2024 Wisconsin Schedule 5K-1 Instructions Table of Contents General Instructions ................................................................................................................... 1 Federal Schedules K-1 ............................................................................................................... 2 Limitations on Losses, Deductions and Credits .......................................................................... 3 Specific Instructions ................................................................................................................... 5 Parts I and II – Information about the Tax-Option (S) Corporation and Shareholder ............... 5 Part III - Schedule 5K-1, Columns (a) Through (e) .................................................................. 7 Shareholders That Are Full-Year Residents of Wisconsin ................................................... 8 Shareholders That Are Nonresidents .................................................................................. 8 Shareholders That Are Part-Year Residents ....................................................................... 9 Line-by-Line Instructions: Part III ...........................................................................................10 Example of Schedule 5K-1 ....................................................................................................18 Part IV – Shareholder's Pro Rata Share of Additions and Subtractions .................................19 Schedule I Adjustments .....................................................................................................20 Line-by-Line Instructions: Additions....................................................................................20 Line-by-Line Instructions: Subtractions ..............................................................................24 Determining Wisconsin Income of Multistate Tax-Option (S) Corporations ................................27 Who Must Use Apportionment? .............................................................................................27 What Is the Apportionment Percentage? ...............................................................................28 What Is Nonapportionable Income? .......................................................................................28 Corporate Partners or LLC Members .....................................................................................28 Separate Accounting .............................................................................................................29 Shareholder Reporting of Schedule 5K-1 Items from a Tax-Option (S) Corporation Electing to Pay Tax at the Entity Level ...............................................................................................................29 Shareholder Reporting Requirements....................................................................................29 Shareholder Basis .................................................................................................................30 Schedule 5K-1 Items Allowed to Be Claimed by the Shareholder ..........................................30 Schedule 5K-1 Items Not Allowed to Be Claimed By the Shareholder ...................................30 Proportionate Share of an Electing Tax-Option (S) Corporation's Income..............................30 Additional Information, Assistance, and Forms..........................................................................31 Web Resources .....................................................................................................................31 Contact Information ...............................................................................................................31 Obtaining Forms ....................................................................................................................31 General Instructions Caution: If a tax-option (S) corporation elects to pay tax at the entity level according to sec. 71.365(4m)(a), Wis. Stats., the shareholders may not include any items of income, gain, loss, or deduction from the Schedule 5K-1 on their income tax return. Instead, the entity must compute and pay the tax due on Schedule 5S-ET. See the section titled: Shareholder Reporting of Schedule 5K-1 Items from a Tax-Option (S) Corporation Electing to Pay Tax at the Entity Level later in these instructions. IC-156 (R. 07-24) |
2024 Wisconsin Schedule 5K-1 Instructions Schedule 5K-1 shows each shareholder’s share of the corporation’s income, deductions, credits, etc., which have been summarized on Schedule 5K. Like Schedule 5K, Schedule 5K-1 requires an entry for the federal amount, adjustment, and amount determined under Wisconsin law of each applicable share item. In addition, Schedule 5K-1 for a nonresident or part-year resident shareholder requires a separate entry for the amount of each share item attributable to Wisconsin. A tax-option (S) corporation must: • Complete a separate Schedule 5K-1 for each of its shareholders. • File all Schedules 5K-1 with its Wisconsin Form 5S return. • Give each shareholder a copy of their Schedule 5K-1 on or before the day Form 5S is filed. • Give each shareholder a copy of the instructions for Schedule 5K-1. • Keep a copy of each shareholder's Schedule 5K-1 as part of the corporation's records. Similar to federal Schedule K-1, the tax-option (S) corporation uses Schedule 5K-1 to report the shareholder's pro rata share of the corporation’s income, deductions, credits, etc., for Wisconsin purposes. Each shareholder should keep a copy of their Schedule 5K-1 for their records and include a copy of Schedule 5K-1 with their tax return. Although the tax-option (S) corporation may have to pay a built-in gains tax, a franchise tax measured by certain federal, state, and municipal government interest income, and/or an economic development surcharge, generally the shareholder is liable for Wisconsin income tax on their share of the tax-option (S) corporation's income, whether or not distributed, and the shareholder must include their share on their Wisconsin income tax return if a return is required. Federal Schedules K-1 Since the Wisconsin Schedule 5K-1 replaces the federal Schedule K-1, a tax-option (S) corporation isn't required to file a federal Schedule K-1 for each shareholder with Form 5S. However, if a tax-option (S) corporation did not make an election to pay tax at the entity level under sec. 71.365(4m)(a), Wis. Stats., and none of the tax-option (S) corporation's lower-tier entities made an election to pay tax at the entity level, the tax-option (S) corporation may submit copies of the federal Schedules K-1 instead of preparing Schedules 5K-1 in the following situations: • If the tax-option (S) corporation operates only in Wisconsin, and reports no adjustments in column (c) and no credits in column (d) of Schedule 5K, the tax-option (S) corporation may use the federal Schedules K-1 to report the Wisconsin tax-option (S) corporation items for all shareholders. • If the tax-option (S) corporation operates in and outside Wisconsin, and, on Schedule 5K, reports no adjustments in column (c) and no credits in column (d), the tax-option (S) corporation may use the federal Schedules K-1 for full-year Wisconsin resident shareholders. A tax-option (S) corporation that files federal Schedules K-1 instead of Wisconsin Schedules 5K- 1 must state on the shareholder’s federal Schedule K-1 that there aren’t any Wisconsin adjustments or credits. 2 |
2024 Wisconsin Schedule 5K-1 Instructions Inconsistent Treatment of Items Generally, each shareholder must report tax-option (S) corporation items shown on their Schedule 5K-1 and any accompanying schedules the same way that the tax-option (S) corporation treated the items on its return. If the shareholder's treatment is (or may be) inconsistent with the tax- option (S) corporation’s treatment, the shareholder must include a statement with their return to identify and explain any inconsistency. Errors If a shareholder believes the tax-option (S) corporation has made an error on their Schedule 5K- 1, the shareholder should notify the corporation and ask for a corrected Schedule 5K-1. The shareholder must not change any items on their copy and must make sure that the corporation sends a copy of the corrected Schedule 5K-1 directly to the Wisconsin Department of Revenue. Corrected Schedules 5K-1 that are only received directly from the shareholder, and not from the tax-option (S) corporation, will not be accepted as the department would not be able to verify whether the tax-option (S) corporation agrees with the changes. Elections Generally, the tax-option (S) corporation decides how to figure taxable income from its operations (e.g., it chooses the depreciation methods used). However, certain elections are made by the shareholder separately on the shareholder's tax return that are not made by the corporation. For example, the shareholder may choose to amortize certain qualified expenditures under sec. 59(e)(2), Internal Revenue Code (IRC). Note: The method of accounting used under sec. 59(e)(2), IRC, must also be used for Wisconsin purposes (see secs. 71.30(1) and 71.36(3), Wis. Stats.). For more information on elections, see Wisconsin Tax Bulletin 214 (July 2021, page 8). Limitations on Losses, Deductions and Credits Caution: The amount of loss and deduction that a shareholder may claim on their Wisconsin return may be less than the amount reported on Schedule 5K-1. It is the shareholder’s responsibility to consider and apply any applicable limitations. There are three separate potential limitations on the amount of tax-option (S) corporation losses that a shareholder may deduct on their return. These limitations are as follows: • The basis of the shareholder's stock, • The at-risk limitations, and • The passive activity limitations. Basis of the shareholder's stock Shareholders are responsible for maintaining records to show the computation of the basis of their stock in the corporation for Wisconsin income tax purposes. Schedule 5K-1 provides information to help shareholders make the computation at the end of each corporate taxable year. The Wisconsin basis of the shareholder's stock (generally, its cost) is adjusted as follows (this list is not all-inclusive): 3 |
