General Information (continued) The required annual payment is the lesser of: • 90% of the current year’s tax liability • 100% of the prior year’s liability. The required annual payment must be paid in four equal installments unless certain exceptions apply (see the instructions for Schedule EST, Additional Charge for Underpayment of Estimated Tax) Payments are due by the 15th day of the fourth, sixth and ninth months of the tax year and the first month following the end of the tax year. If the due date lands on a weekend or legal holiday, payments electronically made or postmarked the next business day are considered timely. Installments for a short tax year are due in equal payments on the 15th day of the third, sixth, ninth, and final months of the tax year depending on the number of months in the short tax year. No installments are required for a tax year of fewer than four months. If estimated tax is required for the S corporation taxes, minimum fee, pass-through entity tax, composite income tax, and/or nonresident withholding, include all in the same quarterly payments. To make an estimated payment, see Payment Options on page 2. If you’re paying by check, visit our website to complete and print a payment voucher to send along with your check. Tax Return Payment If line 24 of Form M8 shows an amount due, you must make a tax return payment (see Payment Options on page 2). If you’re not required to pay electronically, go to www.revenue.state.mn.us to create a voucher to print and submit with your check. Penalties and Interest Late Payment. A late payment penalty is assessed on any tax not paid by the regular due date. The penalty is 6% of the unpaid tax. If you file your return after the regular due date with a balance due, and you do not pay that balance, an additional 5% penalty will be assessed on the unpaid tax. Late Filing. There is also a penalty if you file after the extended due date and owe tax. The late filing penalty is 5% of any tax not paid by the regular due date. Interest. You must also pay interest on the penalty and tax you are sending in late. The interest rate for 2024 is 8%. Other Penalties. There are also civil and criminal penalties for intentionally failing to file a Minnesota return, evading tax and for filing a frivolous, false or fraudulent return. Filing Reminders Accounting Period You must use the same accounting period for Minnesota as you use for your federal return. If you change your federal accounting period, attach a copy of federal Form 1128, Application to Adopt, Change or Retain a Tax Year, to your short-period Minnesota return. Pass-Through Entity Tax An S corporation may elect to file and pay income tax, on behalf of its shareholders, based on the entity’s income at the entity level. See Schedule PTE, Pass-through Entity Tax, for information on the election. If you are filing and paying PTE tax at the entity level, check the box for the PTE tax on the front of Form M8 and see the line 3 instructions on page 5. Composite Income Tax An S corporation, not making a PTE election, may pay composite Minnesota income tax on behalf of its eligible nonresident shareholders who elect to be included in lieu of each shareholder filing their own Minnesota return. The electing individuals must not have any Minnesota source income other than the income from this S corporation and other entities for which they are electing composite filing or are a part of a PTE tax return. Shareholders who receive a share of gross profit or income from an installment sale reported on line 7a or 7b of Schedule KS are not eligible to elect the S Corporation to pay composite income tax on their behalf. If you are paying composite income tax for your electing shareholders, check the box for composite income tax on the front of Form M8 and see the line 4 instructions on pages 5 and 6. Nonresidents included in the composite income tax are not subject to the nonresident withholding requirements (see the next section). Nonresident Withholding S corporations are required to withhold Minnesota income tax for a nonresident shareholder if: • The shareholder has a legal residence that is not Minnesota • The shareholder is not included in composite income tax Continued 3 |
General Information (continued) • The S corporation is not electing to file and pay PTE tax • The shareholder has Minnesota distributive income of $1,000 or more from this S corporation • The shareholder has income that was not generated by a transaction related to the termination or liquidation of the S corporation in which no cash or property was distributed in the current or prior taxable year If the S corporation elected PTE tax, the S corporation is not required to withhold for a nonresident shareholder. The nonresident shareholder may still be required to file an income tax return if they meet the minimum filing requirement ($13,825 for 2023) and the PTE tax does not satisfy their filing requirement. If you are required to pay nonresident withholding, see the line 5 instructions on page 6. Note: Nonresident individual shareholders include grantor trusts that file or can file under Treasury Regulation 