(a) Amended Returns

Effective January 1, 2000 the Division of Revenue has eliminated all amended returns. The new filing requirements for overpayment or underpayments are listed below:

At any time during the calendar year that you determine that an overpayment or underpayment of tax exists, make the adjustment in the amount you pay on the next return you are required to file. On the front of the return indicate the period for which the incorrect amount was paid and write an explanation for the overpayment or underpayment on the back of the return. The Division of Revenue will not refund overpayments that occur during the year, unless the amount of the overpayment is more than can be reasonably expected to be used during the rest of the calendar year. See the filing instructions in your coupon booklets for more detail. Credits not used by December 31st will be refunded with the filing of the Annual Reconciliation/Transmittal of Delaware Income Tax Withheld.

PLEASE NOTE: No credit of refund will be made to any employer if the employer was required to deduct Delaware Withholding Taxes from its employees. In such cases, the employee must file a Delaware personal income tax return to claim the over-withheld amount of taxes.

(b) Employee Under and Over Collections

If you deduct no tax, or less than the correct amount of tax from any wage payment, you may deduct the amount of the undercollection from later payments to the employee. However, you are liable for any underpayments.

If in any month or quarter you deduct more than the correct amount of tax from any wage payment, you should repay the over- collection to the employee. Keep as part of your records a written receipt from the employee showing the date and amount of the repayment. Every over – collection not receipted by the employee must be reported and paid with the return for the month in which the over-collection was made.

(c) Amended Annual Reconciliation

A claim for Revision form is to be used if after filing your original W-3, you find that an error was made on an Employee’s W-2 or on the amounts reported as being paid or other error made on the original filing of the W-3. Be sure to complete all information requested on this form. Do not send duplicate copies of all your W-2s. Only send W-2s for which a correction was made to the Delaware information. You do not need to file a corrected W-2 with us if only the Federal information is being corrected. If the State information pertaining to Delaware was correct on the original filing, do not send a corrected W-2 to us.

Withholding Statements - Form W-2