Enlarge image | Illinois Department of Revenue Use for tax year ending on or after December 31, 2023, and before December 31, 2024. IL-1065 Instructions 2023 What’s New? Table of Contents • The address change checkbox has been removed from Step 1, What’s New? ........................................................ 1 Line B, of the Form IL-1065. • IL-4562 has been expanded and includes 60 percent bonus General Information ............................................ 1 depreciation. • Investment partnerships are required to withhold partnership Specific Instructions ........................................... 8 income allocable to Illinois for their nonresident partners. • Schedule K-1-P(4) has been created to calculate investment Apportionment Formulas .................................. 15 partnership withholding for each of the investment partnership’s nonresident partners. Illinois Schedule B Instructions ....................... 18 • Schedule M has been expanded and includes a new subtraction line for cannabis establishments that had deductions disallowed Appendix A - Extension Tax Payment federally under IRC Section 280E. Worksheet .......................................................... 22 • Schedule B, Section B, has been reformatted from 4 columns to 3 columns. Appendix B - Pass-through Withholding • Illinois business payment vouchers are no longer year specific. To avoid processing delays, taxpayers submitting paper business Prepayment Worksheets................................... 23 vouchers to the Illinois Department of Revenue should ensure that the month and year of their filing period are entered on each Appendix C - Estimated Payment and voucher. Do not enter your estimated payment due date. Prepayment Worksheet..................................... 25 • Partnerships electing to make the election to pay pass-through entity (PTE) tax may now deduct distributions to retired partners when calculating base income subject to PTE tax. General Information Who must file Form IL-1065? Partnerships must complete Form IL-1065. Do not send a computer printout with line numbers and dollar amounts attached You must file Form IL-1065, Partnership Replacement Tax Return, to a blank copy of the return. Computer generated printouts are not if you are a partnership (see “Definitions to help you complete your acceptable, even if they are in the same format as IDOR’s forms. Form IL-1065”) and you have base income or loss as defined under Computer generated forms from an IDOR-approved software the Illinois Income Tax Act (IITA) allocable to Illinois. developer are acceptable. If you are a partnership organized for the sole purpose of playing the Illinois State Lottery, you are not required to file a Form IL-1065. If you are a member of a unitary business group, you may not file a combined return, but you may have special filing requirements. See A person transacting an insurance business organized under a the instructions for Illinois Schedule UB and “What if I am a member Lloyd’s plan of operation may file a Form IL-1065 on behalf of all its of a unitary group?” in the general instructions below for information underwriters, including corporations and residents. You must refer to about your filing requirements. 86 Ill. Adm. Code Section 100.5130, for specific instructions on how to properly complete Form IL-1065 and determine what you need to Form IL-1065 (R-12/23) is for tax year ending on or attach to your return. after December 31, 2023, and before December 31, 2024. For tax years ending on or after December 31, 2022, and before All underwriters who are members of an insurance business organized December 31, 2023, use the 2022 form. Using the wrong form will under a Lloyd’s plan of operation may be included on Form IL-1065. delay the processing of your return. No credit is allowed to any underwriter for its share of tax paid on Form IL-1065. How do I register my business? What forms must I use? If you are required to file Form IL-1065, you should register with In general, you must obtain and use forms prescribed by the Illinois IDOR. You may register Department of Revenue (IDOR). Separate statements not on forms • online with MyTax Illinois, our free online account management provided or approved by IDOR will not be accepted and you will program for taxpayers; be asked for appropriate documentation. Failure to comply with • by completing Form REG-1, Illinois Business Registration this requirement may result in failure to file penalties, a delay Application, and mailing it to the address on the form; or in the processing of your return, or a delay in the generation • by visiting a regional office. of any overpayment. Additionally, failure to submit appropriate documentation when requested may result in a referral to our Audit Visit our website at tax.illinois.gov for more information. Bureau for compliance action. IL-1065 Instructions (R-04/24) Printed by the authority of the state of Illinois - electronic only - one copy. Page 1 of 28 |
Enlarge image | Registering with IDOR prior to filing your return ensures that your We encourage you to make your payments electronically using tax returns are accurately processed. MyTax Illinois or Modernized E-File (MeF) systems, or you may Your identification numbers as an Illinois business taxpayer are use Form EFT-1, Authorization Agreement for Certain Electronic your federal employer identification number (FEIN) and your Illinois Payments, to set up an ACH credit or phone debit transaction. These account number. options can be found on our website at tax.illinois.gov. If you make your payments using MyTax Illinois, MeF, or EFT, do not mail us your When should I file? IL-1065-V forms. You must use one of our electronic payment options In general, Form IL-1065 is due on or before the 15th day of the if IDOR has notified you that you are required to make payments 4th month following the close of the tax year. electronically. If you are operating as a business organized under the Lloyd’s plan We will apply each payment to the earliest due date until that liability of operation, your due date is the same as your federal return due is paid, unless you provide specific instructions to apply it to another date. period. You may also be assessed a bad check penalty if your remittance is not honored by your financial institution. Automatic six-month extension — We grant you an automatic six-month extension of time to file your partnership tax return. The Who should sign the return? automatic extension of time to file is granted whether or not you Your Form IL-1065 must be signed by a partner or any other officer request it. You are not required to file a form in order to obtain this duly authorized to sign the return. In the case of a bankruptcy, a automatic extension. If you expect tax to be due, you must pay any receiver, trustee, or assignee must sign any return required to be tentative tax due, by the original due date of the return, in order to filed on behalf of the partnership. The signature verifies by written avoid interest and penalty on tax not paid by that date. To pay any declaration (and under penalties of perjury) that the signing individual tax due by the original due date of your return: has personally examined the return and the return is true, correct, • visit tax.illinois.gov, for information about ACH credit, and complete. The fact that an individual’s name is signed to a return • pay using mytax.illinois.gov, or is prima facie evidence that the individual is authorized to sign the • mail Form IL-1065-V, Payment Voucher for Partnership return on behalf of the partnership. Replacement Tax, using the address on the form. If you are operating as a business organized under the Lloyd’s plan of If an unpaid liability is disclosed when you file your return, then you operation, an officer of that plan must sign Form IL-1065. may owe penalty and interest charges in addition to the tax. See the Any person paid to prepare the return (other than a regular “What are the penalties and interest?” section below. An extension employee of the taxpayer, such as a clerk, secretary, or bookkeeper) of time to file your Form IL-1065 is not an extension of time for must provide a signature, date the return, enter the preparer tax payment of Illinois tax. identification number (PTIN) issued to them by the Internal Revenue If you are operating as a business organized under the Lloyd’s plan Service, and provide their firm’s name, FEIN, address, and phone of operation, the length of your Illinois automatic extension of time to number. file is the same as your federal extension. If your return is not signed, any overpayment of tax is Additional extensions beyond the automatic extension period — considered forfeited if, after notice and demand for signature, you fail We will grant an additional extension only if an extension is granted to provide a signature within three years from the date your return by the Internal Revenue Service (IRS) beyond the date of the Illinois was filed. automatic extension. Your additional Illinois extension will be for the What are the penalties and interest? length of time approved by the IRS. You must attach a copy of the Penalties — You will owe approved federal extension to your Form IL-1065. • a late-filing penalty if you do not file a processable return by the When should I pay? extended due date; Payment of tax — You must pay your Illinois Replacement Tax and • a late-payment penalty if you do not pay the tax you owe by the pass-through withholding reported on behalf of your members or PTE original due date of the return; tax in full on or before the original due date of the return. Failure to • a late-payment penalty for underpayment of estimated tax if pay the tax due on or before the original due date of the return may you were required to make estimated tax payments and failed to result in penalty and interest. This payment date applies even though do so, or failed to pay the required amount by the payment due an automatic extension for filing your return has been granted. All date; payments must be made using Form IL-1065-V, Payment Voucher for Partnership Replacement Tax. • a bad check penalty if your remittance is not honored by your financial institution; and Extension Payments — If you expect tax to be due, you must pay any tentative tax due by the original due date of the return using • a cost of collection fee if you do not pay the amount you owe Form IL-1065-V. See Appendix A for more information. within 30 days of the date printed on your bill. Estimated tax payments — Partnerships who elect to pay PTE Interest —Interest is calculated on tax from the day after the original tax and reasonably expect their total tax liability to exceed $500 are due date of your return through the date you pay the tax. required to make estimated tax payments using Form IL-1065-V. We will bill you for penalties and interest. For more information about Estimated payments are due on the 15th day of the 4th, 6th, 9th, and penalties and interest, see Publication 103, Penalties and Interest for 12th months of the tax year. All other partnerships are not required to Illinois Taxes. make estimated tax payments. See Appendix C for more information. Voluntary Prepayments — Partnerships who do not elect to pay What if I am discontinuing my business? PTE tax or partnerships who elect to pay PTE tax and reasonably Liquidation or withdrawal from Illinois — If you are a partnership expect their total tax liability to be less than $500, may make that is liquidated or withdraws either voluntarily or involuntarily from voluntary prepayments of their own tax liability using Form IL-1065-V. Illinois during any tax year, you are still required to file tax returns. Partnerships who do not elect to pay PTE tax may also use Form Also, we will pursue the assessment and collection of any taxes IL-1065-V to make pass-through withholding prepayments on owed by you or your partners. behalf of your partner. See Appendix B and Appendix C for more information. IL-1065 Instructions (R-04/24) Page 2 of 28 |
Enlarge image | Sales or transfers — If you are a partnership that, outside the usual For amended tax returns filed on or after January 1, 2024, course of business, sells or transfers the major part of any one or more of a late payment penalty will be assessed for any amended return not • the stock of goods which you are in the business of selling, filed and the resulting liability not paid within 120 days of the federal • the furniture or fixtures of your business, change. See 35 ILCS 735/3-3(b-25) for more information. • the machinery and equipment of your business, or What records must I keep? • the real property of your business, You must maintain books and records to substantiate any information you or the purchaser must complete and send us Form CBS-1, reported on your Form IL-1065. Your books and records must be Notice of Sale, Purchase, or Transfer of Business Assets, no later available for inspection by our authorized agents and employees. than 10 business days prior to the date the sale takes place. Send this form, along with copies of the sales contract and financing Do IDOR and the IRS exchange income agreement, to: tax information? ILLINOIS DEPARTMENT OF REVENUE The IRS and IDOR exchange income tax information for the purpose BULK SALES UNIT of verifying the accuracy of information reported on federal and PO BOX 19035 SPRINGFIELD IL 62794-9035 Illinois tax returns. All amounts you report on Form IL-1065 are subject to verification and audit. or REV.BulkSales@illinois.gov Should I round? You must round the dollar amounts on Form IL-1065 and What if I need to correct or change my return? accompanying schedules to whole-dollar amounts. To do this, you Do not file another Form IL-1065 with “amended” figures to change should drop any amount less than 50 cents and increase any amount your originally filed Form IL-1065. If you need to correct or change of 50 cents or more to the next higher dollar. your return after it has been filed, you must file Form IL-1065-X, Amended Partnership Replacement Tax Return. Returns filed before What if I have an Illinois net loss deduction the extended due date of the return are treated as your original (NLD)? return for all purposes. For more information, see Form IL-1065-X An Illinois net loss deduction (NLD) can be used to reduce the base instructions. income allocable to Illinois only if the loss year return has been filed You should file Form IL-1065-X only after you have filed a processable and to the extent the loss was not used to offset income from any Illinois Income Tax return. You must file a separate Form IL-1065-X for other tax year. S corporations and partnerships, including any that each tax year you wish to change. are members of a unitary group, trusts, and non-unitary corporations State changes only — File Form IL-1065-X promptly if you discover should use the Illinois Schedule NLD, Illinois Net Loss Deduction, to an error on your Illinois return that does not relate to an error on your determine any NLD. federal return but rather was caused by To determine your “Illinois net loss” start with federal taxable income • a mistake in transferring information from your federal return to your and apply all addition and subtraction modifications and all allocation Illinois return; and apportionment provisions. • failing to report or misreporting to Illinois an item that has no effect on In order to have any available NLD applied to your return, you must your federal return; or claim the deduction on Step 7, Line 48. See specific instructions for Step 7, Line 48. • a mistake in another state’s tax return that affects the computation of your Illinois tax liability. If you have an Illinois net loss for this tax year, you must file Form IL-1065 reporting the loss in order to carry the loss forward to If you are claiming an overpayment, Form IL-1065-X must be filed within another year. three years after the extended due date or the date the return was filed, or within one year after the tax giving rise to the overpayment was paid, If corrections have been made to the loss amount (e.g., federal audit whichever is latest. or amended return), you must report the corrected amount when you file. Federal changes only — File Form IL-1065-X if you have filed an Ensure you have filed returns for all periods in which you amended federal return or if you have been notified by the IRS that they were required to file an Illinois return. Unfiled returns may result in have made changes to your return. This includes any change in your disallowed losses, processing delays, and further correspondence federal income tax liability, any tax credit, or the computation of your from IDOR. federal taxable income as reported for federal income tax purposes, if the change affects any item entering into the computation of net income, If you need more information about Illinois NLD, see Schedule net loss, or any credit for any year under the IITA. You must file Form NLD instructions or the 86 Ill. Adm. Code Sections 100.2050 IL-1065-X no later than 120 days after the federal changes have been and 100.2300 through 100.2330, available on our website at agreed to or finally determined to avoid a late-payment penalty. tax.illinois.gov. If your federal change decreases the tax due to Illinois and What are the carry provisions of the Illinois NLD? you are entitled to a refund or credit carryforward, you must file For tax years ending on or after December 31, 2021, Illinois net Form IL-1065-X within two years plus 120 days of federal finalization. losses cannot be carried back and can only be carried forward for Attach a copy of federal finalization or proof of acceptance from the 20 tax years. IRS along with a copy of your amended federal form, if applicable, to For tax years ending on or after December 31, 2003, and before your Form IL-1065-X. Examples of federal finalization include a copy December 31, 2021, Illinois net losses cannot be carried back, and of one or more of the following items: can only be carried forward for 12 years. However, the carryover • your audit report from the IRS and period of any net loss that had not expired as of November 16, 2021, • your federal record of account verifying your ordinary business shall be extended from 12 years to 20 years. income. IL-1065 Instructions (R-04/24) Page 3 of 28 |