1.671‑4(b) and single‑member LLCs when the single member is an individual. Nonresident Entertainers: Compensation paid to a nonresident entertainment entity for performances in Minnesota is not subject to Minnesota income tax. Instead, the compensation is subject to a 2% withholding tax on the gross compensation the entertainment entity receives for performances in Minnesota. An S corporation is an entertainment entity if it is paid compensation for entertainment provided by entertainers who are shareholders. An entertainer includes, for example, a musician, singer, dancer, comedian, thespian, athlete or public speaker. If you are defined by law as an entertainment entity, file Form ETR, Nonresident Entertainer Tax Return, by April 15 of the following year the income was reported. For additional information, see Withholding Fact Sheet 11, Nonresident Entertainer Tax. If you are an entertainment entity that received compensation for performances in Minnesota and have no other type of Minnesota income, you are not required to file Form M8. Use of Information All information on this form is private, except for your Minnesota tax ID number, which is public. Private information cannot be given to others except as provided by state law. The identity and income information of the shareholders are required under state law so the department can determine the shareholder’s correct Minnesota taxable income and verify if the shareholder has filed a return and paid the tax. The Social Security numbers of the shareholders are required under M.S. 289A.12, subd. 13. Assembling Paper Returns Arrange your Minnesota schedules in the order they were completed and place them behind your Form M8. Schedules KS should be grouped together and sorted with the largest share of Minnesota source income first. Then place your federal return and its schedules behind the Minnesota material. Do not staple or tape any enclosures to your return. Where to File Paper Returns Mail your Form M8 and all completed Minnesota and federal forms and schedules using a mailing label (below). If you do not use the label, mail your forms to: Minnesota S Corporation Income Tax Mail Station 1770 600 N. Robert Street St. Paul, MN 55146‑1770 Reporting Federal Changes If the Internal Revenue Service (IRS) changes or audits your federal return or you amend your federal return, you must amend your Minnesota return. File your Form M8X, Amended S Corporate Return, within 180 days after you were notified by the IRS or after you filed your federal amended return. Enclose a copy of the IRS report or your amended federal return with your amended Minnesota return. If you fail to report changes as required, a 10% penalty will be assessed on any additional tax. 4 |
Completing Form M8 Before you file Form M8, you must complete the following: • Federal Form 1120S and supporting schedules. • Schedule KS for each nonresident shareholder, any Minnesota resident shareholder who has adjustments to income, and all shareholders if the S corporation elected PTE tax (see page 12). Check Boxes Initial Return. If this is the S corporation’s first return filed in Minnesota, check the box on the front of the form. Composite Income Tax. If you are paying composite income tax for your electing shareholders, check the box for composite income tax on the front of your return and see the instructions for line 4. Financial Institutions. If you are a financial institution electing to be taxed as an S corporation for federal purposes, check the box on the front of the form. Qualified Subchapter S Subsidiary (QSSS). If you are including a qualified subchapter S subsidiary (QSSS) on this return, check the box on the front of your Form M8. Final Return. If the S corporation is out of business and/or is not required to file Form M8 in future years, check the “Out of Business” box on the front of the Form M8. If you checked the “S election termination” box on your federal Form 1120S, you must attach a copy of your federal return to your Form M8. Installment Sale of Pass-through Assets or Interests. You are required to check the “Installment Sale of Pass‑through Assets or Interests” box if the entity did any of the following: 1) executed an installment sale, after December 31, 2016, of S corporation stock or partnership interests being reported on federal Form 6252 2) executed an installment sale, after December 31, 2016, of S corporation assets and is reporting the sale on federal Form 6252 3) owns an interest in an S corporation, partnership, or trust reporting installment sale gains on line 7 of Schedule KPI or KS, line 6 of Schedule KF, or line 10 of Schedule KPC If you are required to check the Installment Sale of Pass‑through Assets or Interests, also complete line 7 of all applicable Schedules KS to report installment sale information to your shareholders. Public Law 86-272. Check this box to indicate you are claiming to be exempt from Minnesota income tax under Public Law 86‑272. Pass-Through Entity (PTE) Tax. Check this box if the S corporation is electing to pay PTE tax at the entity level on behalf of their shareholders. Include Schedule PTE with Form