2022 Delaware Relief Rebate Program was signed on April 14, 2022. More Info
Q. What are the due dates for tax year 2021?
A. Delaware due dates are the same as Federal.
Form type Paper Electronic W-2 1/31/2022 1/31/2022 1099-NEC 1099-MISC 2/28/2022 3/31/2022 1099-R
Q. Are there any changes for tax year 2021 data reported in 2022?
- Bulk submitters are required to submit form Delaware Form W-3 electronically. Bulk W-3 submission will be available in January 2022 through the Delaware Taxpayer Portal. Please register for a Portal account now if you do not have one.
Also, please note:
- Recent changes to Delaware Code require that additional types of 1099 forms be reported directly to Delaware. The Director of Revenue has waived the requirement for this year; submitters should plan for implementation in 2023, for TY22 reporting.
- Employers can file form W-3 through the Delaware Taxpayer Portal.
- Starting with TY22, Delaware form W-3 will be replaced by form WTH-REC.
- IRS form 1099-NEC is supported
(see “What 1099 forms must be reported to the Delaware Division of Revenue?”, below)
- Form 4804 is no longer required for 1099 submissions
- 1099 “State/Payer’s state no.” data should be entered in the Pub 1220 “B” record “Special Data Entries” area, as described below.
- EFW2 “RW” records should be included in W-2 submissions, as described below.
- Do not truncate the employee SSN on W-2 “Copy 1—For State, City, or Local Tax Department” or in the EFW2 “RS” record. All nine digits must be present.
Q. Does Delaware accept consolidated withholding tax payments for more than one employer/payer?
A. No. Withholding must be paid under the Federal Employer Identification Number of the entity that owes the tax, as shown on the printed W-2 or 1099-R form issued to the employee/payee. However, multiple employers can be reported in a single W-2 submission file, and multiple payers can be reported in a single 1099 submission file.
If forms W-2/1099 will be issued under multiple identification numbers, then Delaware withholding payments must be made under multiple identification numbers as well.
Q. What options are available for W-2 and 1099 submission?
A. Currently, there are two:
- online – Any employer/payer or bulk submitter may use online submission through our website.
- paper – Paper is accepted only for those employers/payers which are permitted to submit corresponding Federal information on paper. If you are not required to submit Federal data electronically, but choose to do so, you are permitted to submit to Delaware on paper.
Submissions on magnetic media are no longer accepted.
Q. What options are available for W-3 submission?
A. Currently, there are three:
Q. What special provisions or requirements are there for bulk submitters of W-2 and/or 1099 information to the Delaware Division of Revenue?
A. None. Reporting requirements, data formats, and procedures are the same whether the data is submitted directly by the employer, or by a third party.
Q. What 1099 forms must be reported to the Delaware Division of Revenue?
A. The duty to report 1099-MISC and 1099-NEC information to the Division of Revenue applies in the case of forms issued to Delaware residents (regardless of where services were performed) or to non-residents for work performed within Delaware. Forms 1099-R are required to be reported to Delaware in the case of any person issued a Form 1099-R on which Delaware taxes are reported as withheld.
Recent changes to Delaware Code require that additional types of 1099 forms be reported directly to Delaware. The Director of Revenue has waived the requirement for this year; submitters should plan for implementation in 2023, for TY22 reporting.
Q. Does Delaware participate in the combined Federal/State 1099 filing program?
A. Yes, but 1099-MISC, 1099-NEC, and 1099-R information is required to be submitted directly to the Delaware Division of Revenue.
Q. How do I prepare and file Form W-2c and Form W-3c with the Division of Revenue?
A. Form W-2c (Corrected Wage & Tax Statement) is used to make corrections on W-2 forms already issued. The form is used to make any and all corrections on previously issued W-2s from current or past years.
Form W-2c is prepared by entering both the previously incorrect information and also the corrected information. Only data you want corrected should be included on the W-2c form.
The Delaware Division of Revenue accepts W-2c and W-3c forms in paper format only. At this time, these forms cannot be electronically filed. Once completed, W-2c forms should be sent to the Division of Revenue at the post office box address listed below and also issued to employee(s) as soon as possible so that they can file their tax returns.
Q. What are the specifications for W-2 data files?
A. Delaware follows the SSA EFW2 specifications (formerly MMREF-1).
- Each data file should include RA, RE, RW, RS, and RF records. RT records are optional. (RV, RO, RT, and RU records will be ignored if present.)
- RS records are required for all employees with Delaware withholding, and must include the following:
Social Security Number
Name and address
City, state and zip code
Delaware wages and withholding
Numeric state code (“10” for Delaware)
Other fields in the state record may be left blank or zero-filled.
- RW records should include, at a minimum, SSN and the “Wages, Tips and Other Compensation” value.
- Employees without Delaware wages or withholding need not be reported.