Enlarge image | For tax years ending on or after December 31, 1999, and before Schedule B, Partners’ or Shareholders’ Information, must be December 31, 2003, all Illinois net losses must be carried back two completed and attached to all Form IL-1065 filings. years (unless an election to only carry forward is made) then forward You are required to attach any Schedule(s) K-1-P, Partner’s 20 years. The election to carry a loss forward only was made by or Shareholder’s Share of Income, Deductions, Credits, and checking the appropriate box on the original or amended loss-year Recapture, and Schedule(s) K-1-T, Beneficiary’s Share of Income return, whichever showed the loss first. Once the election was made and Deductions, you receive. Attach Schedule(s) K-1-P and to forgo the Illinois carryback provision, the election was irrevocable. K-1-T you received which lists your name and FEIN in Step 2 of Losses incurred in tax years ending before December 31, 1999, Schedule K-1-P or K-1-T. Do not attach copies of Schedule(s) K-1-P can be carried back and carried forward for the periods allowed you issued and which lists your name and FEIN in Step 1 of under Internal Revenue Code (IRC) Section 172, for the tax year in Schedule K-1-P. which the loss was incurred. In general, losses incurred in tax years When filing your Form IL-1065, include only forms and beginning schedules required to support your return. Send correspondence • after August 5, 1997, and ending before December 31, 1999, separately to: must be carried back two years, then forward 20 years. ILLINOIS DEPARTMENT OF REVENUE • on or before August 5, 1997, must be carried back three years, TAXPAYER CORRESPONDENCE then forward 15 years. PO BOX 19044 For tax years ending on or after December 31, 1996, and SPRINGFIELD IL 62794-9044 before December 31, 2003, you may have made the election to forgo any of the previously mentioned Illinois NLD carryback periods by Definitions to help you complete your Form IL-1065 checking the appropriate box on your loss year return. This election All references to “income” include losses. must have been made by the extended due date of your return and Base income means federal ordinary income plus separately stated once made was irrevocable for that tax year. items, modified by additions and subtractions as shown in Steps In addition, the special carryover periods in IRC Section 172, as in 2 through 5 of Form IL-1065. See specific instructions for Steps 2 effect for a particular tax year, would apply to losses incurred in that through 5. year. For example, a “specified liability loss” incurred in 1998 may be Business income means all income (other than compensation) that carried back 10 years under IRC Section 172(b)(1)(c). may be apportioned by formula among the states in which you are Also, no limitations under IRC Section 382 or the separate return doing business without violating the Constitution of the United States. limitation year provisions of the federal consolidated return All income of a partnership is business income unless it is clearly regulations apply to any NLD carryover. attributable to only one state and is earned or received through activities totally unrelated to any business you are conducting in more What is the standard exemption? than one state. Business income is net of all deductions attributable The standard exemption is $1,000 multiplied by a fraction in which to that income. the numerator is your base income allocable to Illinois and the Commercial domicile means the principal place from which your denominator is your total base income. If you have a change in your trade or business is directed or managed. tax year end, and the result is a tax period of less than 12 months, means all income other than business income Nonbusiness income the standard exemption is prorated based on the number of days in or compensation. For more information about the different types of the short tax year. However, if this is your first or final return, you are nonbusiness income, see the instructions for Illinois Schedule NB, allowed to use the full-year standard exemption even if it is a short Nonbusiness Income. tax year. If you need further information, see 35 ILCS 401(b). A partnership is an entity that is treated as a partnership for federal For tax years beginning on or after January 1, 2017, the income tax purposes. A partnership that elects an IRC Section 761 standard exemption may not be claimed if your unmodified base exclusion from the federal partnership provisions is also excluded for income is $250,000 or more. See Specific Instructions for more purposes of the IITA. information. Partner includes a person treated as a partner for federal income tax What attachments do I need? purposes. When filing your return there are certain types of income items A resident partner means and subtraction modifications that require the attachment of • an individual who is present in Illinois for other than a temporary or Illinois or federal forms and schedules. Breakdowns, statements, transitory purpose; and other documentation may also be required. Instructions for • an individual who is absent from Illinois for a temporary or these attachments appear throughout the specific instructions for transitory purpose but who is domiciled in Illinois; completing your return. • the estate of a decedent who at his or her death was domiciled in If you are operating as a business organized under the Lloyd’s Illinois; plan of operation, refer to 86 Ill. Adm. Code Section 100.5130, to determine what you need to attach to your Form IL-1065. • a trust created by a will of a decedent who at his or her death was domiciled in Illinois; or All Illinois forms and schedules include an “IL Attachment No.” in the upper right corner of the form. Required attachments • an irrevocable trust if the grantor was domiciled in Illinois at the should be ordered numerically behind the tax return, as indicated by time the trust became irrevocable. For purposes of this definition, the IL Attachment No. Failure to attach forms and schedules in the a trust is irrevocable to the extent that the grantor is not treated proper order may result in processing delays. as the owner of the trust under IRC Sections 671 through 678. For a more detailed explanation of “domicile” and “resident,” see Required copies of documentation from your federal return or other the General Instructions for Form IL-1040, Individual Income Tax sources should be attached behind the completed Illinois return. Return. You must attach a copy of your U.S. Form 1065, Pages 1 through 5, Nonresident partner means a partner who is not a resident of to your Illinois return if you are required to file federally. Illinois, as defined previously. IL-1065 Instructions (R-04/24) Page 4 of 28 |
Enlarge image | A pass-through entity is any entity treated as a partnership, All residents and pass-through entities must file their own annual subchapter S corporation, or trust for federal income tax purposes. Illinois Income Tax return and claim a credit for any pass-through Pass-through entity income is the income that any partnership, withholding reported to them. subchapter S corporation, or trust passes through to its partners, Investment partnership withholding is the amount required to shareholders, or beneficiaries. be reported and paid by the investment partnership on behalf of PTE tax is an amount equal to 4.95 percent (.0495) of the taxpayer’s its nonresident partners who have received partnership income calculated net income for the taxable year paid by a partnership allocable to Illinois. (other than a publicly traded partnership under Section 7704 of the Investment partnership withholding is Internal Revenue Code) or subchapter S corporation who elects to • reported to your partners on Line 55 of the Schedule K-1-P you pay the tax for taxable years ending on or after December 31, 2021, send to them, and beginning prior to January 1, 2026. • reported to IDOR on Form IL-1065, Line 59b, and on Schedule B, PTE tax credit is the distributive share of the credit allowed as a and result of a partnership or S corporation having elected to pay the • paid with your return or prepaid with Form IL-1065-V. PTE tax. PTE tax credit is Form IL-1000-E, Certificate of Exemption for Pass-through Withholding, will not exempt an investment partnership from • reported to your partners on the Schedule K-1-P and investment partnership withholding. • reported to IDOR on your Form IL-1065 and Illinois Schedule B. A nonresident individual partner of a partnership for a taxable year What if I am an investment partnership? in which the election to pay PTE tax was made shall not be required Effective for tax years ending on or after December 31, 2004, any to file an income tax return under the IITA for such taxable year if partnership that qualifies as an “investment partnership” as defined in the only source of net income of the individual (or the individual the IITA, shall not be subject to replacement tax. and the individual’s spouse in the case of a joint return) is from an For tax years ending on or after December 31, 2023, any partnership entity making the PTE election and the credit allowed to the partner that qualifies as an “investment partnership” as defined in the equals or exceeds the individual’s liability for the tax imposed under IITA Section 1501(a)(11.5)(A-5) is required to withhold for their subsections (a) and (b) of Section 201 of the IITA for the taxable nonresident partners the partner’s share of partnership income year. allocable to Illinois. See 35 ILCS 5/709.5(d) for more information. Pass-through withholding is the amount required to be reported Investment partnerships with nonresident partners must complete and paid by the pass-through entity, who does not elect to pay and submit Form IL-1065 to report their investment partnership PTE tax, on behalf of its nonresident partners, shareholders, and withholding. Investment partnerships will calculate the investment beneficiaries partnership withholding for each nonresident partner using Illinois • who have not submitted Form IL-1000-E, Certificate of Exemption Schedule K-1-P(4), Investment Partnership Withholding Calculation for Pass-through Withholding, to the pass-through entity, and for Nonresident Partners, will carry the withholding amounts from Schedule(s) K-1-P(4) to Illinois Schedule B, and enter the total • who receive business and nonbusiness income from the amount on Form IL-1065 or Form IL-1065-X. pass-through entity. If the investment partnership has no income subject to Pass-through withholding is investment partnership withholding, the investment partnership is not • reported to your partners on the Schedule K-1-P you send to them, required to file Form IL-1065. • reported to IDOR on your Form IL-1065 and Illinois Schedule B, Investment partnerships may elect to pay PTE tax for their partners. and However, electing to pay PTE tax does not exempt the investment • paid with your return or voluntarily prepaid with Form IL-1065-V. partnership from investment partnership withholding. Instead, investment partnerships must calculate their investment partnership If any of your partners are pass-through entities themselves, withholding prior to calculating the PTE tax. The income subject they are required to report and pay pass-through withholding to investment partnership withholding will be deducted from the on behalf of their own nonresident partners, shareholders, or base income used to calculate PTE tax prior to making the PTE tax beneficiaries on the income you passed through. Your partners may calculation. See the PTE Tax Worksheet in these instructions for claim a credit on their Illinois Income Tax return for pass-through more information. withholding you reported and paid on their behalf. Partnerships, including investment partnerships, are Partnerships can both make and receive pass-through withholding. required to make estimated tax payments if they elect to pay PTE • Pass-through withholding you owe on behalf of your tax and their total tax liability is reasonably expected to exceed members is a payment of pass-through withholding you make on $500. Failure to make estimated tax payments or failure to make behalf of your nonresident partners who have not submitted Form the required amount of estimated tax payments will result in late- IL-1000-E to you. This amount will be reported on Form IL-1065, payment penalties for underpayment of estimated tax. For more Line 59a. information about penalties, see Publication 103, Penalties and • Pass-through withholding reported to you is a credit for Interest for Illinois Taxes. pass-through withholding you receive on Schedules K-1-P and To report the investment partnership withholding on Form IL-1065, K-1-T as a partner, shareholder, or beneficiary of a pass-through • for investment partnerships that are only filing to pay entity. This amount will be reported on Form IL-1065, Line 65c. investment partnership withholding - check the appropriate If you are a nonresident and the pass-through withholding reported to box on Form IL-1065, Line F, and enter the total amount of you satisfies your Illinois Income Tax liability, you are not required to investment partnership withholding on Form IL-1065, Line 59b. file an Illinois Income Tax return. If you had Illinois income from other Complete the remainder of the return with the appropriate sources and the pass-through withholding made on your behalf does figures. Investment partnerships are also required to complete not cover your liability, you must file a return to report the tax on all of all applicable lines of Schedule B. your Illinois income and claim a credit for pass-through withholding made on your behalf. IL-1065 Instructions (R-04/24) Page 5 of 28 |
Enlarge image | • for investment partnerships electing to file a completed to each partner. Do not file copies of Illinois Schedule K-1-P Form IL-1065 with IDOR - check the appropriate box on Form that you issue to your partners with your Form IL-1065. IL-1065, Line F, and complete the return with the appropriate However, you must keep a copy of each Illinois Schedule K-1-P with figures. Enter zero on Step 6, Lines 36 through 46, and Step your tax records. See Illinois Schedule K-1-P(1), Instructions for 7, Line 47. Enter the total amount of investment partnership Partnerships and S Corporations Completing Schedule K-1-P and withholding on Form IL-1065, Line 59b. Complete the Schedule K-1-P(3), for more information. remainder of the return with the appropriate figures. Investment You must use Illinois Schedule K-1-P(3), Pass-through Withholding partnerships are also required to complete all applicable lines of Calculation for Nonresident Members, to calculate the required tax Schedule B. you must report and pay on behalf of your nonresident partners who All investment partnerships must also complete receive business or nonbusiness income from your partnership. You • Illinois Schedule K-1-P(4) for each of their nonresident partners, must complete the schedule if you have business or nonbusiness income distributable to Illinois nonresident partners who have not provided • Illinois Schedule K-1-P for each of their partners (and distribute you with Form IL-1000-E, Certificate of Exemption for Pass-through the Schedules K-1-P to the partners), Withholding. You are required to complete Schedule K-1-P(3) for each • Schedule B, Section B, Lines A through C, for each of their such partner and keep a copy of the completed schedule in your files. partners if the investment partnership files Form IL-1065, and Do not submit Schedule K-1-P(3) to IDOR unless we request it • Schedule B, Section B, Line J, to report the amount of from you. The information entered on this schedule will assist you investment partnership withholding withheld for each applicable in completing Illinois Schedule B. See Schedule K-1-P(1) for more partner as calculated on the corresponding Schedule K-1-P(4), information. Line 14, if the investment partnership files Form IL-1065. You must use Illinois Schedule B to supply us with a listing of your In addition, each amount entered on Schedule B, partners, certain items of income and credits they received from you, Section B, Line J, must be carried to the applicable line of and pass-through withholding you made on their behalf. You must Schedule B, Section A, Lines 4a through 4e, and added to complete all lines of Illinois Schedule B, as applicable, and file it with the total to be entered on Schedule B, Section A, Line 5. For your Form IL-1065. reporting purposes, treat any investment partnership withholding amounts entered on Schedule B, Section B, Line J, as if they What if I am a member of a unitary group? were pass-through withholding amounts, with the exception Partnerships may not join in the filing of a combined return. However, that the amount from Schedule B, Section A, Line 5, would be you may be required to file a separate unitary return, and file a entered on Form IL-1065, Line 59b, rather than on Line 59a. Schedule UB, Combined Apportionment for Unitary Business Group, Investment partnerships making the election to pay PTE tax must to apportion your business income. also complete If the following applies, do not file a Schedule UB: If a partnership • all other applicable lines of Schedule B, Section B (most notably is engaged in a unitary business with one or more of its partners, Lines K and L), for each of their partners, and but the unitary partners do not own substantially all of the interest • Schedule B, Section A, Lines 6 and 7. in the partnership, the partnership should not be included on a Schedule UB with the partners. Substantial ownership is defined as See the specific form, schedule, or line instructions for more detail. owning more than 90 percent of all the interest in the partnership. Credit for investment partnership withholding is distributed to If a Schedule UB should not be filed, each unitary partner must partners on Illinois Schedule K-1-P, Step 7, Line 55. Partners in an determine the portion of its business income taxed by Illinois investment partnership may not be eligible to claim an investment by adding its share of that partnership’s business income and partnership withholding credit reported to them by an investment apportionment factors (Illinois and everywhere) to its own business partnership. See Schedule K-1-P(2) for information about when a income and apportionment factors (Illinois and everywhere). This rule partner may claim investment partnership withholding credit. applies to you if you are unitary with one or more of your partners or if you are a partner in another partnership and are engaged in a What if I am a publicly-traded partnership? unitary business with that partnership. See 86 Ill. Adm. Code Section A publicly-traded partnership is not required to withhold tax from its 100.3380(d), for more information. partners. A publicly-traded partnership cannot elect to file and pay If the following applies, you must file a Schedule UB: If you PTE tax. are a partnership who is a shareholder in a corporation and are engaged in a unitary business with that corporation, or if you are What does taxable in other states mean? owned more than 90 percent by members of your unitary business Taxable in other states means you are subject to and actually pay group (determined without regard to the rule prohibiting taxpayers “tax” in another state. “Tax” means net income tax, franchise tax who use different apportionment formulas from being included in a measured by net income, or franchise tax for the privilege of doing unitary business group and the rule prohibiting taxpayers conducting business. You are considered taxable in another state if that state 80 percent or more of their business activities outside the United has jurisdiction to subject you to a net income tax even though that States from being included in a unitary business group), and you: state does not impose such a tax. This definition is for purposes of • use the same taxable year as a combined group that includes allocating nonbusiness income and apportioning business income your partners or your subsidiary, you should use the Schedule inside or outside Illinois. UB prepared by the combined group in completing your Form IL-1065; When must I use Illinois Schedules K-1-P, • use a different taxable year from the combined group that K-1-P(3), and B? includes your partners or your subsidiary, or there is no You must use Illinois Schedule K-1-P to supply each partner with combined group, you must complete your own Schedule UB that individual’s or entity’s share of the amounts reported on your using your own taxable year. federal and Illinois tax returns. For Illinois Income Tax purposes, you must give a completed Illinois Schedule K-1-P and a copy of the Illinois Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, IL-1065 Instructions (R-04/24) Page 6 of 28 |
Enlarge image | If you are required to file a Schedule UB: Use the line reference • Mail the first copy of the federal disclosure statement to: chart in the Schedule UB instructions to help complete your Form ILLINOIS DEPARTMENT OF REVENUE IL-1065. Steps 2 and 3 of your Form IL-1065 must be completed PO BOX 19029 showing only your separate-company items. The amounts on your SPRINGFIELD IL 62794-9029 Form IL-1065, lines 14 through 22 (less Lines 20 and 21) and Lines • Attach the second copy to your Illinois Income Tax return for the 24 through 33 (less Line 25, 26, and 27) shall be the combined totals tax year that the IRS disclosure was required. Mail the second shown on Schedule UB, Step 3, Column E. copy and your Illinois Income Tax return to the address shown on Notes concerning specific Form IL-1065 income modifications: your return. Do not mail the second copy and your Illinois Income • The addition modification for guaranteed payments on Form Tax return to the address listed above. IL-1065, Line 20, should be zero. This addition modification for all What if I need additional assistance or forms? partnerships included on the Schedule UB is included in the “other additions” on Schedule UB, Step 3, Column E, Line 8, and so • For assistance, forms, or schedules, visit included in Line 22 of the Form IL-1065. our website at tax.illinois.gov or scan the QR code provided. • The subtraction modifications for August 1, 1969, valuation limitation amounts on Form IL-1065, Line 25, and personal service • Write us at: income or reasonable allowance for compensation of partners ILLINOIS DEPARTMENT OF REVENUE on Form IL-1065, Line 26, should be zero. These subtraction PO BOX 19001 modifications for all partnerships included on the Schedule UB SPRINGFIELD IL 62794-9001 are included in the “other subtractions” on Schedule UB, Step 3, • Call 1 800 732-8866 or 217 782-3336 (TTY Column E, Line 21, and so included in Line 33 of the Form IL- at 1 800 544-5304). 1065. • Visit a taxpayer assistance office - 8:00 a.m. to 5:00 p.m. • The modifications for Form IL-1065, Lines 21 and 27 are not (Springfield office) and 8:30 a.m. to 5:00 p.m. (all other offices), included as modifications on the Schedule UB. The amount Monday through Friday. on your Form IL-1065, Lines 21 or 27, must be computed on the Illinois Schedule B, Column E Worksheet, found in these Where should I file? instructions. Carry the combined total amounts from Schedule UB, File electronically - Step 3, Column E for each line item of the Column E Worksheet. • Modernized e-File (MeF) Use the Line 21 and Line 27 amounts to compute your base income • Third-party Tax-Prep Software on Form IL-1065 Line 35. Check the box on Form IL-1065, Line 35 B, and complete Form IL-1065, Step 6 by subtracting: File on paper - • on Line 36, the combined nonbusiness income of the entire • If a payment is enclosed, mail your Form IL-1065 to: unitary business group, minus the portion allocable to partners ILLINOIS DEPARTMENT OF REVENUE subject to replacement tax, and PO BOX 19053 SPRINGFIELD IL 62794-9053 • on Line 37, the amount received by the entire unitary business group from non-unitary partnerships, partnerships included on • If a payment is not enclosed, mail your Form IL-1065 to: the Schedule UB, S corporations, trusts, and estates, minus the ILLINOIS DEPARTMENT OF REVENUE portion allocable to partners subject to replacement tax. PO BOX 19031 SPRINGFIELD IL 62794-9031 On Form IL-1065, Step 6, Line 40, include the everywhere sales amount from Schedule UB, Step 4, Column D, Line 2. On Line 41 of If you are operating as a business organized under the Lloyd’s plan Step 6 of Form IL-1065, include your Illinois sales. On Form IL-1065, of operation, you should mail your Form IL-1065 to: Step 6, Lines 44 and 45, include only your separate-company ATTN: LLOYD’S OF LONDON nonbusiness income, and the business income or loss apportionable BUSINESS PROCESSING DIVISION to Illinois you received from trusts, estates, non-unitary partnerships, PO BOX 19014 partnerships included on the Schedule UB, and S corporations SPRINGFIELD IL 62794-9014 minus the portion of those amounts allocable to partners subject to replacement tax. Schedules used to compute any amounts shown must be attached to Form IL-1065. If you need more information, visit our web site at tax.illinois.gov and view the 86 Ill. Adm. Code Section 100 referenced in these instructions and in the Schedule UB instructions. What if I participated in a reportable transaction? If you participated in a reportable transaction, including a “listed transaction,” during this tax year and were required to disclose that transaction to the IRS, you are also required to disclose that information to Illinois. You must send us two copies of the form you used to disclose the transaction to the IRS. IL-1065 Instructions (R-04/24) Page 7 of 28 |
Enlarge image | Specific Instructions Specific instructions for most of the lines are provided on the P — If you are required to disclose reportable transactions and following pages. If a specific line is not referenced, follow the you have completed federal Form 8886 or federal Schedule M-3, instructions on the form. Part II, Line 10, check the appropriate box and attach a copy of the federal form or schedule to this return. See “What if I participated in a Step 1 — Identify your partnership reportable transaction?” for more information. A — All taxpayers: Type or print your legal business name. If you Q — If you are claiming a special depreciation addition or have a name change from last year, check the corresponding box. subtraction modifications on Form IL-1065, check the box and attach B — Type or print your mailing address. Form IL-4562, Special Depreciation, to your tax return. Any related correspondence issued by IDOR will be mailed R — If you are claiming other addition or subtraction modifications on to the address entered on Step 1, Line B. Form IL-1065, check the box and attach Schedule M, Other Additions C — If this is your first or final return, check the appropriate box and and Subtractions (for businesses), to your tax return. the box on Line 68 if you have a credit carryforward on your final S — If you are claiming related-party expenses modifications on return. your Form IL-1065, check the box and attach Schedule 80/20, D — If you checked final return on Line C, answer the questions on Related-Party Expenses, to your tax return. Line D, if applicable. T — Check the box if you are claiming deductions or credits listed E — Apportionment Formulas - If you earn income both inside and on Illinois Schedule 1299-A, Tax Subtractions and Credits. You must outside of Illinois, check the appropriate box(es). If you are a unitary check the box and attach Illinois Schedule 1299-A and any other business group, check as many boxes as applicable. If more than required support listed on Schedule 1299-A to your tax return to one box is checked, you must complete a Subgroup Schedule for support any deductions or credits you are claiming or passing to your each checked box that is not a sales company. If you earn income partners. only inside Illinois, leave this line blank. For more information, see U — Check this box only if you have sales into Illinois and you are the specific instructions for “Apportionment Formulas.” not required to allocate them because you are protected by Public F — Check the appropriate box if: Law 86-272. Complete Steps 1 through 7 of the IL-1065. • you are an investment partnership. See “What if I am an V — If you are attaching Subgroup Schedule to your Schedule investment partnership?” under General Information for more UB, check the box. See Subgroup Schedule and Schedule UB information; or instructions for more information. • you are a publicly-traded partnership. See “What if I am a You must complete an IDOR-issued or previously publicly-traded partnership?” under General Information for more approved Form IL-1065 and corresponding schedules. Do not information. send a computer printout or spreadsheets with line numbers and dollar amounts attached to a blank copy of the return. G — Check the box if you are making the election to not be treated as a partnership under IRC Section 761. If you are operating a business organized under a Lloyd’s plan of operation, you must refer to 86 Ill. Adm. Code Section 100.5130, for H — Check this box if you are a 52/53-week filer. A 52/53-week specific instructions on how to properly complete Form IL-1065. filer is a fiscal filer with a tax year that varies from 52 to 53 weeks because their tax year ends on the same day of the week instead of the last day of the month. Step 2 — Figure your ordinary income or loss I — Check this box if you elect to file and pay PTE tax in an amount — Enter the amount for each line item from Lines 1 through 5 the corresponding line(s) on your U.S. Form 1065, Schedule K. Attach equal to 4.95 percent (.0495) of the taxpayer’s calculated net income a copy of your federal return. See the chart below to determine the for the taxable year on Line 61. correct corresponding lines. J — Check this box if you are paying Pass-through Entity (PTE) Tax U.S. Form 1065, and you annualized your income on Form IL-2220, Computation of Form IL-1065 Penalties for Businesses. Attach Form IL-2220. Schedule K K — Enter your entire federal employer identification number (FEIN). Line 1 Line 1 A partial FEIN will delay processing of your return. Line 2 Line 2 L — If you are a member of a unitary business group and are Line 3 Line 3c included on a Schedule UB, Combined Apportionment for Unitary Line 4 Lines 5, 6a, 7, 8, 9a Business Group, check the box. Enter the entire FEIN of the member who prepared the Illinois Schedule UB and attach the Schedule UB Line 5 Line 10 to this return. Under federal law, Paycheck Protection Program (PPP) M — Enter your North American Industry Classification System loan forgiveness is not considered taxable income and the business (NAICS) Code. If you are unsure of your code, you can research the expenses covered by the PPP loan proceeds are deductible information at www.census.gov/naics or www.irs.gov. business expenses. Currently, Illinois tax law has no addition N — If you keep your accounting records in a location different from modification to change this; therefore, the same treatment flows the address indicated on Line B, enter the city, the two-letter state through to the Illinois return and is included as part of federal taxable abbreviation, and the Zip Code for the location the records are kept. income. O — If you are making the election to treat all of your income other Line 6 — Include any items of income or loss from U.S. Form 1065, than compensation as business income for this tax year, you must Schedule K, that are not included on any other line of Step 2 or Step check the box on this line and enter zero on Step 6, Lines 36 and 3 of this Form IL-1065. 44. This election must be made by the extended due date of this return. Once made, the election is irrevocable. IL-1065 Instructions (R-04/24) Page 8 of 28 |
Enlarge image | Step 3 — Figure your unmodified base income Some interest and intangible expenses may be exempt from this add-back provision. See Illinois Schedule 80/20 Instructions for more or loss information including definitions of “affiliated company,” “intangible Lines 8 through 10 — Enter the amount for each line item from expenses,” and “intangible assets.” the corresponding line on your U.S. Form 1065, Schedule K. See the chart below to determine the correct corresponding lines. Line 19 — If you are a partner in a partnership, a shareholder in a subchapter S corporation, or a beneficiary of a trust or an U.S. Form 1065, estate, include your distributive share of additions received from the Form IL-1065 partnership, S corporation, trust or estate on Schedules K-1-P or Schedule K K-1-T. If you receive multiple schedules because you are a recipient Sum of Lines 13a Line 8 from multiple entities, you should enter the combined total of Step and 13b 5, Column A, Lines 32 through 37, from all Illinois Schedules K-1-P Line 9 Line 12 you receive and Step 5, Column A, Lines 30 through 35, from all Line 10 Line 13c Illinois Schedules K-1-T you receive. Attach a copy of all Illinois Schedules K-1-P and K-1-T you received to your form IL-1065. Line 11 — Include any items of expense The S corporation or the partnership is required to send • that you are required to state separately to your partners, rather you an Illinois Schedule K-1-P and the trust or the estate is required than include in ordinary income, and to send you an Illinois Schedule K-1-T, specifically identifying your • that would be taken into account by an individual in computing his share of income. or her taxable income, and Include only additions reported to you on the • that are not included on any other line of Step 2 or Step 3 of this Schedule(s) K-1-P or K-1-T you received from a pass-through entity Form IL-1065. in which you are an investing partner or shareholder or a beneficiary. Do not include any of the following items on this line: Do not attach copies of Schedules K-1-P you issued to your partners. You should keep copies of these schedules in your records. • net operating loss carryovers; • any qualified business income deduction allowed under Line 20 — Enter the guaranteed payments to partners from U.S. Form 1065, Schedule K, Line 4, excluding the amounts you IRC Section 199A; capitalized. • any depletion amounts allowed federally on all of your oil and gas properties; and Line 21 — Complete Illinois Schedule B. Illinois Schedule B, Section A, Line 3 represents the share of distributable income or • any excess business interest expense under IRC Section 163(j). loss that is to be added to or subtracted from base income. If the Line 13 — This is your total unmodified base income or loss. If total amount on Illinois Schedule B, Section A, Line 3 is a negative you are a member of a unitary group see “What if I am a member amount (loss), it should be entered on Line 21 as a positive amount. of a unitary group?” in the General Instructions for what to enter on See the “Illinois Schedule B Instructions” following these “Specific Line 13. Instructions” for more information. Attach Illinois Schedule B to your Form IL-1065. Step 4 — Figure your income or loss Line 22 — Enter the addition amount calculated on Illinois Line 14 — Follow the instructions on the form. If you are a member Schedule M, Step 2, Line 11. Attach a copy of Illinois Schedule of a unitary group see “What if I am a member of a unitary group?” in M to your Form IL-1065. The following are examples of items the General Instructions for what to enter on Line 14. that must be added to taxable income and are included on Illinois Do not enter negative amounts on Lines 15 through 22. Schedule M. Line 15 — Enter the total of all amounts excluded from unmodified • Notes, bonds, debentures, or obligations issued by the base income that were received or accrued as federally tax-exempt Governments of Guam, American Samoa, Puerto Rico, the interest (e.g. state, municipal and other interest) and all distributions Northern Mariana Islands, or the Virgin Islands. of exempt interest received from regulated investment companies • Lloyd’s plan of operations loss if reported on your behalf on during the tax year. Form IL-1065, Partnership Replacement Tax Return, and included Line 16 — You must add back any amount of Illinois Replacement in your taxable income. taxes that you deducted on your U.S. Form 1065 to arrive at your • Deductions you claimed this year and in your two most federal ordinary income. You are not required to add back taxes from recent tax years for expenses connected with income from other states that you included as a federal deduction. an asset or activity which were reported as business income A partnership that elects to pay PTE tax must add back the amount in prior years and as nonbusiness income on this return. See of that tax deducted federally, in addition to the add back for Illinois Schedule NB, Nonbusiness Income, Line 11, and Illinois replacement tax deducted. Schedule NB Instructions for more information. Line 17 — Enter the addition amount calculated on Form IL-4562, Step 2, Line 4. For more information, see Form IL-4562 Instructions. Step 5 — Figure your base income or loss Attach Form IL-4562 to your Form IL-1065. Do not enter negative amounts on Lines 24 through 34. Line 18 — Enter the interest or intangible expenses, or insurance A double deduction is prohibited by IITA, Section 203(g). premiums paid to an affiliated company, to the extent these expenses You cannot deduct the same item more than once. exceed any taxable dividends you received from the affiliated Line 24 — Enter the total interest received or accrued from U.S. company. To compute the amount of this addition, complete Step 2 Treasury bonds, notes, bills, federal agency obligations, and savings of Illinois Schedule 80/20 and enter on Line 18 the total from Illinois bonds included in federal ordinary income. You may not subtract Schedule 80/20, Step 2, Line 9. Attach Illinois Schedule 80/20 to anything that is not identified in Illinois Publication 101 . This amount your Form IL-1065. is net of any bond premium amortization deducted federally. IL-1065 Instructions (R-04/24) Page 9 of 28 |