2024 Wisconsin Schedule 5K-1 Instructions • Basis is first increased by all income, including tax-exempt income, as computed under Wisconsin law, reported on Schedule 5K-1, column (d). Exception: Basis is not increased by the corporation's excluded discharge of indebtedness income for discharges of indebtedness after October 11, 2001, that are excluded under section 108(a), Internal Revenue Code. Note: The shareholder must report the taxable income on their Wisconsin income tax return (if they are required to file a return) for it to increase their basis. • Basis is then decreased, but not below zero, by: o Property distributions, including cash, made by the corporation, reported on Schedule 5K-1, line 16d, that are not includable in income. (Distributions in excess of Wisconsin basis reported on Schedule 5K- 1, line 16d, and dividend distributions reported on Schedule 5K-1, line 17c, don’t decrease basis.) o Nondeductible expenditures not due to timing differences, as computed under Wisconsin law from Schedule 5K-1, column (d). o All deductible losses and deductions, as computed under Wisconsin law, reported on Schedule 5K-1, column (d). o The shareholder's share of the supplement to the federal historic rehabilitation tax credit or early-stage seed investment credit computed. When figuring the Wisconsin basis in stock of a multistate corporation, the shareholder uses their share of the total company amounts as computed under Wisconsin law, from Schedule 5K-1, column (d), rather than the Wisconsin source income, losses, and deductions from Schedule 5K- 1, column (e). The shareholder may elect to decrease their basis by deductible losses and deductions prior to decreasing their basis by nondeductible expenses. If the shareholder makes this election, any nondeductible expenses that exceed the basis of the shareholder's stock and debt owed to the shareholder by the corporation are treated as nondeductible expenses for the following taxable year. To make the election, the shareholder includes a statement with their timely filed original or amended return, as provided in the federal regulations. Once made, the election applies to the year for which it is made and all future taxable years for that corporation, unless the department agrees to revoke the election. At-Risk Limitations For federal purposes, if a shareholder has a loss or other deduction from any activity carried on by the tax-option (S) corporation, either as a trade or business, or for the production of income, and the shareholder has amounts in the activity for which they aren’t at risk, the shareholder generally will have to figure the allowable loss. The at-risk rules generally limit the amount of loss (including loss on disposition of assets) and other deductions (such as the section 179 expense deduction) that the shareholder can claim to the amount they could actually lose in the activity. The at-risk rules also apply for Wisconsin purposes. 4 |
2024 Wisconsin Schedule 5K-1 Instructions Passive Activity Limitations Section 469, IRC, limits the deduction of certain losses. The rules apply to shareholders who are individuals, estates, trusts, closely held corporations, or personal service corporations, and have a net passive activity loss for the taxable year. Passive activities include trade or business activities in which the shareholder didn’t materially participate, and rental activities, as defined in the federal regulations. Rental real estate activities in which the shareholder materially participated are not passive activities if the shareholder meets certain eligibility requirements. The tax-option (S) corporation will identify separately each activity that may be passive to the shareholder. The shareholder must determine whether their losses are limited by the passive activity rules. The passive activity loss limits also apply for Wisconsin purposes. However, if there are differences between the shareholder's federal and Wisconsin income, the shareholder may have to recompute the amount of passive activity loss deductible for Wisconsin. There are three types of differences between federal and Wisconsin income: • Schedule Iadjustments. • Differences resulting from making different elections for federal and Wisconsin purposes. For more information, see Wisconsin Tax Bulletin 214 (July 2021, page 8). • Wisconsin modifications to federal adjusted gross income prescribed in sec. 71.05(6) to (12), (19), (20), and (24) to (26) Wis. Stats. A Schedule I adjustment may arise if a provision of the Internal Revenue Code doesn’t apply for Wisconsin (e.g., bonus depreciation) or if a federal law change becomes effective at a different time for Wisconsin than for federal purposes. Modifications to federal adjusted gross income include the addition of state and local government bond interest income and the subtraction of the capital gain deduction. For differences resulting from Schedule Iadjustments or different elections, the shareholder must recompute the passive activity loss limits for Wisconsin. However, the shareholder may not recompute the loss limits for Wisconsin modifications. The tax-option (S) corporation should tell the shareholder the reason for any adjustment in column (c) so that the shareholder will know whether they must recompute the passive activity loss limits. Specific Instructions Parts I and II – Information about the Tax-Option (S) Corporation and Shareholder The tax-option (S) corporation enters its name, address, and identifying number in Part I. The tax-option (S) corporation enters the name, address, and identifying number of the shareholder in Part II. If a qualified Subchapter S trust (QSST) is a shareholder, the QSST's (not its beneficiary's) name, address, and identifying number should be entered in Part II. The QSST must file a Wisconsin Form 2 to report its share of the tax-option (S) corporation income. The beneficiary must file an individual income tax return to report the beneficiary's share of the QSST’s income. 5 |
2024 Wisconsin Schedule 5K-1 Instructions If the tax-option (S) corporation is aware that the shareholder is a disregarded entity (other than a QSST) or grantor trust, it enters in Part II the name, address, and identifying number of the member or grantor to whom the income on Schedule 5K-1 will be reported. If this information is entered correctly, it is less likely that the department will need to contact the tax-option (S) corporation or the shareholder to verify that the proper amount of income is reported. Item A. The tax-option (S) corporation must check the appropriate box to indicate what type of entity this shareholder is. Item B. • Box 1. The tax-option (S) corporation must check the "Final 5K-1" box if it ceased to exist, withdrew from Wisconsin, or terminated its tax-option (S) election, or if the shareholder's interest in the tax-option (S) corporation terminated during the taxable year. • Box 2. The tax-option (S) corporation must file an amended Schedule 5K-1 and check the "Amended 5K-1" box to correct an error on a Schedule 5K-1 already filed. The tax-option (S) corporation must include Schedule AR to explain the reason for the changes. • Box 3. The tax-option (S) corporation must check this box if it made the election to pay tax at the entity level. If this box is checked, shareholders should not include in their Wisconsin adjusted gross income their proportionate share of all items of income, gain, loss, or deduction of the tax- option (S) corporation. See the section titled: Shareholder Reporting of Schedule 5K-1 Items from a Tax-Option (S) Corporation Electing to Pay Tax at the Entity Level. For more information about the entity-level tax election and how it affects Schedule 5K-1, see the instructions for Schedule 5S-ET. • Box 4. The tax-option (S) corporation must check this box if it is a member of a multi-tier pass-through entity structure and any of its lower-tiered entities made an election to pay tax at the entity level. If box 4 is checked and box 3 is not checked, the tax-option (S) corporation must provide each shareholder with a detailed schedule showing the amount of the shareholder's items of income, gain, loss, and deduction that have been taxed by a lower-tier entity. Shareholders will use this schedule to complete their Wisconsin income tax returns. For more information about the entity-level tax election and how it affects Schedule 5K-1, see the instructions for Schedule 5S-ET. Item C. The tax-option (S) corporation enters the shareholder’s percentage of stock ownership for the taxable year. If there was a change in shareholders or in the relative interest in stock the shareholders owned during the taxable year, each shareholder’s percentage of ownership is weighted for the number of days in the taxable year that stock was owned. Item D. The tax-option (S) corporation enters the shareholder’s state of residence (domicile). If the state of residence changed during the corporation’s taxable year, indicate all states involved. If the shareholder moved into or out of Wisconsin during the corporation’s taxable year, and the corporation does business in and outside Wisconsin, the shareholder’s Wisconsin share of the tax-option items will be affected. See the instructions below for more information. 6 |
2024 Wisconsin Schedule 5K-1 Instructions Item E. The tax-option (S) corporation checks this box only if the shareholder is a nonresident or part-year resident of Wisconsin during the corporation’s taxable year and the corporation is a multistate corporation that would figure its income under the apportionment method if it were a regular (C) corporation. The tax-option (S) corporation enters its apportionment percentage from Schedule A-01, A-02, A-03, A-04, A-05, A-06, A-07, A-08, A-09, A-10, or A-11, as appropriate. The appropriate apportionment schedule must be included with the Form 5S filed with the department. Item F. The tax-option (S) corporation checks this box only if the shareholder is a nonresident or part-year resident of Wisconsin during the corporation’s taxable year and the corporation is a multistate corporation that would figure its income under the separate accounting method if it were a regular (C) corporation. Include Form C to show the allocation of the amount under Wisconsin law in column (d) of each applicable share item on Schedule 5K to Wisconsin and outside Wisconsin. Item G. The tax-option (S) corporation checks this box if the shareholder is a nonresident who filed Form PW-2 and either received an approved Form PW-2 or received a continuous exemption letter from the department to claim exemption from pass-through entity withholding. Both the tax- option (S) corporation and shareholder must keep a copy of the exemption letter on file to substantiate the withholding exemption. However, the tax-option (S) corporation generally must still report that shareholder on Form PW-1 to disclose that the withholding exemption was claimed. See the Form PW-1 instructions for further details. Item H. The tax-option (S) corporation checks this box if a qualifying shareholder elects to be included on Form 1CNS, Composite Wisconsin Individual Income Tax Return for Nonresident Tax-Option (S) Corporation Shareholders. The tax-option (S) corporation enters the amount of Wisconsin composite tax paid on behalf of the qualifying shareholder from Form 1CNS, Schedule 2, Column (G), in the space provided. The composite return (Form 1CNS) replaces the separate Wisconsin income tax return, Form 1NPR, that otherwise would be filed by the qualifying shareholder. For more information regarding the composite return, see the instructions for Form 1CNS. Part III - Schedule 5K-1, Columns (a) Through (e) Column (a) – Pro rata share items. These item descriptions are substantially identical to the item descriptions on federal Schedule K-1. However, on the lines for other income, other deductions, alternative minimum tax (AMT) items, nondeductible expenses, distributions, and other information, enter the actual description instead of the applicable code from the federal Schedule K-1. Column (b) – Federal Amount. The federal amount is the shareholder’s pro rata share of the amount from Wisconsin Schedule 5K, column (b), and generally should agree with the amount for that item reported on the shareholder’s federal Schedule K-1. Column (c) – Adjustment. The adjustment is the shareholder’s pro rata share of the amount from Wisconsin Schedule 5K, column (c). The tax-option (S) corporation must complete Schedule 5K-1, Part IV for any adjustment in column (c). If the difference arises because a federal law change has not been adopted by Wisconsin (e.g., bonus depreciation), identify it as a “Schedule I adjustment.” Individual shareholders must account for this difference on Wisconsin Schedule I . 7 |