- The RF record serves only as an end-of-file marker; the data fields in the RF record are ignored.
- An employer’s Delaware ID number is its 9-digit Federal employer ID.
- Corrections via the SSA EFW2C specifications are not supported at this time. A replacement file can be submitted; please contact firstname.lastname@example.org for more information.
- Multiple employers may be reported in one file.
- Multiple files may be submitted for the same employer.
Q. I have a PDF file from the SSA’s W-2/W-3 Online program. Can I submit this file to Delaware?
A. No, we do not currently accept PDF files. If you are permitted to file with SSA on paper, you can also file with Delaware on paper. Print the W-2 forms and mail them to us with Delaware Form W-3.
Q. Can I send Delaware the same EFW2 file I sent to SSA?
A. Only if it includes Delaware wage and withholding information. State information (in “RS” records) is optional in your submission to SSA, but required in your submission to Delaware.
Q. What are the specifications for 1099 data files?
A. Delaware follows the IRS Pub 1220 specifications.
- When “State/Payer’s state no.” is filled on paper forms 1099-R, MISC, or NEC, please enter the same two letter state abbreviation at position 663-664 in the B record, and the same state payer ID number at 665-684. The payer ID can be formatted as on the paper form, with or without hyphens. If less than 20 characters long, right-fill with spaces. When paper forms don’t use “State/Payer’s state no.”, these B record fields can be left blank.
- Corrections via the Pub 1220 specifications are supported.
Q. Can W-2 and 1099 data files contain delimiters?
A. Yes, either carriage returns or CR/LF pairs. Files of fixed length records with no delimiters are also accepted.
Q. Are compressed or encrypted files accepted?
A. Encrypted files are not accepted. Compressed (ZIP) files are accepted for W-2 and 1099 online submissions only.
Q. Is a utility provided to check the file format?
A. A W-2 or 1099 file can be submitted to the online test system (see below.) If processed successfully, e-mail will be sent to the address entered when the file was submitted, with a summary of the data found.
Q. What are the specifications for W-3 data files?
A. Starting in January 2022, W-3 data can be submitted in Excel or CSV format through the Delaware Taxpayer Portal. Detailed specifications will be available there.
Q. What are the reconciliation forms?
A. Delaware Form W-3 must be filed for each EIN under which Delaware withholding was reported on W-2 or 1099 forms. Please do not submit Federal form W-3 to Delaware!
For 1099 forms that don’t report Delaware withholding, there is no reconciliation form. IRS form 4804 is no longer required.
Q. Can more than one W-3 form be submitted for the same employer/payer?
A. In general, a single W-3 per EIN is preferred. However, we understand this is not always practical. Also, a paper W-3 should be part of each submission of paper W-2 or 1099-R forms (or other 1099 forms on which Delaware withholding is reported.)
Q. Do the reconciliation forms allow for reporting multiple employers/payers?
A. No. A separate form must be used for each employer or payer.
Q. When are the reconciliation forms due?
A. Delaware form W-3 is due January 31 (or the next business day), if all withholding for the EIN was reported on W-2 forms. If any withholding was reported on 1099-R forms, W-3 is due when the annual 1099 data submission is due (see table at top of page.)
Q. Is registration required for online submission?
A. Registration is not currently required for online submission of annual reports of W-2/1099 data. Online submission of single W-3 forms requires registration with the Delaware Taxpayer Portal. Bulk W-3 submission will be available in January 2022 and will also require registration.
Q. If online submission is used, how are the reconciliation forms submitted?
A. See “What options are available for W-3 submission?” above.
Q. Is there any requirement for the name of a file submitted online?
A. No, except that the combined name and extension (not including path) should be no more than 50 characters long (letters, numbers and spaces.) W-3 filenames must have extension .xlsx or .xls.
Q. Is there a limit to the size of a file submitted online?
A. Yes, W-2 and 1099 files are limited to 200 Mb. For information on bulk W-3 files, see the Delaware Taxpayer Portal.
Q. Is a test submission required?
Q. Is tech support available for online submission?
A. Yes, by e-mail to email@example.com
Q. Where is the website for online submission?
Q. Can test data be submitted online?
A. Yes, for W-2 and 1099 submissions, at https://dorweb.revenue.delaware.gov/testw2send/. Test submissions of W-3 data are not supported.
Q. Is the online system always available?
A. There is no scheduled downtime; it should be available 24 x 7.
W-2 filing requirements: Public Service, 302-577-8200, DOR_W2_1099@delaware.gov
1099 filing requirements: : DOR_W2_1099@delaware.gov.
File formats and the online submission process: firstname.lastname@example.org
Mail your paper forms (W-2, 1099, and W-3) to:
State of Delaware
Division of Revenue
P.O. Box 830
Wilmington, DE 19899
If you are unable to comply with any of the requirements stated here, please contact: DOR_W2_1099@delaware.gov to request a variance.