Individual Income Tax FAQ

Or, you can file a paper return. Forms and instructions are available for download on the MRS Forms page or you can request that a Form 1040ME booklet be mailed directly to you:

Revised: April 2, 2024

2. How can I get an extension to file?

If you are unable to file your return by the original due date, Maine will allow an automatic six-month extension of time in which to file your return. Requests for additional time beyond the automatic six-month extension to file must be submitted in writing prior to the expiration of the six-month period. Generally, the total extension period cannot exceed eight months. The automatic extension is only effective if the return is filed within the six-month period.

A penalty for failure to file will not be assessed if you file your return by the extended due date. However, to avoid penalties for late payment, you must pay at least 90 percent of the tax you owe by the original return due date. Please remit your estimated tax payment with the extension payment voucher available on the MRS Forms page. Interest will be charged on any unpaid tax balance remaining after the original return due date, regardless of any extensions granted.

Revised: January 8, 2020

3. Do I file my return even though I do not have the money to pay?

If you cannot pay all of your taxes by the original due date, you should still file your return on time. It is important to pay as much of the tax due as you can by the due date. Late payment penalties and interest are charged on any unpaid tax balance. By paying as much as possible by the original due date, you will minimize these charges.

4. What if I file or pay late?

If you owe tax, you will be charged interest (currently 10% beginning January 1, 2024), compounded monthly, on income tax not paid by the due date (generally the April 15th immediately following the tax year for calendar-year filers). An extension allows only additional time to file; it does not allow additional time for payment of tax due or prevent accrual of interest.

In addition to interest, a penalty is assessed for late filing. The penalty for late filing is $25 or 10% of the tax due, whichever is greater. If a tax return is not filed upon demand, the penalty for late filing is the greater of $25 or 25% of the tax due. A separate penalty is assessed for the late payment of tax. The penalty for late payment of the tax is 1% per month up to a maximum of 25%. Both penalties are assessed when the return is filed late, and the tax is paid late. The law also provides for penalties for underpaying estimated tax, preparing or filing a fraudulent income tax return, and for substantially understating income.

If you are due a refund, you generally must file a claim for a refund within 3 years of the original due date for filing the return or within 3 years of the time the tax was paid, whichever is later; otherwise, you risk losing the refund.

Revised: April 2, 2024

5. Is there a penalty for not paying enough estimated tax?

Yes. If you did not pay enough estimated tax or have enough tax withheld from your earnings by any due date for paying estimated tax, you may be subject to a penalty. For calendar year 2023, the underpayment penalty is 7%, compounded monthly. For calendar year 2024, the underpayment penalty is 10%, compounded monthly.

If your 2023 tax liability was $1,000 or more, you should refer to Form 2210ME, Underpayment of Estimated Tax by Individuals.

Revised: April 2, 2024

6. How can I tell if I am a resident of Maine?

For income tax purposes, you are a resident of Maine for the taxable year if

  1. you are domiciled in Maine, or
  2. you are not domiciled in Maine, but maintain a permanent place of abode in Maine for the entire tax year and spend more than 183 days of the tax year in Maine.

If you are domiciled in Maine, you remain domiciled in Maine until you relinquish your Maine domicile and establish a domicile outside Maine.

If you are domiciled in Maine, the number of days you spend in Maine or outside Maine does not change the fact that you are a resident of Maine for income tax purposes. It is possible for someone who is domiciled in Maine to be outside the state for the entire year and still be a resident of Maine. However, under certain circumstances, you may be eligible to be treated as a nonresident for Maine tax purposes. For more information on safe harbor residency, see the Residency Safe Harbors for Residents Spending Time Outside Maine Guidance Document.

If you are domiciled in another state, but maintain a permanent place of abode in Maine for the entire tax year, and spend more than 183 days in Maine, you are a resident of Maine for income tax purposes.

Items that evidence domicile and residency include, but are not limited to, residential property ownership, driver’s license, vehicle registrations, professional licenses, job requirements, hunting and fishing licenses, and voter registration.

If you are in the military, your home of record usually is your legal residence. Except, if you qualify as a safe harbor resident, you may be treated as a nonresident for Maine income tax purposes. For more information on safe harbor residency, see the Residency Safe Harbors for Residents Spending Time Outside Maine Guidance Document.

However, the federal Veterans Auto and Education Improvement Act of 2022 (Public Law 117-333) provides that as of January 5, 2023, a service member and the spouse of the service member may elect, for any taxable year of the marriage, any of the following:

For more information, refer to the Determining Residency Status and/or the Residency Safe Harbors for Residents Spending Time Outside Maine guidance documents available at www.maine.gov/revenue/taxes/income-estate-tax/guidance-documents.

Revised: May 2, 2024

7. I did not live in Maine for the entire year. Do I have to file a return?

If you moved in or out of Maine during the tax year, you will generally have to file an income tax return with Maine. Anyone who is a resident of Maine for any part of the tax year, and has taxable Maine-source income, must file a Maine return. Anyone who is not a resident of Maine, but performs personal services in Maine for more than 12 days and earns more than $3,000 of income from all Maine sources, must file a Maine return. Up to 24 days performing certain personal services, such as training and site inspections, are not counted against the 12-day threshold. For more information, see Maine Rule 806.

If you established or relinquished your Maine residency during the tax year, you are a part-year resident for income tax purposes, regardless of when you changed your residency. For example, if you were a Maine resident, but moved to California on November 1st and became a California resident, you would be a part-year resident of Maine for that year.

Part-year residents, nonresidents and safe harbor residents must file a Maine return based on their total federal adjusted gross income. Your tax liability is first calculated as if you were a resident of Maine for the entire year. You are then allowed to calculate a nonresident credit on Maine Schedule NR that will reduce your Maine tax by the portion of the tax that is related to the income you earned outside the state while a nonresident or safe harbor resident of Maine.

For more information, refer to the Determining Residency Status and/or the Residency Safe Harbors for Residents Spending Time Outside Maine guidance documents available at www.maine.gov/revenue/taxes/income-estate-tax/guidance-documents.

Revised: April 2, 2024

8. I am a nonresident of Maine with business activity (such as rental property) located in the state. In prior years, this activity generated a loss, but this year I realized a gain. Can I use the previous years' losses to offset this year's gain?

No, unless you have a federal loss that you can carry forward to this year. If your Maine losses have previously offset federal income, you cannot use those losses again to offset future Maine income.

Revised: April 2, 2024

9. How do I complete a Schedule NR?

You must file Maine Form 1040ME and Schedule NR.

Read the instructions for Schedule NR carefully. Read the specific instructions for each line on the schedule before you complete that line on the form.

You should keep the following points in mind when completing Schedule NR: