Enlarge image | 2 202220222022 CT-1 INSTRUCTIONS REV-1200 Booklet (SU) 09-22 FOR CALENDAR YEAR 2022 AND FISCAL YEARS BEGINNING IN 2022 PLEASE CAREFULLY REVIEW NEW FOR 2022 AND HIGHLIGHTS BEFORE COMPLETING ANY TAX REPORTS OR SCHEDULES. NEW FOR 2022 Tax Bulletin 2019-03 provides guidance on how the federal 1. The RCT-101, PA Corporate Net Income Tax Report; RCT-101I, limitations imposed by the amended Section 163(j) are treated for Inactive PA Corporate Net Income Tax Report; and RCT-128C, Pennsylvania Corporate Net Income Tax (“CNIT”) purposes. Report of Change in PA Corporate Net Income Tax Report have an 3. The Pennsylvania Department of Revenue has set forth a rebuttable updated look for 2022 tax year. presumption of economic nexus for out-of-state corporations with 2. Taxpayers now have the option to have their refund directly $500,000 or more of gross receipts sourced to Pennsylvania. deposited into a bank account. Corporation Tax Bulletin 2019-04 cites the U.S. Supreme Court’s South Dakota v. Wayfair Inc. decision as authority for this position and 3. myPATH is the new online portal that has replaced many of the provides that corporations satisfying the minimum standards for nexus Department of Revenue’s online services. myPATH, which stands for under the U.S. Constitution should file a state corporate net income ‘my Pennsylvania Tax Hub’, provides many self-service options such tax report. Taxpayers that have sufficient gross receipts sourced to as registering a new tax account, accurately and securely filing returns, Pennsylvania to meet the rebuttable presumption should begin filing making payments, managing your accounts and interacting with the corporate tax reports for periods starting on or after January 1, 2020. department. 4. Solicitation only corporations, as well as corporations with Corporations can remit estimated, extension and tax due payments through the department’s myPATH portal. Visit mypath.pa.gov for $500,000 or more in Pennsylvania sourced gross receipts, but more information and to register an account. claiming exemption from the corporate net income tax, should com- plete and file the RCT-101. Such entities should, as appropriate, The RCT-101 cannot be filed electronically through myPATH. include the REV-986 and/or any statements necessary to properly Corporations are encouraged to file electronically through the explain their position(s) that insufficient activity took place in Modernized e-File (MeF) platform provided by the Internal Revenue Pennsylvania to establish constitutional nexus. Service, also known as Fed/State e-File. A list of software developers and products approved by the department to electronically prepare In order to commence the running of the applicable statute of limi- and file the RCT-101, forms and schedules can be found on the tations the RCT-101 must contain: department’s website at www.revenue.pa.gov. (i) the taxpayer's name, address and identifying number and the HIGHLIGHTS required signature; and, 1. As amended by the Tax Cuts and Jobs Act, for tax years beginning (ii) sufficient required information to permit the department to after December 31, 2017, the 70-percent dividends-received determine the taxpayer’s potential corporate net income tax deduction is reduced to 50 percent and the 80-percent liability. dividends-received deduction is reduced to 65 percent (Code Secs. Specifically, entities claiming exemption from the tax may enter 243(a)(1) and (c)(1). There was no change made to the 100% zeros on Page 2, Section C, a zero on Line 1A of Schedule C-1 and dividends-received deduction for dividend income received from a “1” on Line 1B of Schedule C-1 of the RCT-101. However, such 80% or more owned domestic corporations. taxpayers should include statement(s) with the RCT-101 which pro- 2. The Tax Cuts and Jobs Act of 2017 amended Section 163(j) of the vide th e information necessary for the department to determine the Internal Revenue Code (the “Code”). For Federal income tax taxpayer’s potential corporate net income tax liability. These enti- purposes, Section 163(j) limits the deductibility of interest expense ties cannot complete and file the form RCT-101D as an alternative in the current tax year of certain U.S. taxpayers for tax years to the RCT-101 unless the entity meets the particular de minimis beginning on or after January 1, 2018. Pennsylvania Corporation activity limits outlined in Tax Bulletin 2004-01. |
Enlarge image | CORPORATE NET INCOME TAX WEIGHTING OF FACTORS NET LOSS PERCENTAGE TAX PERIOD TAX RATE BEGINNING SALES PERCENT OF INCOME 2022 9.99% 100 40% 2023 8.99% 100 40% 2024 8.49% 100 40% 2025 7.99% 100 40% 2026 7.49% 100 40% 2027 6.99% 100 40% 2028 6.49% 100 40% 2029 5.99% 100 40% 2030 5.49% 100 40% 2031 4.99% 100 40% WHO MUST FILE All business entities that have elected to file as a corporation with the IRS: •S Corporations that have Built-in Gains Corporation• •Any other entity electing to file as a corporation under federal Check •Business Trust the Box rule •Limited Liability Company TAXPAYER SERVICES AND ASSISTANCE WRITTEN REQUESTS: CONTACT INFORMATION PA DEPARTMENT OF REVENUE Estimated Payments . . . . . . . . . . .1-888-PATAXES (1-888-728-2937) TAX FORMS SERVICE UNIT 1854 BROOKWOOD ST General Business Tax Questions . . . . . . . . . . . . . . . . . .717-787-1064 HARRISBURG PA 17104-2244 Transfer/Refund of Overpayments . . . . . . .ra-corp_acc_fax@pa.gov Bureau of Registration and ONLINE SERVICES Taxpayer Management . . . . . . . . . . . . . . . . . .ra-btftregisfax@pa.gov ONLINE CUSTOMER SERVICE CENTER Find the answer to your question using the department’s Online Customer FORMS ORDERING SERVICES Service Center at www.revenue.pa.gov. To obtain tax instructions, single copies of PA corporation tax forms, PENNSYLVANIA TAX UPDATE coupons or brochures, use one of these services: Stay up-to-date on Department of Revenue news with the PA Tax Update, INTERNET: www.revenue.pa.gov a free, bi-monthly e-newsletter. Visitwww.revenue.pa.gov to sign up for TOLL-FREE PHONE SERVICES: 1-888-PATAXES (1-888-728-2937) a PA Tax Update e-alert. Touch-tone service is required for this automated 24-hour toll-free line. MYPATH Call to order forms or check the status of a corporate tax account. Register a new tax account, accurately and securely file returns, make AUTOMATED 24-HOUR FORMS ORDERING MESSAGE SERVICE: payments, manage your accounts and interact with the department. Visit 1-800-362-2050 mypath.pa.gov for more information. Serves taxpayers without touch-tone phone service. 2 REV-1200 www.revenue.pa.gov |
Enlarge image | TABLE OF CONTENTS RCT-101 – PAGE 2 GENERAL INSTRUCTIONS SECTION B: SCHEDULE C-1 APPORTIONMENT . . . . . . . . .10 What Must be Included with the PA SECTION C: PA CORPORATE NET INCOME TAX . . . . . . . . .10 Corporate Net Income Tax Report . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 Taxable Built-in Gains . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Assembly of the Completed PA Corporate Net Income Tax Report, RCT-101 Package . . . . . . . . . . . . . . . . . . . . . . . .5 Deductions from and Additions to Income . . . . . . . . . . . . . . . . .10 Federal S Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Apportionment and Allocation . . . . . . . . . . . . . . . . . . . . . . . . . .12 Inactive Corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 Net Operating Loss Deduction . . . . . . . . . . . . . . . . . . . . . . . . . .12 Declaration of De Minimis PA Activity . . . . . . . . . . . . . . . . . . . . . . . . .6 Determination of Tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Confirmation of “Deposits on Account” for a Non-Filed Tax Year . . . .6 RCT-101 – PAGE 3 How to Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 SECTION D: TRANSFER/REFUND METHOD . . . . . . . . . . . . .13 Electronic Payment Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 SECTION E: BULK SALE . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Due Date of Report and Payment . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 SECTION F: SCHEDULE OF REAL PROPERTY IN PA . . . . .13 Filing Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 RCT-101 – PAGE 4 Out of Existence/Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 SECTION G: CORPORATE OFFICERS . . . . . . . . . . . . . . . . . .13 Filing Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 PREPARER’S INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . .13 Extension of Time to File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Penalties Imposed for Failure to File Reports When Due . . . . . . . . . .8 APPORTIONMENT, EXEMPTIONS AND ALLOCATION Interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Apportionment of Taxable Income . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Assignment of Tax Credit (Overpayment) . . . . . . . . . . . . . . . . . . . . . .8 Sales Factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Assignment of Restricted Tax Credits . . . . . . . . . . . . . . . . . . . . . . . . .8 Special Apportionment Fractions . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 Amended Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 Railroad, Truck, Bus or Airline Companies . . . . . . . . . . . . . . . .14 RCT-128C – Changes In Federal Taxable Income/Reports of Change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Pipeline or Natural Gas Companies . . . . . . . . . . . . . . . . . . . . . .14 Water Transportation Companies Operating on High Seas . . . .14 LINE INSTRUCTIONS Water Transportation Companies Operating on Inland Waters .15 LINE BY LINE INSTRUCTIONS FOR RCT-101, Apportionment & Investments in Unincorporated Entities . . . . . . . . .15 PA CORPORATE NET INCOME TAX REPORT Nonbusiness Income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 RCT-101 – PAGE 1 STEP A Tax Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 WHERE TO FILE STEP B Name, Address, Federal EIN Business Activity Mailing Addresses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Code, Revenue ID & Parent Corporation EIN . . . . . . . . . . . . . . .9 IRS Filing Type . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 STEP C Check Special Filing Status . . . . . . . . . . . . . . . . . . . . . .9 SECTION A: GENERAL INFORMATION QUESTIONNAIRE . .10 www.revenue.pa.gov REV-1200 3 |
Enlarge image | WHAT MUST BE INCLUDED WITH THE PA CORPORATE NET INCOME TAX REPORT When filing an RCT-101, PA Corporate Net Income Tax Report, all corporate taxpayers are required to include forms and schedules to support the calculation of the tax liability. The type of information required depends on how the entity reports income to the IRS. The following chart lists the forms and schedules the taxpayer must include with the RCT-101 each year. This list is not meant to be all-inclusive. IF TAXPAYER TAXPAYER FILES TAXPAYER MUST PROVIDE THE FOLLOWING WITH RCT-101 IS ORGANIZED AS WITH THE IRS Corporation Federal Form 1120, 1. Complete copy of federal income tax return, on separate company basis, with all supporting Business Trust Federal Form 1120C, schedules. Limited Liability Company or Federal Form 1120S, 2. RCT-103 to support net operating loss carry-forward, if applicable. S Corporations that have (Taxpayer elected to 3. REV-1834, Schedules C-8 and C-9 to support adjustments for bonus depreciation, if applicable. Built-In-Gains not be taxed as a 4. REV-934, Schedule of Nonbusiness Income, if applicable. Pennsylvania Any other entity electing to S Corporation) 5. Other supporting statements if necessary, with references to supporting statements on the file as a corporation under applicable form. federal Check the Box rules Federal Form 1120F, or Any other Corporate 6. REV-798, Schedule C-2, Dividend Deduction, if applicable and Schedule X, if applicable. Income Tax Return 7. REV-860, Schedule C-5, OA and OD 8. RCT-106, Insert Sheet *Taxpayers required to file federal Schedule M-3 may submit such in lieu of federal Schedule M-1. In certain situations corporate taxpayers are also required to provide additional information when filing RCT-101. Examples of these are as follows. IF THE CORPORATE TAXPAYER IS TAXPAYER MUST ALSO PROVIDE Apportioning income for the first time. A copy of a tax return from another state. Filing the final PA Corporate Net Income Tax Report. A complete REV-861, Schedule DA, Disposition of Assets Schedule. 1. A completed RCT-101 KOZ, showing the calculation of the credit. Claiming the Keystone Opportunity Zone or Strategic Development Area Credit. 2. A copy of the Keystone Opportunity Zone approval letter issued by the Department of Community and Economic Development for the current year. WHEN IS A FORM OR SCHEDULE REQUIRED? FORM USED FOR REQUIRED WHEN CORPORATE TAXPAYER Support of Sales Factor Has taxable activity in at least one other state and is apportioning income to the other state based on RCT-106 Apportionment or Special sales. RCT-106 is also required by taxpayers who are required to utilize special apportionment methods Apportionment (revenue miles, etc.). RCT-103 Support of Net Operating Is deducting a net operating loss carry-forward in the calculation of corporate net income tax. Loss Deduction Schedule C-2 Support of Dividend Is claiming a Dividend Received Deduction in the calculation of corporate net income tax. REV-798 Deduction Schedule C-8 Bonus Depreciation Is claiming a deduction to recover disallowed federal bonus depreciation in the calculation of corporate REV-1834 Adjustment net income tax for property purchased prior to Sept. 28, 2017. Schedule C-9 Adjustment for Sale of Is claiming a deduction to recover remaining federal bonus depreciation in the calculation of corporate REV-1834 Sec. 168(k) Property net income tax in the year the property is fully depreciated, sold or otherwise disposed. Schedule C-5 Schedule of Tax Expense Is subject to corporate net income tax and reports taxes paid as an expense on the federal income REV-860 tax return. Schedule OA Other Additions Is reporting an "Other Addition" on RCT-101, Section C, Line 3D. REV-860 Schedule OD Other Deductions Is reporting an "Other Deduction" on RCT-101, Section C, Line 2D. REV-860 4 REV-1200 www.revenue.pa.gov |
Enlarge image | WHEN IS A FORM OR SCHEDULE REQUIRED? (CONTINUED) FORM USED FOR REQUIRED WHEN CORPORATE TAXPAYER Schedule DA Disposition of Assets Indicate the desire to be removed from the active records of the Department of Revenue REV-861 Schedule X Parent and Subsidiary Has more than 50 percent of its stock owned by another corporation, individual or other business entity REV-798 Corporations or owns more than 50 percent of another corporation. REV-934 Schedule of Non-Business Is claiming non-business income. Income Schedule to Determine REV-986 Corporate Net Income Tax Activity does not exceed Solicitation Only - P.L. 86-272 Subjectivity Taxpayers answering “YES” to any of the questions on REV-986 are subject to corporate net income tax. Schedule to Provide Reason Schedule AR for Filing an Amended Report REV-1175 and Summary of Change in Is amending a PA Corporate Net Income Tax Report. Tax Liability for Amended Report Add-Back for Intangible REV-802 Expense or Related Interest Is adding back intangible expense or related interest expense. Expense REV-803 Claiming a Credit for Tax Is claiming a credit for tax paid by affiliated entities. Paid by Affiliated Entities ASSEMBLY OF THE COMPLETED PA CORPORATE NET INCOME TAX REPORT RCT-101 PACKAGE Assemble the completed PA Corporate Net Income Tax Report in the 6. All other documentation to support the RCT-101, PA Corporate Net following order. Failure to submit a properly completed and signed report Income Tax Report may result in the delay of processing and the imposition of late filing 7. Complete federal tax return and supporting schedules, as required: penalties and/or estimated assessments. • Federal Form 1120 1. RCT-101, PA Corporate Net Income Tax Report, Pages 1 through 4 • Federal Form 1120C completed and assembled in order • Federal Form 1120F 2. RCT-103, Net Operating Loss Schedule, if applicable • Federal Form 1120S 3. Federal Form 7004, if applicable 8. A corporation filing a consolidated return to the federal government 4. Pennsylvania Extension Approval Letter, if applicable must include the following: 5. Pennsylvania schedules and forms, as required and in the following • Schedules reflected on the federal Form 1120, 1120C, 1120F or order: 1120S on a separate company basis, including a schedule of • REV-1175, Schedule AR - If filing an amended PA Corporate Net taxes expensed. Income Tax Report. • REV-798, Schedule C-2, Dividend Deduction • REV-798, Schedule X • REV-1834, Schedule C-8, Adjustment for Bonus Depreciation • REV-1834, Schedule C-9, Adjusted for 168k property fully depreciated sold or otherwise disposed • REV-860, Schedules C-5, OA and OD • RCT-106, Insert Sheet • REV-934, Schedule of Nonbusiness Income www.revenue.pa.gov REV-1200 5 |
Enlarge image | PENNSYLVANIA CORPORATE NET INCOME TAX REPORT INSTRUCTIONS FOR FORM RCT-101 RCT-101, PA Corporate Net Income Tax Report. A copy of federal Form GENERAL INSTRUCTIONS 1120 must be included and apportionment fractions must be reported. FEDERAL S CORPORATIONS CAUTION: Prior period forms are not acceptable. Do not use The Capital Stock/Foreign Franchise tax has been phased out for tax forms for other years when filing an RCT-101, PA Corporate Net years beginning on or after Jan. 1, 2016. However, PA S Corporations Income Tax Report, or an RCT-101-I, Inactive PA Corporate Net Income that have built-in-gains are required to file RCT-101. Tax Report. Any federal subchapter S corporation that does not desire to be a Pennsylvania S corporation must file the REV-976, Election Not to be DECLARATION OF DE MINIMIS PA ACTIVITY Taxed as a Pennsylvania S Corporation, on or before the due date or IMPORTANT: The RCT -101D can now be filed electronically at extended due date of the report for the first year in which the election is mypath.pa.gov . to be in effect. This election must be signed by all of the shareholders and once made cannot be revoked for five years. The completed RCT-101D is only for use by non-Pennsylvania corporations. Solicitation REV-976 must be submitted via fax or email to: only corporations, as well as corporations with more than $500,000 in Fax: 717-787-3708 Pennsylvania sourced gross receipts, but claiming exemption from the Email: ra-btftregisfax@pa.gov corporate net income tax, should complete and file the RCT-101. Such entities should, as appropriate, include the REV-986 and/or any To revoke an election not to be taxed as a PA S Corporation, the statements necessary to properly explain their position(s) that insufficient corporation must send a letter signed by shareholders holding more than one-half of the shares of stock of the corporation on the day on which the activity took place in Pennsylvania to establish constitutional nexus. See revocation is made. This letter must contain the name of the corporation, Page 5 for additional details. federal EIN, Revenue ID number and the effective date of the revocation. A non-Pennsylvania corporation whose Pennsylvania activities are not If no effective date is provided, the revocation will be effective for the first protected by P.L. 86-272, but whose activities are considered de minimis tax period for which the revocation was timely submitted. In the case of as outlined in Tax Bulletin 2004-01, is not required to file a complete a corporation with qualified subchapter S subsidiaries, the letter must also RCT-101. Instead, such a corporation may file RCT-101D, affirming that include the names and Revenue ID numbers of all qualified subchapter PA activity during that period is de minimis. In filing RCT-101D a S subsidiaries doing business in Pennsylvania. corporation is reminded of the following: Qualified subchapter S subsidiaries may not be Pennsylvania S 1. RCT-101D is not a tax report. For this reason the statute of corporations, or elect not to be Pennsylvania S corporations, separate limitations regarding the assessment of tax does not apply to from the parent corporation. Federal subchapter S corporations doing RCT-101D. business in Pennsylvania that do not make this election are required to 2. For a taxpayer to realize any tax benefits from a year the taxpayer file the PA-20S/PA-65, and the shareholders of these corporations must report the income from these corporations on their PA personal income filed RCT-101D, the taxpayer will be required to file a complete tax returns. RCT-101 for each year, beginning with the year the benefit is generated through the year the benefit is to be used. IMPORTANT: This election must be filed by all federal subchapter 3. In cases where the taxpayer files RCT-101D and later files RCT-101, S corporations that do not want to be taxed as Pennsylvania S the taxpayer will be liable for all taxes due for these periods. corporations, regardless of any prior actions taken by a corporation on this issue. Applicable interest will also be imposed from the original due date of the report to the date the taxes are paid. The imposition of late If a corporation has elected to be taxed as an S corporation for federal filing penalties will be based on the filing date of the RCT-101D. Tax tax purposes, but has elected not to be taxed as a PA S corporation, it Bulletin 2004-1 is available on the PA Department of Revenue must: (1) complete Section C of RCT-101, (2) include a copy of federal website at www.revenue.pa.gov. Form 1120S with the PA Corporate Net Income Tax Report, and (3) include a schedule reflecting adjustments to Line 21 of federal Form CONFIRMATION OF “DEPOSITS ON ACCOUNT” FOR A 1120S for the pass-through items on Schedule K, Shareholders’ Share NON-FILED TAX YEAR of Income, Credits, Deductions, etc. These adjustments should produce taxable income similar to that for a C corporation and must be reported Prior to filing a PA Corporate Net Income Tax Report, taxpayers can in Section C, Line 1 of the RCT-101. confirm the total amount of deposits on account by by logging into their myPATH account at mypath.pa.gov. INACTIVE CORPORATIONS Inactive corporations must complete and file form RCT-101-I. Only HOW TO PAY skeleton corporations - those performing no business activity and owning If the total taxes owed are less than $1,000, you may send a check made no assets anywhere - may use the RCT-101-I. Corporations that have payable to the PA Dept. of Revenue, enclosed with the tax report, to the business activity outside Pennsylvania must complete and file the address listed on Page 16. 6 REV-1200 www.revenue.pa.gov |
Enlarge image | ELECTRONIC PAYMENT REQUIREMENT to liquidation, complete in detail a schedule reflecting the gain or The PA Departments of Treasury and Revenue have implemented loss realized as a result of the sale. programs that enable taxpayers to pay certain taxes electronically. All 2. Include with the corporate tax reports a REV-861, Schedule DA, payments of $1,000 or more must be made electronically or by certified Disposition of Assets, which must reflect the date or dates of or cashier’s check remitted in person or by express mail courier. divestiture of all assets. Where a distribution of assets is made Electronic payments can be made through myPATH. Visit mypath.pa.gov directly by the corporation to its shareholders in return for their stock, to register for an account. include with the “Distribution of Assets,” a copy of federal Form 1099-DIV. Failure to make a payment by an approved method will result in the imposition of a 3 percent penalty of the tax due, up to $500. For CAUTION: Failure to submit the “Distribution of Assets” could information on electronic filing options, visit the Online Services Center delay the acceptance of the return as a final report resulting at www.revenue.pa.gov. in continued corporate tax reporting requirements. Corporate taxpayers reporting the disposition of PA real estate must provide IMPORTANT: If paying by certified or cashier’s check, mail check evidence that the transfer of title has been filed with the Recorder of and coupon to: Deeds of the respective county. This information must be provided PA DEPARTMENT OF REVENUE in order to be removed from the active records of the Department of PO BOX 280404 Revenue. HARRISBURG PA 17128-0404 PA corporations that never transacted business or held title to assets, or DUE DATE OF REPORT AND PAYMENT foreign corporations that never transacted business in Pennsylvania, are The RCT-101, PA Corporate Net Income Tax Report, is due on or before required to file annual tax reports until they file final returns and qualify the 15th day of the month following the due date of the return to the for out-of-existence or withdrawn status. Such inactive corporations Federal Government for both calendar and fiscal year filers. Domestic should mail the executed REV-238, Out-of-Existence/Withdrawal Affidavit International Sales Companies (DISC) must file on or before the 15th day directly to: of the 10th month following the close of the fiscal year. If the due date PA DEPARTMENT OF REVENUE falls on a Saturday, Sunday or holiday, the report is due the next business BUREAU OF COMPLIANCE day. PO BOX 280947 HARRISBURG PA 17128-0947 FILING REQUIREMENTS FILING PERIOD First reports of domestic corporations must begin with the date of incorporation. All domestic corporations are required to file annual reports Reports must be filed on the same filing basis as reported to the federal even if no business activity was conducted during the taxable period. government. Where a change in filing period has occurred, the taxpayer must provide the new month, day and year by electronically filing First reports of foreign corporations must begin with the beginning date REV-854 at mypath.pa.gov, via fax to 717-787-3708 or email to of the fiscal period in which the Certificate of Authority was issued or the ra-btftregisfax@pa.gov. Indicate a permanent change in filing period on date Pennsylvania activity began, whichever date is earlier. the RCT-101 (Page 1, Step C). All corporations are required to file annual reports even if no business activity was conducted within the commonwealth during the tax period. EXTENSION OF TIME TO FILE A request for an extension of time to file must be submitted on or before OUT-OF-EXISTENCE/WITHDRAWAL the due date of the PA Corporate Net Income Tax Report. A PA corporation that has ceased doing business and completely or totally Taxpayers granted an extension to file the federal income tax return will divested itself of ALL assets, or a foreign corporation that has ceased to automatically be granted an extension to file RCT-101, PA Corporate Net do business in Pennsylvania and liquidated all PA assets may be relieved Income Tax Report. Corporate taxpayers granted a federal extension of the responsibility of filing corporate tax reports by indicating Final must include