1. What is the definition of employer and what is covered employment?
An employer is a person or governmental entity who employs at least one individual within the state (under Maryland unemployment insurance (UI) law).
Covered employment is any service performed for remuneration (payment) whether full-time or part-time, that is used as the basis for UI benefits. This includes salaries paid to corporate officers who are employees of the corporation (including close and subchapter S corporations).
When an individual performs a service for an employer in return for wages, the individual is likely covered for UI purposes. Under Maryland UI law, if an employee is engaged in covered employment, their employer is required to:
Covered Employment Exemptions
If an individual is not engaged in covered employment, the individual’s wages are not reported to the Division and the employer does not pay UI taxes on those wages.
One of the most common covered employment exclusions is an independent contractor. The criteria for independent contractor status are:
NOTE: When independent contractor status is in question, employers must document that all three of the criteria above are satisfied.
An independent contractor should have the appropriate licenses, file business tax returns, and may have their own federal identification number and UI account number.
The Code of Maryland Regulations (COMAR) provides additional guidance for making the proper determination regarding workers.
Individuals who work in the positions listed below are exempt from covered employment (under Labor and Employment Article 8 of the Maryland Annotated Code) when certain criteria are met:
Casual labor is defined as work performed that is not in the course of the employer’s trade or business and which is occasional, incidental or irregular. Do not confuse casual labor with temporary or part-time employment, which is taxable. However, if the:
2. How does an employer register for a Maryland UI employer account?
You can open a Maryland unemployment insurance employer account either by:
The CRA covers obligations to seven state agencies. You should only complete sections that apply to your business. You may file the application online, by fax at 410-260-7908, or submit the completed form by mail to:
Comptroller of Maryland
Revenue Administration Center
110 Carroll Street
Annapolis, MD 21411-0001
You may be required to file using a specific method when applying for certain business tax accounts or licenses. Please review the filing instructions online before beginning the CRA.
The Division will establish an account for the employer and assign a 10-digit UI employer account number.
3. Are agricultural employers, domestic employers, or farm crew leaders required to meet UI obligations?
Agricultural employers, domestic employers, and farm crew leaders are required to meet Maryland’s UI obligations for employers (such as filing quarterly contribution and employment reports each calendar quarter, registering for a Maryland UI employer account, reporting new hires and rehires, etc.). To learn more about employer UI obligations, see Information for New Employers webpage and the Employers’ Quick Reference Guide. For more information about registering, see Question 2, How does an employer register for a Maryland UI employer account?
NOTE: Agricultural or domestic employers, or farm crew leaders, are not required to pay UI taxes if they do not meet the criteria included above.
4. What is the Maryland State Directory of New Hires?
Employers who are covered under the Maryland unemployment insurance law are required to report all employees who are hired or rehired to the Maryland State Directory of New Hires within 20 days of the employee's first day of work. See Question 1, What is the definition of employer and what is covered employment?, for information about covered employment.
Employers can report hires and rehires to the Maryland State Directory of New Hires:
Employers are required to report the following information:
For more information, contact the Maryland State Directory of New Hires at 410-281-6000 or 1-888-MDHIRES, fax at 410-281-6004, or toll-free at 1-888-657-3534.
5. How are my tax rates determined?
Maryland contributory employers are assigned one of three different types of tax rates: the new account rate, the standard rate, or the experience (earned) rate.
NOTE: A contributory employer pays quarterly UI taxes, which are based on the benefits charged against the employer’s account and the taxable wages the employer reported to the Division.
Construction companies headquartered in another state will be assigned a tax rate that is the average of the rates for all construction employers in Maryland during the year for which the rate is assigned.
The experience rate is determined by finding the ratio between the benefits charged to your account and the taxable wages that you reported in three fiscal years prior to the computation date.
If an employer has only been in business for two fiscal years prior to the computation date, just the experience in those two years is used. The benefit ratio is then applied to the Tax Table in effect for the year.
The table in use for a particular calendar year is determined by measuring the ability of the Maryland UI Trust Fund to pay benefits in the future. There are six (6) tables, ranging from the lowest (A) to the highest (F). See the UI Tax Rate Information for Employers presentation for more information.
For detailed information about employer tax rates, see the Annual Tax Rate and Benefit Charge Information webpage and the Unemployment Insurance Tax Rates webpage.
6. What is a reimbursable employer (not-for-profit and government entities)?
Not-for-profit organizations (classified under Section 501(c)(3) and exempt from income tax under Section 501(a) of the Internal Revenue Code) and state and local government entities and subdivisions may elect to reimburse the state dollar for dollar for benefits charged against their accounts, in lieu of paying quarterly UI taxes. Not-for-profit organizations are required to post a bond of a specific dollar amount.
