Form M 4 Ms PDF Details

In order to file your Massachusetts annual corporate excise tax return, you will need to use Form M 4 Ms. This form is used to report the gross receipts and other information for the taxable year. There are a number of specific requirements that must be met in order to file this form, so it is important to understand what is required before you begin. The Department of Revenue has provided several resources that can help you with completing this form, including an instruction booklet and a sample return. You can also find answers to frequently asked questions on the department's website. Be sure to familiarize yourself with these resources before filing your return.

QuestionAnswer
Form NameForm M 4 Ms
Form Length1 pages
Fillable?No
Fillable fields0
Avg. time to fill out15 sec
Other namesm 4 ms m4ms holiday form

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Form M-4-MS

Annual Withholding Tax Exemption

Certificate for Nonresident Military Spouse

Massachusetts

Department of

Revenue

Read instructions below before completing this form. After completion, give the certificate to your employer. Keep a copy for your records.

Employee name

 

Employee Social Security number

 

 

 

 

 

Military servicemember spouse’s name

 

Spouse’s Social Security number

 

 

 

 

 

 

Street address where you both currently reside

City/Town

State

Zip

Telephone

 

 

 

 

 

Name of military servicemember’s station

City/Town

State

Zip

Telephone

Form M-4-MS is to be used only for employees claiming exemption from Massachusetts income tax withholding requirements because they meet the conditions set forth under the Servicemembers Civil Relief Act, as amended by the Military Spouses Residency Relief Act (P.L. 111-97).

I certify that:

 

• I am a legal resident (domiciliary) of the state of

;

My military servicemember spouse’s domicile is the same as mine;

My spouse is a member of the armed forces and is present in or near Massachusetts in compliance with military orders; and

I am present in Massachusetts solely to be with my spouse.

I no longer qualify for the exemption as of (date)

Under penalties of perjury, I declare that to the best of my knowledge and belief the above information is true, correct, and complete.

Employee signature

Date

Telephone

 

 

 

Notice to Employers

Employers are not exempt from withholding tax liability for failing to withhold the proper Massachusetts tax on a military spouse unless they have a properly completed Massachusetts Form M-4-MS and sat- isfy the additional requirements set forth below.

Requirements of Employer

The employee must show the employer an original of the employee’s current military spouse ID and provide a clear photocopy. The em- ployer must ensure that the ID denotes the employee as a current mili- tary spouse. These IDs are reissued every four years; accordingly, the employer may not accept a military ID that is dated more than four years before the date on which it is given to the employer. In addition to a copy of the military spouse ID, the employee must provide to the employer copies of the following:

Department of Defense Form 2058, State of Legal Residence Cer- tificate of servicemember;

Most recent LES, Leave and Earnings Statement, of servicemem- ber; and

Servicemember’s current military orders assigning such service- member to a post of duty in or near Massachusetts.

The employer must keep the Form M-4-MS with the employee’s per- sonnel records. If the employer believes the employee has improperly claimed the Nonresident Military Spouse Residency Withholding Ex- emption, the employer must contact the Department of Revenue.

Note: The Form M-4-MS must be validated on an annual basis. The spouse must show continued eligibility for the exemption. Scenarios that will cause the spouse to no longer be eligible include:

Servicemember leaves the service;

Divorce;

Voluntary physical separation due to duty changes. The service- member’s orders move him or her to a location outside Massachusetts where the spouse is allowed to join him or her but chooses not to; or

Spouse commits an action that clearly establishes Massachusetts as his or her state of domicile.

Domicile

In order to claim domicile in a state other than the state in which you currently reside you must have proof that you meet one or more of the criteria listed below. If you previously were not a domiciliary of an- other state you cannot claim that state as your domicile merely by making an election.

Domicile is a place where a person has established permanent resi- dence with an intention to dwell in that place permanently and to return to it after absence. An individual has only one state of domicile at any time and loses his or her current domicile only when he or she estab- lishes a new domicile. The domicile is created based on performing one or more of the following actions.

Criteria Used to Determine State of Domicile

Property,ownershipandresidence.Homestead status; the location of permanent home; mailing address; amount of time spent in a state.

Financial data. Location of bank accounts; where taxpayer qualifies for unemployment benefits; state where prior resident tax returns were filed; state where business is conducted; state where wages are earned.

Licenses and registrations. Where taxpayer is registered to vote; state driver’s license; state where vehicles are registered; state where professional licenses are maintained.

Affiliations. Location of fraternal, social or athletic memberships; union membership location; place of worship.

Family and dependents. Place of family ties for employee, service- member spouse and dependents.

Single Domicile Factor Not Sufficient

No single factor determines a person’s state of domicile; all factors must be evaluated together.

A person’s permanent residence, once established, continues as their state of domicile until they take steps to establish a new domicile in another state.

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