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Form 1065 - Schedule D-1 for Maryland: What You Should Know

Regulations. Section 1.4012(b)(5) an employer must withhold income tax from the employee's earned wages or compensation, including any amount excluded from the employee's gross wages for unemployment benefits, disability insurance, or workers' compensation. These amounts will not be paid to COVID-19, they will be paid directly to employers who pay them to COVID-19 or to their designated beneficiaries from the employer's fund. No deduction will be allowed for these amounts even if such amounts were not paid to COVID-19, for the reasons described in section 1402(b). The amounts to be withheld will be applied against the COVID-19 fund in the following order: (1) First, second, and third order gross wages or compensation paid to COVID-covered employees by your paid sick leave, family leave, or disability insurance plan and other payroll funds from which the amounts were withheld and which are administered by you, and (2) amounts collected and distributed from any payroll funds that are administered by COVID-covered employees, and (3) amounts withheld from any funds used to pay expenses and the costs of your paid sick leave, family leave, or disability insurance plan and other payroll funds which are maintained by you or by an employee insurance entity which is paid directly by you. If you used payroll funds to pay premiums for COVID-19 and paid the employee COVID-19, the amount in section 1202(a)(3) will replace the withholding under this section. If your COVID-covered employees receive payment under an employee pension or annuity plan (e.g. a retirement plan sponsored by you or an agency) which is administered by you, the amounts in (1) and (2) and (3) will be treated as paid directly by you to the retirement plan providers or the pension fund sponsors, respectively. See the instructions for Schedule K-1 for details about how to determine the amount of payment you made to the retirement plan providers/funds and the amount of these payments on the schedule. The amounts in (1) and (2) or (3) will be applied against the employee's annual base salary, rather than against the employee's net wages. In the example above, these amounts would be applied to the employee's base salary (not net wages) for the year the amounts are paid. If the employee is not a covered employee at the time the contributions are made, the amounts will be applied against its base salary.

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