2024 Wisconsin Schedule 5K-1 Instructions Column (d) – Amount Under Wisconsin Law. The amount under Wisconsin law is the shareholder’s pro rata share of the amount from Wisconsin Schedule 5K, column (d). This is the amount used in computing Wisconsin income by a full-year resident of Wisconsin. Full-year Wisconsin resident shareholders, part-year resident shareholders, and nonresident shareholders also use the information from column (d) to calculate the Wisconsin basis in the corporation’s stock. Column (e) – Wisconsin Source Amount. The tax-option (S) corporation fills in this column only for a nonresident or part-year Wisconsin resident shareholder. The Wisconsin source amount is the portion of the shareholder’s amount in column (d) that is attributable to Wisconsin. If the tax- option (S) corporation is doing business in and outside Wisconsin, this generally will be the amount from column (d) multiplied by the tax-option (S) corporation’s apportionment percentage from item E. Caution: Do not fill in column (e) for a shareholder who is a full-year resident of Wisconsin. Shareholders That Are Full-Year Residents of Wisconsin Shareholders who are full-year residents of Wisconsin must report to Wisconsin all income or loss regardless of where it is earned or incurred, unless otherwise exempt (such as United States government interest). Therefore, a tax-option (S) corporation that does business in and outside Wisconsin does not apportion a Wisconsin resident shareholder’s share of its income, loss, and deductions between Wisconsin and elsewhere. The amount determined under Wisconsin law for each item is the shareholder’s share, based on their percentage of stock ownership of the amount on Schedule 5K, column (d). Do not fill in column (e). Shareholders That Are Nonresidents Shareholders who are nonresidents of Wisconsin must report to Wisconsin all income or loss that is earned or incurred in Wisconsin. If Corporation Does Business Only in Wisconsin. A nonresident shareholder’s share of the adjustment and amount determined under Wisconsin law of each item is the shareholder’s share, based on their percentage of stock ownership, of the amounts on Schedule 5K, columns (c) and (d). Enter the amount from column (d) in column (e). If Corporation Does Business in and Outside Wisconsin. A nonresident shareholder’s Wisconsin source amount in column (e) of each item is the shareholder’s amount from column (d) that is attributable to Wisconsin based on apportionment or separate accounting, as appropriate. If the corporation is a unitary, multistate corporation, compute the Wisconsin source amount of each share item by multiplying the amount in column (d) for that item by the apportionment percentage from Item E. If the corporation has nonapportionable income (loss) on Form N, line 14, compute the Wisconsin source amount in column (e) of any affected item by multiplying the amount of the 8 |
2024 Wisconsin Schedule 5K-1 Instructions nonapportionable share item from Schedule 5K, column (d), that is attributed to Wisconsin on Form N by the nonresident shareholder's percentage of stock ownership. If the corporation is a nonunitary, multistate corporation, compute the Wisconsin source amount in column (e) of each share item by multiplying the amount from Schedule 5K, column (d), that is allocated to Wisconsin on Form C by the nonresident shareholder’s percentage of stock ownership. Itemized Deduction Amounts. A shareholder may choose to treat items that are deductible on federal Schedule A in either of the following ways: • As deductions that may be includable in the Wisconsin itemized deduction credit, or • As modifications that are subtracted from federal adjusted gross income to arrive at Wisconsin adjusted gross income. Itemized Deduction Credit: Show the amount that would be used in the Wisconsin itemized deduction credit in column (d). Don't multiply this result by the Wisconsin apportionment percentage or allocate it in and outside Wisconsin using separate accounting, regardless of the shareholder’s state of residence. The shareholder uses the amount from column (d) for the itemized deduction credit. Include the amount that is deductible as a federal itemized deduction in the itemized deduction credit to the extent permitted under Wisconsin law. If the shareholder's federal itemized deductions were limited due to their income level, the shareholder uses the allowable deductions after the limitation is applied. Subtraction Modification: For items claimed as subtraction modifications, the Wisconsin amount is limited to the amount actually allowed as an itemized deduction for federal purposes. The subtraction is limited to the amount actually deductible for federal purposes. (For example, any limitation when federal itemized deductions are reduced due to federal adjusted gross income limits also apply to the subtraction modification). For a nonresident or part-year resident shareholder of a multistate corporation, the Wisconsin amount is further limited to the portion that is attributable to Wisconsin based on apportionment or separate accounting, as appropriate. Therefore, for a nonresident or part-year resident shareholder of a multistate corporation, enter the Wisconsin source amount in column (e). The shareholder uses the amount from column (e) when completing Form 1NPR. Shareholders That Are Part-Year Residents Shareholders who are part-year residents of Wisconsin must report to Wisconsin all income or loss, regardless of where it is earned or incurred, while they were residents of Wisconsin, and all income or loss earned or incurred in Wisconsin while they were nonresidents of Wisconsin. If Corporation Does Business Only in Wisconsin. A part-year resident shareholder’s share of the adjustment and amount under Wisconsin law of each item is the shareholder’s share, based on their percentage of stock ownership, of the adjustment and amount determined under Wisconsin law shown on Schedule 5K, columns (c) and (d), respectively. The tax-option (S) corporation enters the amount from column (d) in column (e). 9 |
2024 Wisconsin Schedule 5K-1 Instructions If Corporation Does Business in and Outside Wisconsin. Compute a part-year resident shareholder’s Wisconsin source amount in column (e) of each item in two parts: one for the portion of the corporation’s taxable year that the shareholder was a resident of Wisconsin, and another for the portion of the corporation’s taxable year that the shareholder was a nonresident of Wisconsin. For this purpose, the amount of any share item is determined on a daily basis. That is, every share item is allocated between the resident and nonresident status of the shareholder based on the number of days during the corporation’s taxable year that the shareholder was a resident or nonresident of Wisconsin. The shareholder’s share of an item for each period (resident or nonresident) is determined in the same manner as that of full-year residents and nonresidents, respectively. Line-by-Line Instructions: Part III Lines 1 through 12, 15, and 17d The entries on these lines show the shareholder's share of the federal amount (column (b)), adjustment (column (c)), and amount reportable under Wisconsin law (column (d)) for each of the items. For nonresident and part-year resident shareholders, the entries also show their share of the amount attributed to Wisconsin (column (e)). These amounts don't consider limitations on losses or other items that may have to be adjusted because of the adjusted basis of the shareholder's stock and debt in the corporation, the at-risk limitations, or the passive activity limitations. If the amount under Wisconsin law for any share item on lines 1 through 12, 15, and 17d differs from the federal amount, the shareholder's Schedule 5K-1 will have an amount in column (c). The shareholder must account for this difference on their Wisconsin franchise or income tax return. How the shareholder accounts for the difference depends on the return they are filing, the share item, and the reason for the difference. If the difference in column (c) arises because a provision of the Internal Revenue Code doesn’t apply for Wisconsin (e.g., bonus depreciation) or a federal law change becomes effective for Wisconsin at a different time, the shareholder must complete Wisconsin Schedule I (Schedule B for estates and trusts) before filling in their Wisconsin income tax return. If the difference results from the tax-option (S) corporation making different elections for federal and Wisconsin purposes, the shareholder must recompute the federal adjusted gross income that they report on their Wisconsin return. These adjustments are often called “Schedule Iadjustments” because individuals must report them on Wisconsin Schedule I . For more information, see WisconsinTax Bulletin 214 (July 2021, page 8). The tax-option (S) corporation must identify the adjustments and provide that information to the individual shareholders on Schedule 5K-1. If the difference is a modification allowed in computing Wisconsin adjusted gross income, the treatment depends on which share item is affected and the return the shareholder is filing: 10 |
2024 Wisconsin Schedule 5K-1 Instructions Modifications on Lines 1, 2, 3, 5, 6, 10, 11, 12, and 17d: • If the shareholder files Form 1, account for any modification to one of these share items by combining the amount from Schedule 5K-1, column (c), with any other Wisconsin modification and entering the total on the appropriate line(s) of Form 1, Schedule AD or Schedule SB. • If the shareholder files Form 1NPR, include on the appropriate line of Form 1NPR or Schedule M, along with any other Wisconsin income or loss, the Wisconsin amount from column (e) of any share item reported on one of these lines. • If the shareholder files Form 2 as a full-year resident estate or trust, account for any modification to one of these share items by entering the amount from Schedule 5K-1, column (c), on Form 2, Schedule A. If the shareholder files Form 2 as a part-year or nonresident estate or trust, enter the appropriate amounts from Schedule 5K-1 on Schedule NR. Interest Income Modifications on Lines 4, 16a, and 17a: Interest income that is exempt from federal income taxes but taxable by Wisconsin, such as state and local government bond interest, is shown as an addition on line 4, column (c) and as a subtraction on line 16a, column (c). • If the shareholder files Form 1, combine the interest income amount from Schedule 5K-1, column (c), with any other interest modification and enter the total on the appropriate line of Form 1, Schedule AD or Schedule SB. • If the shareholder files Form 1NPR, include on the appropriate line of Form 1NPR or Schedule M, along with any other Wisconsin interest income, the Wisconsin source amount of interest income from Schedule 5K-1, column (e). • If the shareholder files Form 2 as a full-year resident estate or trust, account for any modification by entering the amount from Schedule 5K-1, column (c), on Form 2, Schedule A. If the shareholder files Form 2 as a part-year or nonresident estate or trust, enter the appropriate amounts from Schedule 5K-1 on Schedule NR. Capital Gain Modifications on Lines 7 and 8: Resident shareholders enter the Wisconsin law amounts of these share items from column (d) on the appropriate lines of Wisconsin Schedule WD (Schedule 2WD for estates and trusts). Nonresidents and part-year residents enter the Wisconsin source amounts from column (e). Section 1231 Gain/Loss Modifications on Line 9a: Individual shareholders, see the instructions for Part II of Wisconsin Schedule T and submit a recomputed federal Form 4797 as instructed. Estate and trust shareholders, see the instructions for Form 2 and complete the adjustment worksheet as instructed. 11 |
2024 Wisconsin Schedule 5K-1 Instructions Portion of the amount on Line 9a attributable to gains on sales of farm assets on Line 9b: Tax-option (S) corporations enter on line 9b the portion of the net gain attributable to the sales of farm assets included on line 9a held more than one year. Do not include amounts treated as ordinary income for federal income tax purposes because of recapture of depreciation or for any other reason, nor amounts treated as capital gain for federal income tax purposes from the sale or exchange of a lottery prize. “Farm assets” means livestock, farm equipment, farm real property, and farm depreciable property. Other income (loss) on line 10 Tax-option (S) corporations use a separate line for each type of income (loss). If there are more than two types of other income (loss), the tax-option (S) corporation enters "See Attached" on line 10a, column (a), and the appropriate totals in columns (b), (c), (d), and (e). The tax-option (S) corporation submits a separate attachment listing each type and amount of other income (loss). Itemized Deduction Modifications on Lines 12 and 17b: Individual shareholders adjust the deduction items from federal Schedule A when figuring the Wisconsin itemized deduction credit (Form 1, Schedule 1, or Form 1NPR, Schedule 1). Increase or decrease, as appropriate, the amount from federal Schedule A by the amount on Schedule 5K- 1, column (c). Note: Rather than including the tax-option items deductible on federal Schedule A in the Wisconsin itemized deduction credit, the shareholder may treat these items as subtraction modifications to arrive at Wisconsin adjusted gross income. Their modification is limited to the amount actually deductible for federal purposes. Include the amount that is deductible as a federal itemized deduction in the itemized deduction credit to the extent permitted under Wisconsin law. If the shareholder's federal itemized deductions were limited due to income level, the shareholder uses the allowable deductions after the limitation is applied. The subtraction is limited to the amount actually deductible for federal purposes. (For example, any limitation when federal itemized deductions are reduced due to federal adjusted gross income limits also apply to the subtraction modification). If the shareholder is a nonresident of Wisconsin for any part of the corporation’s taxable year, their modification is further limited to that portion of the deductible amount which is attributable to Wisconsin based on apportionment or separate accounting, as appropriate. Line 13a through 13h. Credits Tax-option (S) corporations compute the credits on lines 13a through 13h in the same manner for shareholders who are full-year, part-year, or nonresidents of Wisconsin. Note: Do not multiply the shareholder's proportionate or specially allocated share of credits by the shareholder's apportionment percentage. Nonresidents and part-year residents are eligible for the full amount of credits similar to a full-year resident. (Only the early-stage seed investment 12 |
2024 Wisconsin Schedule 5K-1 Instructions credit and supplement to the federal historic rehabilitation credit may be specially allocated. See the Schedule VC and HR instructions for details.) For each credit, the tax-option (S) corporation enters the shareholder’s proportionate or specially allocated share of the amount on Schedule 5K. The tax-option (S) corporation enters the abbreviation of the credit being claimed next to the word "schedule" on line 13. The abbreviation for each credit is shown in the upper left-hand corner of each respective credit schedule, as well as in parentheses next to the description of the credit from the Schedule 5K instructions. See exceptions below. For the following credits, the tax-option (S) corporation enters the code indicated below instead of the abbreviation from the credit schedule: • Angel Investment Credit – VCA • Early-Stage Seed Investment Credit – VCE • Regular Research Credit – R • Research credit related to designing internal combustion engines for vehicles, including expenses related to designing vehicles that are powered by such engines and improving production processes for such engines and vehicles – RIC • Research credit related to the design and manufacturing of energy efficient lighting systems, building automation and control systems, or automotive batteries for use in hybrid−electric vehicles, that reduce the demand for natural gas or electricity or improve the efficiency of its use - REE The tax-option (S) corporation uses a separate line for each credit being claimed. For example, if the tax-option (S) corporation is claiming the enterprise zone jobs credit, it enters "EC" next to the "Schedule" line. Line 13i. Credit for Tax Paid to Other States Tax-option (S) corporations complete this line only for full-year Wisconsin resident shareholders and part-year Wisconsin resident shareholders. Enter zero for shareholders who are nonresidents of Wisconsin. For a full-year resident, enter in column (d) the shareholder’s proportionate share or specifically allocated share of the amount of the tax credits on Form 5S, Schedule 5K, line 13i. For a part-year resident, enter in column (d) the shareholder's proportionate share or specifically allocated share of the amount of the tax credits on Form 5S, Schedule 5K, line 13i, multiplied by the ratio of days that the shareholder was a resident of Wisconsin during the tax-option (S) corporation’s taxable year to the total days in the tax-option (S) corporation’s taxable year. If a tax-option (S) corporation, limited liability company, or partnership filed its own income or franchise tax return with another state and paid tax on its income to that state, an individual shareholder generally uses Part III of Schedule OS to calculate their credit for net taxes paid to other states. The amount of income to include in the computation of Part III would generally be the individual's pro rata share of the amount of income the entity paid tax to the other state. The entity should provide this information to the individual so that they may compute the appropriate amount of credit for net tax paid to other states. 13 |
2024 Wisconsin Schedule 5K-1 Instructions Note: The amount of eligible qualified production activities income that may be claimed in computing the manufacturing and agriculture credit is reduced by the amount of the qualified production activities income taxed by another state upon which a credit for taxes paid to the other state is claimed. The tax-option (S) corporation will need to provide the shareholders with the amount of eligible qualified production activities income upon which their share of the credit for tax paid to another state was computed so they may use this information when completing their tax returns. Caution: If the tax-option (S) corporation makes an election to be taxed at the entity level under sec. 71.365(4m)(a), Wis. Stats., it must leave line 13i blank. The shareholder may not claim a credit for net tax paid to another state on income taxed on the electing tax-option (S) corporation's Wisconsin tax return or taxes paid on the shareholder's behalf on a composite return. A resident shareholder may not claim a credit for taxes the shareholder paid to another state on income taxed at the entity level in Wisconsin. If the tax-option (S) corporation paid a tax to another state on a corporate return or on a composite return on behalf of the shareholders, the entity may claim a credit on Schedule ET-OS. See the instructions for this schedule for information on computing the credit. Line 13j. Wisconsin Tax Withheld Shareholders enter the amount from line 13j, column (d), on the “Wisconsin income tax withheld” line of their Wisconsin income or franchise tax return. Unless the shareholder elects to be included in a composite return (Form 1CNS), the shareholder must include a complete copy of Schedule 5K-1 with their Wisconsin income or franchise tax return if they claim this credit. If the tax-option (S) corporation was required to file Form PW-1 to withhold tax on behalf of its nonresident shareholders, it enters in column (d) the tax withholding allocated to the shareholder. Caution: Shareholders do not enter their share of pass-through entity withholding as an estimated tax payment on their Wisconsin return. Line 14. Federal Schedule K-3: If the tax-option (S) corporation has items of international tax relevance, check this box, and include federal Schedule K-3 with Schedule 5K-1. If there are differences between the federal and Wisconsin amounts reported on Schedule K-3, include a statement to explain the differences. The shareholder must account for the differences appropriately on the shareholder's Wisconsin franchise or income tax return. Line 15. Alternative Minimum Tax Items – Wisconsin does not have an alternative minimum tax for taxable years beginning on or after January 1, 2019. Tax-option (S) corporations fill in column (b) with the amount from federal Schedule K-1. Do not report any amounts under columns (c), (d), and (e). 14 |
