Illinois Department of Revenue Publication 129 March 2022 Pass-through Entity Information The information in this publication is current as of the date of the About this publication publication. Please visit our website at Publication 129, Pass-through Entity Information, explains the tax tax.illinois.gov to verify you have the obligations involved with distributions from pass-through entities most current revision. (partnerships, S corporations, and fiduciaries) to members (partners, This publication is written in the plain shareholders, and beneficiaries). English style so the tax information is This publication provides information for easier to understand. As a result, we do not directly quote Illinois statutes • pass-through entities that distribute pass-through income and or the Illinois Administrative Code. modifications, pass-through withholding, or pass-through entity The contents of this publication are (PTE) tax credit, and informational only and do not take • members who receive pass-through income and modifications, the place of statutes, rules, and court pass-through withholding, or PTE tax credit. decisions. For many topics covered in this publication, we have provided Note: For the purposes of this publication, a reference to the applicable section • ‘member’ means any partner, shareholder, or beneficiary. or part of the Illinois Administrative • ‘pass-through entity’ is any partnership, S corporation, or Code for further clarification or more fiduciary. detail. All of the sections and parts • the acronym ‘PTE’ is used only in reference to PTE tax and PTE referenced can be found in Title 86 of tax credit under Public Act 102-0658. the Illinois Administrative Code. Taxpayer Bill of Rights You have the right to call the Illinois Department of Revenue (IDOR) for help in resolving tax problems. You have the right to privacy and confidentiality under most tax laws. You have the right to respond, within specified time periods, to IDOR notices by asking questions, paying the amount due, or providing proof to refute IDOR’s findings. You have the right to appeal IDOR decisions, in many instances, within specified time periods, by asking for department review, by filing a petition with the Illinois Independent Tax Tribunal, or by filing a complaint in circuit court. If you have overpaid your taxes, you have the right, within specified time periods, to a credit (or, in some cases, a refund) of that overpayment. For more information about these rights and other IDOR procedures, you may write us at the following address: Problems Resolution Division Illinois Department of Revenue PO Box 19014 Springfield, IL 62794-9014 Get forms and other information faster and easier at tax.illinois.gov |
Pass-through Entity Information Contents Legal References.............................................................................................................................................................3 Definitions..............................................................................................................................................................3 What is a pass-through entity? ..................................................................................................................................................... 3 What is pass-through entity income? ........................................................................................................................................... 3 What is the pass-through entity (PTE) tax? .................................................................................................................................. 3 How do I make the election to pay PTE tax?................................................................................................................................ 3 How is PTE tax reported and received? ....................................................................................................................................... 3 Is a pass-through entity required to make quarterly estimated payments? .................................................................................. 4 What is pass-through withholding?............................................................................................................................................... 