did not file an annual return for the prior year.
The estimated payments may be made electronically or by using Form 901ES-ME on or before: April 30th, July 31st, October 31st, and January 31st of the following year.
See Question 2 above for electronic filing and payment options.
Revised: April 6, 2026
9. Can payments be made more often than quarterly?
Yes. Payments must be made on at least a quarterly basis. However, payments may be made more frequently on the MTP or by using Form 901ES-ME. Be sure to enter the federal employer identification number on the check, as well as the form, to ensure that the payment goes to the correct account.
See Question 2 above for electronic filing and payment options.
Revised: April 6, 2026
10. What if a return needs to be corrected?
If a filed return needs to be corrected, file an amended Form 941P-ME. Check the box indicating that it is an amended return.
See Question 2 above for electronic filing and payment options.
Revised: April 6, 2026
11. Is withholding required for nonresident members that are pass-through entities?
Yes, generally withholding is required for all nonresident members, individuals, and business entities alike. However, the ultimate nonresident individual (or business) members in a tiered entity structure can be identified, withholding can be reported for those members' income directly, but only after making a written request to the Assessor and receiving approval to do so.
For example, Partnership A (lower-tier entity) is partially owned by nonresident Partnership B (upper-tier entity), which is owned by nonresident Individual 1 and nonresident Individual 2. Partnership A (lower-tier entity) must withhold 7.15% of Partnership B's share of Maine source income, and assign that withholding to Partnership B. If, however, Partnership A can identify the ultimate nonresident members, Partnership A may withhold 7.15% against each ultimate member's (Individual 1 and Individual 2) share of income.
If a lower-tier entity is withholding for ultimate nonresident members, the lower-tier entity must also report the amount of withholding to those ultimate nonresident members. If the lower-tier entity is withholding for an upper-tier entity, the amount withheld must be reported to the upper-tier entity and the upper-tier entity must then report the appropriate portion of withholding to each member (resident and nonresident).
Revised: April 6, 2026
12. Is there an amount of income that is not taxable, so withholding would not be required?
Maine has a threshold for the taxability of income earned by a nonresident individual working in Maine. However, income earned from a pass-through entity is not subject to this threshold. All Maine source income from a pass-through entity is taxable to Maine.
Revised: April 6, 2026
13. What if the pass-through entity will have a loss this year?
If a pass-through entity incurs a net loss for the current taxable year, that entity does not have to withhold from any nonresident member unless that member receives guaranteed payments exceeding the member’s allocated share of the net loss. If the entity has income in the current year, but had a net loss for the prior year, withholding will be required for the current year, but estimated payments will not be required provided the prior year was a full year and the entity filed Form 941P-ME for that year. Even if withholding is not required, a Form 941P-ME must still be filed.
Revised: April 6, 2026
14. Is a pass-through entity required to withhold from a member that is a tax-exempt organization?
A pass-through entity is not required to withhold from income distributable to a tax-exempt entity member if that income is not taxable to the member. However, the pass-through entity may not be aware of the tax status of each of its members. A nonprofit, or tax-exempt, member may be required to provide the pass-through entity with documentation showing the tax-exempt status.
Revised: April 6, 2026
15. The business reports on a fiscal year basis. How is the amount to withhold determined?
A fiscal year business should calculate member withholding based on the year in which the fiscal year ends. For instance, if an entity's fiscal year is July 1, 2025 through June 30, 2026, income for that period is considered income earned in 2026. For 2026 purposes, withholding must be based on the income for the period July 1, 2025 through June 30, 2026.
Example: Partnership XYZ operates on a fiscal year ending on September 30. Maine apportionment is 50%. Partner A is not a resident of Maine and owns a 33% share of Partnership XYZ. Partner A files a calendar year return.
XYZ results for fiscal year ended September 30, 2026 are included in Partner A's calendar year 2026 return.
XYZ estimates income of $30,000 for the fiscal year ending during 2026. Maine income is estimated at $15,000 and Partner A's share would be $5,000.
Thus, the income base for calculating the withholding requirement for Partner A for calendar year 2026 is $5,000.