Qualifying new not-for-profit organizations and government entities must make their election in writing to the Division within 30 days of coverage.
For registration instructions, see the Employer Registration video.
Qualifying employers may also select their reimbursement status when they register for a UI account using the Combined Registration Application (CRA). See Question 2 (How does an employer register for a Maryland UI employer account?) for more information about the CRA.
After creating a Maryland UI account and selecting a reimbursement method, an employer has 30 days to change their method, if the employer feels they chose the wrong method initially.
After a qualifying new employer selects a reimbursement method, the employer can only request to change their method after two years, on written notice to the Division. The request must be submitted at least 30 days before the January 1 of the year that the new method will become effective (if approved). For example, if the new method is to take effect on January 1, 2023, the employer’s request must be submitted before December 1, 2022.
Reimbursable employers receive a Statement of Reimbursable Benefits Paid correspondence to bill them for benefits charged against their accounts. This quarterly statement lists all claimants who collected benefits during the previous quarter (a claimant refers to an individual who files a claim for UI benefits). Employers who receive this form have 15 days from the date of invoice to file a written protest (information about filing a written protest is included on the employer’s Statement of Reimbursable Benefits Paid). Interest is charged for any late payments.
7. How are benefits charged to my employer account?
The reason the individual separated from employment and the wages the employee earned during a specific time period (the base period) impact an employer’s benefit charges.
The gross wages paid to a claimant by all employers in the base period are used in determining a UI claimant's weekly benefit amount (WBA). An employer's percentage of charging for UI benefits is based on the following elements:
Percent of Liability - If a claimant has only one employer in the base period, the employer's account would be charged for 100% of any benefits paid and chargeable. If the claimant had two or more employers during the base period, all employer charges are prorated based proportionately on the wages the employer paid to total wages paid. The percentage of charges is rounded to the nearest hundredth part for each base period employer.
The percentage, multiplied by the total amount of benefits ultimately received by the claimant while employed, equals your benefit charges. You are notified of the exact amount of charges at the end of each calendar quarter.
Benefits charged to your account will usually increase your tax rate and will result in higher tax payments. Of course, the best way to minimize unemployment insurance costs is to avoid layoffs.
You may be eligible to participate in the Work Sharing unemployment insurance program, which allows employers to temporarily reduce employees’ hours, instead of a complete layoff. For more information, see the Work Sharing webpage.
8. Are there circumstances in which an employer is not charged for UI benefits? Can an employer receive a credit if the claimant must repay the UI benefits?
In some circumstances (listed below), Maryland employers are not charged for UI benefits or receive credits for repayments. However, when an employer is not charged, it does not mean a claimant is ineligible for UI benefits. Except for number 7 below, the non-charging provisions are not applicable to reimbursable employers.
The list below includes reasons for non-charging and credit provisions:
9. Which employee wages are taxable for UI purposes?
Taxable wages include the total remuneration paid up to the taxable wage base limit of $8,500 before any deductions are made.
The following wages are taxable:
NOTE: The Federal Unemployment Tax Act (FUTA) taxable wage base remains unchanged at $7,000.
The following wages are not to be reported:
10. How do I calculate excess wages for the quarterly contribution report?
An employer pays taxes on the first $8,500 of wages paid to an employee in the calendar year. Examples of how to calculate excess wages are listed below:
Apply this calculation to all employees to determine excess wages for each employee, and then add the excess wages for all employees. This grand total is entered as excess wages for your filing. For additional help computing excess wages, see the Excess Wage Calculator spreadsheet.
11. What if an employer has employees working in several states?
Services performed within Maryland or both within and outside of Maryland, are to be reported to the Division if:
The objective is for all services performed by an individual for a single employer to be covered under one state law, wherever the services are performed. Employers may elect to cover an employee through a reciprocal coverage agreement between states.
Under a reciprocal coverage agreement, services that an individual performs in multiple states for a single employing unit are considered to be performed entirely in one state. This can be a state in which:
12. How does an employer file quarterly reports?
Maryland employers are required to report the amount of total gross wages paid and pay unemployment insurance taxes each calendar quarter.
Instructions for filing a quarterly contribution and employment report (also called a contribution report or wage report) in BEACON are available in the Employer Submit Wage Report tutorial video.
You have one month following the end of each quarter to file reports and pay the tax. You must file on time in order to:
13. How can an employer pay unemployment insurance taxes?
Maryland employers are required to pay their unemployment insurance taxes by the quarterly due date, four (4) times each year. For employers filing in the BEACON system:
NOTE: You may view the payments you have made in the BEACON system by selecting “Payments” from your portal’s left menu, and then selecting “Payment History.”