4 Who is a resident?.........................................................................................................................................................................4 Who is a nonresident?...................................................................................................................................................................4 What is business income?.............................................................................................................................................................4 When is business income allocable to Illinois?..............................................................................................................................4 What is nonbusiness income?......................................................................................................................................................5 When is nonbusiness income allocable to Illinois?.........................................................................................................................5 What is Form IL-1000-E?..............................................................................................................................................................5 What is Schedule B? .................................................................................................................................................................... 5 What is Schedule D? .................................................................................................................................................................... 5 What is Schedule K-1-P? ............................................................................................................................................................. 5 What is Schedule K-1-T?.............................................................................................................................................................. 5 What are Schedule K-1-P(1), Instructions for Partnerships and S Corporations Completing Schedule K-1-P and Schedule K-1-P(3), and Schedule K-1-T(1), Instructions for Trusts and Estates Completing Schedule K-1-T and Schedule K-1-T(3)?......5 What are Schedule K-1-P(2), Partner’s and Shareholder’s Instructions, and Schedule K-1-T(2), Beneficiary’s Instructions?.....5 What are Schedule K-1-P(3), Pass-through Withholding Calculation for Nonresident Members, and Schedule K-1-T(3), Pass-through Withholding Calculation for Nonresident Members?......................................................................................................6 What is an “investment partnership”? ........................................................................................................................................... 6 Can an investment partnership make the election to pay PTE tax? ............................................................................................ 6 What are Personal Property Replacement Taxes? ....................................................................................................................... 6 Information for Pass-through Entities..........................................................................................................................7 What form(s) must the pass-through entity file? ........................................................................................................................... 7 Does pass-through withholding or PTE tax credit satisfy the tax liability for the member?.................................................7 What does Illinois do with the pass-through withholding information received from pass-through entities?.................................7 What if a pass-through entity overpays pass-through withholding or PTE tax?............................................................................7 Information for Members..........................................................................................................................8 When is pass-through income, pass-through withholding, and PTE tax credit considered received?................................8 What other states have a substantially similar entity-level tax?.....................................................................................................8 Does the pass-through withholding or PTE tax credit fulfill my Illinois tax liability?....................................................................8 If a member is filing an Illinois income or replacement tax return, what form must they use?.....................................................................9 Helpful Hints and Reminders.................................................................................................................10 Partnerships and S corporations.........................................................................................................................................................10 Fiduciaries...................................................................................................................................................................10 Members...................................................................................................................................................................10 Office Locations ...................................................................................................................................................................11 Page 2 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Legal References Statutory Regulations Pass-through Withholding 35 ILCS 5/709.5 Pass-through Withholding 86 Ill. Adm. Code 100.7035 Pass-through Entity (PTE) Tax 35 ILCS 5/201(p) Definitions What is a pass-through entity? • Schedule D of Form IL-1041, Fiduciary Income and Replacement Tax Return, when PTE tax A pass-through entity is any entity treated as a credit received is distributed by the fiduciary. partnership, S corporation, or fiduciary for federal income tax purposes. • reported to members as PTE tax credit on What is pass-through entity income? • Schedule K-1-P, Partner’s or Shareholder’s Share of Income, Deductions, Credits, and Pass-through entity income is the income that Recapture partnerships, S corporations, or fiduciaries pass through to their members. Pass-through entity income is • Schedule K-1-T, Beneficiary’s Share of Income considered earned on the last day of the pass-through and Deductions, when the PTE tax credit entity’s tax year. received is distributed to the beneficiaries. • received as a credit by individuals, partnerships, What is the pass-through entity (PTE) tax? S corps, corporations, trusts, estates, and exempt Pass-through entity tax is an elective tax on organizations on Schedules K-1-P and K-1-T. partnerships (other than a publicly traded partnership • For individuals, corporations, exempt under Internal Revenue Code (IRC) Section 7704) organizations and trusts or estates that do not and Subchapter S corporations effective for tax years pass-through/distribute income, the amount ending on or after December 31, 2021, and beginning received on Schedule K-1-P is reported in the before January 1, 2026. An electing pass-through payments section of their respective return. entity is subject to this tax for the privilege of earning or receiving income in Illinois in an amount equal to • For partnerships, S corporations, and trusts or 4.95 percent (.0495) of the taxpayer’s net income for estates that pass-through/distribute income, the taxable year. Each partner or shareholder of an each member’s distributive share of the electing pass-through entity is allowed a credit against amount received is reported on that member’s their own tax in an amount equal to 4.95 percent Schedule K-1-P or Schedule K-1-T. (.0495) times the partner or shareholder’s distributive The PTE tax credit is considered paid/received on the share of the net income of the electing partnership or last day of the pass-through entity’s tax year as shown subchapter S corporation. on Schedule K-1-P or Schedule K-1-T. How do I make the election to pay PTE tax? A nonresident individual member of a partnership or The election to pay the PTE tax is made on S corporation for a taxable year in which the election Form IL-1065, Partnership Replacement Tax Return, to pay PTE tax was made shall not be required to file a or Form IL-1120-ST, Small Business Corporation Form IL-1040, Individual Income Tax Return, if Replacement Tax Return, for tax years ending on • the only source of net income of the individual (or or after December 31, 2021, and beginning before the individual and the individual’s spouse in the January 1, 2026. case of a joint return) is from an entity making the PTE tax election and How is PTE tax reported and received? • the credit allowed to the partner or shareholder PTE tax is equals or exceeds the individual’s liability for the • reported to IDOR on tax imposed under subsections (a) and (b) of • Schedule B of Form IL-1065, Partnership Section 201 of the Illinois income tax Act for the Replacement Tax Return, or Form IL-1120-ST, taxable year. Small Business Corporation Replacement Tax Return. Page 3 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Is a pass-through entity required to make quarterly • paid electronically or by mail using the payment estimated payments? voucher for Form IL-1065, Form IL-1120-ST, or Form IL-1041. When a partnership or S corporation makes the election to pay the PTE tax, it is required to make quarterly Who is a resident? estimated payments if the expected tax due (including A resident is both the PTE tax and replacement tax) is more than $500 or it will incur late estimated payment penalties. • an individual who is present in Illinois for other than a temporary or transitory purpose, For tax years ending before December 31, 2022, the Illinois Department of Revenue (IDOR) will waive late • an individual who is absent from Illinois for a estimated payment penalties related to an election to temporary or transitory purpose but who is domiciled pay the PTE tax. in Illinois, For tax years ending on and after December 31, 2022, • the estate of a decedent who at his or her death was domiciled in Illinois, • If the election to pay PTE tax is made, then estimated payments are based on the sum of • a trust created by a will of a decedent who at his or the PTE tax and replacement tax. If a taxpayer her death was domiciled in Illinois, or paid PTE tax for the prior year, whether as • an irrevocable trust, whose grantor was domiciled estimated, extension or return payments, then in Illinois at the time the trust became irrevocable. the total minimum required estimated payments For purposes of this definition, a trust is irrevocable are 90 percent of the current year tax liability or to the extent that the grantor is not treated as the 100 percent of the tax liability in the prior year. owner of the trust under Internal Revenue Code • If the election to pay PTE tax is not made, then (IRC) Sections 671 through 678. estimated payments are not required. Who is a nonresident? Note: Use the Estimated Payment Worksheets in your A nonresident is a person who is not a resident, as specific return instructions to determine the correct previously defined. Corporations, S corporations, and amount of quarterly estimated payments to make. partnerships are considered nonresidents for purposes If a pass-through entity overpays PTE tax, the pass- of pass-through entity income and Illinois Schedule B through entity may request a refund. The members of and Schedule D. the pass-through entity are allowed a credit only for their share of the calculated PTE tax due to the extent What is business income? that the PTE tax was paid. Business income means all income, other than compensation, that may be apportioned by formula What is pass-through withholding? among the states in which you are doing business Pass-through withholding is the required payment without violating the Constitution of the United States. reported and paid by a pass-through entity, that has not All income of a partnership or S corporation is business elected to pay PTE tax, on behalf of any nonresident income unless it is clearly attributable to only one state member and is earned or received through activities totally • who has not submitted Form IL-1000-E, Certificate unrelated to any business you are conducting in more of Exemption for Pass-through Withholding, to the than one state. Business income is net of all deductions pass-through entity, and attributable to that income. • who receives business or nonbusiness income from When is business income allocable to Illinois? the pass-through entity. • For a resident of Illinois, all income received, Pass-through withholding is regardless of the source, is allocable to Illinois. • reported to partners and shareholders on • For a nonresident of Illinois whose business income Schedule K-1-P or reported to beneficiaries on is derived Schedule K-1-T, • wholly inside Illinois, the entire amount of • reported to the Illinois Department of Revenue business income is allocable to Illinois. (IDOR) on Schedule B, Partners’ or Shareholders’ • wholly outside Illinois, none of the business Information, of both Form IL-1065 and income is allocable to Illinois. Form IL-1120-ST, or reported to IDOR on Schedule D, Beneficiary Information, of Form IL-1041, and Page 4 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information • inside and outside Illinois, see the specific What is Schedule D? instructions for your return and the instructions in Schedule D is the required schedule for fiduciaries Schedule K-1-P(2), Partner’s and Shareholder’s to provide information to IDOR about their members, Instructions, or Schedule K-1-T(2), Beneficiary’s certain items of income and credits the members Instructions. receive from the pass-through entity and pass-through What is nonbusiness income? withholding made on the members’ behalf. If a fiduciary passes any income through to a member, then the Nonbusiness income is all income other than business pass-through entity must provide IDOR with all the income or compensation. It is income you can clearly required information on an IDOR-approved form. classify as having no connection to your business. For Schedule D must be included with Form IL-1041. information about types of nonbusiness income, see the instructions for Illinois Schedule NB, Nonbusiness What is Schedule K-1-P? Income. Schedule K-1-P is the form a partnership or an S When is nonbusiness income allocable to Illinois? corporation uses to supply each individual or entity who was a member at any time during the tax year with the • For a resident of Illinois, all nonbusiness income is information needed by the member to properly report allocable to Illinois. the pass-through income and modifications, pass- • For a nonresident, items of income and deduction through entity tax credit, and pass-through withholding that constitute nonbusiness income received on the member’s Illinois income tax return. through the pass-through entity are treated as if received directly by the member and are allocable What is Schedule K-1-T? to Illinois according to the rules detailed in your Schedule K-1-T is the form a trust or an estate uses to return instructions and in the instructions in supply each beneficiary who was a member at any time Schedule K-1-P(2) or Schedule K-1-T(2). during the tax year with the information needed by the member to properly report the pass-through income and What is Form IL-1000-E? modifications, pass-through entity tax credit, and pass- Form IL-1000-E is completed by any member that is not through withholding on the member’s Illinois income tax an individual, that elects to make its own tax payments return. on income from a pass-through entity and provides a signed copy of the form to the pass-through entity. By What are Schedule K-1-P(1), Instructions for completing Form IL-1000-E, the member is certifying it Partnerships and S Corporations Completing will file all Illinois income tax returns and make timely Schedule K-1-P and Schedule K-1-P(3), and payment of all Illinois income taxes due. Schedule K-1-T(1), Instructions for Trusts and Estates Completing Schedule K-1-T and Schedule Form IL-1000-E does not apply to a pass-through entity K-1-T(3)? that elects to pay PTE tax. Any Form IL-1000-E on file Schedule K-1-P(1) and Schedule K-1-T(1) provide the can be ignored when the pass-through entity elects to pass-through entity with instructions on how to supply pay PTE tax. If the pass-through entity does not elect to each member’s share of the amounts reported on the pay PTE tax, then the IL-1000-E is effective. pass-through entity’s federal income tax and Illinois What is Schedule B? business income tax returns. Schedule B is the required schedule for partnerships What are Schedule K-1-P(2), Partner’s and and S corporations to provide information to IDOR Shareholder’s Instructions, and Schedule K-1-T(2), about their members, certain items of income and Beneficiary’s Instructions? credits the member receives from the pass-through Schedule K-1-P(2) and Schedule K-1-T(2) provide the entity, PTE tax, and pass-through withholding made on member with instructions on how to report the income, the members’ behalf. If a partnership or S corporation additions, subtractions, and credits reported to them by passes any income through to a member, then the the pass-through entity. pass-through entity must provide IDOR with all the required information on an IDOR-approved form. Schedule B must be included with Form IL-1065 and Form IL-1120-ST. Page 5 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information What are Schedule K-1-P(3), Pass-through Can an investment partnership make the election to Withholding Calculation for Nonresident Members, pay PTE tax? and Schedule K-1-T(3), Pass-through Withholding Yes. An investment partnership making the election to Calculation for Nonresident Members? pay PTE tax must file Form IL-1065 and check the box Schedule K-1-P(3) and Schedule K-1-T(3) are indicating it is making the election to pay PTE tax. The used to calculate the required tax you must report investment partnership will complete the PTE Income and pay on behalf of your nonresident members Worksheet in the Form IL-1065 Instructions as if it that receive business or nonbusiness income from did not qualify as an investment partnership. See our your pass-through entity. See Schedule K-1-P(1) or Partnership web page for more information. Schedule K-1-T(1) for specific instructions on how to What are Personal Property Replacement Taxes? complete Schedule K-1-P(3) or Schedule K-1-T(3). Do not send Schedule(s) K-1-P(3) or Schedule(s) K-1-T(3) Personal Property Replacement Taxes are revenues to your members or submit it to IDOR unless we received from businesses and public utilities, collected request it from you. Keep Schedule(s) K-1-P(3) or by the State of Illinois, and paid to local governments. Schedule(s) K-1-T(3) with your income tax records. Prior to 1979, business entities were required to pay Do not complete Schedule K-1-P(3) if you elect to personal property taxes. Legislation abolished the pay pass-through entity tax or if a member gives you personal property taxes. To replace the money lost by Form IL-1000-E. units of local government and school districts, a new law was enacted that established replacement taxes, What is an investment partnership? assessed at a flat rate based on the income of the An investment partnership is a partnership where business. at least 90 percent of its assets are investments in Business entities, including corporations, S corporations, stocks, bonds, options, and similar intangible assets, partnerships, and trusts pay replacement tax on their and at least 90 percent of its income is derived from annual tax returns. Replacement taxes are different from those types of assets. For tax years ending on or after the standard Illinois income tax. Illinois income tax is December 31, 2004, an investment partnership is not paid only by individuals, trusts, estates, and corporations subject to replacement tax and is not required to file an (not including S corporations). Pass-through entities Illinois tax return. that have income taxable in Illinois must file an annual A partner in an investment partnership is not subject tax return with IDOR. Partnerships and S corporations to Illinois tax on the income passed through from do not pay Illinois income tax (the members pay Illinois the investment partnership, unless the partner’s income tax) but they are subject to the