Enlarge image | Line 25 — Enter the amount from Illinois Schedule F (Form IL-1065), Include only subtractions reported to you on the Gains from Sales or Exchanges of Property Acquired Before August Schedule(s) K-1-P or K-1-T you received from a pass-through entity 1, 1969, Line 14. Capital gain, or Section 1245 or 1250 gain, on in which you are an investing partner, shareholder, or beneficiary. Do property acquired before August 1, 1969, may be limited by the value not attach copies of Schedules K-1-P you issued to your partners. of the property on August 1, 1969. See Illinois Schedule F (Form You should keep copies of these schedules in your records. IL-1065) Instructions for more information. Attach Illinois Schedule Enter the subtraction amount calculated on Illinois Line 33 — F and a copy of federal Schedule D (or federal Form 8949), Schedule M, Step 3, Line 40. Attach a copy of Illinois Schedule M federal Form 4797, and federal Form 6252, if filed. to your Form IL-1065. Line 26 — Enter the greater of You may not subtract anything that is not identified below, • your personal service income as defined in the now-repealed on Schedule M (for businesses), or in Illinois Publication 101. IRC Section 1348(b)(1); or Subtractions allowed on Illinois Schedule M include: • a reasonable allowance for compensation paid or accrued for • notes, bonds, debentures, or obligations issued by the services rendered by partners to you. Governments of Guam, American Samoa, Puerto Rico, the See 86 Ill. Adm. Code Section 100.2850 for more information. Northern Mariana Islands, or the Virgin Islands, to the extent that Line 27 — Complete Illinois Schedule B. Illinois Schedule B, you were required to add these amounts to your federal ordinary Section A, Line 3 represents the share of distributable income or income. loss that is to be added to or subtracted from base income. If the • the refund of Illinois replacement tax for a prior year, to the extent total amount on Illinois Schedule B, Section A, Line 3 is a positive included in your federal ordinary income. amount, enter that amount on Line 27. If the total amount on Illinois • any other income included on Step 4, Line 23, exempt from Schedule B, Section A, Line 3 is negative, leave Line 27 blank and taxation by Illinois by reason of its Constitution or statutes or see the instructions for Line 21. For more information, see the “Illinois by the Constitution, treaties, or statutes of the United States. Schedule B Instructions” following these “Specific Instructions”. This amount is net of any bond premium amortization deducted Attach Illinois Schedule B to your Form IL-1065. federally. For more information, see Illinois Publication 101. Line 28 — Enter the River Edge Redevelopment Zone Dividend • the amount equal to the deduction used to compute the federal subtraction from Illinois Schedule 1299-A, Step 1, Line 3. tax credit for restoration of amounts held under claim of right Line 29 — Enter the High Impact Business Dividend subtraction under IRC Section 1341. from Illinois Schedule 1299-A, Step 1, Line 6. • contributions you made under the Tax Increment Allocation You must attach Illinois Schedule 1299-A, Tax Redevelopment Act to a job training project. For more information, Subtractions and Credits, and any other required support listed see FY Bulletin 1990-40. on Schedule 1299-A to your Form IL-1065 if you have an amount Line 35 — This is your base income or loss. on Line 28 or Line 29. Follow the instructions on the form and check a box on Line A or B. Line 30 — Enter the subtraction allowance from Form IL-4562, You must check one of these boxes and follow the instructions for Step 3, Line 19. Attach Form IL-4562 to your Form IL-1065. that line. Line 31 — Enter the amount from Illinois Schedule 80/20, Step 4, Check the box on Line A if Line 23. Attach Illinois Schedule 80/20 to your Form IL-1065. • all of your base income or loss is derived inside Illinois; and You should use Illinois Schedule 80/20 if • you do not have any income or loss to report on Lines 36, 37, 44, • you added back interest paid to an affiliated company on Step 4, or 45. Line 18. You may subtract any interest received from that . All of If you check the box on Line A, do not complete Step 6 company during this tax year, up to the amount of your addition your base income or loss is allocable to Illinois. Skip Step 6, enter for interest expense paid to that company. Also, if you added back the amount from Step 5, Line 35 on Step 7, Line 47, and complete intangible expenses from a transaction with an affiliated company the remainder of the return. on Line 18, you may subtract any income you received during the tax year from similar transactions with the affiliated company, Check the box on Line B if any of the following apply up to the amount of your addition for intangible expense for that • your base income or loss is derived inside and outside Illinois; company. To compute the amount of this subtraction, complete • all of your base income or loss is derived outside Illinois; or Illinois Schedule 80/20. • you have income or loss to report on Lines 36, 37, 44, or 45. • you are an affiliated company, and you received interest or intangible income from someone who had to add back the If you check the box on Line B, you must complete all lines interest and intangible expense, or insurance premiums on of Step 6. Submitting Form IL-1065 with an incomplete Step 6, including Lines 40, 41, and 42 may result in a delay in processing their Illinois Schedule 80/20. You may subtract your interest or your return, further correspondence, and you may be required to intangible income from that person. submit further information to support your filing. See the Specific Line 32 — Enter your distributive share of subtractions passed Instructions for Step 6 for more information. through to you by a partnership, trust, or estate on Schedules K-1-P or K-1-T. Do not include any amounts passed through that are Step 6 — Figure your income allocable to reflected on Illinois Schedule 1299-A. Attach a copy of all Illinois Illinois Schedules K-1-P and K-1-T you received to your Form IL-1065. You must check the box on Line B and complete all lines of Step The partnership or S corporation is required to send you an 6 if any portion of Line 35, base income or loss, is derived outside Illinois Schedule K-1-P and the trust or the estate is required to send Illinois, or you have any income or loss to report on Lines 36, 37, 44, you an Illinois Schedule K-1-T, specifically identifying your share of or 45. subtractions. If you do not complete all of Step 6, Lines 36 through 46, we may issue a notice and demand proposing 100 percent of income as being allocated to Illinois, or in the case of a loss return, a notice indicating none of your loss as being allocated to Illinois. IL-1065 Instructions (R-04/24) Page 10 of 28 |
Enlarge image | In order to properly allocate your base income or loss you need to Line 40 — Enter your total sales everywhere. determine what portion of the total base income is business income Line 41 — Enter your total sales inside Illinois. If you have no sales or loss that is to be apportioned among all the states in which you do in Illinois, enter zero. business, and what portion is nonbusiness income or loss that is to Lines 40 and 41 cannot be less than zero. The amount on be allocated to a particular state. Line 41 cannot exceed the amount on Line 40. Unitary filers who are required to file a Schedule UB - Divide Line 41 by Line 40 and enter the result, rounded Line 42 — You must complete both Step 4 of the Schedule UB and Step 6 of to six decimal places. The result cannot be greater than one or less the Form IL-1065. than zero. Investment partnerships that elect to complete Form IL-1065 If you checked the box on Line 35 B and do not complete should check the box on Line 35 B, enter zero on Step 6, Lines 36 Lines 40, 41, and 42 we may issue a notice and demand proposing through 46 and Step 7, Line 47, and check the corresponding box in 100 percent of your income as being allocated to Illinois, or in the Step 1, Line F. case of a loss return, a notice indicating none of your loss as being Line by Line Instructions allocated to Illinois. You must complete all lines of Step 6. Line 43 — Follow the instructions on the form. Line 36 — Enter the amount of all nonbusiness income or loss Line 44 — Enter the amount of nonbusiness income or loss included in base income, net of any related deductions, plus allocable to Illinois from Illinois Schedule NB, Column B. Include any any recaptured business expenses from Illinois Schedule NB, nonbusiness income you received from Illinois Schedules K-1-P or Column A. Include any nonbusiness income you received from Illinois K-1-T in the amounts reported on Schedule NB. This amount is net Schedules K-1-P or K-1-T in the amounts reported on Schedule NB. of the portion of your Illinois nonbusiness income distributable to Attach Illinois Schedule NB and all Illinois Schedules K-1-P or partners subject to replacement tax. Attach a copy of Schedule NB K-1-T you received to your Form IL-1065. If you do not have an and all Illinois Schedules K-1-P and K-1-T you received to your amount to report on this line, enter zero. Form IL-1065. If you do not have an amount to report on this line, If you are making the election to treat all income other than enter zero. compensation as business income for this tax year, you must check If you checked the box in Step 1, Line O, making the election the box in Step 1, Line O, and enter zero here and on Line 44. This to treat all of your income other than compensation as business election must be made by the extended due date of this return. income, then enter zero on Line 44. Once made, the election is irrevocable. Line 45 — Enter the amount of the income or loss reported on Line 37 — Enter the amount of all business income or loss Step 6, Line 37 that is apportionable to Illinois as reported by the included in base income received from any non-unitary partnership, non-unitary partnership, partnership included on a Schedule UB, partnership included on a Schedule UB, S corporation, trust, or S corporation, trust, or estate, on Illinois Schedules K-1-P or K-1-T, estate, of which you are a partner, or a beneficiary, net of any net of the portion distributable to partners subject to replacement amount distributable to partners subject to replacement tax. See tax. See Illinois Schedules K-1-P(2) or K-1-T(2) for more information. Illinois Schedules K-1-P(2) or K-1-T(2) for more information. Attach Attach a copy of all Illinois Schedules K-1-P and K-1-T you a copy of all Illinois Schedules K-1-P and K-1-T you received to received to your Form IL-1065. If you do not have an amount to your Form IL-1065. If you do not have an amount to report on this report on this line, enter zero. line, enter zero. The partnership or S Corporation is required to send you Step 7 — Figure your net income an Illinois Schedule K-1-P and Schedule K-1-P(2) and the trust or Line 47 — Follow the instructions on the form. If this amount is a the estate is required to send you an Illinois Schedule K-1-T and loss, you may carry it forward to later years as an Illinois net loss Schedule K-1-T(2), specifically identifying your share of income. deduction (NLD). If you are a partner engaged in a unitary business Line 48 — Enter your Illinois net loss deduction carryforward as with your partnership, you must either file a Schedule UB with that determined on Illinois Schedule NLD, Step 1, Line 7, total box. partnership or include your distributable share of the partnership’s Attach Illinois Schedule NLD to your Form IL-1065. business income in your business income. Do not subtract this If you are a cooperative and you separate your patronage and business income on Line 37. nonpatronage income or loss, complete Schedule INL and follow the Lines 40 through 42 — instructions for computation of your Illinois net loss deduction. You must complete Lines 40 through 42 if any of the following apply If any of the loss being claimed on Line 48, originated from a • your business income or loss is derived inside and outside Illinois; company other than the one filing this return, check the box on • all of your business income or loss is derived outside Illinois; or Line 48 and attach a detailed statement to your return with • you have income or loss to report on Lines 36, 37, 44, or 45. • the FEIN of the company from which you acquired the loss, Follow specific instructions below for Lines 40 through 42. • the reason (e.g., merger) you are allowed to use that company’s losses, and If you are a financial organization, a transportation company, sales company, or a federally regulated exchange, • the date you acquired the loss. check the appropriate box in Step 1, Line E (financial organization, For more information, see the Schedule NLD Instructions. transportation company, sales company, or federally regulated exchange) and see “Apportionment Formulas” in these instructions. Line 51 — Divide Line 47 by Line 50 and enter the result, rounded to six decimal places. This figure cannot be greater than one. If you are a partner engaged in a unitary business with your partnership, you must either file a Schedule UB with that Line 52 — The standard exemption is $1,000 multiplied by a fraction in which the numerator is your base income allocable to partnership or include your distributive share of the “everywhere” and Illinois and the denominator is your total base income. This figure “Illinois” sales factors from the partnership in your “everywhere” and cannot be greater than “$1,000.” The standard exemption is $0.00 if “Illinois” sales factors. For more information, see 86 Ill. Adm. Code your unmodified base income amount on Step 3, Line 13 is $250,000 Section 100.3380(d). or more. IL-1065 Instructions (R-04/24) Page 11 of 28 |
Enlarge image | If you have a change in your tax year end, and the result is a tax You may claim a replacement tax investment credit of .5 percent period of less than 12 months, the standard exemption is prorated (.005) of the basis of qualified property placed in service in Illinois based on the number of days in the short tax year. However, if this is during the tax year. your first or final return, you are allowed to use the full-year standard An additional credit of up to .5 percent (.005) of the basis of qualified exemption even if it is a short tax year. property is available if your Illinois base employment increased by Line 53 — If Line 49 is a loss, enter the amount from Line 49 on 53. 1 percent (.01) or more over the preceding year or if your business Do not increase your loss by the exemption allowance on Line 52. is new to Illinois. Excess credit may be carried forward for five years following the excess credit year. For more information, see Step 8 — Figure the taxes, pass-through Form IL-477 Instructions. withholding, and penalty you owe Line 59a — For partnerships other than those that qualify as Line 55 — Enter your recapture of investment credits from Illinois “investment partnerships” as defined in the IITA Section 1501(a) Schedule 4255, Recapture of Investment Tax Credits, Step 5, (11.5)(A-5). Complete all sections of Illinois Schedule B and enter Column D, Line 20. the amount from Illinois Schedule B, Section A, Line 5, on this line. If you claimed an Illinois investment tax credit in a prior year on This is the amount of pass-through withholding you owe on behalf of Form IL-477, Replacement Tax Investment Credits, and any of your members. Attach Illinois Schedule B to your Form IL-1065. the property was disqualified within 48 months of being placed in See “Definitions to help you complete your Form IL-1065” in these service, you must use Illinois Schedule 4255 to compute the amount instructions for more information. If you complete Line 59a, then of recapture. Credit must be recaptured in the year the property Line 61 should be blank. became disqualified. Investment partnerships calculating investment partnership Line 57 — Enter the amount from Form IL-477, Step 1, Line 13. withholding will enter the amount from Schedule B, Section A, Line 5, Attach Form IL-477 and any other required support listed on on Line 59b. See the Line 59b instructions and “What if I am an Form IL-477 to your Form IL-1065. investment partnership?” for more information. PTE Income Worksheet 1a Base Income from Line 35. Investment Partnerships - Subtract income subject to withholding from base income. 1a 00 1b Exempt distributions for retired partners included in Line 1a. 1b 00 1 Subtract Line 1b from Line 1a. 1 00 2a Amount from Line 26. 2a 00 2b Amount from Line 27. 2b 00 3 Add Lines 2a and 2b. 3 00 4 PTE base income. Add Lines 1 and 3. 4 00 5 Nonbusiness income or loss. 5 00 6 Business income or loss included in Line 4 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 6 00 7 Add Lines 5 and 6. 7 00 8 Business income or loss. Subtract Line 7 from Line 4. 8 00 9 Total sales everywhere. This amount cannot be negative. 9 00 10 Total sales inside Illinois. This amount cannot be negative. 10 00 11 Divide Line 10 by Line 9. Round to six decimal places. 11 12 Business income or loss apportionable to Illinois. Multiply Line 8 by Line 11. 12 00 13 Nonbusiness income or loss allocable to Illinois. 13 00 14 Business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates. 14 00 15 PTE Income. Add Lines 12 through 14. Enter this amount on Line 60. 15 00 PTE Worksheet Instructions Line 1a — Enter the base income from Line 35 of your return. If you are an investment partnership, subtract any income that is subject to investment partnership withholding. Line 1b — Enter the amount of distributions for retired partners to the extent that the partner’s distributions are exempt from tax under 35 ILCS 5/203(a)(2)(F). Only enter amounts included in the base income from Line 1a. Lines 1 through 4 — Follow the instructions on the worksheet. Lines 5 and 13 — Complete a pro forma Illinois Schedule NB allocating nonbusiness income amounts to Illinois including the portion of nonbusiness income or loss distributable to partners subject to replacement tax reported from Form IL-1065, Lines 21 and 27. Line 6 through 12 — Follow the instructions for Form IL-1065, Lines 37 through 43. Line 14 — Follow the instructions for Form IL-1065, Line 45, but do not include any income from a partnership or S corporation that made the PTE election. IL-1065 Instructions (R-04/24) Page 12 of 28 |