2024 Wisconsin Schedule 5K-1 Instructions Lines 16a through 16c. Tax-Exempt Interest and Non-deductible Expenses Differences in the amount of income that is exempt for federal and Wisconsin purposes are shown on lines 16a and 16b, column (c). Increases or decreases in the amount of nondeductible expenses are shown on line 16c, column (c). Shareholders use the amount from column (d) when computing the Wisconsin basis of their stock. Line 16d. Property Distributions Shareholders reduce their Wisconsin basis in stock of the corporation by the Wisconsin distributions on line 16d, column (d). If these distributions exceed the shareholder's Wisconsin basis in stock and they were a Wisconsin resident when they received the distributions, the shareholder treats the excess as a Wisconsin gain from the sale or exchange of property. Enter any Wisconsin gain on the appropriate line of Wisconsin Schedule WD. Line 16e. Repayment of Loans from Shareholders If the repayments on line 16e are made on indebtedness with a reduced Wisconsin basis and the shareholder received the repayments while they were a Wisconsin resident, the repayments result in income to the shareholder to the extent the repayments are more than the adjusted Wisconsin basis of the loan. If the shareholder is filing Form 1, enter the amount of Wisconsin income realized on Wisconsin Schedule WD, if the loan was a capital asset. If the loan wasn’t a capital asset, enter the difference between federal income and Wisconsin income on Schedule AD or Schedule SB, as appropriate. If the shareholder is filing Form 1NPR, enter the amount of Wisconsin income realized on Wisconsin Schedule WD, if the loan was a capital asset, or on the appropriate line on Form 1NPR or Schedule M, if the loan wasn’t a capital asset. Line 16f. Foreign Taxes Paid or Accrued The tax-option (S) corporation enters the shareholder's proportionate share of the federal amount, adjustment, and amount determined under Wisconsin law from Schedule 5K. Lines 17a Through 17c. Investment Income/Expense and Dividend Distributions Enter the shareholder’s proportionate share of the federal amount, adjustment, and amount determined under Wisconsin law from Schedule 5K for each of these items. Line 17c. Dividend Distributions The shareholder must report the amount from column (d) or (e), as appropriate, as dividend income if they were a Wisconsin resident on the date they received it. The federal amount of the dividend distribution should have been reported to the shareholder on Form 1099-DIV. If the shareholder is filing Form 1, enter the amount from line 17c, column (c), on Schedule AD or Schedule SB, as appropriate. If the shareholder is filing Form 1NPR and the dividend distribution is reportable to Wisconsin, enter the amount from line 17c, column (e), on the appropriate line of Form 1NPR or Schedule M, along with any other dividend income reportable to Wisconsin. 15 |
2024 Wisconsin Schedule 5K-1 Instructions Line 17d. Other Items and Amounts If applicable, the corporation provides supplemental information or lists in the space provided the shareholder's pro rata share of items not included on lines 1 through 17c. This listing should include the federal amount, adjustment, amount under Wisconsin law, and Wisconsin source amount, if applicable, for each item. The shareholder accounts for any other share items listed on line 17d as necessary to include the taxable or deductible amount of each item as computed under Wisconsin law in the shareholder's Wisconsin income. If interest income from United States government obligations is listed, the shareholder must make an adjustment on their Wisconsin return since this income is taxable for federal income tax purposes, but not for Wisconsin purposes. If the shareholder is filing Form 1, include the federal amount of this interest income on Schedule SB. If a shareholder is filing Form 1NPR, include this interest income on the appropriate lines of Form 1NPR and Schedule M. Include the following items on line 17d: • The amount of interest income from United States government obligations that is included on Schedule 5K-1, line 4. Full-year residents use the amount from column (d) and nonresidents and part-year residents of Wisconsin use the amount from column (e). • Information on the sale, exchange, or other disposition of property for which the section 179 expense deduction was claimed. • If the tax-option (S) corporation is engaged in both farming and some other business activity, indicate the portion of each of the share items that is attributable to the farm operations. The shareholders use this information in applying the farm loss limitations. • The amount deducted under the Internal Revenue Code as moving expenses, as defined in sec. 71.01(8j), Wis. Stats., paid or incurred during the taxable year to move the taxpayer's Wisconsin business operations, in whole or in part, to a location outside Wisconsin or to move the taxpayer's business operations outside the United States, must be added back to Wisconsin income. • Any information needed by a shareholder to determine why the Wisconsin amount of any item differs from the federal amount. Note: Tax-option (S) corporations whose Wisconsin shareholders may qualify for the farmland preservation credit should provide a copy of the farmland property tax bill with the Schedule 5K- 1 given to each Wisconsin shareholder. It isn’t necessary for the tax-option (S) corporation to submit the property tax bill with the Schedules 5K-1 sent to the department. Shareholders will compute their allowable credits based on their proportionate shares of the tax-option (S) corporation’s property taxes. For additional information about the farmland preservation credit, see the Wisconsin Schedule FC or FC-A instructions. If the tax-option (S) corporation is a member of one or more other pass-through entities, gross income includes the gross income attributable to those other pass-through entities. Manufacturing and agriculture credit information: If the tax-option (S) corporation computed the manufacturing and agriculture credit on Schedule MA-M and/or MA-A, include on line 17d the amount of income that was used to compute the manufacturing and/or agriculture credit so that the shareholders can use this information when completing Schedule MA-M or MA-A, Part II, Computation of Business Income Limitation for individuals and fiduciaries, if required. 16 |
2024 Wisconsin Schedule 5K-1 Instructions The amount of eligible qualified production activities income that may be claimed in computing the manufacturing and agriculture credit is reduced by the amount of the qualified production activities income taxed by another state upon which a credit for taxes paid to the other state is claimed. The tax-option (S) corporation will need to provide the shareholders with the amount of eligible qualified production activities income upon which their share of the credit for tax paid to another state was computed so they may use this information when completing their tax returns. Caution: If a tax-option (S) corporation makes an election to pay tax at the entity-level under sec. 71.365(4m)(a), Wis. Stats., the shareholder may only use the credit to offset tax liability resulting from the shareholder's prorated share of taxable income from the tax-option (S) corporation for a future year, in which the election is not made. Lines 18a and 18b. Related Entity Expenses If the tax-option (S) corporation paid, accrued, or incurred management fees or interest, rental or intangible expenses to a related person or entity, the corporation completes lines 18a and 18b, as appropriate, to separately disclose the modifications it made to those items under the Wisconsin law requiring “addback” of related entity expenses. Shareholders should verify that any amounts on lines 18a and 18b are included in column (d). If they are not, the shareholder should enter the modifications from lines 18a and 18b on the appropriate lines of Form 1, Form 1NPR, or Form 2, as applicable. Note: The shareholder must make separate addition and subtraction modifications on their return for related entity interest and rental expenses, even if the modifications offset one another. Line 19. Income (Loss) For each of columns (d) and (e), combine lines 1 through 10. From the result, subtract the sum of lines 11 through 12. Add or subtract, as appropriate, any income or deductions reported on line 17d that affect the computation of taxable income. Line 20. Gross Income Individuals combine the amount from column (d) or (e), as appropriate, with gross income from other sources (if any) that is reportable to Wisconsin to determine whether they must file a Wisconsin income tax return. See the instructions for Form 1 or Form 1NPR for information about the filing requirements. Enter the shareholder’s share, based on the percentage of stock ownership, of the corporation’s gross income that is reportable to Wisconsin. The shareholder will use this information to determine whether they must file a Wisconsin income tax return. A full-year Wisconsin resident shareholder’s share of the gross income is the shareholder’s share, based on their percentage of stock ownership, of the amount shown on Schedule 5K, line 20, column (d). A nonresident or part-year resident shareholder’s share of the gross income of a corporation that does business only in Wisconsin is the shareholder’s share, based on their percentage of stock ownership, of the amount shown on Schedule 5K, line 20, column (d). Enter the result in both column (d) and column (e). 17 |
2024 Wisconsin Schedule 5K-1 Instructions Compute a nonresident shareholder’s share of the gross income of a unitary, multistate corporation by multiplying the amount from Schedule 5K, line 20, column (d), by the nonresident shareholder’s percentage of stock ownership and entering the result in column (d). Multiply that amount by the apportionment percentage and enter the result in column (e). Compute a nonresident shareholder’s share of the gross income of a nonunitary, multistate corporation by multiplying the amount from Schedule 5K, line 20, column (d), by the nonresident shareholder’s percentage of stock ownership and entering the result in column (d). Allocate that amount in and outside Wisconsin and enter the portion allocated to Wisconsin in column (e). Compute a part-year resident shareholder’s share of the gross income of a multistate corporation in two parts: one for the portion of the corporation’s taxable year that the shareholder was a resident of Wisconsin and one for portion of the corporation’s taxable year that the shareholder was a nonresident of Wisconsin. Enter the result in column (e). Example of Schedule 5K-1 Corporation S is a calendar-year multistate corporation with a 60% Wisconsin apportionment percentage and no nonapportionable income. Its two shareholders, A and B, each own 50% of the stock of Corporation S. Shareholder A was a Wisconsin resident during all of 2024. Shareholder B was a resident of Wisconsin until moving to Illinois on April 1, 2024. Therefore, Shareholder B was a part-year resident of Wisconsin for 2024, having been a resident for 90 days and a nonresident for 275 days. Schedule 5K for 2024 shows the following amounts on the lines indicated: Schedule 5K (a) Distributive (b) Federal (c) Adjustments (d) Amt. under share items amount WI law 1 Ordinary Income $10,000 ($1,000) $9,000 4 Interest Income 200 500 700 16a Tax-exempt 500 (500) 0 interest income The tax-exempt interest income is state and local government bond interest that is exempt from federal income taxes but taxable by Wisconsin. The adjustments in column (c) on lines 4 and 16a become part of the amount taxable by Wisconsin. For Shareholder A, Schedule 5K-1 would show the following: (a) Distributive (b) Federal (c) Adjustments (d) Amt. under (e) WI source share items amount WI law amount 1 Ordinary Income $5,000 ($500) $4,500 4 Interest Income 100 250 350 16a Tax-exempt 250 (250) 0 interest income 18 |
