Section 280-RICR-20-55-10.8 - Reporting and Remitting Taxes WithheldA. Employers withholding Rhode Island personal income tax from employees' wages must electronically file and/or pay the taxes withheld to the Division of Taxation on a periodic basis in the following situations: 1. Per R.I. Gen. Laws § 44-30-71(c), electronic payment of withholding tax is required for employers who are required to withhold and remit the tax by law and the employer has ten (10) or more employees.2. Per R.I. Gen. Laws § 44-30-85.1, electronic submission of withholding tax and tax return(s) is required for employers who withheld $200 or more per month on average for the prior calendar year.B. The following bases are those on which the employer must file and pay to the Division of Taxation: 1. Weekly: If the employer withholds $600 or more for any calendar month during the year from employees' wages, the employer must remit the taxes withheld on a weekly basis. The submission is due on the next banking day following the end of the week. The due date would generally be Monday unless Monday is a banking holiday or state holiday, in which case the due date would be Tuesday. a. The term "weekly basis" means the week that begins on Sunday and ends on Saturday.b. If there was no payroll for a given week, a payment filing is not required.c. In addition to the weekly payment filing requirement above, a reconciliation form, Form RI-941 is due on or before the last day of the month following the close of the quarter.d. Change from a weekly basis to another payment frequency may be permitted only at the beginning of a calendar year.2. Monthly: If an employer withholds $50 or more but less than $600 for any calendar month from employees' wages, the employer must remit the taxes withheld on a monthly basis. The submission is due within twenty (20) days after the close of the month.a. If there was no payroll for a given month, a payment filing is not required.b. In addition to the monthly payment filing requirement above, a reconciliation form, Form RI-941 is due on or before the last day of the month following the close of the quarter.c. Change from a monthly return to another payment frequency may be permitted only at the beginning of a calendar year.3. Quarterly: If an employer withholds less than $50 for any calendar month from employees' wages, the employer must report and remit taxes withheld on a quarterly basis. A form RI-941 must accompany the payment and the form and payment are due on or before the last day of the month following the close of the quarter. a. Consecutive returns for each calendar quarter accounting for all taxes withheld during the year must be filed by an employer required to report quarterly.b. Change from a quarterly return to another payment frequency will be permitted only at the beginning of a calendar year.4. Error Correction: If an error has been made on a withholding tax return and that error results in an overpayment or underpayment of tax for that period, then the employer should make the necessary adjustment on the subsequent withholding tax report. Forms are available on the Division of Taxation's website.280 R.I. Code R. § 280-RICR-20-55-10.8
Amended effective 3/2/2020