Enlarge image | Do not include any amount from Schedule B, Section B, Schedules K-1-P and K-1-T, Step 1, Line 3, must be completed Line K, PTE tax credit paid to members, or Line L, PTE tax credit or the pass-through withholding reported on this line may not be received and distributed to members. credited to your return. Do not include on Line 59a any pass-through withholding Partners in an investment partnership may not be eligible to reported to you on Schedule(s) K-1-P or K-1-T. Pass-through claim a Schedule K-1-P, Step 7, Line 55 amount reported to them by withholding amounts reported to you are included on Step 9, the investment partnership. See Schedule K-1-P(2) for information Line 65c. about when a partner may claim investment partnership withholding Line 59b — Investment partnerships only. If you are an credit. investment partnership, enter the total amount of investment See “Definitions to help you complete your Form IL-1065” in these partnership withholding you are withholding for your nonresident instructions for more information. partners as reported on Schedule B, Section A, Line 5. Nonresident Do not include on Line 65c any pass-through withholding partner investment partnership withholding is calculated on Schedule you owe on behalf of your members. Pass-through withholding you K-1-P(4) and carried over to Schedule B, Section B, Line J, for each owe on behalf of your members is included on Step 8, Line 59a. applicable partner. Schedule B, Section B, Line J amounts must be carried to the applicable line of Schedule B, Section A, Lines 4a Line 65d — Enter the amount of Illinois income tax withheld on through 4e, and added to the total to be entered on Schedule B, Forms W-2G from gambling and sports wagering winnings that were Section A, Line 5. See “What if I am an investment partnership?” received by you. in these instructions and Illinois Schedule K-1-P(4) for more Line 68 — Enter the amount of overpayment you elect to be carried information. forward to your next tax year. Check the box on this line if this is Line 60 — Complete this line if you elect to file and pay PTE tax your final return and any remaining carryforward is being transferred on your calculated base income. The total amount of PTE credit to another entity. Attach a detailed statement to your return listing allocated to partners cannot exceed the PTE liability reported and the FEIN of the entity receiving the credit carryforward, the date the actually paid by the partnership. Follow the instructions on the PTE credit was transferred, and the reason for the transfer. Income Worksheet on Page 12 to determine the amount to enter on Step 1, Line C, must also be completed if you are this line. transferring an overpayment to another entity. Line 61 — Follow the instructions on the form. Do not include any Your credit carryforward will not be applied if you do not file a PTE tax credit you received on Schedule(s) K-1-P or K-1-T on processable return. this line. Your credit carryforward may be reduced by us due to If you complete Line 61, then Line 59a should be blank. corrections we make to your return, or to satisfy any unpaid tax, Line 63 — If you elected to pay PTE tax and your total tax liability is penalty, and interest due for this year or any other year. If we reduce $500 or more, enter the amount of any self-assessed underpayment your credit carryforward, it may result in a late-payment penalty in a of estimated tax penalty you figured on Form IL-2220, Penalty subsequent year. Worksheet 1, Line 22. To which tax year will my credit apply? If you annualized your income in Step 6 of Form IL-2220, be sure If your 2023 return was filed completed Form IL-2220 to your Form IL-1065. to check the box in Step 1, Line J of this Form IL-1065. Attach a on or before the original filing and payment due date of your return, your credit will be applied to the next full tax year, If you do not need to annualize your income and do not unless you elect to apply the credit to a different tax year. wish to complete Form IL-2220, we encourage you to let us figure your penalties and interest and send you a bill instead of determining Example 1: You file your 2023 calendar-year return on these amounts yourself. We will compute any penalty or interest due March 1, 2024, requesting to receive your overpayment as and notify you. a credit. March 1, 2024, falls before the original filing and payment due date of the 2023 tax year (April 15, 2024, for Step 9 — Figure your refund or balance due calendar-year filers). Your credit will be applied against your Do not include any PTE tax or PTE tax credit on 2024 tax year liability. Lines 65a through 65d. PTE tax is reported on Line 61 and PTE Tax after the original filing and payment due date of your return, credit is reported for each member on Schedule B, Section B, Line L. your credit will be applied to the next full tax year in which timely Line 65a — Enter the sum of any overpayment to be applied to this payments can be made as of the date you are filing this return, year’s tax return. Take into account any correspondence we may unless you elect to apply the credit to a different tax year. have sent you that changed the amount of your credit carryforward Example 2: You file your 2023 calendar-year return on from the previous year. August 5, 2024, requesting to receive your overpayment Line 65b — Enter the sum of any as a credit. August 5, 2024, is after the original filing and • estimated payments or tax prepayments made before the date payment due date of the 2023 tax year (April 15, 2024, for this return is filed, calendar-year filers), but is before the original filing and payment due date of the 2024 tax year (April 15, 2025, for • extension payments before the date this return is filed, and calendar-year filers). Your credit will be applied against your • any other payments made before the date this return is filed. 2024 tax year liability. Line 65c — Enter the amount you wish to claim of Illinois Example 3: You file your 2023 calendar-year return on pass-through withholding (including any eligible investment April 28, 2025, requesting to receive your overpayment partnership withholding) reported to you by partnerships, as a credit. April 28, 2025, is after the original filing and S corporations, or trusts on Schedule(s) K-1-P or K-1-T. If you payment due date of the 2024 tax year (April 15, 2025, for received more than one Schedule K-1-P or K-1-T, add the amounts calendar-year filers), but is before the original filing and you wish to claim from all the schedules and enter the total on payment due date of the 2025 tax year (April 15, 2026, for Line 65c. Attach copies of the Schedules K-1-P and K-1-T you calendar-year filers). Your credit will be applied against your received from the pass-through entities to your Form IL-1065. 2025 tax year liability. IL-1065 Instructions (R-04/24) Page 13 of 28 |
Enlarge image | If you are filing your return after the extended due date, you Line 69 — Follow the instructions on the form. Your refund will not may only elect to claim an overpayment credit for payments received be issued if you do not file a processable return. on or before the date you filed your return. Any payments made after Your refund may be reduced by us to satisfy any unpaid tax, the date you filed that return can only be claimed as an overpayment penalty, and interest due for this year or any other year. credit on a subsequent amended return. Line 70 — Direct deposit information. With what date will my credit apply against my tax If you choose to deposit your refund directly into your checking or liability? savings account, you must If your 2023 return was filed • Enter your routing number. on or before the extended due date of your return (October 15, 2024, for calendar-year filers), your credit is • For a checking account, your routing number must be considered to be paid on the original due date of this return nine digits and the first two digits must be 01 through (April 15, 2024, for calendar-year filers). 12 or 21 through 32. However, if all or a portion of your overpayment results from The sample check following these instructions has an payments made after the original due date of this return, that example of a routing number. portion of your credit is considered to be paid on the date you • For a savings account, you must contact your made the payment. financial institution for your routing number. Example 1: You file your 2023 calendar-year return on • Check the appropriate box to indicate whether you want your or before the extended due date of your return requesting refund deposited into your checking or savings account. $500 be applied as a credit. All of your payments are made • Enter your account number. before the original due date of your return. Your credit of • For a checking account, your account number may $500 will be considered to be paid on April 15, 2024. be up to 17 digits. Example 2: You file your 2023 calendar-year return on The sample check following these instructions has an or before the extended due date of your return requesting example of an account number. $500 be applied as a credit. Your overpayment includes payments of $400 you made before the original due • For a savings account, you must contact your date of your return, and a $100 payment you made on financial institution for your account number. June 3, 2024. Your credit of $400 will be considered to be paid on April 15, 2024. The remaining $100 credit will be considered to be paid on June 3, 2024. after the extended due date of your return, your credit is considered to be paid on the date you filed the return on which you made the election. Example 3: You file your 2023 calendar-year return on December 2, 2024, requesting $500 be applied as a credit. Your credit of $500 will be considered to be paid on December 2, 2024, because you filed your return after the extended due date of your 2023 calendar-year return. May I apply my credit to a different tax year? Yes. If you wish to apply your credit to a tax year other than the one Do not use your account and routing numbers from your checking during which you file this return, you must submit a separate request or savings account deposit slip.Do not include your check number. in writing to: Include hyphens, but omit spaces and special symbols. You may ILLINOIS DEPARTMENT OF REVENUE have unused boxes. PO BOX 19004 If your financial institution does not honor your request for SPRINGFIELD IL 62794-9004 direct deposit, we will send you a check instead. Submit your request at the time you file your return. Do not We do not support international ACH transactions. We will submit your return to this address. only deposit refunds into accounts located within the United States. Your request must include If your financial institution is located outside the United States, we • your name, will send you a check instead of depositing your refund into your • your FEIN, account. • the tax year of the return creating the overpayment, and Line 71 — Follow the instructions on the form. This is your amount of tax due that must be paid in full if $1 or more. If you are not paying • the tax year you wish to have the credit apply. electronically, complete a payment voucher, Form IL-1065-V, make If you do not follow these instructions, your election will be your check or money order payable to “Illinois Department of considered invalid and we will not apply your credit as you requested. Revenue” and attach them to the front of the return. If you submit a valid request, we will apply your credit as you If you are paying electronically do not complete and attach requested and notify you. Once made, your election to change the a payment voucher. tax year to which your credit will apply is irrevocable. Requests will You should also enter the amount you are paying in the box be worked in the order we receive them. of the Form IL-1065. located on the top of Page 1 You may only apply your credit to tax years occurring after We encourage you to let us figure your penalties and interest and the year of the return creating the overpayment. If you request to send you a bill instead of determining these amounts yourself. apply more credit than our records show you have available, we We will compute any penalty and interest due and notify you. See will apply the maximum amount available and notify you of the General Information, “What are the penalties and interest?” difference. IL-1065 Instructions (R-04/24) Page 14 of 28 |
Enlarge image | Step 10 — Signature, date, and paid preparer’s If you want to allow the paid preparer listed in this step to discuss information this return with IDOR check the box. This authorization will allow your paid preparer to answer any questions that arise during the You must sign and date your return. If you do not sign your return, processing of your return, call us with questions about your return, it will not be considered filed and you may be subject to a non-filer and receive or respond to notices we send. The authorization will penalty. automatically end no later than the due date for filing your 2024 tax If you pay someone to prepare your return, the income tax return return (excluding extensions). You may revoke the authorization at preparer must also sign and date the return, enter the preparer tax any time by calling or writing us. identification number (PTIN) issued to them by the Internal Revenue Service, and provide their firm’s name, FEIN, address, and phone number. Apportionment Formulas Certain businesses that derive their income from inside and outside For more information on what should be included in the numerator Illinois require an apportionment formula. The following definitions or denominator of your sales factor, see 86 Ill. Adm. Code Sections will help in completing Step 6. 100.3370 and 100.3380. Business income — See General Information, “Business Sales of tangible personal property are in Illinois if income” under “Definitions to help you complete your • the property is delivered or shipped from anywhere to a purchaser Form IL-1065.” in Illinois, other than the United States government, regardless of Financial organization — any bank, bank holding company, the Free on Board (f.o.b.) point or other conditions of the sale; trust company, savings bank, industrial bank, land bank, safe • the property is shipped from Illinois to any place and the deposit company, private banker, savings and loan association, purchaser is the United States government; or building and loan association, credit union, currency exchange, • the property is shipped from Illinois to another state and you are cooperative bank, small loan company, sales finance company, not taxable in the state of the purchaser. investment company, or any person owned by a bank or bank holding company. For radio and television broadcasting (including cable and satellite broadcasting), the following sales are in Illinois: Revenue miles — A revenue mile is the transportation of one passenger, or one net ton of freight, the distance of one mile. • advertising revenue received from an advertiser whose headquarters is in Illinois; Federally regulated exchange — A federally regulated exchange is: • fees received by a broadcaster from its viewers or listeners in Illinois; • a regulated entity as defined in 7 U.S.C. Sections 1a(40)(A), 1a(40)(B), or 1a(40)(C); • in the case of fees received by a broadcaster from the producer or other owner of the contents of a program, the percentage of • an exchange or clearing agency as defined in 15 U.S.C. the fees equal to the percentage of the broadcast’s viewing or Sections 78c(a)(1) or 78c(a)(23); listening audience located in Illinois; or • any entity regulated under any successor regulatory structure • in the case of a person who owns the contents of a program and to a registered entity, exchange, or clearing agency; or who provides the contents to a broadcaster for a fee or other • any member of the same unitary group if 50 percent charge, the fees received for that program from a broadcaster or more of the business receipts of the unitary business group located in Illinois. for the taxable year are attributable to the matching, execution, If the “sales everywhere” amount includes gross receipts from or clearing of transactions conducted by members of the group the licensing, sale, or other disposition of patents, copyrights, described in the first three bullet points above. trademarks, and other similar items of intangible personal property, What if I am a sales company? and the receipts are not covered by the broadcasting rules, then If you checked the box in Step 1, Line E, indicating that you are a these receipts should be allocated in Illinois to the extent the item sales company and your income is derived from inside and outside is used in Illinois during the year the gross receipts are included in Illinois, you must apportion your business income as follows: gross income. An item is used in Illinois if Include gross receipts from the license, sale, or other disposition • a patent is employed in production, fabrication, manufacturing, or of patents, copyrights, trademarks, and similar items of intangible other processing in Illinois or if the patented product is produced personal property in the numerator and denominator of your sales in Illinois; factor only if these gross receipts are more than 50 percent of the • copyrighted material is printed or other publications originated in total gross receipts included in gross income for this tax year and Illinois; or each of the two immediately preceding tax years. • the commercial domicile of the licensee or purchaser of a Do not include the following items of income in the numerator or trademark or other item of intangible personal property is in denominator of your sales factor: Illinois. • dividends; If you cannot determine from your (or your related party’s) • amounts included under IRC Section 78; books and records in which state an item is used, do not include the • IRC Section 965 inclusion; gross receipts from that item in the numerator or the denominator of the sales factor. • Global Intangible Low-Taxed Income (GILTI) income under IRC Section 951A; • subpart F income as defined in IRC Section 952; and • any item of income excluded or deducted from base income. IL-1065 Instructions (R-04/24) Page 15 of 28 |