a copy of the federal extension request with the report. Report on Page 1, Step C of the RCT-101. Corporations that do not request an extension to file the federal income By completing this section of RCT-101, a corporate taxpayer wishing to tax return may still request a 60-day extension to file the PA Corporate be removed from the active records of the PA Department of Revenue Net Income Tax Report. The extension must be filed on or before the due will no longer be required to file the Out of Existence/Withdrawal Affidavit. date of the report. You can request an extension on mypath.pa.gov or However, taxpayers desiring to dissolve or formally withdraw with the by sending the REV-853. After review by the PA Department of Revenue, Department of State are still required to file a REV-181, Application for you will receive written notification as to whether your extension was Tax Clearance Certificate. approved or denied. To qualify for out-of-existence or withdrawn status, the corporation must: You may also use REV-853 to make an annual tax payment with the 1. File all corporate tax reports and pay all taxes due the extension request. If the taxes total more than $1,000, you must make commonwealth up to and including the date of cessation of activities the required payment by an electronic payment method. (Refer to and divestiture of assets. Where capital assets have been sold prior Electronic Payment Requirement.) www.revenue.pa.gov REV-1200 7 |
Enlarge image | All payments of $1,000 or more must be made electronically or by certified must be completed with the factors as originally filed or being amended. or cashier’s check remitted in person or by express mail courier. This must be numeric with a numerator and a denominator present. If no activity anywhere, the numerator must be “0” and the denominator must PENALTIES IMPOSED FOR FAILURE TO FILE REPORTS WHEN DUE be “1”. The amended report check box under Step C, Page 1 of RCT-101 If a report is filed late, the taxpayer should wait until assessed by the must be checked and REV-1175 must be included with the report. department to remit the penalty amount. Interest does not accrue on The taxpayer has three (3) years after the due date of the original report penalties. Do not include penalty with tax amounts reported on form to file an amended report. If the original report was properly extended, RCT-101. then the taxpayer has three (3) years after the extended due date to file The penalty imposed for failure to file reports when due is now a minimum an amended report. When filing the amended report the taxpayer must of $500, regardless of the determined tax liability, plus an additional one consent to an assessment period of three years from the filing of the percent of any determined tax liability over $25,000. original report or one year from the filing of the amended report, whichever expires last. If you fail to provide such consent the department INTEREST might not consider the amended report. This consent to extend the Interest is charged on late payments received after the due date of a tax assessment period is included as part of the affirmation statement on report. Taxpayers should not precalculate interest or include interest with Page 4 of RCT-101. Per Act 84 of 2016, the department will have one the tax amount reported on the RCT-101 (Section C, Line 16). The year from the date the amended report is filed to notify the taxpayer if the department will forecast interest on unpaid tax balances and provide a changes are accepted. If the taxpayer is not notified within one year, the notice to the taxpayer. Taxpayers may request a payoff of unpaid report is deemed accepted. If, after reviewing the amended report, the balances (that includes interest on unpaid tax and collection agency fees, department determines the tax liability reflected on the taxpayer’s PA if applicable) by emailing RA-CORP_ACC_FAX@pa.gov. corporate tax account is incorrect, an adjustment may be made to the liability or the department may reject the amended report. ASSIGNMENT OF TAX CREDIT An amended report should only be filed if an original RCT-101, PA Department regulation (61 Pa. Code 151.21-151.22) provides Corporate Net Income Tax Report, was previously filed for the same tax authorization for taxpayers to assign a credit to another taxpayer. To period. An amended report must contain documentation to support the accomplish the assignment, the Department of Revenue requires both adjustment(s). assignor and assignee to complete REV-774, Assignment of Tax Credit. All amended tax reports must include REV-1175, Schedule AR, which Only credits that meet the following conditions can be assigned: includes a detailed explanation of the reason for filing the amended report •All taxes (corporate, sales/use, employer withholding, liquid fuels, and a summary of the change to the tax liability. In completing the etc), interest, penalties, fees and additions to tax owed by the Summary of Tax Change, enter the corporate net income tax; the tax taxpayer (assignor) must be paid in full. liability currently reflected on the taxpayer’s account; the amended tax Email RA-CORP_ACC_FAX@pa.gov if you have questions regarding liability; and the amount of change in the tax. credit assignment or to request the REV-774 Assignment of Tax Credit When filing an amended RCT-101, the tax liability in Section C, Line 16 Form. The form can also be found at www.revenue.pa.gov. should reflect the amended liability. Section C, Line 18, Estimated Send REV-774 directly to RA-CORP_ACC_FAX@pa.gov. Payments and Credits on Deposit, must reflect the payments and credits on the account at the time the amended report is filed. Section C, Line ASSIGNMENT OF RESTRICTED TAX CREDITS 19, Restricted Credits, must report the restricted credits the taxpayer is Certain restricted tax credits (credits originating from special credit entitled to based on the filing of the amended report. programs) may be sold or assigned. Amended reports cannot be filed for the following: For information regarding the sale or assignment of restricted tax 1. To challenge PA statute or regulations. credits, please refer to Tax Bulletin 2012-02 by visiting 2. To challenge department policy or interpretation of statutes or https://www.revenue.pa.gov/taxcredits. regulations. Tax questions regarding the sale or assignment of restricted tax credits 3. For the sole purpose of claiming the report is a final report. may be directed to the Department of Revenue at 717-772-3896 or IMPORTANT: REV-238 or REV-181 must also be filed. ra-rvtaxcredits@pa.gov. 4. To change or correct taxpayer information electronically such as AMENDED REPORTS Revenue ID or FEIN, the taxpayer must file the REV-854 Amended reports must be filed when requesting the Department of electronically at mypath.pa.gov, via fax to 717-787-3708 or email Revenue to adjust the corporate net income taxes for a particular year. to ra-btftregisfax@pa.gov. Phone calls and/or letters submitted to the department are not acceptable 5. To change the end of the tax year. (A new original report must be and will not be considered an amended report. filed including an explanation why the original tax year end was incorrect). Amended reports filed for tax years beginning on or after Jan. 1, 2016, must be filed on the revised, year-specific, four page RCT-101. Taxpayers IMPORTANT: The filing of an amended PA Corporate Net Income must complete all sections of the report; this includes those sections Tax Report does not replace the filing of a petition, nor does it originally filed and those sections being amended. The apportionment extend a corporate taxpayer’s time to file an appeal. 8 REV-1200 www.revenue.pa.gov |