2024 Wisconsin Schedule 5K-1 Instructions These amounts are determined by multiplying the amounts on Schedule 5K by Shareholder A’s 50% stock ownership percentage. Column (e) is blank because shareholder A is a full-year Wisconsin resident. For Shareholder B, Schedule 5K-1 would show the following: (a) Distributive (b) Federal (c) Adjustments (d) Amt. under (e) WI source share items amount WI law amount 1 Ordinary Income $5,000 ($500) $4,500 $3,144 4 Interest Income 100 250 350 244 16a Tax-exempt 250 (250) 0 interest income The amounts in columns (b), (c), and (d) are computed by multiplying the amount on Schedule 5K by Shareholder B’s 50% stock ownership percentage. The Wisconsin source amounts in column (e) are computed in two parts: one for the 90-day period that Shareholder B was a resident of Wisconsin, and one for the 275-day period that Shareholder B was a nonresident of Wisconsin. The computations of Shareholder B’s amounts in column (e) are shown next: Shareholder B's Line 1: Ordinary Income Period of residence $4,500 x 90/365 = $1,110 Period of nonresidence $4,500 x .6 x 275/365 = $2,034 Total = $3,144 Shareholder B's Line 4: Interest Income Period of residence $350 x 90/365 = $86 Period of nonresidence $350 x .6 x 275/365 = $158 Total = $244 This example involves a multistate tax-option (S) corporation that would file its return using the apportionment method. If the corporation were required to file using the separate accounting method, the calculations would be similar. The calculations for Shareholder A and for the period that Shareholder B was a Wisconsin resident are the same as in the example above. The calculations for the period that Shareholder B was a nonresident of Wisconsin differ in that the Wisconsin amount from Form C (as discussed earlier) is used instead of the Wisconsin amount from Schedule 5K and the Wisconsin apportionment percentage. Part IV – Shareholder's Pro Rata Share of Additions and Subtractions The purpose of this schedule is to provide detail for the amounts entered on Schedule 5K-1, Part III, lines 1 through 12d, column (c). The net amount from this schedule should equal the net amount of the adjustments reported on Schedule 5K-1, Part III, lines 1 through 12d, in column (c). For many situations, the amounts from the additions/subtractions schedule will be entered in line 1 or 2, column (c), of Schedules 5K and 5K-1. If a tax-option (S) corporation only has ordinary income, the net addition/subtraction will be entered on line 1, column (c) of Schedules 5K and 5K-1. Conversely, if the tax-option (S) corporation only has rental real estate income, the net addition/subtraction will be entered on line 2, column (c) of those schedules. 19 |
2024 Wisconsin Schedule 5K-1 Instructions If the tax-option (S) corporation has both ordinary business income and rental real estate income, but no other income, the net addition/subtraction should be allocated between lines 1 and 2, column (c), of Schedules 5K and 5K-1. For situations where a tax-option (S) corporation has multiple sources of income and is required to make numerous adjustments in column (c), the appropriate addition/subtraction adjustment should be made on each income/expense line in column (c) of Schedules 5K and 5K-1. The total adjustments made to column (c) should equal the total adjustment on the addition/subtraction schedule. Schedule IAdjustments If the amounts entered on Part IV are the result of a federal law change that has not been adopted by Wisconsin (e.g., bonus depreciation), identify it as a Schedule Iadjustment. The individual shareholders will account for the adjustment on Schedule I instead of a Schedule AD or Schedule SB adjustment. Line-by-Line Instructions: Additions Line 1. State Taxes Enter all taxes imposed by Wisconsin, any other state, and the District of Columbia that are value- added taxes, single business taxes, or taxes on or measured by net income, gross income, gross receipts, or capital stock that were deducted in computing federal taxable income. Line 2. Related Entity Expenses A corporation must make an addition modification to “add back” expenses attributable to transactions with related parties. The expenses that must be added back include the following, if paid, accrued, or incurred to a related entity: • Interest expenses • Rent expenses • Management fees • Intangible expenses Corporations that are members or beneficiaries of pass-through entities must include on line 2 their share of the pass-through entity’s related entity expenses shown on line 18a of Schedule 5K-1, Part III. Note: If the corporation meets one of the specific conditions provided in the Wisconsin Statutes, the corporation may take a subtraction modification on line 11 for some or all of the amount added back on this line. See the instructions for line 11 for details. Definitions Applicable to Line 2. In determining whether an addback of related entity expenses is necessary, the following definitions apply: 20 |
2024 Wisconsin Schedule 5K-1 Instructions • “Related entity” – A related person under one of the following sections of the Internal Revenue Code (IRC): o Section 267(b), which defines relationships through which taxpayers would be considered “related” for purposes of the disallowance of deduction or loss on transactions between related taxpayers o Section 1563, relating to controlled groups of corporations, which is incorporated into section 267 by reference o Section 707(b), relating to partners of partnerships, which is also incorporated into section 267 by reference A "related entity" also includes certain real estate investment trusts (REITs) if they are not "qualified REITs." For more on qualified REITs, see Wisconsin Tax Bulletin #158, page 17, Questions A2 and A3. • “Interest expenses” – Interest that would otherwise be deductible under sec. 163, IRC, and otherwise deductible in the computation of Wisconsin income. • “Rent expenses” – Gross amounts that would otherwise be deductible under the IRC, as modified for Wisconsin purposes, for the use of, or the right to use, real property and tangible personal property in connection with real property, including services rendered in connection with such property, regardless of how reported for financial accounting purposes and regardless of how computed. • “Management fees” – Expenses and costs, not including interest expenses, pertaining to accounts receivable, accounts payable, employee benefit plans, insurance, legal matters, payroll, data processing, purchasing, taxation, financial matters, securities, accounting, or reporting on compliance matters or similar activities, to the extent that the amounts would otherwise be deductible in determining net income under the IRC as modified for Wisconsin purposes. • “Intangible expenses” – Any of the following, to the extent the amounts would otherwise be deductible in determining net income under the IRC as modified for Wisconsin purposes: o Expenses, losses, or costs for, related to, or directly or indirectly in connection with, the acquisition, use, maintenance, management, ownership, sale, exchange, or any other disposition of intangible property o Losses related to, or incurred in connection directly or indirectly with, factoring transactions or discounting transactions o Royalty, patent, technical, and copyright fees o Licensing fees If a corporation purchases an amortizable intangible asset from a related entity, the amortization expenses on that asset are considered intangible expenses and should be added back. Schedule RT Filing Requirement for Amount on Line 2. If the amount a corporation reports on line 2 exceeds $100,000, the corporation must file Schedule RT, Wisconsin Related Entity Expenses Disclosure Statement, with its return. However, corporations using apportionment may multiply the amount on line 2 by the apportionment percentage for purposes of determining whether they meet the $100,000 threshold for filing Schedule RT. 21 |
2024 Wisconsin Schedule 5K-1 Instructions Line 3. Expenses Related to Nontaxable Income Enter expenses included in federal taxable income that are directly or indirectly related to nontaxable income. Include a schedule with your return showing the payers and amounts of nontaxable income and explaining why that income isn’t taxable. Interest, dividends, and capital gains from the disposition of intangible assets are nontaxable if both of the following are true: • The operations of the payer are not unitary with those of the payee, and • The payer and payee are not related as parent company and subsidiary or affiliates and the investment activity from which the income is received is not an integral part of a unitary business. Income may also be nontaxable under the principles of the U.S. Supreme Court decision in Allied- Signal v. Director, Div. of Taxation, 504 U.S. 768 (1992), if the investment is passive and does not serve an operational function. For corporations subject to the Wisconsin income tax rather than the franchise tax, nontaxable income also includes interest on United States government obligations. Examples of expenses related to nontaxable income include taxes, interest, and administrative fees related to the production of nontaxable income. Also enter on this line any losses included in federal taxable income from disposing of assets if gains from disposing those assets would have been non-taxable income if the assets were disposed of at a gain. Line 4. Section 179, Depreciation, Amortization Differences • Section 179 expenses: Enter the amount by which the Wisconsin section 179 expense exceeds the federal section 179 expense. For taxable years beginning on or after January 1, 2014, sections 179, 179A, 179B, 179C, 179D, and 179E of the Internal Revenue Code, related to expensing of depreciable business assets, apply for Wisconsin tax purposes. "Internal Revenue Code" means the federal Internal Revenue Code in effect for the year in which the property is placed in service. For further information about the differences between the limitations for federal and Wisconsin purposes, see the section titled: Conformity with Internal Revenue Code and Exceptions in the Form 5S instructions. • Depreciation/Amortization (not section 179 expense): Enter the amount by which the federal deduction for depreciation or amortization exceeds the Wisconsin deduction. Include a schedule showing the computation details. These differences can happen because of IRC sections not adopted for Wisconsin purposes and also because of differences that existed between Wisconsin and federal law for assets placed in service before January 1, 1987. 22 |
