New Massachusetts Pass-Through Entity Withholding Requirements: April 30th Deadline May Apply

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Under new regulations effective January 1, 2009, any pass-through entity that maintains an office or engages in business in Massachusetts must withhold tax on a quarterly basis from each member’s share of the entity’s Massachusetts source income, unless either the entity itself is exempt from this requirement or the member timely certifies that it is exempt. This withholding obligation applies regardless of whether the pass-through entity actually makes any distributions to its members.

Each quarterly withholding payment is due on or before the last day of the month following the close of each quarter of the entity’s taxable year. For a calendar year pass-through entity, the deadline for the first quarterly withholding payment is April 30th.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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