Enlarge image | The department is not obligated to revise tax due the commonwealth Be sure to use only address information for Address Line 1 and Address upon review of an amended report. Its failure to revise tax due the Line 2 on Page 1 of RCT-101 and all other tax forms. commonwealth is not an appealable action and will not change any Foreign corporations filing from outside the United States must use existing appeal rights of the taxpayer. Province, Country Code and Foreign Postal Code address fields, if applicable. RCT-128C – CHANGES IN FEDERAL TAXABLE INCOME/REPORTS OF CHANGE The six-digit Business Activity Code entered here is the same Business Changes in federal taxable income must be reported to the department Activity Code reported to the IRS on the federal income tax return. within the statutory period to report the change. This includes changes in Parent Corporation EIN – Taxpayers that are included in a consolidated federal taxable income resulting from the taxpayer filing an amended federal income tax return must provide the nine-digit EIN of the federal income tax return and changes initiated by the federal government corporation that files the consolidated federal income tax return. If you due to an audit or examination of the federal return. For tax years are not included in a consolidated federal return, leave blank. beginning prior to Jan. 1, 2013, changes in federal taxable income must Address Change – Check box if the address reported in Step B is a be reported to the department within 30 days of the change. This has change from prior tax periods. If changing the address after filing the been extended to six months for tax years beginning after Dec. 31, 2012. report, file the REV-854 electronically at mypath.pa.gov, via fax to If a taxpayer files an amended federal income tax return the taxpayer 717-787-3708 or email to ra-btftregisfax@pa.gov. must report the change on RCT-128C. STEP C Changes to federal taxable income initiated by the federal government as part of an audit or examination of the federal income tax return must CHECK SPECIAL FILING STATUS be reported on RCT-128C and must include the federal audit date or date Initial Report – Check box if this is the corporation’s first PA Corporate filed with the IRS, regardless of whether the PA corporate net income tax Net Income Tax Report filing. for that period was settled by the department. Final Report – Check box if this is the corporation’s final PA Corporate CAUTION: If this date is not provided, interest plus a $5 a day Net Income tax report. A complete REV-861, Schedule DA, Disposition penalty, will be imposed from the original due date. of Assets schedule, must also be provided. Amended Report – Check box if the corporation is amending a PA LINE INSTRUCTIONS Corporate Net Income Tax Report previously filed with the department. LINE BY LINE INSTRUCTIONS FOR THE RCT-101, PA CORPORATE File Period Change – Check box if the filing period (tax period ending) NET INCOME TAX REPORT is a permanent change. This must be indicated on the first report filed with the new tax year end. PAGE 1 Change Fed Group – Check box if the corporate taxpayer is filing a PA Indicate the type of return filed with the IRS. If the activity is included in Corporate Net Income Tax Report for less than a full year due to a change the federal tax return of another company, either as part of a consolidated in federal consolidated group. This must be indicated on the last report group or as a disregarded entity, indicate the type of return filed by the prior to the change and the and first report after the change. entity reporting the activity. 52-53 Week Filer – Check box if the corporation is a 52-53 week filer. STEP A S Corp filing as C Corp – For periods beginning on or after January 1, 2006 corporations which have validly elected to be taxed for federal TAX PERIOD (REQUIRED) purposes as S corporations are automatically treated as S corporations Taxpayers must enter the month, day and year for the tax period for Pennsylvania purposes. However, a federal S corporation may elect beginning and ending dates using the MMDDYYYY format. to be taxed as a C corporation for Pennsylvania purposes by filing a timely election using form REV-976. See Page 6 for additional information. STEP B KOZ/SDA Credit – Check box if the corporate taxpayer is claiming the Keystone Opportunity Zone Credit or the Strategic Development Area NAME, ADDRESS, FEDERAL EIN, BUSINESS ACTIVITY CODE, Credit. REVENUE ID AND PARENT CORPORATION EIN Economic Nexus – Check box if the corporation is filing due to the new Royalty/Related Interest Add-Back – Act 52 of 2013 requires the $500,000 rebuttable presumption of economic nexus. See Corporation add-back of intangible expenses to income for interest, royalties, patents, Tax Bulletin 2019-04 for more information. trademarks, etc. between affiliated entities in certain instances. Print or type the corporation name, complete address, 10-digit Revenue S Corp Taxable Built-in Gains – PA S corporations and QSSS are ID and nine-digit Federal ID (EIN). subject to PA corporate net income tax. Their taxable income is their net recognized built-in gains as determined for federal income tax purposes Failure to submit a properly completed report will result in the delay of pursuant to IRC Section 1374(d) (2). To report taxable built-in gains, processing and the imposition of late filing penalties and/or estimated check the box on Page 1, report the Taxable Bulit-in Gains on Line 1 of assessments. Section C. www.revenue.pa.gov REV-1200 9 |
Enlarge image | Section 381/382/Merger NOLs – Corporations having net operating loss (NOL) limitations under IRC Section 381 and IRC Section 382 or claiming LINE 1C losses or Bonus Depreciation from a merger. Provide the Merger Divide Line 1A by Line 1B, calculate to six decimal places. Enter here documents including Company Name, EIN and Revenue ID of merged and SECTION B, Line 7. company. Provide a schedule with NOL’S by tax periods and the balance CAUTION: Completing the Sales Factor as 0/0, leaving the sales of the Bonus Depreciation carry-forward from the merged company. factor field blank or typing “none” in this field will result in apportionment being changed to 100 percent in Pennsylvania, Alternative Apportionment – If the taxpayer is requesting an alternate automatically changing the reported tax liabilities. apportionment method, extra-statutory treatment, separate accounting or unrelated asset treatment, check this box and provide a written, detailed IMPORTANT: Only corporations required to use special explanation of the methodology being used as well as fully detailed apportionment (such as railroad, truck, bus, airline, pipeline, supporting schedules, worksheets and documentation to review the natural gas and water transportation companies) should complete Special methodology being employed. Apportionment. Claiming P.L. 86-272 Protection – Corporations which sell tangible LINE 2A personal property and meet the activity limitations contained in P.L. Enter PA revenue miles or other special factor. (Numerator) 86-272 check this box. See additional instructions on Page 4. Also review Tax Bulletins 2004-01 and 2019-03. LINE 2B Enter total revenue miles or other special factor. (Denominator) SECTION A GENERAL INFORMATION QUESTIONNAIRE LINE 2C Taxpayers are required to provide a brief description of business activities Divide Line 2A by Line 2B, calculate to six decimal places. Enter here in Pennsylvania. Multi-state corporations are required to provide a brief and Section B, Line 7. description of business activities outside of PA and indicate all other states CAUTION: Complete either Sales or Special Apportionment. Do where the taxpayer has business activity (use the two letter postal not combine the two methods. abbreviations). If taxpayer has no activity in Pennsylvania, indicate so in For additional information on sales and special apportionment, see Page this area. 14. Also see Corporation Tax Bulletin 2022-01. Taxpayers should indicate in this section if they are incorporated under the laws of the Commonwealth of Pennsylvania or under the laws of SECTION C another jurisdiction. PA CORPORATE NET INCOME TAX The taxpayer must report the name of any corporation, individual or other A copy of federal Form 1120 (federal income tax return) or other business entity which holds all or a majority of the stock of the taxpayer, applicable form (proforma) on a separate company basis must and the name(s) of any corporation in which the taxpayer owns all or a accompany the RCT-101, PA Corporate Net Income Tax Report. majority of the stock. This is done by checking the applicable box(es) and completing Schedule X. Taxable Built-in Gains – PA S corporations and QSSS are subject to PA corporate net income tax. Their taxable income is their net recognized If the federal government has changed the taxable income for any prior built-in gains as determined for federal income tax purposes pursuant to year, the taxpayer must indicate this on RCT-101 to include the first and IRC Section 1374(d) (2). To report taxable built-in gains, check the box last tax periods changed. The taxpayer must also file RCT-128C reporting on Page 1 and complete Line 1 of Section C. the changes in income for each tax year. DEDUCTIONS FROM AND ADDITIONS TO INCOME PAGE 2 LINE 1 Income represents “taxable income as returned to and ascertained by SECTION B the federal government before the net operating loss deduction and SCHEDULE C-1 special deductions.” (Line 28 of federal Form 1120.) LINE 1A LINE 2A Enter the total from RCT-106, Column A, Sales inside Pennsylvania. Corporate dividends received. Dividends received from U.S. corporations are deductible to the same extent as allowed to arrive at the federal LINE 1B dividend deduction as indicated on federal Schedule C, Column C. An additional deduction will be allowed for dividends received from foreign Enter the total from RCT-106, Column B, Sales inside and outside corporations and reported on Lines 13 and 14 of the federal Schedule C, Pennsylvania. plus a deduction will be allowed for dividends received under Section 78 10 REV-1200 www.revenue.pa.gov |