M8. Tax Position Disclosure. If you filed Form TPD to disclose items or positions that are not otherwise adequately disclosed on your return. See Form TPD for more details. Line Instructions Round amounts to whole dollars. Decrease amounts less than 50 cents and increase amounts 50 cents or more to the next higher dollar. Corporate Partners: When completing Form M8 and Schedule KS, be sure to include any amounts reported on the Schedule KPC you received as a partner of a partnership (include Schedule KPC with your return). Line 1—S Corporation Taxes Enter the total of the following S corporation taxes on line 1, and check the applicable boxes to indicate the tax types included. Show the detail for each type of tax and the percentage apportioned to Minnesota. For each tax, enclose a separate schedule showing your computation. • Passive income: Determine the Minnesota portion of passive income subject to federal tax. Multiply that amount by 9.8% (0.098). Enclose a copy of the federal schedule used to figure your federal tax. • Federal Schedule D Taxes: Determine the Minnesota portion of recognized built-in gain and net capital gain subject to federal tax. Multiply that amount by 9.8% (0.098). • LIFO Recapture: If the S corporation is paying the LIFO recapture tax (figured for the last year the corporation was a C corporation) over a four-year period, include this year’s installment. Line 2—Minimum Fee Complete M8A of Form M8 to determine the minimum fee to enter on line 2. See the M8A instructions beginning on page 9. Line 3 - Pass-Through Entity Tax Complete Schedule PTE to elect and determine the amount of tax to enter on line 3. Include Schedule PTE with your return filing. Line 4—Composite Income Tax To determine line 4, you must first figure the amount of composite tax attributed to each electing shareholder. See the instructions for line 49 of Schedule KS on page 16. Add the composite income tax attributed to all electing shareholders (the total of lines 49 from all Schedules KS), and enter the result on line 5 4 of Form M8. Continued |
Completing Form M8 (continued) Line 5—Nonresident Withholding To determine line 5, you must first figure the amount to withhold for each nonresident shareholder. See the instructions for line 50 of Schedule KS on pages 16 and 17. Add the withholding required for all nonresident shareholders (the total of lines 50 from all Schedules KS), and enter the result on line 5 of Form M8. If you received a signed and dated Form AWC, Alternative Withholding Certificate, from one or more shareholders, check the box provided on line 5 of Form M8. You must include the certificate(s) when you file your return. Line 7—Employer Transit Pass Credit If you provided transit passes at a reduced cost to your employees for use in Minnesota, complete and enclose Schedule ETP, Employer Transit Pass Credit. Enter the amount of the credit that is being claimed directly by the S corporation and not passed through to shareholders. Line 8—Film Production Tax Credit If you received a credit certificate from the Department of Employment and Economic Development (DEED) for eligible production costs, enter the credit amount on line 8 and the certificate number in the space provided. Enter the amount of the credit that is being claimed directly by the S corporation and not passed through to shareholders. If you have multiple credits, enter the certificate number your corporation received directly from DEED within the certificate number box. If you have multiple credits and received all credits from other pass‑through entities, enter the certificate number relating to the largest credit amount within the certificate number box. Subtotal all credit amounts on line 8. Include a statement showing the certificate number and corresponding credit amounts for all credits you included on line 8. For more details regarding this tax credit, go to the DEED website at mn.gov/deed. Line 9—Tax Credit for Owners of Agricultural Assets If you received a credit certificate from the Minnesota Rural Finance Authority for selling or leasing agricultural assets to a beginning farmer, enter the certificate number in the space provided and credit amount on line 9. If you have multiple credits, enter the certificate number your corporation received directly from the Rural Finance Authority within the certificate number box. If you have multiple credits and received all credits from other pass‑through entities, enter the certificate number relating to the largest credit amount within the certificate number box. Subtotal all credit amounts on line 9. Include a statement showing the certificate numbers and corresponding credit amounts for all credits you included on line 9. Line 10—Housing Tax Credit If you received a certificate from the Minnesota Housing Finance Agency (MHFA) for qualifying contributions to a state fund, enter the credit amount on line 10 and the certificate number in the space provided. You may carry any unused credit forward for up to 10 years. For more details regarding this tax credit, go to the MHFA website at www.mnhousing.gov. Line 11—Short Line Railroad Infrastructure