Enlarge image | For sales of telecommunications services, the following sales are in • interest, net gains, and other items of income from intangible Illinois: personal property received by a taxpayer who is not a dealer • sales of telecommunications service sold on a call-by-call basis, in that property, if the income-producing activity is performed in where the call both originates and terminates in Illinois, or the Illinois or if the income-producing activity is performed inside and call either originates or terminates in Illinois and the customer’s outside Illinois, and a greater proportion of the income-producing service address is in Illinois; activity is performed inside Illinois rather than outside Illinois, based on performance costs; or • retail sales of postpaid telecommunications service if the point of origination of the signal is in Illinois; • in all other cases, if the services are received in Illinois. • retail sales of prepaid telecommunications service where For more information, see 86 Ill. Adm. Code Section 100.3370. the purchaser receives the prepaid card or other means of conveyance at a location in Illinois; What if I am a financial organization? • charges imposed at a channel termination point in Illinois; If you checked the box in Step 1, Line E, indicating that you are a • charges for channel mileage between two channel termination financial organization and your income is derived from inside and points in Illinois; outside Illinois, cross out the word “sales” on Lines 40 and 41 and write “Financial organization.” • charges for channel mileage between one or more channel termination points in Illinois and one or more channel termination On Line 40, enter the amount of gross receipts from all sources. points outside Illinois, times the number of channel termination On Line 41 enter the amount of gross receipts from: points in Illinois divided by total termination channels; • sales or leases of real property located in Illinois; • charges for services ancillary to sales of services in Illinois. If you provide ancillary services, but cannot determine where the sales • leases or rentals of tangible personal property, to the extent it is of the related services are located, your sales are in Illinois if your located in Illinois during the rental period; customer is in Illinois; • interest income, commissions, fees, gains on disposition, and • access fees charged to a reseller of telecommunication for a call other receipts from: that both originates and terminates in Illinois; – loans secured by real or tangible personal property located • 50 percent of access fees charged to a reseller of in Illinois; telecommunications services for an interstate call that originates – unsecured consumer loans to a resident of Illinois; or terminates in Illinois; and – unsecured commercial or installment loans where the • end user access line charges, if the customer’s service address is proceeds of the loan are applied in Illinois. If the place of in Illinois. application cannot be determined, the gross receipts are in For more information, see 86 Ill. Adm. Code Section 100.3371. Illinois if the office of the borrower from which the loan was Illinois lottery winnings and proceeds from sales or other transfers of negotiated is in Illinois. If neither the place of application rights to lottery winnings are in Illinois. nor the office of the borrower can be determined, do not include the gross receipts in Lines 40 or 41; and For taxable years ending on or after December 31, 2019, gross receipts from winnings from pari-mutuel wagering conducted at a – credit card receivables billed to a customer in Illinois. wagering facility licensed under the Illinois Horse Racing Act of 1975 • sales of travelers checks and money orders at a location in Illinois; or from winnings from gambling games conducted on a riverboat • interest, dividends, net gains, and other income from investment or in a casino or organization gaming facility licensed under the and trading assets and activities, where the majority of your Illinois Gambling Act are Illinois sales and must be included in the contacts with the asset or activity is in Illinois. The state to which numerator of the sales factor. an asset or activity is assigned in your books and records for For taxable years ending on or after December 31, 2021, payments federal or state regulatory requirements is presumed to be proper from Illinois sources of wagering and winnings conducted in unless a majority of the evidence shows otherwise or you do not accordance with the Sports Wagering Act are allocable to Illinois. have a fixed place of business in that state. If the place with the Sales, other than sales of tangible personal property or majority of contacts cannot be determined under these rules, telecommunications service, and gross receipts from broadcasting, the gross receipts are in Illinois if your commercial domicile is in or the licensing, sale, or other disposition of patents, copyrights, Illinois. trademarks, and similar items of intangible personal property, or • any other transaction, if the gross receipts would be included on Illinois lottery winnings or sales proceeds, are in Illinois as follows: Line 41 under the general instructions for Line 41. • sales or leases of real property in Illinois; For more information, see 86 Ill. Adm. Code Section 100.3405. • leases or rentals of tangible personal property, to the extent it is Divide Line 41 by Line 40 and enter the result, rounded to six decimal located in Illinois during the rental period; places, on Line 42. Complete Lines 43 through 46 as indicated in • interest, net gains, and other items of income from intangible Specific Instructions for Step 6, Figure your income allocable to personal property received by a taxpayer who is a dealer in Illinois. that property from a customer who is a resident of Illinois (for individuals) or who is commercially domiciled in Illinois (for all What if I am a transportation company? other customers). A taxpayer without actual knowledge of the If you checked the box in Step 1, Line E, indicating that you are residence or commercial domicile of a customer may use the a company that furnishes transportation service both inside and customer’s billing address. outside Illinois, cross out the word “sales” on Lines 40 and 41 and write “Transportation.” You must apportion business income as follows: Transportation by airline — On Line 40, enter the amount of revenue miles everywhere. On Line 41, enter the amount of revenue miles in Illinois. Divide Line 41 by Line 40 and enter the result, rounded to six decimal places, on Line 42. IL-1065 Instructions (R-04/24) Page 16 of 28 |
Enlarge image | Other modes of transportation — On Line 40, enter the amount If the following applies, do not file a Schedule UB: If a partnership of your gross receipts from providing transportation services. On is engaged in a unitary business with one or more of its partners, Line 41 enter the amount of gross receipts from Illinois, as follows: but the unitary partners do not own substantially all of the interest • all gross receipts from transportation that both originates in the partnership, the partnership should not be included on a and terminates in Illinois; and Schedule UB with the partners. Substantial ownership is defined as owning more than 90 percent of all the interest in the partnership. • gross receipts from interstate transportation, multiplied If a Schedule UB should not be filed, the partnership completes its by a fraction equal to the miles traveled in Illinois on all Form IL-1065 in the same manner as a non-unitary partnership, interstate trips divided by miles traveled everywhere on and each unitary partner must determine the portion of its business all interstate trips. income taxed by Illinois by adding its share of that partnership’s Divide Line 41 by Line 40 and enter the result, rounded to six decimal business income and apportionment factors (Illinois and everywhere) places, on Line 42. to its own business income and apportionment factors (Illinois and everywhere). This rule applies to you if you are unitary with one or Transportation of both freight and passengers or more of your partners or if you are a partner in another partnership transportation by airline and other modes — Compute and are engaged in a unitary business with that partnership. separate fractions for freight transportation and passenger transportation by airline and for freight transportation and If the following applies, you must file a Schedule UB: If you are passenger transportation by all other modes of transportation a partnership who is a shareholder in a corporation and are engaged under A and B, in the list above and enter on Line 42 the average in a unitary business with that corporation, or if you are owned more of those fractions, weighted by the gross receipts from freight or than 90 percent by members of a unitary business group (determined passenger transportation by airline or other modes, rounded to six without regard to the rule prohibiting taxpayers conducting 80 percent decimal places or more of their business activities outside the United States from being included in a unitary business group), you are required to use a For more information, see 86 Ill. Adm. Code Section 100.3450. Schedule UB to apportion your business income. See the instructions Complete Lines 43 through 46 as indicated in Specific Instructions for the Schedule UB for more information. Once the Schedule UB for Step 6 ,Figure your income allocable to Illinois. has been completed, you must apportion your business income as follows: What if I am a federally regulated exchange? On Line 40, enter the “everywhere” sales factor of the entire unitary If you checked the box in Step 1, Line E, indicating that you are a business group from Illinois Schedule UB, Step 4, Line 2, Column D. federally regulated exchange and your income is derived from inside On Line 41, enter only your Illinois sales (including your share of and outside Illinois, cross out the word “sales” on Lines 40 and 41 sales of any unitary partnerships in which you are a partner). and write “Exchange.” You may apportion your business income as follows: On Lines 44 and 45, enter your own nonbusiness income and the On Line 40, enter the amount of business income from all sources. Illinois portion of business income from non-unitary partnerships in On Line 41, enter the amount of business income from: which you are a partner, from partnerships included on a Schedule UB and in which you are a partner, from S corporations in which • receipts attributable to transactions executed on a physical you are a shareholder, or from trusts or estates of which you are a trading floor located in Illinois; beneficiary. • receipts attributable to all other matching, execution, or clearing transactions. This includes, without limitation, receipts from the What if I want to use an alternative provision of matching, execution, or clearing services to another apportionment formula? entity. If the apportionment methods prescribed by IITA, Sections 304(a) – Multiply this amount by 27.54 percent (.2754) for tax years through (e), and (h) do not fairly and accurately represent the market ending on or after December 31, 2013; and for your goods, services, or other sources of business income, • all other receipts for sales in Illinois. or lead to a grossly distorted result, you may want to use a more accurate alternative method. If you want to use an alternative Divide Line 41 by Line 40 and enter the result, rounded to six decimal apportionment method, you must receive permission from IDOR places, on Line 42. Complete Lines 43 through 46 as indicated in prior to filing your return. Specific Instructions for Step 6, Figure your income allocable to Illinois. Your request for an alternative apportionment formula must follow the requirement of 86 Ill. Adm. Code Section 100.3390. See For any tax year, the Illinois apportionment percentage the regulations or contact IDOR for more information. computed using this formula may never be less than the Illinois If you receive permission to use an alternative formula, you must apportionment percentage computed for the first full tax year ending attach to your Form IL-1065 a copy of the letter granting permission. on or after December 31, 2013, for which the taxpayer used this formula. Send your request to: ILLINOIS DEPARTMENT OF REVENUE What if I am a member of a unitary group? LEGAL SERVICES OFFICE The term “unitary business group” means a group of persons related SENIOR COUNSEL - INCOME TAX, 5-500 through common ownership, whose business activities are integrated 101 WEST JEFFERSON STREET with, dependent on, and contribute to each other. In the case of a SPRINGFIELD IL 62702 corporation, common ownership is defined as the direct or indirect ownership or control of more than 50 percent of the outstanding voting stock of a corporation. IL-1065 Instructions (R-04/24) Page 17 of 28 |
Enlarge image | Illinois Schedule B Instructions Therefore, you must follow the instructions for Illinois Schedule B, General Information complete it in full, and attach it to your return. Read this information before completing Illinois You must use forms prescribed by IDOR. Separate Schedule B. statements not on forms provided or approved by IDOR will not Amounts listed on the Schedule(s) K-1-P, Schedule(s) K-1-P(3), be accepted and you will be asked for appropriate documentation. and Schedule(s) K-1-P(4) you complete are carried to your Illinois Failure to comply with this requirement may delay the Schedule B and then reported on your Form IL-1065. Therefore, processing of your return or the generation of any overpayment. you must complete Schedule(s) K-1-P and Schedule(s) K-1-P(3) or Additionally, failure to submit appropriate documentation when Schedule(s) K-1-P(4) before completing Schedule B. requested may result in a referral to our Audit Bureau for compliance In order to ensure you complete Schedule B correctly, do the action. following in order: Partnerships must complete Illinois Schedule B. Do not send a Complete all Schedule(s) K-1-P and Schedule(s) K-1-P(3) or computer printout with line numbers and dollar amounts attached Schedule(s) K-1-P(4), as applicable, for your members before to a blank copy of the schedule. Computer generated printouts completing any section of Illinois Schedule B. The information are not acceptable, even if they are in the same format as IDOR’s reported on Schedule(s) K-1-P, Schedule(s) K-1-P(3), and forms. Computer generated forms from an IDOR-approved software Schedule(s) K-1-P(4) will be used to complete Illinois Schedule developer are acceptable. B. See Schedule K-1-P(1) and Schedule K-1-P(4) instructions Investment partnerships that file Form IL-1065 must for more information. complete Schedule B, Section B, Lines A through C, for each of Complete Section B of Illinois Schedule B before completing their partners. In addition, investment partnerships must also Section A of Illinois Schedule B. Section B reports specific complete Schedule B, Section B, Line J, to report the amount of amounts from each Schedule(s) K-1-P, Schedule(s) K-1-P(3), investment partnership withholding withheld for each applicable and Schedule(s) K-1-P(4) you completed. Section B is required partner as calculated on the corresponding Schedule K-1-P(4), to be completed in full in order to avoid processing delays, Line 14. Each amount entered on Schedule B, Section B, Line further correspondence, or delays in the processing of any J, must be carried to the applicable line of Schedule B, Section overpayments. A, Lines 4a through 4e, and added to the total to be entered Complete Section A of the Illinois Schedule B. Section A reports on Schedule B, Section A, Line 5. For reporting purposes, total amounts from Section B, and is required to be completed in investment partnerships must treat any investment partnership full in order to avoid processing delays, further correspondence, withholding amounts entered on Schedule B, Section B, Line or delays in the processing of any overpayments. J, as if they were pass-through withholding amounts, with the Carry the amount from Illinois Schedule B, Section A, Line 3 and exception that the amount from Schedule B, Section A, Line Line 5 to your Form IL-1065, as applicable. 5, would be entered on Form IL-1065, Line 59b, rather than on See the Schedule K-1-P(1) instructions, Schedule K-1-P(4) Line 59a. Investment partnerships making the election to pay instructions, and Illinois Schedule B specific instructions for more PTE tax must complete all other applicable lines of Schedule information. B, Section B (most notably Lines K and L), for each of their partners, and Schedule B, Section A, Lines 6 and 7. What is the purpose of Illinois Schedule B? The purpose of Illinois Schedule B, Partners’ or Shareholders’ What is a resident? Information, is for you to identify any person who was a partner or A resident is shareholder at any time during your tax year. • an individual who is present in Illinois for other than a temporary or The Illinois Schedule B also allows you to identify your partners or transitory purpose; shareholders that are subject to the Illinois Personal Property Tax • an individual who is absent from Illinois for a temporary or Replacement Income Tax and to figure the share of distributable transitory purpose but who is domiciled in Illinois; income or loss that is to be added to or subtracted from your base • the estate of a decedent who at his or her death was domiciled in income. Illinois; Is Schedule B required? • a trust created by a will of a decedent who at his or her death was Yes. You are required to have a copy of this form on file. You domiciled in Illinois; or must attach a copy of Schedule B to your Form IL-1065, Illinois • an irrevocable trust, whose grantor was domiciled in Illinois at the Partnership Replacement Tax Return to support time the trust became irrevocable. For purposes of this definition, • the addition modification claimed on Form IL-1065, Step 4, a trust is irrevocable to the extent that the grantor is not treated as Line 21, the owner of the trust under IRC Sections 671 through 678. • the subtraction modification claimed on Form IL-1065, Step 5, What is a nonresident? Line 27, A nonresident is a person who is not a resident, as previously • the pass-through withholding you owe on behalf of your defined. Corporations, S corporations, partnerships, and exempt nonresident members on Form IL-1065, Step 8, Line 59a, organizations are considered nonresidents for purposes of • the investment partnership withholding you owe on behalf of Illinois Schedule B. your nonresident partners on Form IL-1065, Step 8, Line 59b. What do Section B, Lines G through J report? • the pass-through entity tax you pay on behalf of your members Lines G through J report certain items of income, credits, and on Form IL-1065, Step 8, Line 61, and pass-through withholding you reported to your nonresident members • the PTE tax credit you received and distributed to your members on the Schedule K-1-P you issued to them. on Schedule(s) K-1-P. IL-1065 Instructions (R-04/24) Page 18 of 28 |