replacement investment in the partnership was made in connection tax at a rate of 1.5 percent (.015) on income taxable to with a business the partner is conducting at least Illinois. Trusts pay both Illinois income and replacement partially within Illinois. In that case, the partner would taxes. include the income from the partnership with the other income of the business as if the partner had received the income directly, rather than through the partnership. For tax years prior to December 31, 2004, an investment partnership and its partners are subject to the same rules as other partnerships and partners. For those years, any income passed through to a partner from an investment partnership is taxable to Illinois as indicated by the partnership on the Schedule K-1-P that it issued to the partner. See 35 ILCS 5/1501(a) (11.5) for more information. Page 6 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Information for Pass-through Entities Pass-through entities must pay pass-through (MeF) using third-party tax-prep software or mailed to withholding for their nonresident members (including the address on the return. corporations, S corporations, and partnerships) unless the pass-through entity is a partnership or S corporation Does pass-through withholding or PTE tax credit who elects to pay PTE tax for all their members. satisfy the Illinois tax liability for the member? Pass-through withholding is the payment the pass- individual and Maybe. If a member is a nonresident the reported pass-through withholding or PTE tax credit through entity who does not elect to pay PTE tax makes satisfies the member’s Illinois income tax liability, then on behalf of all nonresident members who did not the member is not required to file an Illinois income tax submit Form IL-1000-E to the pass-through entity. PTE return. If the member has Illinois income from other tax is the payment the pass-through entity who elects sources or the pass-through withholding or PTE tax to pay PTE tax makes for all members based on their credit paid does not cover the member’s Illinois income distributive share of the pass-through entity’s income. tax liability, the member must file a return to report the A pass-through entity will pay pass-through withholding tax on all of the member’s Illinois income and claim a or PTE tax, but not both. A pass-through entity that credit for pass-through withholding or PTE tax paid. receives credit for pass-through withholding may use it to offset its PTE tax liability if they elect to pay PTE tax. All Illinois residents who receive pass-through withholding or PTE tax credit must file an Illinois income Entities or individuals receiving a pass-through tax return regardless of whether the pass-through withholding credit or a PTE tax credit receive withholding or PTE tax credit satisfies the member’s Schedule K-1-P as a partner or shareholder or Illinois income tax liability. Schedule K-1-T as a beneficiary in a pass-through entity. Any member that is a pass-through entity itself What does Illinois do with the pass-through is required to report and pay pass-through withholding withholding information received from pass- on behalf of the pass-through entity’s own nonresident through entities? members on the income passed through to them The member information obtained from Schedule B unless they elect to pay PTE tax for all their members. or Schedule D is used to ensure that taxpayers who Members may claim credit on their own Illinois income received income from Illinois sources have filed the tax return for pass-through withholding reported and appropriate tax return and paid any required tax. paid on their behalf. Any entity receiving the PTE tax Taxpayers who have not filed an Illinois tax return, but credit that is not itself a pass-through entity, must report who should have, may receive a Non-filer Notice or the PTE tax credit in the payment section of its own a Notice of Proposed Tax Due. Penalties and interest return. If the entity receiving the PTE tax credit is itself a may be assessed according to Illinois law. If taxpayers pass-through entity, then the credit is passed through to do not respond to these notices, the tax, penalty, and its members based on each member’s distributive share interest will be deemed assessed, and the taxpayer will and reported on Schedule K-1-P or Schedule K-1-T. be referred for collection activity. Collection activity can In the case of a trust, if the PTE tax credit is retained result in property liens, frozen assets and accounts, and by the fiduciary the credit is reported in the payments wage garnishments. section on its own return; however, if the credit is distributed to the beneficiaries, the credit is reported on What if a pass-through entity overpays pass- Schedule D of its own return and on each beneficiary’s through withholding or PTE tax? Schedule K-1-T. If a pass-through entity overpays pass-through What form(s) must the pass-through entity file? withholding or PTE tax, the pass-through