Modernization Credit You may be eligible for the nonrefundable Short Line Railroad Infrastructure Modernization Credit if the S corporation operates as a Class II or Class III Railroad. If you qualify, complete Schedule RAIL, Short Line Railroad Infrastructure Modernization Credit. Enter the credit amount on line 11. You may carry any unused credit forward for up to five years or transfer the unused credit to one other taxpayer. To transfer the credit, complete the Assignment Form on Schedule RAIL. Line 12—Credit for Sales of Manufactured Home Parks to Cooperatives You may be eligible for the nonrefundable Credit for Sales of Manufactured Parks to Cooperatives if the S corporation sold a manufactured home park to a cooperative. If you qualify, complete Schedule MHP, Credit for Sales of Manufactured Home Parks to Cooperatives. Enter the credit amount on line 12. You may carry any unused credit forward for up to 5 years. Line 15—Minnesota Nongame Wildlife Fund You can help preserve Minnesota’s rare and endangered animals and plants by donating to this fund. Your donation will be added to your total tax and will decrease your refund or increase your balance due. Monies donated are deductible the following year. For more information, go to the Minnesota Department of Natural Resources website at www.dnr.state.mn.us. Continued 6 |
Completing Form M8 (continued) Line 17—Enterprise Zone Credit If your business has been certified and approved by the Minnesota Department of Employment and Economic Development (DEED) as employment property in an enterprise zone, enter the credit that is being claimed directly by the S corporation and not passed through to the shareholders. Attach the certification document received from the DEED. For details about the zones, go to the DEED website at mn.gov/deed. Line 18—Estimated Tax and Extension Payments Enter your total prepayments, including: • Your total 2023 estimated tax payments made in 2023 and 2024 paid either electronically or with a payment voucher • Any 2023 extension payment, paid electronically or with a payment voucher, that was made by the regular due date when filing under an extension • The portion of your 2022 refund applied to your 2023 estimated tax Line 21—Penalty Penalties are collected as part of the tax and are in addition to any additional charge for underpaying estimated tax. If you are paying your tax after the regular due date, include the appropriate penalties on line 21. Late Payment. If the tax is not paid by the regular due date, a penalty is due of 6% of the unpaid tax on line 20. Late Filing. If you file your return after the extended due date and owe tax, you must pay a late filing penalty. The late filing penalty is 5% of the unpaid tax on line 20. Balance Not Paid. If you file your return after the regular due date and have a balance due, and that tax is not remitted with the return, an additional penalty is assessed. The additional penalty is 5% of the unpaid tax on line 20. Payment Method. If you are required to pay electronically and do not, an additional 5% penalty applies to payments not made electronically, even if your paper check is sent on time. If, during the 12 months ending June 30 of the tax year, you paid $10,000 or more in estimated tax payments, you are required to make all future estimate tax payments electronically beginning January 1 of the following tax year. Once you meet the electronic payment threshold, you are required to pay electronically for all future periods. You must also pay electronically if you’re required to pay any Minnesota business tax electronically, such as sales or withholding tax. Line 22—Interest You must pay interest on the unpaid tax and penalty from the regular due date until the total is paid. The interest rate for calendar year 2024 is 8%. To figure how much interest you owe, use the following formula with the appropriate interest rate: Interest = (tax + penalty) x # of days late x interest rate ÷ 365 Line 23—Additional Charge for Underpayment of Estimated Tax If you did not pay the correct amount of estimated tax by the due dates, you may have to pay an additional charge for underpaying or not paying estimated tax. You may also owe an additional charge if the following is more than $500: • Line 6 • Less any credits on lines 7 through 12, and 17 Complete Schedule EST, Additional Charge for Underpayment of Estimated Tax, to determine the additional charge for underpaying estimated tax. Enter the total charge, if any, on line 23. Enclose the schedule with your return. Line 24—Amount Due Add lines 20 through 23. This is the amount of tax you owe. Be sure to check the appropriate box on line 24 to indicate your method of payment. See Payment Options on page 2. Line 25—Overpayment If line 19 is more than the sum of lines 16 and 21 through 23, subtract the sum of lines 16 and 21 through 23 from line 19. If you have an overpayment, you may choose to have it direct deposited into your bank account. You may also choose to apply all or a portion of your overpayment toward your 2024 estimated tax account. Line 26—2024 Estimated Tax Skip this line if you owe additional tax. If you are paying 2024 estimated tax, you may apply all or a portion of your refund to your 2024 estimated tax. Enter the portion of line 25 7 you want to apply toward your 2024 estimated tax. |