Enlarge image | How do I determine the amounts to report in Line 2 — Add the amounts you reported on Step 7, Line 52a Section B, Lines G through J? through Line 52x, and Step 7, Lines 53a through 53b, of all the Before completing Illinois Schedule B you must complete Schedule(s) K-1-P you issued to your partners and enter the total Schedule(s) K-1-P and Schedule(s) K-1-P(3) or Schedule(s) K-1-P(4) here. Include amounts you reported to both your resident and for each of your nonresident members, as applicable. The amounts nonresident members. reported on those schedules will be used to complete Illinois Line 3 — Add the amounts shown in Section B, Line E for all the Schedule B, Section B, Lines G through J. partners or shareholders for which you have checked the box in See Schedule K-1-P(1) for instructions and more information about Section B, Line D. Schedule K-1-P(3). See Schedule K-1-P(4) instructions for more Do not include information about Schedule K-1-P(4). • partners that are identified as individuals or estates in What do I report in Section B, Line K? Section B, Line B, or Line K is used to report the PTE tax credit you distribute to your • grantor trusts or other disregarded entities whose partners if you elected to file and pay pass-through entity tax. grantor or owner is an individual or estate. Enter the total amount on this line. If this is a How do I determine the amounts to report in • positive amount, enter this amount on your Form IL-1065, Line 27. Section B, Line K? Before completing Illinois Schedule B, Line K, you must determine • negative amount (loss), enter this amount as a positive amount on each member’s portion of the PTE tax credit using the formula in the your Form IL-1065, Line 21. Schedule B, Section B, Line K instructions. Lines 4 through 5 — Report amounts for nonresident members only. What do I report in Section B, Line L? Line 4a — Enter the total amount of pass-through withholding or Line L is used to report the PTE tax credit you receive and distribute investment partnership withholding you reported on the Schedule(s) to your partners. Do not include any PTE tax you are paying on K-1-P you issued to your nonresident individual members only. this line. Total the amounts reported in Section B, Line J, for members that are How do I determine the amounts to report in identified with an “I” in Section B, Line B, and enter it here. Section B, Line L? Line 4b — Enter the total amount of pass-through withholding or Use the Schedule(s) K-1-P or K-1-T you received to determine the investment partnership withholding you reported on the Schedule(s) amount of PTE tax credit you received. Distribute the PTE tax credit K-1-P you issued to your nonresident estate members only. Total based on each member’s share. the amounts reported in Section B, Line J, for members that are identified with an “M” in Section B, Line B, and enter it here. Specific Instructions Line 4c — Enter the total amount of pass-through withholding or Section A: Total members’ information investment partnership withholding you reported on the Schedule(s) Complete Schedule(s) K-1-P and Schedule(s) K-1-P(3), K-1-P you issued to your partnership and S corporation members as applicable, and all of Illinois Schedule B, Section B, before only. Total the amounts reported in Section B, Line J, for members completing Section A. that are identified with a “P” or “S” in Section B, Line B, and enter it Illinois Schedule B, Section A should be completed using the totals here. from Illinois Schedule B, Section B. When you submit your return you Line 4d — Enter the total amount of pass-through withholding or should only attach a single page of Section A. If you require multiple investment partnership withholding you reported on the Schedule(s) pages of Section B, you may attach as many pages of Section B as K-1-P you issued to your nonresident trust members only. required behind Section A. Include members identified as an exempt organization (trust). Total Lines 1 through 3 — Report amounts for both resident and the amounts reported in Section B, Line J, for members that are nonresident members. identified with a “T” or “A” in Section B, Line B, and enter it here. Line 1 — Add the amounts you reported on Step 3, Column A, Line 10 through Line 19, of all the Schedule(s) K-1-P you issued to your partners and enter the total here. Include amounts you reported to both your resident and nonresident members. Line E Worksheet Complete this worksheet for each partner or shareholder. 1 Enter the share of income from Form IL-1065, Line 14, for this partner or shareholder. 1 _________________ 2 Enter the share of additions distributable to this partner or shareholder from Form IL-1065, Lines 15 through 20 and Line 22. 2 _________________ 3 Add Lines 1 and 2. 3 _________________ 4 Enter the share of subtractions distributable to this partner or shareholder from Form IL-1065, Lines 24 through 25 and 28 through 33. 4 _________________ 5 Subtract Line 4 from Line 3. If Line 3 is greater than Line 4 (income), enter the result as a positive amount in Line E for this partner or shareholder. If Line 4 is greater than Line 3 (loss), enter the result as a negative amount in Line E for this partner or shareholder. 5 _________________ IL-1065 Instructions (R-04/24) Page 19 of 28 |
Enlarge image | Line 4e — Enter the total amount of pass-through withholding or If this partner is a grantor trust or other disregarded entity, investment partnership withholding you reported on the Schedule(s) enter the letter that corresponds to the tax type of the grantor or K-1-P you issued to your C corporation members only. Include owner. members identified as an exempt organization (corporation). Total Line C — Enter the entire Social Security number (SSN) or federal the amounts reported in Section B, Line J, for members that are employer identification number (FEIN) of each partner. identified with a “C” or “N” in Section B, Line B, and enter it here. If the partner is a foreign entity and does not have an SSN Line 5 — Add Section A, Lines 4a through 4e of this Illinois or FEIN, leave this line blank for that partner. If you leave this line Schedule B and enter this amount here and on blank, you may be contacted for further information. • Form IL-1065, Line 59a, for pass-through withholding, or Line D — Check the box if the partner is subject to the Illinois • Form IL-1065, Line 59b, for investment partnership withholding. Personal Property Tax Replacement Income Tax or is an exempt The amount on Line 5 should match the total amount from Schedule organization (including an Employee Stock Ownership Plan (ESOP)). B, Section B, Line J, for all members on all pages. Individuals, estates, or grantor trusts and other disregarded entities whose grantors or owners are individuals or estates are not subject Lines 6 and 7 — to this tax. Line 6 — Add Section B, Line K, for all members of this Illinois Schedule B and enter the total here. Enter zero if you paid Line E — Enter the total amount of base income or loss distributable pass-through withholding. to this partner, using the Line E Worksheet on Page 19. Enter the amount from Line E Worksheet, Line 5, here. The total of all the Line 7 — Add Section B, Line L, for all members of this Illinois amounts in Line E must equal your total base income, computed Schedule B and enter the total here. This amount should equal the without regard to the addition claimed on your Form IL-1065, Step 4, total of all Schedule(s) K-1-P, Step 7, Line 53a, and Schedule(s) Line 21, or the subtraction claimed on your Form IL-1065, Step 5, K-1-T, Step 7, Line 50, you received. Attach copies of all Lines 27. Schedule(s) K-1-P and K-1-T you received to your Form IL-1065. Line F — If the partner was excluded from pass-through withholding If you completed multiple pages of Section B, complete Section A indicate the reason by entering one time reporting the totals from all pages of Section B. Place all pages of Section B behind the single page of Section A, and attach • “T” if you elect to pay PTE tax, them to your return. • “R” if the partner is an Illinois resident, • “E” if the partner provided you a Form IL-1000-E, Certificate of Section B: Members’ information Exemption for Pass-through Withholding, indicating that they would Columns 1 through 3 — Enter each member’s information pay their own tax liability, using the instructions below. Partners who provide you Form IL-1000-E must not be Line A — Enter the name and address of each partner or individual taxpayers. shareholder. Use the following examples as a guide. • “P” if you are a publicly-traded partnership or an investment If the partner or shareholder is an individual, use the following partnership and therefore not required to make pass-through formats: withholding payments on behalf of your partners, or John Doe John and Mary Doe John Doe • “N” if the partner or shareholder was an exempt organization and 111 W. Main Street 111 W Main Street % Mary Doe you did not make pass-through withholding payments on their Anytown Anytown 111 W Main St. #5A behalf. IL 62666 IL 62666 Anytown Taxpayers are not required to make pass-through IL 62666 withholding payments on behalf of their exempt organization If the partner or shareholder is a trust or an estate, use the members, but may do so for tax year ending on or after following formats: December 31, 2014. John Doe Bankruptcy Trust Estate of John Doe If you elected to make pass-through withholding payments on behalf % Mary Doe, Trustee 111 W Main St., Ste 4A of an exempt organization member, leave this line blank for that 111 W Main Street, Suite 4A Anytown member and complete Lines G through J. Anytown IL 62666 Lines G through J — Provide the following information from the IL 62666 Schedule(s) K-1-P and Schedule(s) K-1-P(3) or Schedule(s) K-1-P(4) you completed for each member listed. If the partner or shareholder is a corporation (including S corporations), or a partnership, use the following formats: Investment partnerships do not complete Lines G through I. Illinois Big Business Group Illinois Small Business Group Line G — Enter the amount you reported on Step 3, Line 12, of the % John Doe, VP Finance % Mary Doe Schedule K-1-P(3) you completed for this member. This amount is this 111 West Main Street, Suite 4 111 West Main Street member’s share of Illinois income subject to pass-through withholding. Anytown Anytown This amount is a dollar amount. Do not list a percentage on IL 62666 IL 62666 this line. Line B — Indicate the type of each partner’s or shareholder’s Line H — Total the amount you reported on Step 3, Line 13, and Step 3, Line 16, of the Schedule K-1-P(3) you completed for this organization. Enter member. Enter that amount on Line H for this member. This amount is • “I” for individual this member’s pass-through withholding before credits. • “P” for partnership Total the amount you reported on Step 3, Line 14, and Line I — • “M” for estate Step 3, Line 17, of the Schedule K-1-P(3) you completed for this • “T” for trust member. Enter that amount on Line I for this member. This amount is • “C” for C corporation this member’s distributable share of credits. • “S” for S corporation • “A” for exempt organization (trust) • “N” for exempt organization (corporation) IL-1065 Instructions (R-04/24) Page 20 of 28 |
Enlarge image | Line J — Enter the amount of pass-through withholding or investment partnership withholding that you made on behalf of each member and reported to them on Schedule K-1-P, Step 7, Line 55. This should match the amount reported on Step 3, Line 19, of the Schedule K-1-P(3), or on Step 4, Line 14, of Schedule K-1-P(4), you completed for this member. For partnerships other than those that qualify as investment partnerships, this line should be blank if you elected to pay PTE tax. Lines K and L - If the pass-through entity is itself a member in an electing pass-through entity, the credit for PTE tax paid by the electing pass-through entity passes through to its members as follows: • If the pass-through entity does not make the election to pay PTE tax, it will only be passing through each member’s distributive share of the PTE tax credit that it received on Schedule(s) K-1-P from electing pass-through entities in which it is a member (Line L). • If the pass-through entity does make the election to pay PTE tax, then it passes through to its members both • the credit for the PTE tax it pays (Line K) and • each member’s distributive share of the PTE tax credit it received from electing pass-through entities in which it is a member (Line L). Add each member’s Line K and Line L. Enter the total on each member’s Schedule K-1-P, Step 7, Line 53a. Investment partnerships are allowed to use PTE tax credit that was distributed to them to offset their investment partnership withholding liability. Investment partnerships should reduce the amount of PTE tax credit available for distribution to its partners by the amount used to offset their investment partnership withholding liability as calculated on Illinois Schedule(s) K-1-P(4). See the Schedule K-1-P(4) instructions for more information. Line K — Enter the member’s share of the PTE tax credit. To determine the share of PTE tax credit due for each member, multiply the member’s distributive share of pass-through entity income reported on Form IL-1065, Line 60, by 4.95 percent (.0495). The total credits allocated to all members may not exceed the PTE liability reported on Form IL-1065, Line 61. The total credits may also not exceed the PTE amount actually paid to IDOR. If you overpaid your PTE liability, the overpayment may be refunded to the electing partnership or S corporation. Include this amount on each member’s Schedule K-1-P, Step 7, Line 53a. This line should be blank if you made pass-through withholding payments. Member’s Schedule B, Line E amount Total Member’s PTE = share of PTE Total amount of Schedule B, Line E × tax paid tax credit Line L — Enter each member’s distributive share of PTE tax credit you are passing through from Schedule(s) K-1-P or K-1-T you received. The PTE tax credit is passed through to your members in the same proportion that the pass-through income is distributed to your members. Also include this amount on each member’s Schedule K-1-P, Step 7, Line 53a. If you have more than three members to report, and additional space is needed, complete and attach additional pages of Illinois Schedule B, Section B. After you have completed Section B, listing all required amounts for your members, complete the single page of Illinois Schedule B, Section A. IL-1065 Instructions (R-04/24) Page 21 of 28 |