entity may request a refund. The members of the pass-through Partnerships file Form IL-1065, including Schedule B. entity are allowed a credit only for their share of pass- S corporations file Form IL-1120-ST, including through withholding or the calculated PTE tax due to Schedule B. the extent that the PTE tax was paid. Trusts and Estates file Form IL-1041, including A pass-through entity cannot amend a return merely Schedule D. to request a refund of any pass-through withholding All required supporting Illinois schedules must be or PTE tax paid. In the case of any overpayment, the included with each return. These returns can be filed member must file a timely claim for credit or refund of electronically through the Modernized e-File program any pass-through withholding or PTE tax credit overpaid by the pass-through entity. 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Pass-through Entity Information Information for Members Each pass-through entity that distributes pass- What other states have a substantially similar through entity income and modifications and reports entity-level tax*? pass-through withholding or PTE tax to IDOR is also responsible for providing this information to State Specific state tax that qualifies its members. For Illinois purposes, the partnership Alabama Ala. Code of 1975 § 40-18-24.4 or S corporation should issue a Schedule K-1-P Arizona Ariz. Rev. Stat. § 43-1014 and a Schedule K-1-P(2), showing the partner’s or Arkansas Ark. Code Ann. § 26-65-01 shareholder’s share of income and modifications, California Cal. Rev. & Tax Code § 19900 and pass-through withholding or PTE tax credit, and the fiduciary should issue a Schedule K-1-T and a Colorado Colo. Rev. Stat. § 39-22-340 Schedule K-1-T(2), showing the beneficiary’s share Connecticut Conn. Gen. Stat. § 12-699 of income and modifications, and pass-through Georgia GA. Code Ann. §§ 48-7-21(b)(7)(C) withholding or PTE tax credit. and 48-7-23(b) The pass-through entity listed on the front of Schedule Idaho Idaho Code Ann. § 63-3026B K-1-P or Schedule K-1-T has completed and provided Louisiana LA. Rev. Stat. Ann. § 47:287.732.2 you with the schedule to reflect your specific share of Maryland MD. Code Ann. Tax-Gen. § 10- the pass-through entity’s income and modifications, and 102.1 credits. Use the completed schedule you received and Massachusetts ALM GL ch. 63D, § 2 Schedule K-1-P(2) or Schedule K-1-T(2) to help report the items shown on Schedule K-1-P or Schedule K-1-T Michigan MCL § 206.813 on your Illinois income tax return. Attach a copy of Minnesota Minn. Stat. Ann. § 289A.08(7a) Schedule K-1-P or Schedule K-1-T to your tax return New Jersey N.J. Stat. Ann. § 54A: 12-3 and keep a copy for your records. New York NY CLS Tax § 862 When is pass-through entity income, pass-through North Carolina Sessions Law 2021-180, SB 105 withholding, and PTE tax credit considered Oklahoma Okl. Stat. tit. 68, § 2355.1P-1 received? Oregon 2021 Or. Laws Ch. 589 § 3 Pass-through entity income, modifications, pass- Rhode Island R.I. Gen. Laws § 44-11-2.3 through withholding, and PTE tax credit are considered South Carolina S.C. Code Ann. § 12-6-545(G) received on the last day of the pass-through entity’s taxable year. Pass-through entity income and Wisconsin Wis. Stat. §§ 71.21(6) and modifications, pass-through withholding, and PTE tax 71.365(4m) credit are not considered received equally throughout *Information is current as of December 29, 2021, and the year nor are they considered received on the last may be subject to change as more states add new day of your tax year. The pass-through entity’s tax year legislation. ending is listed at the top of the Schedule K-1-P or Schedule K-1-T you received. Does the pass-through withholding or PTE tax credit fulfill my Illinois tax liability? Members need to be aware of how this affects their Illinois income tax liability. The two instances when the Based on the information provided by the pass- timing of the receipt of pass-through entity income and through entity and any other Illinois-based income, modifications, pass-through withholding, and PTE tax you must determine your own Illinois tax liability. Use credit are particularly important are Schedule K-1-P(2) or Schedule K-1-T(2) to determine where to report the information from Schedule K-1-P or • when determining estimated payments and Schedule K-1-T on your Illinois income tax return. Any • if the tax rate changes during your tax year. Illinois-sourced income you receive is taxable by Illinois. If you complete your tax return correctly, you will only be taxed on the Illinois-sourced income. If you are a nonresident individual and the pass-through withholding or PTE tax credit reported to you satisfies your Illinois income tax liability, then you are not required to file an Illinois income tax return. If you have Page 8 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Illinois income from other sources or the pass-through Illinois residents must file their own Illinois