Completing Form M8A (continued) Tangible Personal Property Sales of tangible personal property are attributed to Minnesota if the property is received by a purchaser within Minnesota and the S corporation is taxed in this state, regardless of the f.o.b. point or other conditions of sale, or the ultimate destination of the property. Tangible personal property delivered to a common or contract carrier or foreign vessel for delivery to a purchaser in another state or nation is a sale in that state or nation, regardless of f.o.b. point or other conditions of sale. Property is received by a purchaser in Minnesota if the recipient is located in this state, even if the property is ordered from outside Minnesota. Sales of tobacco products, beer, wine and other alcoholic beverages to someone licensed to resell the products only within the state of ultimate destination is a sale in the destination state. Receipts from leasing or renting tangible personal property, including finance leases and true leases, are attributed to the state in which the property is located. Receipts from the lease or rental of moving property are attributed to Minnesota to the extent the moving property is used in Minnesota. The extent of use is determined as follows: • A motor vehicle is used wholly in the state in which it is registered. • Receipts from rolling stock are assigned to Minnesota in the ratio of miles traveled in Minnesota to total miles traveled. • Receipts from aircraft are assigned to Minnesota in the ratio of landings in Minnesota to total landings. • Receipts from vessels, mobile equipment and other mobile property are assigned to Minnesota in the ratio of days the property is in Minnesota to the total days of the tax year. Intangible Property Sales of intangible property are attributed to the state in which the property is used by the purchaser. Royalties, fees and similar income received for the use of or the privilege of using intangible property (such as patents, copyrights, trade names, franchises or similar items) are attributed to the state in which the property is used by the purchaser. Intangible property is attributed to Minnesota if the purchaser uses the property, or rights in the property, to conduct business within this state, regardless of the location of the purchaser’s customers. If the property is used in more than one state, then the sales or royalties must be apportioned to Minnesota pro rata based on the portion of use within this state. If you cannot determine the portion of use in Minnesota, then exclude the sales or royalties from both the numerator and denominator of the sales factor. Personal Services Receipts from the performance of personal services are attributed to the state in which the services are received. Receipts from services provided to a corporation, partnership or trust may only be attributed to a state in which it has a fixed place of doing business. If you can’t determine where the service was received, or if it was received in a state where the corporation, partnership or trust doesn’t have a fixed place of business, use the location of the office of the customer from which the service was ordered. If you can’t determine the ordering office, use the office location to which the service was billed. Minimum Fee M8A, lines 6-9 S corporations are subject to a minimum fee if the sum of its Minnesota source property, payroll and sales or receipts is at least $1,160,000. M8A, line 7—Adjustments The minimum fee is determined by your total Minnesota property, payroll and sales. In some cases the property and sales used for computing the minimum fee will be different than the amounts reported on lines 1‑6. The following adjustments should be made to your Minnesota factors on line 7. Add: All tangible property owned or rented that is not included on line 6 of M8A. Some examples include construction in progress, idle property, any nonbusiness property or rent expense. The amounts should be determined in the same manner as the amounts on lines 1–5. Subtract: • Any amounts included on lines 3, 4 or 5 that represent your share of the factors passed through from partnerships. • Any sales or receipts from an air carrier business. • If the tax year is a short tax year, subtract the amount of the average value of tangible property that is excluded because of prorating for a short tax year. The amount excluded for a short year is determined by multiplying M8A, column A, line 1 by the fraction: Continued 10 |