2024 Wisconsin Schedule 5K-1 Instructions For 2014 and beyond, bonus depreciation was reinstituted by the federal government, and an adjustment is required to account for the depreciation difference because Wisconsin has not adopted federal bonus depreciation provisions. For Wisconsin purposes, depreciation, depletion, and amortization is computed based on the Internal Revenue Code in effect on January 1, 2014, and bonus depreciation was not in effect on that date. Line 5. Amount by Which the Federal Basis of Assets Disposed of Exceeds the Wisconsin Basis Enter the amount by which the federal basis of assets disposed of exceeds the Wisconsin basis. If more than one asset is disposed of, you may combine the bases of the assets so that you need only one entry on this line. Provide a schedule showing the computation details. For example, assume a corporation sold the following assets during the current taxable year: Federal Basis Wisconsin Basis Difference Equipment $1,500 $500 $1,000 Machinery 1,000 2,000 (1,000) Building 20,000 10,000 10,000 Totals $22,500 $12,500 $10,000 The amount to enter would be $10,000. If the Wisconsin bases of the assets had exceeded the federal bases, an entry would be made on line 14. The modification may also apply in cases where a parent corporation disposes of subsidiary stock for which the basis is determined under Treas. Reg. §1.1502-32. See sec. Tax 2.61(6)(f), Wis. Adm. Code, for details. Line 6. Addition for Credits Computed The corporation enters the total amount of credits from the following list that it computes on its 2024 return. Note: The manufacturing and agriculture credit is the credit computed in 2023. • Line 6a. Business development credit (Schedule BD) • Line 6b. Community rehabilitation program credit (Schedule CM) • Line 6c. Development zones credits (Schedule DC) • Line 6d. Economic development credit (Schedule ED) • Line 6e. Electronics and information technology manufacturing zone credit (Schedule EIT) • Line 6f. Employee college savings account contribution credit (Schedule ES) • Line 6g. Enterprise zone jobs credit (Schedule EC) • Line 6h. Reserved for future use • Line 6i. Manufacturing and agriculture credit (2023 Schedule MA-M and MA-A) • Line 6j. Reserved for future use • Line 6k. Research credits (Schedule R) 23 |
2024 Wisconsin Schedule 5K-1 Instructions Line 7. Adjustment for Built-In Gains Tax Section 1366(f), IRC, relating to the reduction in pass-through income for taxes at the S- corporation level, is modified by substituting the Wisconsin built-in gains tax for the taxes imposed under secs. 1374 and 1375, IRC. Thus, for Wisconsin purposes, the gain on the sale of an asset is reduced by any Wisconsin built-in gains tax paid by the corporation on that asset. For federal purposes, however, the gain is reduced by the federal built-in gains tax. Line 8. Addition for Federal Capital Gains and Excess Net Passive Income Taxes If the tax-option (S) corporation reduced net long-term capital gain by an amount of federal capital gains tax or reduced items of passive investment income by an amount of federal excess net passive income tax, those tax amounts must be reported as additions on line 8. Line 9. Other Additions Enter any other additions that have not been accounted for in the preceding lines. List each addition separately with a title showing what the addition is for. Do not simply total the amounts in one entry titled "Other Additions." Line-by-Line Instructions: Subtractions Line 11. Related Entity Expenses Eligible for Subtraction If the corporation made an addition modification for related entity expenses on line 2, this is where the corporation reports the amount that qualifies for a deduction. Enter the amount of the expenses from line 2, that are deductible using the criteria described in Conditions for Deducting Related Entity Expenses, below. For corporations that are members or shareholders of pass-through entities, also include the amount of allowable related entity expense reported on line 18b of Schedule 5K-1, Part III. Conditions for Deducting Related Entity Expenses. Section 71.80(23)(a)3., Wis. Stats., provides that a related entity expense that was added back on line 2, qualifies for a deduction if all of the following conditions are met: • The primary motivation for the transaction was one or more business purposes other than the avoidance or reduction of state income or franchise taxes; • The transaction changed the economic position of the taxpayer in a meaningful way apart from tax effects; and • The expenses were paid, accrued, or incurred using terms that reflect an arm’s length relationship. Factors that may indicate that the expense does not qualify for a deduction include the following: • There was no actual transfer of funds from the taxpayer to the related entity, or the funds were substantially returned to the taxpayer, either directly or indirectly. • If the transaction was entered on the advice of a tax advisor, the advisor’s fee was determined by reference to the tax savings. 24 |
2024 Wisconsin Schedule 5K-1 Instructions • The related entity does not regularly engage in similar transactions with unrelated parties on terms substantially similar to those of the subject transaction. • The transaction was not entered into at terms comparable to arm’s length as determined by Treas. Reg. 1.482-1(b). • There was no realistic expectation of profit from the transaction apart from the tax benefits. • The transaction resulted in improper matching of income and expenses. • An expense for the transaction was accrued under FIN 48. The statutes (sec. 71.80(23)(a)1. and 2., Wis. Stats.) provide some additional conditions under which a related entity expense may qualify for a deduction, subject to some important exceptions. Those conditions are: • If the expense was paid to a related entity that is merely acting as a conduit between the taxpayer and an unrelated entity, or • If the related entity was subject to a tax measured by net income or receipts and the net income or receipts of the transaction were included in its tax base. More Information on Related Entity Expenses. For more information on the deductibility of related entity expenses, see the Schedule RT instructions. Even if you weren’t required to file Schedule RT for the expenses, the instructions to Schedule RT provide helpful information regarding deductibility of related entity expenses. Line 12. Income from Related Entities Whose Expenses Were Disallowed If the corporation has income from a related entity which paid, accrued, or incurred expenses to the corporation, and that related entity could not deduct those expenses according to the instructions for line 2, the corporation may subtract the corresponding income from its taxable income. In order to claim a subtraction on line 12, the corporation must obtain Schedule RT-1 from the related entity and submit Schedule RT-1. See the Schedule RT-1 instructions for further details. Line 13. Section 179, Depreciation Difference, Amortization of Assets • Section 179 expenses: Enter the amount by which the federal section 179 expense exceeds the Wisconsin section 179 expense. For taxable years beginning on or after January 1, 2014, sections 179, 179A, 179B, 179C, 179D, and 179E of the Internal Revenue Code, related to expensing of depreciable business assets, apply for Wisconsin tax purposes. "Internal Revenue Code" means the federal Internal Revenue Code in effect for the year in which the property is placed in service. For further information about the differences between the limitations for federal and Wisconsin purposes, see the section titled: Conformity with Internal Revenue Code and Exceptions in the Form 5S instructions. 25 |
2024 Wisconsin Schedule 5K-1 Instructions • Depreciation/Amortization: Enter the amount by which the Wisconsin deduction for depreciation or amortization exceeds the federal deduction for depreciation or amortization. Include a schedule showing the computation details. These differences can happen because of IRC sections not adopted for Wisconsin purposes and electing a different depreciation method under the Internal Revenue Code in effect for Wisconsin purposes. Line 14. Amount by Which the Wisconsin Basis of Assets Disposed of Exceeds the Federal Basis Sales of assets with different Wisconsin basis than federal basis will also require the corporation to make adjustments in column (c). For example, a corporation sold the following assets, which had been held more than one year: Selling Price Wisconsin Basis Federal Basis Equipment $1,000 $1,500 $500 Machinery 15,000 5,000 17,500 Building 200,000 150,000 120,000 The gains (losses) realized on these transactions are – Wisconsin Gain (Loss) Federal Gain (Loss) Equipment ($500) $500 Machinery 10,000 (2,500) Building 50,000 80,000 Total $59,500 $78,000 The corporation must recompute a federal Form 4797, substituting the Wisconsin depreciation allowed or allowable and Wisconsin basis of the assets for the federal amounts. For federal purposes, the $500 gain on the sale of the equipment is determined to be depreciation recapture, which is treated as ordinary gain and included in the corporation’s ordinary income or loss on Form 5S, Schedule 5K, line 1, column (b). For Wisconsin purposes, $5,000 of the gain on the sale of the machinery is determined to be depreciation recapture, which is treated as ordinary gain. The corporation enters $4,500 ($5,000 Wisconsin ordinary gain minus $500 federal ordinary gain) on Schedule 5K, line 1, column (c). The corporation makes the following entries on Schedule 5K, line 9a: $77,500 in column (b), $(23,000) in column (c), and $54,500 in column (d). Line 15. Adjustment for Built-In Gains Tax Section 1366(f), IRC, relating to the reduction in pass-through income for taxes at the S- corporation level, is modified by substituting the Wisconsin built-in gains tax for the taxes imposed under secs. 1374 and 1375, IRC. Thus, for Wisconsin purposes, the gain on the sale of an asset 26 |