Enlarge image | (foreign dividend gross-up) of the Internal Revenue Code of 1986. The 50 percent of travel and entertainment expense that is disallowed on Taxpayers must complete REV-798, Schedule C-2, PA Dividend the federal form is not permitted as a deduction for Pennsylvania Deduction Schedule. purposes. LINE 2B All other deductions must be reported on REV-860, Schedule OD, Other Deductions. Include an additional schedule if more space is needed. Interest on U.S. Securities. Interest on U.S. securities is deductible, but must be reduced by: Add Lines 2A, 2B, 2C and 2D and enter the result on Line 2, Total Deductions. •Any interest on indebtedness incurred to carry the securities; •Any expenses incurred in the production of such interest income; •Any other expenses deducted on the federal income tax return that LINE 3A would not have been allowed under Section 265 of the Internal Enter the total amount of taxes imposed on or measured by net income Revenue Code of 1986, if the interest were exempt from federal and deducted on the attached copy of the federal tax return. All taxpayers income tax. reporting expenses for taxes on federal income tax returns must complete REV-860, Schedule of Taxes, even if no taxes are imposed on or However, interest from repurchase agreements is not considered interest measured by net income. If a state’s tax is based on the higher of a tax from U.S. securities. Therefore, it is not deductible. on net income or a tax on another item, such as gross receipts or net To calculate the net U.S. interest deduction on Line (2B): worth value, the taxpayer is required to add back the entire amount of •Provide a detailed schedule showing the calculation of net U.S. the tax in periods where the liability is based on net income. If a state’s interest deduction and include a listing of investments that generated tax is a combination of a tax on net income and a tax on another item, the exempt interest income. such as gross receipts or net worth, the income portion of the tax is added Pennsylvania allows a pass-through exemption from corporate net back. income for interest or dividend income received from a regulated NOTE: The portion of Philadelphia business income and receipts investment company to the extent such distribution or dividend is derived tax measured by net income must be included. from obligations free from state taxation. Such obligations include those issued by the U.S. Government; the Commonwealth of Pennsylvania; LINE 3B any public authority, commission, board or other agency created by the commonwealth; any political subdivision of the commonwealth; or any This amount is the bonus depreciation claimed by the corporate taxpayer public authority created by any such subdivision. under IRC Section 168(k) in the calculation of federal taxable income. To support any claim for a pass-through deduction for corporate net income tax purposes, the taxpayer must submit evidence that the income LINE 3C was received from a regulated investment company. A schedule must be Act 52 of 2013 requires the add-back of intangible expense to income for submitted indicating the percentage of income applicable to exempt interest, royalties, patents, trademarks, etc., between affiliated entities in obligations and the percentage of income applicable to nonexempt certain instances. In order to report the add-back for tax years beginning obligations, including repurchase agreements, obligations of the Federal in 2016, taxpayers must complete REV-802, Schedule C-6, Add-Back for National Mortgage Association, (Fannie Mae), the Government National Intangible Expense or Related Interest Expense. The total amount of Mortgage Association (Ginnie Mae) and any other obligations that were additions from Schedule C-6, Line 11 should be carried to and included not actually issued by the U.S. Government. as a separate line item on RCT-101, Page 2, Section C, Line 3D. REV-802 All income claimed to be exempt must be reduced by any expenses can be found on the department’s website at www.revenue.pa.gov. incurred in the production of such income and this information must be IMPORTANT: REV-802, Schedule C-6, Add-back for Intangible included to support all entries on Line 2B. Expenses or Cost and Related Interest, must be submitted with RCT-101. LINE 2C This amount is the combination of additional depreciation deduction LINE 3D allowed under Act 89 of 2002 for IRC Section 168(k) property and the additional Bonus Depreciation deduction allowed after Act 72 of 2018. The total of all additions from REV-860, Schedule OA, is carried to RCT-101, Page 2, Section C, Line 3E. LINE 2D Add Lines 3A, 3B, 3C and 3D and enter the result on Line 3, Total Other allowable deductions. As an example, certain charitable Additions. contributions may be deductible for a subsidiary corporation which has income on a separate company basis. Targeted jobs credit wages is LINE 4 another deductible item. If issued prior to Feb. 4, 1994, net gains on the Line 1 minus Line 2 plus Line 3. sale of U.S. or PA securities are deductible. FICA tax obligation on employee tips, if taken as a credit for federal purposes, are also If all business is transacted in Pennsylvania, skip Lines 5 through 9. Enter deductible. amount from Line 4 on Line 10. www.revenue.pa.gov REV-1200 11 |
Enlarge image | APPORTIONMENT AND ALLOCATION DETERMINATION OF TAX A taxpayer must have income from business activities taxable by Pennsylvania and at least one other state to allocate and apportion LINE 12 income. For purposes of allocation and apportionment of income, a PA Taxable Income or Net Loss. Line 12 must equal Line 10 minus taxpayer is taxable in another state if, in that state, the corporation is Line 11. subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business or a corporate stock tax or if that state has jurisdiction to subject the taxpayer to a net income tax LINE 13 regardless of whether the state does or does not. For more information about this deduction or to claim this deduction, Business income is income arising from transactions and activity in the businesses should contact the department at ra-rvtaxcredits@pa.gov . regular course of the taxpayer’s trade or business and includes income from tangible and intangible property if the acquisition, management or LINE 14 disposition of the property constitutes integral parts of the taxpayer’s regular trade or business operations. Business income includes all Calculate and enter the PA corporate net income tax by subtracting Line income that is apportionable under the U.S. Constitution. Nonbusiness 13 from Line 12 and multiplying the difference by the current tax rate. income is all income other than business income. The REV-934, Schedule of Nonbusiness Income, must be completed by all taxpayers LINE 15 allocating nonbusiness income. For taxpayers calculating a credit for tax paid by affiliated entities, IMPORTANT: Refer to the “Apportionment, Exemptions and taxpayers must complete REV-803, Schedule C-7, Credit for Tax Paid by Allocation” on Page 14 for more detail. Affiliated Entities. The credit is then carried to RCT-101, Page 2, Line 15. REV-803 can be LINE 5 found on the department’s website at www.revenue.pa.gov. Enter the total amount of nonbusiness income or loss from REV-934, Column C Total. (Must be included with report.) IMPORTANT: REV-803, Schedule C-7, Credit for Tax Paid by Affiliated Entities, must be submitted with RCT-101. LINE 6 Enter the amount of income or loss to be apportioned by adding the loss LINE 16 or subtracting the income reflected on Line 5 to or from Line 4. Tax Liability (Line 14 minus Line 15). LINE 7 Enter the apportionment percentage from Schedule C-1. LINE 17 Enter the amount of CNI tax withholding from PA Schedule CP, Line 16. LINE 8 Enter the income or loss apportioned to Pennsylvania by multiplying Line LINE 18 6 by Line 7. See Confirmation of Deposits on Account, Page 6. Enter the total of estimated payments and transferred credits applied to the current tax LINE 9 period. Enter the total amount of nonbusiness income or loss allocated to Pennsylvania from REV-934, Column A Total. (Must be included with LINE 19 report.) Enter the amount of restricted credit to be applied to the current tax year. LINE 10 Restricted credits may include those originating from special tax credit programs administered by various state agencies. Add the income or deduct the loss reflected on Line 9 to or from Line 8. If the entire business is transacted in Pennsylvania, enter the amount from Line 4 on Line 10. If a loss exists, add to RCT-103, Line 21. LINE 20 Determine the total payment due or overpayment by subtracting Lines NET OPERATING LOSS DEDUCTION 17,18 and 19 from Line 16. Negative amounts (identifying an overpayment) should be written as -1,000. If a net total overpayment LINE 11 develops, see instructions below for completing Section D. Net Operating Loss Deduction. Enter the total of Column C from RCT-103. Complete RCT-103 and include it with your RCT-101. REMINDERS: Short periods are considered to be one tax year for purposes of •You must enter a value in the space provided, even if the amount is computing the carryforward. zero. Overpayments must be entered as a negative amount. 12 REV-1200 www.revenue.pa.gov |
Enlarge image | PAGE 3 SECTION F SECTION D SCHEDULE OF REAL PROPERTY IN PA Taxpayers must report the location of any real property utilized in the TRANSFER/REFUND METHOD Commonwealth of Pennsylvania during the current tax period. Include an After completing Section C on Page 2 of the RCT-101 Annual Report, if indication if the property was rented or owned by the taxpayer and if the an overpayment exists taxpayers must instruct the department to either property was located in a Keystone Opportunity Zone/Keystone transfer any available credit to the next tax year or consider any available Opportunity Expansion Zone or Strategic Development Area. credit for refund, or both, under Section D. The department will not issue refunds in the amount of $1.00 or less. PAGE 4 Taxpayers may request direct deposit of the refund by completing the SECTION G Direct Deposit section of Page 3 of the RCT-101. If no option is selected, the department will automatically transfer any CORPORATE OFFICERS overpayment to the next tax year for estimated tax purposes after Taxpayers annual affirmation of all corporate officer’s information must offsetting current period liabilities and other unpaid liabilities of any tax be included on the RCT-101. When information is provided on RCT-101, type on the account. A Credit Summary Notice will be mailed to the REV-1605 is not required. However, to report a change in corporate taxpayer confirming the disposition of the credit. officers during the tax year, REV-1605 should be filed electronically at mypath.pa.gov. REV-1605 may also be submitted via fax to SECTION E 717-787-3708 or email to ra-btftregisfax@pa.gov. When completing the affirmation of corporate officer section, LLCs, BULK SALE business trusts and other unincorporated entities required to file RCT-101 Corporate taxpayers that ceased all business activity (domestic must enter the names and Social Security numbers of individuals who corporations) or ceased business activity in Pennsylvania (foreign are responsible for the tax and/or business matters of the entity (i.e. Tax corporations) and disposed of all assets or Pennsylvania assets must Matter Partner, Managing Partner, Trustee). Social Security numbers indicate that the current year return is the final report by checking the box must contain all nine digits. on Page 1, Step C. A corporate officer must sign the report. The signature may be Taxpayers who held any assets during the year must complete REV-861, original, stamped or electronic. Also provide telephone number, email Schedule DA, Disposition of Assets. address and title of the officer along with the date signed. If a taxpayer sells 51 percent or more of any class of asset during the tax period, the taxpayer must check the box and provide the purchaser’s Paid preparers must sign and date all tax returns. The preparer’s name and address. This includes any stock of goods, wares, name, complete address, federal PTIN and the date prepared must be merchandise of any kind, fixtures, machinery, equipment, buildings or real typed or printed in the appropriate boxes. estate. CAUTION: A taxpayer who sells 51 percent or more of any class of asset is required to obtain a Bulk Sale Certificate by filing RCT-101, PA Corporate Net Income Tax Report, up to the date of the sale and completing REV-181, Application for Tax Clearance Certificate. Mail completed REV-181 separately to the Bureau of Compliance. DO NOT send with the PA Corporate Net Income Tax Report. For further guidance, refer to Tax Bulletin 53D. www.revenue.pa.gov REV-1200 13 |
Enlarge image | APPORTIONMENT, EXEMPTIONS AND ALLOCATION APPORTIONMENT OF TAXABLE INCOME Dividends and income from U.S. securities and receipts from sales of Corporate taxpayers with activity in multiple states may be able to securities (unless a securities dealer) must be excluded from both the apportion taxable income. In order to apportion income, a corporation numerator and denominator of the sales factor. must be subject to tax in another state. SPECIAL APPORTIONMENT FRACTIONS For tax years beginning on or after Jan. 1, 2013, unless the taxpayer is RAILROAD, TRUCK, BUS, AIRLINE OR AIR FREIGHT required to use a special apportionment method, the apportionment factor FORWARDING COMPANIES used in the calculation of the PA taxable income will consist only of sales attributable to PA divided by total sales of the taxpayer. All business income of railroad, truck, bus or airline companies shall be apportioned to the Commonwealth of Pennsylvania by multiplying the SALES FACTOR income by a fraction. The numerator is the taxpayer’s total revenue miles The numerator is the total gross receipts of the taxpayer inside this state within the commonwealth during the taxable period. The denominator is during the tax period, and the denominator is the total gross receipts of the total revenue miles of the taxpayer everywhere during the taxable the taxpayer everywhere during the taxable period. Gross receipts are period. A revenue mile means the average receipts derived from the net of returns and allowances. Sales of tangible personal property are transportation by the taxpayer of persons or property one mile. Where inside this state if the property is delivered or shipped to a purchaser revenue miles are derived from the transportation of both persons and within this state. The partnership’s gross receipts shall be included in the property, the revenue mile fractions attributable to each such class of denominator of the taxpayer’s sales factor to the extent of the taxpayer’s ownership interest in the partnership. The amount of such gross receipts transportation are calculated separately. The average of the two fractions, attributable to Pennsylvania shall be included in the numerator of the weighted in accordance with the ratio of total receipts from each such sales factor. These figures should be reflected on the Partner’s Share of class of transportation everywhere to total receipts from both such classes Sales from Partnerships line of RCT-106. Amounts applicable to an of transportation everywhere, is used in apportioning business income to ownership interest in an LLC or business trust that is a partnership or the commonwealth. disregarded entity for federal income tax purposes must be included. PIPELINE OR NATURAL GAS COMPANIES CAUTION : This must be numeric with a numerator and a All business income of pipeline companies is apportioned to the denominator present. If no activity anywhere, the numerator must commonwealth by multiplying the income by a fraction. The numerator is be “0” and the denominator must be “1”. the revenue ton miles, revenue barrel miles or revenue cubic feet miles Act 52 of 2013 established the following criteria for determining if receipts of the taxpayer inside the commonwealth during the tax period. The from other than the sale of tangible personal property are sourced to PA: denominator is the revenue ton miles, revenue barrel miles or revenue •Sales from the sale, lease, rental or other use of real property, if the cubic feet miles of the taxpayer everywhere during the tax period. A real property is located in this state. If a single parcel of real property revenue ton mile, revenue barrel mile or revenue cubic feet mile means, is located both inside and outside this state, the sale is in this state respectively, the receipts derived from the transportation by the taxpayer based upon the percentage of original cost of the real property of one ton of solid property, one barrel of liquid property or one cubic foot located in this state. of gaseous property transported one mile. All business income of natural •Sales from the rental, lease or licensing of tangible personal gas companies subject to regulation by the Federal Power Commission property, if the customer first obtained possession of the tangible or by the Pennsylvania Public Utility Commission is apportioned to the personal property in this state. If the tangible personal property is Commonwealth of Pennsylvania by multiplying the income by a fraction. subsequently taken out of this state, the taxpayer may use a The numerator is the cubic foot capacity of the taxpayer’s pipelines inside reasonably determined estimate of usage in this state to determine the commonwealth. The denominator is the cubic foot capacity of the the extent of sale in this state. taxpayer’s pipelines everywhere, at the end of the taxable period. •Sales from the sale of service, if the service is delivered to a location Determine the cubic foot capacity of a pipeline by multiplying the square in this state. If the service is delivered both to a location inside and of its radius by its length in feet. outside this state, the sale is in this state based upon the percentage of total value of the service delivered to a location in this state. WATER TRANSPORTATION COMPANIES If the state or states of assignment cannot be determined for a OPERATING ON HIGH SEAS customer who is an individual who is not a sole proprietor, a service All business income of water transportation companies operating on high is deemed to be delivered at the customer's billing address. seas is apportioned to the Commonwealth of Pennsylvania by multiplying the business income by a fraction. The numerator is the number of port •If the state or states of assignment cannot be determined for a customer who is a sole proprietor, a service is deemed to be days spent inside the commonwealth. The denominator is the total delivered at the location from which the services were ordered in the number of port days spent inside and outside the commonwealth. Port customer's regular course of operations. If the location from which days do not include periods when the ships are not in use because of the services were ordered in the customer's regular course of strikes or withheld from service for repair or because of seasonal operations cannot be determined, a service is deemed to be reduction of services. Days in port are calculated by dividing the delivered at the customer's billing address. aggregate number of hours in all ports by 24. 14 REV-1200 www.revenue.pa.gov |
Enlarge image | WATER TRANSPORTATION COMPANIES 2. Net rents and royalties from tangible personal property are allocable OPERATING ON INLAND WATERS to this state to the extent the property is used in this state. The extent All business income of water transportation companies operating on of utilization of tangible personal property in a state is determined inland waters is apportioned to the Commonwealth of Pennsylvania by by multiplying the rents and royalties by a fraction, the numerator of multiplying the business income by a fraction. The numerator is the which is the number of days of physical location of the property in taxpayer’s total revenue miles inside the commonwealth during the the state during the rental or royalty period in the taxable year and taxable period. The denominator is the total revenue miles of the taxpayer the denominator of which is the number of days of physical location everywhere during the taxable period. In the determination of revenue of the property everywhere during all rental or royalty periods in the miles, one-half of the mileage of all navigable waterways bordering taxable year. If the physical location of the property during the rental between the commonwealth and another state shall be considered or royalty period is unknown or unascertainable by the taxpayer, commonwealth miles. A revenue mile means the revenue receipts derived tangible personal property is utilized in the state in which the property from the transportation by the taxpayer of persons or property one mile. was located at the time the rental or royalty payer obtained possession. IMPORTANT: Corporations with two distinct activities like warehousing/trucking and distribution/trucking or personal Net rents and royalties from tangible personal property are also transportation and property transportation must check the Alternative allocated to this state if the commercial domicile of the taxpayer is Apportionment checkbox on Page 1, Step C for timely processing. For in PA and the taxpayer is not organized or subject to tax in the state further information such companies should refer to Corporation Tax where the property is utilized. “Commercial domicile” means the Bulletin 2022-01. principal place from which the trade or business of the taxpayer is directed or managed APPORTIONMENT AND INVESTMENTS IN UNINCORPORATED ENTITIES 3. Interest is allocable to this state if the taxpayer’s commercial domicile A corporate taxpayer’s investment in an unincorporated entity is is in this state. considered a direct ownership in the corporation’s share of the assets of 4. Patents and copyright royalties are allocable to this state if and to the unincorporated entity rather than an intangible interest. When the extent that the patent or copyright is utilized by the payer in this determining the sales factor, the numerator and the denominator of the state, or if and to the extent that the patent or copyright is utilized by factor must include the sales of the corporate taxpayer plus the corporate the payer in a state in which the taxpayer is not taxable and the taxpayer’s share of the sales of the unincorporated entity. In situations taxpayer’s commercial domicile is in this state. A patent is utilized in where the corporate taxpayer has an investment in a business not subject a state to the extent that it is employed in production, fabrication, to the corporate net income tax (i.e. an LLC that files federal Form 1065 manufacturing or other processing in the state or to the extent that with the IRS), the apportionment factor used in the calculation of the PA a patented product is produced in the state. If the basis of receipts corporate net income tax will include only the sales of the LLC. from patent royalties does not permit allocation to states or if the A corporate taxpayer with an investment in a LLC or business trust that accounting procedures do not reflect states of utilization, the patent files a federal partnership return or is disregarded for federal income tax is utilized in the state in which the taxpayer’s commercial domicile purposes, would include the activity of the investee LLC or business trust is located. A copyright is utilized in a state to the extent that printing in the single sales factor apportionment used in the calculation of the or other publication originates in the state. If the ba sis of receipts corporate net income tax. from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the NONBUSINESS INCOME copyright is utilized in the state in which the taxpayer’s commercial TRC § 401(3)2.(a)(1)(A) defines business income as income arising from domicile is located. transactions and activity in the regular course of the taxpayer's trade or IMPORTANT: T axpayers claiming nonbusiness income must business and includes income from tangible and intangible property if include REV-934, Schedule of Nonbusiness Income, when filing either the acquisition, the management or the disposition of the property RCT-101. is an integral part of the taxpayer's regular trade or business operations. The term includes all income apportionable under the U.S Constitution. IMPORTANT: Nonbusiness income of railroad, truck, bus or airline Nonbusiness income means all income other than business income. companies; pipeline or natural gas companies; and water transportation companies operating on high seas or inland waters also is Rents and royalties from real or tangible personal property, gains, interest, allocated as noted above. patent or copyright royalties, to the extent that they constitute nonbusiness income, are allocated as reflected below: 1. Net rents and royalties from real property located in this state are allocable to this state. www.revenue.pa.gov REV-1200 15 |
Enlarge image | WHERE TO FILE REV-853 – ANNUAL EXTENSION MAILING ADDRESSES PA DEPARTMENT OF REVENUE RCT-101 – PA CORPORATE NET INCOME TAX REPORT, PO BOX 280425 RCT-101-I – INACTIVE PA CORPORATE NET INCOME TAX HARRISBURG PA 17128-0425 REPORT, RCT-101D – DECLARATION OF DE MINIMIS ACTIVITY REV-854 – FEIN/FILING PERIOD/ADDRESS CHANGE AND RCT-128C – REPORTS OF CHANGE IN CORPORATE NET Fax or Email to: INCOME TAX Fax: 717-787-3708 If you are including payment, please use the following address: Email: ra-btftregisfax@pa.gov PA DEPARTMENT OF REVENUE PAYMENT ENCLOSED REV-1605 – SCHEDULE CO-NAME OF CORPORATE OFFICERS PO BOX 280427 Fax or Email to: HARRISBURG PA 17128-0427 Fax: 717-787-3708 Email: ra-btftregisfax@pa.gov If you are requesting a transfer of credit or refund of overpayment, please use the following address: REV-976 – ELECTION NOT TO BE TAXED AS A PENNSYLVANIA PA DEPARTMENT OF REVENUE S CORPORATION TRANSFER/REFUND REQUESTED Fax or Email to: PO BOX 280706 Fax: 717-787-3708 HARRISBURG PA 17128-0706 Email: ra-btftregisfax@pa.gov If you are neither including payment nor requesting a transfer of credit or PA-20S/PA-65 – PA S CORPORATION/ PARTNERSHIP refund of overpayment, please use the following address. This includes INFORMATION RETURN reports when payment was made electronically. PA DEPARTMENT OF REVENUE PA DEPARTMENT OF REVENUE PO BOX 280509 NO PAYMENT, NO TRANSFER/REFUND HARRISBURG PA 17128-0509 PO BOX 280708 OVERNIGHT MAILING HARRISBURG PA 17128-0708 PA DEPARTMENT OF REVENUE REV-857 – ESTIMATED TAX PAYMENTS 1854 BROOKWOOD ST PA DEPARTMENT OF REVENUE HARRISBURG PA 17104-2244 PO BOX 280422 SPECIAL HANDLING HARRISBURG PA 17128-0422 PA DEPARTMENT OF REVENUE CT-V – FED/STATE PAYMENT VOUCHER PO BOX 280704 PA DEPARTMENT OF REVENUE HARRISBURG PA 17128-0704 PO BOX 280427 HARRISBURG PA 17128-0427 16 REV-1200 www.revenue.pa.gov |