Completing Form M8A (continued) 365 - number of days in the tax year 365 Enclose a schedule showing the computation and pass‑through information of any adjustments listed on M8A, line 7. Apportionment for Financial Institutions Financial institution means any of the following: 1) Any corporation or other business entity registered in one of these ways: • under state law as a bank holding company • under the federal Bank Holding Company Act of 1956, as amended • as a savings and loan holding company under the federal National Housing Act, as amended 2) Any regulated financial corporation; or a national bank organized and existing as a national bank association pursuant to the provisions of U.S.C., title 12, chapter 2. 3) A savings association or federal savings bank as defined in United States Code, title 12, section 1813(b)(1). 4) Any bank or thrift institution incorporated or organized under the laws of any state. 5) Any corporation organized under United States Code, title 12, sections 611 to 631. 6) Any agency or branch of a foreign depository as defined under United States Code, title 12, section 3101. 7) Any corporation or other business entity that is more than 50% owned, directly or indirectly, by any person or business entity described in clauses (1) to (6), other than an insurance company taxable under chapter 2971. 8) A corporation or other business entity that derives more than 50% of its total gross income for financial accounting purposes from finance leases. For the purposes of this clause, “gross income” means the average from the current tax year and immediately preceding two years and excludes gross income from incidental or occasional transactions. For purposes of this clause, “finance lease” means any lease transaction that is the functional equivalent of an extension of credit and that transfers substantially all the benefits and risks incident to the ownership of property, including any direct financing lease or leverage lease that meets the criteria of Financial Accounting Standards Board Statement No. 13, accounting for leases, or any other lease that is accounted for as financing by a lessor under generally accepted accounting principles. 9) Any other person or business entity, other than an insurance company that derives more than 50% of its gross income from activities that an entity described in clauses (2) to (6) or (8) is authorized to transact. For the purposes of this clause, gross income does not include income from nonrecurring, extraordinary items. Financial institutions complete M8A the same way as other S corporations, except for lines 1d and 5. M8A, Line 5—Sales or Receipts Factor Financial institutions use a receipts factor instead of a sales factor. Include the gross income from activities in the ordinary course of business, including income from securities and money market instruments. The following are considered Minnesota income: • interest income from loans secured by real or tangible personal property located in Minnesota • interest on consumer loans not secured by real or tangible personal property if the borrower is a Minnesota resident • interest on commercial loans not secured by real or tangible personal property if the proceeds are applied in Minnesota • merchant discount income if the merchant is located in Minnesota • receipts from travelers checks if purchased in Minnesota • receipts from credit cards if regularly billed in Minnesota • receipts for regulated financial institutions from securities, based on the ratio of total deposits from Minnesota to total deposits in and outside Minnesota • receipts for nonregulated financial institutions from securities, based on the ratio of gross business income from Minnesota to total gross business income • receipts from secondary market assets treated in the same way as securities • receipts from the performance of services if the services are received in Minnesota 11 |
Completing Schedule KS Purpose Complete and provide Schedule KS to: • All nonresident individual, estate, or trust shareholders • Any Minnesota individual, estate, or trust shareholders who have adjustments to income • All shareholders if the S corporation is electing PTE Tax An S corporation must provide each shareholder with enough information for them to complete a Minnesota income tax return and determine their correct Minnesota tax. Schedule KS is used to provide shareholders with the information they need to file a Minnesota income tax return. The schedule shows each shareholder their specific share of the S corporation’s income, credits and modifications. Provide the shareholder a copy of both pages of the completed Schedule KS and the instructions. You do not have to provide Schedule KS if all the following are true: • There are no modifications or credits • The individual shareholder is a full-year Minnesota resident • The S corporation did not elect PTE Tax You must enclose with your Form M8 copies of the Schedules KS and attachments issued to your shareholders and copies of your federal Schedules K and K‑1. If you are required to amend your federal S corporation return or you have been audited by the IRS, you must file Form M8X and Schedules KS, if appropriate. (See Reporting Federal Changes on page 4.) Line Instructions Enter the name, address and identifying number of the shareholder. A $50 penalty will be assessed for each incorrect tax ID number used for a shareholder after being notified by the department that the number is incorrect. Calculate lines 1–35 the same for all resident and nonresident shareholders. Calculate lines 36‑47 for estate, trust, and nonresident