2024 Wisconsin Schedule 5K-1 Instructions is reduced by any Wisconsin built-in gains tax paid by the corporation on that asset. For federal purposes, however, the gain is reduced by the federal built-in gains tax. Line 16. Federal Wage Credits Enter wages that aren’t deductible in computing federal income because they are being used in computing federal wage tax credits. Line 17. Federal Research Credit Expenses Enter research expenses that aren’t deductible in computing federal income because they are being used in computing the federal credit for increasing research activities. Line 18. Commercial Loans If the conditions of sec. 71.05(1)(i), Wis. Stats., are met, then certain income derived from a commercial loan may be exempt from Wisconsin tax. Enter the appropriate amount of the shareholder's share of tax-exempt income from commercial loans on line 18. Line 19. Other Subtractions Enter any other subtractions that have not been accounted for in the preceding lines. List each subtraction separately with a title showing what the subtraction is for. Do not simply total the amounts in one entry titled "Other Subtractions." Determining Wisconsin Income of Multistate Tax-Option (S) Corporations Who Must Use Apportionment? Under the apportionment method, a corporation shows all income and deductions for the corporation as a whole and then assigns a part to Wisconsin according to a formula that determines Wisconsin net income. A corporation engaged in business in and outside Wisconsin is required to report a portion of its total company net income to Wisconsin using the apportionment method if its Wisconsin operations are a part of a unitary business, unless the department gives permission to use separate accounting. A unitary business is one that operates as a unit and can’t be segregated into independently operating divisions or branches. The operations are integrated, and each division or branch is dependent upon or contributory to the operation of the business as a whole. It isn’t necessary that each division or branch operating in Wisconsin contribute to the activities of all divisions or branches outside Wisconsin. To use the apportionment method, a corporation must have business activity sufficient to create nexus in Wisconsin and at least one other state or foreign country. “Nexus” means that a corporation’s business activity is of such a degree that the state or foreign country has jurisdiction to impose an income tax or franchise tax measured by net income. Under Public Law 86- 272, a state can’t impose an income tax or franchise tax based on net income on a corporation selling tangible personal property if the corporation’s only activity in the state is the 27 |
2024 Wisconsin Schedule 5K-1 Instructions solicitation of orders, which are approved outside the state and are filled by delivery from a point outside the state. What Is the Apportionment Percentage? For unitary, multistate businesses (except direct air carriers, interstate air freight forwarders affiliated with a direct air carrier, motor carriers, railroads, pipeline companies, financial institutions, brokers-dealers, investment advisers, investment companies, underwriters, and telecommunications companies whose incomes are apportioned by special rules of the department), the apportionment percentage is determined by the ratio of Wisconsin sales to total company (corporation) sales. For most companies, the apportionment percentage is computed on Schedule A-01. However, the following apportionment schedules should be used by the specialized industries listed below: • Schedule A-02: Interstate Financial Institutions • Schedule A-03: Interstate Motor Carriers • Schedule A-04: Interstate Telecommunications Companies • Schedule A-05: Insurance Companies • Schedule A-06: Interstate Brokers-Dealers, Investment Advisors, Investment Companies, and Underwriters • Schedule A-07: Interstate Air Carriers • Schedule A-08: Broadcasters • Schedule A-09: Interstate Railroads • Schedule A-10: Interstate Pipeline Companies • Schedule A-11: Interstate Air Freight Forwarders Affiliated with a Direct Air Carrier What Is Nonapportionable Income? Nonapportionable income is that income which is allocable directly to a particular state. It includes income or loss derived from the sale of nonbusiness real or tangible personal property or from rentals and royalties from nonbusiness real or tangible personal property. This income is assigned to the state where the property is located. All income that is realized from the sale of or purchase and subsequent sale or redemption of lottery prizes if the winning tickets were originally bought in Wisconsin shall be allocated to Wisconsin. Total nonapportionable income (loss) is removed from total company net income before the apportionment percentage is applied. The Wisconsin nonapportionable income (loss) is then combined with the Wisconsin apportionable income to arrive at Wisconsin net income. Corporate Partners or LLC Members A corporation that is a general or limited partner includes its share of the numerator and denominator of the partnership’s apportionment factors in the numerator and denominator of its 28 |
2024 Wisconsin Schedule 5K-1 Instructions apportionment factors. A corporation that is a member of a limited liability company (LLC) treated as a partnership for federal tax purposes includes its share of the numerator and denominator of the LLC’s apportionment factors in the numerator and denominator of its apportionment factors. The corporation should request a detailed breakdown of the partnership’s or LLC’s items and amounts to be included in the computation of its apportionment factors. Note: Income from a partnership or LLC may be nontaxable under the principles of the U.S. Supreme Court decision in Allied-Signal v. Director, Div. of Taxation, 504 U.S. 768 (1992), if the investment is passive and does not serve an operational function. In this case, the corporation would not include its share of the partnership’s or LLC’s apportionment factors in the numerator and denominator of its apportionment factors. Separate Accounting A corporation engaged in a nonunitary business in and outside Wisconsin must determine the amount of income attributable to Wisconsin by separate accounting. A nonunitary business is one in which the operations in Wisconsin aren’t dependent upon or contributory to the operations outside Wisconsin. Under separate accounting, the corporation must keep separate records of the sales, cost of sales, and expenses for the Wisconsin business. A unitary business may use separate accounting only with the approval of the department. A request for such approval must set forth, in detail, the reasons why separate accounting will more clearly reflect the corporation’s Wisconsin net income. It should be mailed to: Audit Bureau, Mail Stop 6-81 Wisconsin Department of Revenue PO Box 8906 Madison, WI 53708-8906 before the end of the taxable year for which the use of separate accounting is desired. A tax-option (S) corporation uses Form C and Form N, as appropriate, to determine its income attributable to Wisconsin. Shareholder Reporting of Schedule 5K-1 Items from a Tax-Option (S) Corporation Electing to Pay Tax at the Entity Level Shareholder Reporting Requirements According to sec. 71.365(4m)(b), Wis. Stats., shareholders of a tax-option (S) corporation do not include in their Wisconsin adjusted gross income their proportionate share of all items of income, gain, loss, or deduction of the tax-option (S) corporation. Instead, the tax-option (S) corporation must report the items and pay tax on the income. For example, a resident of Wisconsin removes the items from the electing tax-option (S) corporation by completing the appropriate lines of Schedule AD and/or Schedule SB when filing Wisconsin Form 1. 29 |
2024 Wisconsin Schedule 5K-1 Instructions Shareholder Basis The shareholder's adjusted basis in the stock and indebtedness of the tax-option (S) corporation is determined as if the election was not made as provided in sec. 71.365(1)(b), Wis. Stats. Schedule 5K-1 Items Allowed to Be Claimed by the Shareholder • Credits passed through from the tax-option (S) corporation reported on Schedule 5K-1, Part III, lines 13a through 13h Caution: o The tax-option (S) corporation may not pass through a credit for taxes paid to other states and shareholders may not use taxes paid by the tax-option (S) corporation to compute a credit for taxes paid to other states. o A shareholder may only use the manufacturing and agriculture credit to offset their tax liability resulting from their prorated share of the tax-option (S) corporation's income as provided in sec. 71.07(5n)(c)3., Wis. Stats. Since a shareholder of an electing tax-option (S) corporation does not have income and resulting tax from the tax-option (S) corporation in the year of the election, the shareholder cannot use the credit to offset their income tax liability from other sources of income. The shareholder may carry forward the credit for 15 years and use the credit to offset tax liability resulting from the shareholder's prorated share of taxable income from the tax-option (S) corporation for a future year, in which the election is not made. • Wisconsin tax withheld passed through from the tax-option (S) corporation reported on Schedule 5K-1, line 13j Note: The shareholder may only claim the Wisconsin withholding if the tax-option (S) corporation did not claim a refund of the withholding or submit a written request to apply the withholding against tax liability at the entity level. Schedule 5K-1 Items Not Allowed to Be Claimed By the Shareholder All items reported on Schedule 5K-1 other than the items mentioned under Schedule 5K-1 Items Allowed to Be Claimed By the Shareholder above. Proportionate Share of an Electing Tax-Option (S) Corporation's Income Shareholders must report their federal adjusted gross income using the Internal Revenue Code in effect under Wisconsin law on their Wisconsin income tax return. Shareholders must add back to federal adjusted gross income the amount of net loss reported by the tax-option (S) corporation that is included in the federal adjusted gross income. Shareholders must subtract from federal adjusted gross income the amount of income reported by the tax-option (S) corporation that is included in federal adjusted gross income. Note: The department has created some examples in the common questions to assist shareholders with reporting Schedule 5K-1 items from an electing tax-option (S) corporation. 30 |
2024 Wisconsin Schedule 5K-1 Instructions Additional Information, Assistance, and Forms Web Resources The department's website, available at www.revenue.wi.gov has a number of resources to provide additional information and assistance, including: • Related forms and their instructions • Common questions • Publications on specific tax topics • The Wisconsin Tax Bulletin • Links to the Wisconsin Statutes and Administrative Code Contact Information If you cannot find the answer to your question on the department’s website, contact the department using any of the following methods: • E-mail your question to: DORAuditPassThrough@wisconsin.gov • Call (608) 266-2772 (Telephone help is also available using TTY equipment. Call the Wisconsin Telecommunications Relay System at 711 or, if no answer, (800) 947-3529). • Send a fax to (608) 267-0834 • Write to: Customer Service Bureau, Mail Stop 5-77 Wisconsin Department of Revenue PO Box 8949 Madison, WI 53708-8949 • Call or visit any Department of Revenue office Obtaining Forms If you need forms or publications, you may: • Download or request them from the department’s website at www.revenue.wi.gov • Call (608) 266-1961 • Call or visit any Department of Revenue office Applicable Laws and Rules This document provides statements or interpretations of the following laws and regulations enacted as of July 19, 2024: chs. 71 and 77, Wis. Stats., and chs. Tax 1, 2, and 3, Wis. Adm. Code. 31 |