Enlarge image | Appendix A - Extension Tax Payment Worksheet Use this worksheet if all of the following apply to you: • you are required to file Form IL-1065, • you cannot file your annual tax return by the due date, and • you complete this worksheet and determine you owe a tentative tax. If Line 7 of the worksheet shows you owe tentative tax, pay the full amount due either by filing and paying with Form IL-1065-V or by making your payment electronically. An extension of time to file does not extend the amount of time you have to make your payment. Reminder: Entities electing to pay PTE tax must make estimated payments if their total tax due is expected to be greater than $500. See Appendix C. Extension Tax Payment Worksheet (for your records) 1Enter the total tax you expect to owe for this tax year. 1 2Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. 2 3 Enter any withholding reported to you and pass-through withholding (including any eligible investment partnership withholding) made on your behalf for this tax year. 3 4 Enter the amount of any previous tax payment you have made for this tax year. 4 5 Enter the estimated replacement tax investment credits. 5 6 Add lines 2 through 5 and enter the result here. 6 7 Subtract Line 6 from Line 1. This is your tentative tax due. Enter the result here and on Form IL-1065-V. 7 Extension Tax Payment Worksheet Instructions Line 1 — Enter the total amount of replacement tax you expect to owe for this tax year (including recapture of investment credits using Schedule 4255 and pass-through withholding payments you will owe on behalf of your members or PTE tax you elect to pay on Schedule B). Line 2 — Enter the total amount of estimated tax payments or prepayments you made and any overpayment you elected to be credited for this tax year. Line 3 — Enter the total amount of Illinois income tax withheld on Form(s) W-2G and the amount of pass-through withholding (including any eligible investment partnership withholding) paid on your behalf and reported to you on Illinois Schedule(s) K-1-P or K-1-T. Line 4 — Enter the amount of any previous tax payment you have made for this tax year. Line 5 — Enter the amount of any estimated replacement tax investment credits from Form IL-477, Replacement Tax Investment Credit. Line 6 — Add Lines 2 through 5. This is your total tax payments and credits. Line 7 — Subtract Line 6 from Line 1. This is your tentative tax due. If Line 7 is $1 or more, you must pay the amount due. If Line 7 is less than $1, you do not have to pay. Do not attach your federal Form 7004 to your Form IL-1065-V. Pay electronically at tax.illinois.gov or use Form IL-1065-V, Payment Voucher for Partnership Replacement Tax. Failure to use the correct voucher for your payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1065 Instructions (R-04/24) Page 22 of 28 |
Enlarge image | Appendix B - Pass-through Withholding Prepayment Worksheets Use this worksheet to determine the amount to voluntarily prepay pass-through withholding on behalf of your partners. Pass-through withholding prepayments are entirely voluntary; however, we suggest that you make your prepayments in four equal installments during the course of a year. Use Appendix C to prepay your own estimated tax liability, including investment partnership withholding and PTE tax. If you are an investment partnership or elect to file and pay PTE tax, do not use this worksheet. Investment partnerships and taxpayers electing to file and pay PTE tax cannot report and pay pass-through withholding for their members. Check the following boxes to determine which worksheets you should complete. (You may check multiple boxes.) 1 If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 If you have corporation members that you wish to voluntarily prepay pass-through withholding on behalf of, check this box and complete Worksheet 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Once the worksheets are complete, add the total from each worksheet: Worksheet 1, Line 7 ____________ Worksheet 2, Line 7 ____________ Worksheet 3, Line 11 ____________ Worksheet 4, Line 11 ____________ TOTAL _____________ This is the amount of each of your voluntary quarterly prepayments for pass-through withholding. Add this total to the amount from Appendix C, Step 3, Line 27 to determine your voluntary quarterly prepayments to be made with Form IL-1065-V. These payments may be made at any time, up to and including the original due date of your return. Pay electronically at tax.illinois.gov or use Form IL-1065-V to mail your payment. Failure to use the correct voucher for your pre-payments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. Worksheet 1: Figure your pass-through withholding prepayments for nonresident individual and estate members. If you have nonresident individual and estate members that you wish to voluntarily prepay pass-through withholding on behalf of, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident individual and estate members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident individual and estate members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 4.95 percent (.0495) and enter the result. 4 5 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Divide Line 6 by 4. This is the amount of each of your voluntary prepayments for nonresident individual and estate members. 7 IL-1065 Instructions (R-04/24) Page 23 of 28 |
Enlarge image | Appendix B - continued Worksheet 2: Figure your pass-through withholding prepayments for partnership or S corporation members. If you have partnership or S corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your partnership or S corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your partnership or S corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Divide Line 6 by 4. This is the amount of each of your voluntary prepayments for partnership or S corporation members. 7 Worksheet 3: Figure your pass-through withholding prepayments for nonresident trust members. If you have nonresident trust members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your nonresident trust members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your nonresident trust members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 4.95 percent (.0495) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Divide Line 10 by 4. This is the amount of each of your voluntary prepayments for nonresident trust members. 11 IL-1065 Instructions (R-04/24) Page 24 of 28 |
Enlarge image | Appendix B - continued Worksheet 4: Figure your pass-through withholding prepayments for corporation members. If you have corporation members that you wish to voluntarily prepay pass-through withholding for, complete this worksheet to determine the amount of your prepayment. Keep this record for your files. 1 Enter your corporation members’ share of business income apportioned to Illinois expected in the tax year (cannot be less than zero). 1 2 Enter your corporation members’ share of nonbusiness income allocable to Illinois expected in the tax year (cannot be less than zero). 2 3 Add Lines 1 and 2 and enter the result. 3 4 Multiply Line 3 by 2.5 percent (.025) and enter the result. 4 5 Enter the amount of Illinois replacement tax investment credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 5 6 Subtract Line 5 from Line 4 and enter the result. 6 7 Multiply Line 3 by 7 percent (.07) and enter the result. 7 8 Enter the amount of Illinois income tax credits expected in the tax year to be passed to the members whose income is included on Lines 1 or 2. 8 9 Subtract Line 8 from Line 7 and enter the result. 9 10 Add Line 6 and Line 9 and enter the result. 10 11 Divide Line 10 by 4. This is the amount of each of your voluntary prepayments for corporation members. 11 Appendix C - Estimated Payment and Prepayment Worksheet Instructions If you elect to file and pay PTE tax and reasonably expect your total tax liability, including replacement tax and PTE tax, to exceed $500 after Illinois tax credits and withholding payments made on your behalf, you are required to make estimated payments. Estimated Payments are due on the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. Complete Steps 1, 2, and 3 of this worksheet to compute your next tax year’s estimated tax payments. If you elect to file and pay PTE tax but you do not expect your tax liability, including replacement tax and PTE tax, to exceed $500, you may voluntarily prepay next year’s taxes including PTE tax. Complete Steps 1, 2, and 3 of this worksheet to determine the amount of your quarterly prepayment. If you do not elect to file and pay PTE tax, you may voluntarily prepay next year’s tax liability. Complete Steps 2 and 3 of this worksheet to determine the amount of your quarterly tax liability prepayment. If you completed Appendix B, add the total from Step 3 to the total amount from Appendix B to determine your quarterly prepayments to be made with Form IL-1065-V. If you are an investment partnership with an expected investment partnership withholding liability, are electing to file and pay PTE tax, and reasonably expect your total tax liability to exceed $500 after Illinois tax credits and withholding payments made on your behalf, you are required to make estimated payments. Estimated Payments are due on the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. Complete Steps 1 and 4 of this worksheet to compute your next tax year’s estimated tax payments. If you are an investment partnership with an expected investment partnership withholding liability and are electing to file and pay PTE tax, but do not expect your total tax liability to exceed $500, you may voluntarily prepay by completing Steps 1 and 4 of this worksheet. If you are an investment partnership with an expected investment partnership withholding liability but are not electing to file and pay PTE tax, you may voluntarily prepay by completing Step 4 of this worksheet. If your income or your original estimated tax changes during the year, complete Step 5 of this worksheet to determine your adjusted payment. Keep this record for your files. Pay electronically at tax.illinois.gov or use Form IL-1065-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1065 Instructions (R-04/24) Page 25 of 28 |
Enlarge image | Appendix C - continued Step 1 - Figure your PTE Tax - Complete Step 1 only if you are filing and paying PTE tax. 1a Enter the amount of base income (Line 35) expected in the next tax year. Investment partnerships - Subtract any income subject to investment partnership withholding from the base income (Line 35) amount. 1a 00 1b Enter the amount of distributions included in Line 1a for retired partners whose distributions are exempt from tax under 35 ILCS 5/203(a)(2)(F). 1b 00 1 Subtract Line 1b from Line 1a. 1 00 2a Enter the amount of Personal service income or reasonable allowance for compensation of partners expected in the next tax year (Line 26). 2a 00 2b Enter the amount of income distributable to a partner subject to replacement tax expected in the next tax year (Line 27). 2b 00 3 Add Lines 2a and 2b. 3 00 4 PTE base income. Add Lines 1 and 3. 4 00 5 Enter the amount of nonbusiness income or loss expected in the next tax year. 5 00 6 Enter the amount of business income or loss included in Line 4 from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. 6 00 7 Add Lines 5 and 6. 7 00 8 Expected base income or loss. Subtract Line 7 from Line 4. 8 00 9 Enter the amount of total sales everywhere expected in the next tax year. 9 00 10 Enter the amount of total sales inside Illinois expected in the next tax year. 10 00 11 Divide Line 10 by Line 9. Round to six decimal places. 11 12 Business income or loss apportionable to Illinois expected in the next tax year. Multiply Line 8 by Line 11. 12 00 13 Enter the amount of nonbusiness income or loss allocable to Illinois expected in the next tax year. 13 00 14 Enter the amount of business income or loss apportionable to Illinois from non-unitary partnerships, partnerships included on a Schedule UB, S corporations, trusts, or estates expected in the next tax year. Do not include any income from a partnership or S corporation that will make the PTE election. 14 00 15 PTE Income. Add Lines 12 through 14. 15 00 16 PTE Tax. Multiply Line 15 by 4.95 percent (.0495). 16 00 Step 2 - Figure your Replacement Tax 17 Enter the amount of Illinois net income expected in the next tax year. 17 00 18 Multiply Line 17 by 1.5 percent (.015) and enter the result. 18 00 19 Enter the amount of recapture of investment credits expected in the next tax year. 19 00 20 Add Lines 18 and 19. Enter the result. 20 00 21 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 20 00 22 Enter the amount of pass-through withholding (including any eligible investment partnership withholding) expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 22 00 23 Enter the amount of any Illinois gambling and sports wagering winnings withholding shown on the next tax year Form W-2G you expect to receive. 23 00 24 Add Lines 21 through 23. Enter the result. 24 00 25 Subtract Line 24 from Line 20 and enter the result. 25 00 Step 3 - Figure your Estimated Payments or Prepayments 26 If you completed Step 1, add Lines 16 and 25. Otherwise, enter the amount from Line 25. 26 00 27 Divide Line 26 by 4. This is the amount of your quarterly estimated payments or prepayments. 27 00 IL-1065 Instructions (R-04/24) Page 26 of 28 |
Enlarge image | Appendix C - continued Step 4 - Figure your investment partnership withholding - Complete Step 4 only if you are an investment partnership. 1 Enter the total amount of Illinois apportioned business income from other partnerships under IITA Section 305(a). 1 00 2 Enter the total amount of Illinois allocated nonbusiness income from other partnerships under IITA Sections 305(b) and 303 (other than nonbusiness income that is allocated based on commercial domicile) 2 00 3 Add Lines 1 and 2. This is the amount of income subject to investment partnership withholding. 3 00 4a Enter the share of the amount on Line 3 for your partners identified as estates, partnerships, S corporations, and nonresident individuals. 4a 00 4 Multiply the amount on Line 4a by 4.95 percent (.0495). 4 00 5a Enter the share of the amount on Line 3 for your partners identified as trusts. 5a 00 5 Multiply the amount on Line 5a by 6.45 percent (.0645). 5 00 6a Enter the share of the amount on Line 3 for your partners identified as corporations. 6a 00 6 Multiply the amount on Line 6a by 9.5 percent (.095). 6 00 7 Add Lines 4, 5, and 6. 7 00 8 Enter the amount of PTE tax credit you expect to be made on your behalf in the next tax year and in which you want to use to offset your investment partnership withholding. 8 00 9 Subtract Line 7 by Line 8. 9 00 10 Enter the amount from Appendix C, Step 1, Line 16, if applicable. 10 00 11 Add Lines 9 and 10. 11 00 12 Enter the amount of Illinois tax credits expected to be earned in the next tax year as would be calculated on the Form IL-477 or Schedule 1299-A. 12 00 13 Enter the amount of pass-through withholding (including any eligible investment partnership withholding) expected to be made on your behalf in the next tax year as would be reported to you on any Schedule K-1-P or Schedule K-1-T you receive. 13 00 14 Enter the amount of any Illinois gambling and sports wagering winnings withholding expected to be made on your behalf in the next tax year as would be reported to you on Form W-2G. 14 00 15 Add Lines 12 through 14. Enter the result. 15 00 16 Subtract Line 15 from Line 11 and enter the result. 16 00 17 Divide Line 16 by 4. This is the amount of your quarterly estimated payments or prepayments. 17 00 Special Note You may use pass-through withholding (including any eligible investment partnership withholding) made on your behalf on any Schedule K-1-P or K-1-T you received to reduce the estimated tax payment for the quarter in which the tax year shown on the Schedule K-1-P or K-1-T falls and any subsequent tax payment until the entire credit is used. You may use Illinois gambling and sports wagering withholding shown on any Form W-2G you receive to reduce the estimated tax payment for the quarter in which the gambling winnings were received and any subsequent tax payment until the entire credit is used. If you made the election to credit a prior year overpayment to the next tax year and • the election was made on or before the extended due date of that prior year return, use the credit to reduce the first estimated tax payment and any subsequent tax payments until the entire credit is used. • the election was made after the extended due date of that prior year return, the credit will be treated as paid on the date you submitted the election. If that payment date is on or before an estimated payment due date, you may use the credit to reduce that estimated tax payment and any subsequent tax payments until the entire credit is used. IL-1065 Instructions (R-04/24) Page 27 of 28 |
Enlarge image | Step 5 - Amended worksheet - Complete Step 5 if a change occurs in your original estimated tax. 1 Enter the amount of PTE income expected in the next tax year. If you are not electing to file and pay PTE tax, enter zero. 1 2 PTE Tax. Multiply Line 1 by 4.95 percent ( .0495). 2 3 Enter the amount of Illinois net income expected in the next tax year. 3 4 Multiply Line 3 by 1.5 percent (.015) and enter the result. 4 5 Enter the amount of recapture of investment credits expected in the next tax year. 5 6 Replacement Tax. Add Lines 4 through 5 and enter the result. 6 7 Enter the amount of Illinois tax credits expected in the next tax year as calculated on the corresponding Form IL-477 or Schedule 1299-A. 7 8 Enter the amount of pass-through withholding (including any eligible investment partnership withholding) expected to be made on your behalf in the next tax year on any Schedule K-1-P or Schedule K-1-T you receive. 8 9 Enter the amount of any Illinois gambling and sports wagering winning withholding expected on the next tax year Form W-2G. 9 10 Add Lines 7 through 9 and enter the result. 10 11 Subtract Line 10 from Line 6 and enter the result. This amount may be negative. 11 12 Add Line 2 and 11. 12 13 Divide Line 12 by 4. 13 14 Multiply Line 13 by the number of previously due estimated payments. 14 15 Enter the amount of any estimated tax payments actually paid, timely prior year overpayments, timely pass-through withholding (including any eligible investment partnership withholding) and pass-through entity tax credit paid on your behalf, or timely Illinois gambling and sports wagering winnings withholding shown on Form W-2G you received. 15 16 Subtract Line 15 from Line 14 and enter the result. This amount may be negative. 16 17 Add Lines 13 and 16 and enter the result. If positive, this is the amount due on your next payment due date. If zero or negative, the amount due on your next payment due date is zero. If Line 17 is negative, continue to Line 18. Otherwise, stop here. 17 18 If Line 17 is negative, enter that amount as a positive number. 18 19 Subtract Line 18 from Line 13 and enter the result. This is the amount due on the following due date, if applicable. 19 Pay electronically at tax.illinois.gov or use Form IL-1065-V to mail your payment. Failure to use the correct voucher for your estimated payments or prepayments may result in your payment being misapplied, penalties and interest, a delay in the processing of your return, or a delay in the generation of any overpayment. IL-1065 Instructions (R-04/24) Page 28 of 28 |