individual shareholders, and resident individual shareholders if the S corporation elected PTE tax. Calculate lines 48‑50 for nonresident shareholders only. Corporate Partners: When completing Schedules KS, be sure to include the pro rata shares of any amounts reported on the Schedule KPC you received as a partner of a partnership (include Schedule KPC with your return). All Shareholders Lines 1–35 KS, line 1 If you received federally tax-exempt interest dividends from a mutual fund, you may have to enter an amount on line 1. To determine the amount, if any, use the following instructions: • If 95% or more of the federally tax-exempt dividends from a mutual fund came from bonds issued by Minnesota, include only the portion of the federally tax-exempt dividend generated by non-Minnesota bonds. • If less than 95% of the federally tax-exempt interest dividends from a mutual fund came from bonds issued by Minnesota, include all of the federally tax-exempt interest dividend from that fund. Enter the shareholder’s pro rata share of this amount on line 1. KS, line 2 Determine the state income tax deducted in arriving at ordinary income or net rental income of the S corporation. Do not include the minimum fee, the built-in gains tax, capital gains tax, LIFO recapture tax or excess net passive income tax in this amount. Enter the shareholder’s pro rata share of this amount on line 2. KS, line 3 Expenses or interest deducted on your federal return that relate to income not taxed by Minnesota must be added back to the shareholder’s Minnesota income. Enter the shareholder’s pro rata share of any federal deductions that are attributable to income not taxed by Minnesota, other than U.S. government bond interest or other federal obligations. If you had expenses attributable to interest or mutual fund dividends from U.S. bonds, see line 14 of Schedule KS. Do not include these expenses on line 3. Enclose an explanation or statement showing your computation. KS, line 4 If you claimed federal bonus depreciation, your shareholders must add back 80% of the bonus depreciation to Minnesota. Continued 12 |
Completing Schedule KS (continued) Follow the steps below to determine the shareholder’s share to enter on line 4: 1. Add line 14 and line 25 of your federal Form 4562.............................................................. 2. Total of any bonus depreciation amounts passed through to the S corporation as a partner of a partnership (from line 7 of Schedule KPC).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Add steps 1 and 2 ....................................................................................... 4. Multiply step 3 by the shareholder’s percentage of stock ownership. ............................................... Enter the result from step 4 on line 4 of the shareholder’s Schedule KS. Federal bonus depreciation subtraction. For five years following the addback year, your shareholders may be able to subtract one‑fifth of the addback on their Minnesota income tax return. See the instructions for Form M1 or Form M2 for details. KS, line 5 Determine the amount of foreign-derived intangible income (FDII) you deducted from net income under the Internal Revenue Code (IRC) section 250 for the taxable year. Enter the shareholder’s pro rata share of this amount on line 5. KS, line 6 This line is intentionally left blank. KS, line 7a Enter shareholder’s share of the gross profit from any installment sale of S corporation stock or assets, or partnership interests or assets executed after December 31, 2016. If the sale was completed by the entity completing this schedule, the total gross profit to be allocated amongst shareholders is reported on federal Form 6252, line 16. If the sale was executed by an entity owned by this entity, or another entity in a multi-tiered structure, this information is reported on: • Schedule KF, line 6a • Schedule KS, line 7a • Schedule KPC, line 10a If installment sale information is reported to this entity on informational schedules from other entities, the amount reported to the partners should equal the total amount reported to this entity on all Schedules KF, KS, and KPC. If the trust receives installment payments from multiple sales executed after December 31, 2016, attach a schedule to Form M8 detailing the different sales and distributive allocations. KS, line 7b Enter shareholder’s share of installment sale income from the sale of S corporation stock, partnership interests, and any installment sale income from the sale of the assets of any S corporation or partnership. If the sale was completed by the partnership completing this schedule, the total installment sale income to be allocated to the partners is reported on Form 6252, line 24. If the sale was executed by an entity owned by this entity, or another entity in multi-tiered structure, this information is reported on: • Schedule KF, line 6b • Schedule KS, line 7b • Schedule KPC, line 10b If installment sale information is reported to this entity on informational schedules from other entities, the amount reported to the partners should equal the total amount reported to this entity on all Schedules KF, KS, and KPC. KS, lines 8 - 13 These lines are intentionally left blank. KS, line 14 Interest earned on certain direct federal obligations is taxable on the federal return, but is not taxable on the state return. Determine the net interest you received from primary obligations issued by the U.S. government, such as savings bonds and treasury notes, that are held directly by the S corporation. Do not include obligations where the U.S. government is only a guarantor. Be sure to subtract any investment interest and other expenses you deducted on the federal return that relate to this income. Enter the shareholder’s pro rata share of this amount on line 14. KS, line 15 Determine the amount of deferred foreign income included in net income under IRC section 965 for the taxable year. Enter the shareholder’s pro rata share of this amount on line 15. Continued 13 |
Completing Schedule KS (continued) • If the S corporation’s initial application for allocation certificate was submitted to SHPO after December 31, 2017, use one‑fifth of the credit amount shown on the credit certificate. Enter the shareholder’s share of the Historic Structure Rehabilitation Credit based on the shareholder’s share of the S corporation’s assets, or as specifically allocated in the S corporation’s organizational documents, as of the last day of the taxable year. You must also include the NPS project number, which is provided on the credit certificate you received from the SHPO of the Minnesota Historical Society when the project was completed and placed into service. KS, line 28 Enter the shareholder’s pro rata share of the Employer Transit Pass Credit that is passed through to the shareholders. KS, line 29 Enter the shareholder’s pro rata share of the Enterprise Zone Credit that is passed through to the shareholders. KS, line 30 If you elected PTE Tax on Schedule PTE, enter the shareholder’s share of the credit from Part 2 of Schedule PTE. If payment of the PTE tax satisfies the shareholder’s filing requirement, check the box on line 30. KS, line 31 Enter the shareholder’s pro rata share of Minnesota backup withholding. KS Lines 32-35 If, for regular tax purposes, you elected the optional 60‑month write‑off under IRC section 59(e) for all property in this category, skip lines 32–35. No adjustments are necessary. KS, line 32 Intangible drilling costs (IDCs) from oil, gas and geothermal wells are a tax preference item to the extent that the excess IDCs exceed 65% of the net income from the wells. The tax preference item is computed separately for oil and gas properties and for geothermal properties. Enter the shareholder’s pro rata share of the following: IDCs allowed for regular tax purposes under IRC section 263(c), (but not including any IRC section 263(c) deduction for nonproductive wells) less the amount that would be allowed had the IDCs been amortized over a 120-month period starting with the month the well was placed in production. KS, line 33 Gross income from oil, gas and geothermal properties are used in determining if the excess IDCs exceed 65% of the net income from the wells. Enter the shareholder’s pro rata share of the aggregate amount of gross income within the meaning of IRC section 613(a) from all oil, gas and geothermal properties that was received or accrued during the tax year. KS, line 34 Deductions allocable to oil, gas and geothermal properties are used in determining if the excess IDCs exceed 65% of the net income from the wells. Enter the shareholder’s pro rata share of any deductions allocable to oil, gas and geothermal properties. Do not include any deductions for nonproductive wells. KS, line 35 In the case of oil wells and other wells of nonintegrated oil companies, enter the shareholder’s pro rata share of the amount by which the depletion deduction exceeds the adjusted basis of the property at the end of the tax year. In computing the year-end adjusted basis, use the rules of IRC section 1016. However, do not reduce the adjusted basis by the current year’s depletion. Figure the excess amount separately for each property. If the depletion deduction for any property does not exceed the adjusted basis at year-end, do not include a tax preference amount for that property. Minnesota Portion of Amounts from Federal Schedule K-1 (1120S) — Lines 36-47 KS, line 36 The Minnesota source gross income is used to determine whether a nonresident shareholder is required to file a Minnesota income tax return or has the option to elect composite income tax. Enter the shareholder’s pro rata share of the S corporation’s Minnesota source gross income. Minnesota source gross income is the total amounts apportioned to Minnesota included on lines 3, 4, and 5 (other than losses) of federal Form 1120S; lines 18a, 19, and 20 (other than losses) of federal Form 8825; line 9 of Schedule F (1040); lines 3a, 4, 5a, 6, 7, 8a, 9, and 10 of Schedule K (1120S) plus Minnesota source gross income amounts from all partnerships, estates, and trusts in which the S corporation is a partner or beneficiary. S corporation partners are provided this information on line 34 of Schedule KPC. Continued 15 |