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Massachusetts Form 8832: What You Should Know

The employee failed to provide the employer with a certification. If you have made an election to determine whether an employee is classified as a resident for federal tax purposes and he or she has never filed a Form 8832 (or Form 2553), the business has a claim on the employee under Mass. Gen. Laws ch. 151, section 16(e)(6). We will consider the employee to be a resident for this purpose. Example of a Form 8832 Election (this is not an exhaustive list of all possible election possibilities) If you qualify for classification as a resident for federal tax purposes, and an employee fails to register for a class of tax on which he or one of his or her family members is liable by the date of the election, and an election is made for that purpose, you have satisfied this rule if you meet the following conditions: You are a manufacturer or a manufacturer-affiliated party. This means that, as a manufacturer, you employ employees who work primarily in connection with your manufacturing activities, but more than half the employee's time spent performing service for you will be spent in connection with the business or the business of other companies. You provide the employee's family members with the ability to participate in the employer's business. It is not a “minor or minor” provision; see above “No election necessary if corporation was classified as a manufacturer in 2023 or earlier” (see also “Qualifying for Classification” above). The employee satisfies all the provisions of the election on the date you submit the filing. If you are a manufacturer-affiliated party, and you know that the employee has a tax liability in excess of the payment of taxes due with respect to that portion of the employee's employment for which there is an election, you must file Form 2 with the Department of Revenue, and the employee's family members must register for a Class F return with the Department. If you are a registered agent for the employer, you must file Form 2 with the Secretary, and that employee's family members must register for a Class F return with the Secretary. A small employer must file Form 2 and attach the election form as a result of the employee filing a Form 8832. The employer (if a partnership or other organization) may not choose to elect to be classified as a corporation by registration with the Secretary and may not choose to be classified as a manufacturer, but instead shall file Form 2.

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