Revised: April 6, 2026
16. Real estate withholding (REW) has been withheld for an entity during the year. Should the REW funds be listed on Form 941P-ME as payment withheld?
No. The REW payment may be deducted from the withholding required for the year. Simply reduce the amount of pass-through withholding by the amount of REW withholding. REW payments are reported to Maine Revenue Services separately on Form REW-1. Each member’s share of real estate withholding payments may be entered in Box 3 of Form 1099ME.
Revised: April 6, 2026
17. A nonresident member is on the payroll of the business and has extra withholding taken out to cover the Maine tax liability. Is pass-through entity withholding required for this member?
If the nonresident member has $1,000 or more in Maine source income, but wants to pay through extra payroll withholding, the member must file an affidavit (Form 941AF-ME) with the entity, promising to comply with Maine's income tax laws. Each nonresident member participating in the compliant taxpayer exemption must sign an affidavit. Withholding is not required if the appropriate affidavits have been obtained. However, the entity is required to file Form 941P-ME annually to report entity information and list the exempt members on Schedule 3P.
Revised: April 6, 2026
18. A lower-tier pass-through entity is owned by upper-tier pass-through entities. Can the upper-tier entities qualify for the compliant taxpayer exemption?
Yes, an upper-tier entity may qualify. However, the upper-tier entity will become responsible for withholding on any Maine source income flowing from the lower-tier entity to the upper-tier entity or for obtaining an affidavit of exemption (Form 941AF-ME) for the subsequent upper-tier owners. In addition to obtaining the affidavit from the upper-tier pass-through entity, the lower-tier entity must file Form 941P-ME for the year and list the upper-tier entity on Schedule 3P.
Revised: April 6, 2026
19. An upper-tier entity’s only Maine source income is from a lower-tier entity. How does the upper-tier entity know the lower-tier entity properly withheld?
The lower-tier entity must withhold from its upper-tier members unless it obtains Form 941AF-ME (Nonresident exemption affidavit) from an upper-tier entity to be exempt. At the end of the year, the lower-tier entity is required to provide the upper-tier entity with Form 1099ME showing the portion of withholding for the year that is attributable to that upper-tier entity. The upper-tier entity then provides its members with Form 1099ME reporting their proportionate distributive share of the withholding in box 2.
Revised: April 6, 2026
20. Are withholding statements required to be filed by the pass-through entity at the end of the year?
Pass-through entities must issue Form 1099ME to each member from whom Maine income tax was withheld, no later than January 31st. Do not file Forms 1099ME directly with Maine Revenue Services. Form 1099ME identifies the member's share of Maine income tax withheld and must be submitted with the nonresident owner's Maine income tax return. Failure to provide Form 1099ME to your members may result in the disallowance of the withholding claimed on the member’s return.
Note: A person who willfully fails to furnish a statement by the due date, or who willfully furnishes a false or fraudulent statement, commits a civil violation and is subject to a fine of $50 for each such failure or each such furnishing. See 36 M.R.S. § 5251-A.
Revised: April 6, 2026
21. How long are Forms 941CF-ME and 941AF-ME effective and retained?
These affidavits must be held by the pass-through entity for at least six years after the filing of the composite return for the taxable year. A new affidavit must be submitted each year by each eligible person for which an election is made. An affidavit may be revoked if, for any reason, the pass-through entity does not include the nonresident member(s) on the Form 941P-ME, Schedule 3P filed for the tax year. A revoked affidavit must be retained by the pass-through entity for at least three years after the year in which it is revoked.
Revised: July 19, 2023
22. Is an upper-tier entity required to report amounts withheld by a lower-tier entity on Form 941P-ME?
An entity should report only those amounts withheld directly by that entity. In this case, the lower-tier entity must file Form 941P-ME and report the amounts it withheld. However, the upper-tier entity must issue Forms 1099ME to its members and report in Form 1099ME, box 2, each member’s share of the amount withheld by the lower-tier entity. Additionally, the upper-tier entity must also file Form 941P-ME to report its Maine source income.
Revised: July 25, 2023