income withholding or PTE tax credit paid does not cover your tax returns and claim credit for any pass-through liability, then you must file a return to report the tax on withholding or PTE tax credit reported to them. all your Illinois income and claim a credit for the pass- Business entities that receive income from a pass- through withholding or PTE tax credit. A nonresident through entity are responsible for paying tax on that individual member may be able to take a credit for taxes income. paid to Illinois on the member’s home state’s tax return. If a member is filing an Illinois income or replacement tax return, what form must they use? If the member is a(n) then the member should file Individual (married or single) Form IL-1040, Individual Income Tax Return. Illinois nonresidents must also file Form IL-1040, Schedule NR, Nonresident and Part-Year Resident Computation of Illinois Tax. Fiduciary (Trust or Estate) Form IL-1041, Fiduciary Income and Replacement Tax Return, including Schedule D. Illinois nonresidents must also file Form IL-1041, Schedule NR, Nonresident Computation of Fiduciary Income. Corporation Form IL-1120, Corporation Income and Replacement Tax Return. S corporation Form IL-1120-ST, Small Business Corporation Replacement Tax Return, including Schedule B. Partnership Form IL-1065, Partnership Replacement Tax Return, including Schedule B. Exempt Organization Form IL-990-T, Exempt Organization Income and Replacement Tax Return. Unitary Group The appropriate return with Schedule UB, Combined Apportionment for Unitary Business Group, attached. Additional schedules and information may be required. For more information, see the instructions for the specific tax return you are filing. Page 9 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Helpful Hints and Reminders Partnerships and S corporations Members File a return with a fully completed Schedule B listing all Any Illinois-sourced income is taxable in Illinois. partners or shareholders. If you receive one or more Schedules K-1-P or Complete a Schedule K-1-P for each partner or Schedules K-1-T then you may have an Illinois tax shareholder. liability. You must determine your own Illinois tax liability and filing responsibility. Mail the completed Schedule K-1-P to your partners or shareholders in a timely manner and include a copy of If you did not receive Schedule K-1-P(2) or Schedule Schedule K-1-P(2). K-1-T(2) to help you complete an Illinois income tax return, see IDOR’s website at tax.illinois.gov to view If your partners or shareholders contact you with these instructions. questions that you cannot answer, refer them to IDOR or the partner’s or shareholder’s tax professional. If you received a Non-filer Notice or a Notice of Proposed Tax Due from IDOR, you should respond Do not accept Form IL-1000-E from an individual within the time frame provided on the notice. member. If you have a paid tax preparer, complete and submit a Fiduciaries Form IL-2848, Power of Attorney, so your preparer may File a return with a fully completed Schedule D listing all respond to IDOR on your behalf. beneficiaries. If you did not receive a Schedule K-1-P or Complete a Schedule K-1-T for each beneficiary. Schedule K-1-T from the pass-through entity, then you Mail the completed Schedule K-1-T to your should contact the pass-through entity directly to obtain beneficiaries in a timely manner and include a copy of the schedule. Schedule K-1-T(2). Individual members may file using, IDOR’s MyTax If your beneficiaries contact you with questions that you Illinois, our free online account management program at cannot answer, refer them to IDOR or the beneficiary’s mytax.illinois.gov. tax professional. Pass-through entity income, pass-through withholding Do not accept Form IL-1000-E from an individual and PTE tax credit are considered earned on the last member. day of the pass-through entity’s taxable year. Page 10 of 11 PUB-129 (R-06/22 back reformatted) |
Pass-through Entity Information Maine North Regional Building 9511 Harrison Street FA 203 Office Locations Des Plaines, Illinois 60016-1563 800 732-8866 217 782-3336 200 South Wyman Street Rockford, Illinois 61101-1237 555 West Monroe Street 800 732-8866 Suite 1100 217 782-3336 Chicago, Illinois 60661-3605 800 732-8866 217 782-3336 Willard Ice Building 101 West Jefferson Springfield, Illinois 62702 800 732-8866 15 Executive Drive 217 782-3336 Business Center One, Suite 2 Fairview Heights, Illinois 62208-1331 800 732-8866 217 782-3336 2309 W. Main Suite 114 Marion, Illinois 62959-1196 800 732-8866 217 782-3336 For Information Visit our website at tax.illinois.gov. or Forms Call us at 1 800 732-8866 or 217 782-3336. Call our TDD (telecommunications device for the deaf) at 1 800 544-5304. Write us at Illinois Department of Revenue, PO Box 19044, Springfield, IL 62794-9044. Call our 24-hour Forms Order Line at 1 800 356-6302. Page 11 of 11 Printed by authority of the state of Illinois. Web only, One copy PUB-129 (R-06/22 back reformatted) |