For detailed information about employer tax rates, see the Annual Tax Rate and Benefit Charge Information webpage and the UI Tax Rate Information for Employers presentation.
14. What happens when an employer transfers its experience rating?
Frequently, an employer will acquire a business from a previous owner or the employer will reorganize their business. The effect of various transactions on the employer’s contribution rate are summarized below:
Taxable Wage Calculation - When calculating taxable wages in the year of the acquisition, a successor employer that assumed the experience rating of a predecessor should make the calculation for each employee based on wages paid to the employee by both the predecessor and successor. If a successor employer does not assume the experience rating of the predecessor because there is no common ownership, management or control with the predecessor, the successor may not compute taxable wages based on wages paid by the predecessor.
See Question 10 (How do I calculate excess wages for the quarterly contribution report?) for more information regarding the taxable wage calculation.
Taxable Wage Calculation - When calculating the amount of taxable wages for the quarterly contribution report in the year of the acquisition, a successor employer that assumed the experience rating of a predecessor should make the calculation for each employee based on wages paid to the employee by the predecessor and successor.
See Question 10 (How do I calculate excess wages for the quarterly contribution report?) for more information regarding the taxable wage calculation.
Taxable Wage Calculation - When calculating the amount of taxable wages for the quarterly contribution report, a new employer or existing employer which is not classified as a successor employer must compute taxable wages for each employee (based on wages that it paid and not on wages paid by any previous employer).
See Question 10 (How do I calculate excess wages for the quarterly contribution report?) for more information regarding the taxable wage calculation.
Taxable Wage Calculation - When calculating the taxable wages (for the quarterly contribution report) in the year of the reorganization, a reorganized employer makes the calculation for each employee based on wages paid to the employee before and after the reorganization.
See Question 10 (How do I calculate excess wages for the quarterly contribution report?) for more information regarding the taxable wage calculation.
Taxable Wage Calculation - When calculating the amount of taxable wages for the quarterly contribution report in the year of the transfer from another state, an employer should make the calculation for each employee based on wages paid to the employee before and after the transfer.
See Question 10 (How do I calculate excess wages for the quarterly contribution report?) for more information regarding the taxable wage calculation.
The employer who knowingly violates the law regarding successorship would be guilty of a misdemeanor and on conviction would be subject to imprisonment not exceeding one (1) year, a fine not exceeding $10,000, or both.
The law also provides for penalties against a person who is not the employer if the person violates, or attempts to violate, or knowingly advises an employer in a manner that causes the employer to withhold or provide false information regarding the transfer of experience rating.
Complete the Business Transfer Report in order to report the transfer of workforce/payroll from one business entity to another business entity.
For additional information regarding employer rates, contact the Experience Rate Unit at 410-767-2413 or toll free at 1-800-492-5524.
15. What is SUTA dumping?
SUTA is an acronym for State Unemployment Tax Act, and dumping refers to the unlawful actions of an employer to pay at a lower unemployment insurance tax rate than should be assigned based on the employer’s experience with layoffs and payrolls. Most frequently, it involves merger, acquisition or restructuring schemes, especially those involving the shifting of workforce/payroll from one business entity to another.
Penalties include a higher unemployment insurance tax rate, monetary fines and even imprisonment. To avoid SUTA dumping penalties, please voluntarily notify the Division via the Business Transfer Report when workforce/payroll is shifted from one business entity to another and provide any requested information to the Division.
16. How can an employer file an appeal?
Employers can appeal a liability determination, a benefit charge, or a tax rate assignment in writing within 15 days of the decision. Follow instructions indicated on the forms you receive to determine how to submit your appeal.
The employer should include in the protest or appeal the employer's name, the employer's account number, the name and title of the individual submitting the protest, the date of the protest, and most importantly, the specific factual reason for the protest or appeal. The employer should attach any documentation that supports their contention. The Division of Unemployment Insurance will respond to the employer's protest by issuing a Review Determination.
17. Can I get information about my employer account online?
The BEACON system is your secure source for online employer information. You can use BEACON to:
You will need to activate your account in BEACON before logging in. Please visit the BEACON Account Activation and Registration for Employers and Third-Party Agents webpage for additional information.
For more information about using BEACON, see the BEACON Employer FAQs.
18. How does an employer change its address with the Division?
You may change your address online in BEACON. To do so, select “Account Maintenance” from your portal’s left menu, select “Employer Maintenance”, and add or modify an address under the Address Summary tab. For detailed instructions, see the Employer Account Maintenance BEACON tutorial video.
19. How can I ask questions or learn more about UI for employers?
If you have questions about any of the topics included on this webpage, contact the Division’s Employer Call Center at 410-949-0033 or toll free at 1-800-492-5524.
For more information about employer unemployment insurance obligations in Maryland, see: