Enlarge image | 2023 RI-1120S - Rhode Island Business Corporation Tax Return SPECIFIC INSTRUCTIONS INFORMATION SECTION: APPORTIONED TAXABLE INCOME Enter the requested entity information on the top of the form, includ- ing name, address, federal identification number, email address, Line 4 - Adjusted Taxable Income NAICS code, and if the entity is not a calendar year filer, enter the Subtract the total deductions amount on line 2 from the Federal beginning and end dates of the entity’s fiscal year. Taxable Income amount on line 1. Add to that the total additions amount on line 3. Enter the following information in the corresponding boxes: A. The gross receipts from U.S. Form 1120S, page 1, line 1a or Line 5 - Rhode Island Apportionment Ratio other applicable Federal form. Complete Schedule I on page 4. Enter the amount from Schedule B. The depreciable assets from line 10a Column (c), Schedule L, I, line 5. U.S. Form 1120S, page 4 or other applicable Federal form. C. Enter the total assets from line 15, Column (d), Schedule L, U.S. Line 6 - Apportioned Rhode Island Taxable Income Form 1120S, page 4 or other applicable Federal form. Multiply your adjusted taxable income amount from line 4 times the Rhode Island Apportionment Ratio from line 5. NOTE: If filing a final return, a separate request for a letter of good standing for dissolution or withdrawal should also be filed. Attach Line 7a - Minimum Tax the final return to the request form and follow the instructions for Rhode Island minimum tax is $400.00. section V or VI. The final return and request form must be completed through the date of withdrawal. When filing for dissolution or with- If line 23a or 23b of Federal 1120S is applicable, refer to Rhode drawal, an extension is not valid. Within thirty (30) days of the date Island Schedule S for your tax calculation. Enter the tax from of the letter, it must be recorded with the Secretary of State. Schedule S, line 8. If Qualified Sub-chapter S Subsidiary, multiply the number of Q- SUBCHAPTER S CORPORATION FILERS: Subs that are a part of this filing by the minimum tax and enter here. Form RI-1120S is to be used only by entities taxed as subchap- ter S corporations for federal tax purposes. Line 7b - Jobs Growth Tax Enter 5% of the aggregate performance-based compensation paid to eligible employees as per the Jobs Growth Act (R.I. Gen. Laws § LIMITED LIABILITY COMPANY FILERS: 44-64.11-5). (i) If the LLC is to be treated as a corporation for federal tax purpos- es, it shall pay a tax the same as a “C” corporation and file Form RI- Line 7c - Pass-Through Withholding 1120C. Enter Rhode Island Pass-Through Withholding from RI Schedule (ii) If the LLC is to be treated as a subchapter S corporation for fed- PTW, line 13. See the RI Schedule PTW section on page4 of these eral tax purposes, it shall pay a fee equal to the minimum tax as instructions for more information. defined under R.I. Gen. Laws § 44-11-2(e) and file Form RI-1120S. (iii) All other LLCs shall pay a fee equal to the minimum tax as defined Line 7d - Reserved for Future Use under R.I. Gen. Laws § 44-11-2(e) and file Form RI-1065. Line 8a and 8b - RI Business Corporation Tax and Withholding QUALIFIED SUB-CHAPTER “S” SUBSIDIARY: Add lines 7a through 7d. If Qualified Sub-Chapter “S” subsidiary(s) are included for federal purposes, they may also be filed on one return for Rhode Island pur- Line 9a - Estimated Tax Payments poses. They may do so by checking the "Q-sub Included" check Enter the total estimated tax payments made with respect to the tax- box on page 1 and attaching RI-1120S Q-Sub Schedule to the tax able year, if any, including any overpayment allowed from the pre- return. The minimum tax must be included for each entity included ceding taxable year. in the return. See Reg 280-RICR-20-25-14 for further details. Line 9b - Rhode Island Pass-through Withholding Paid on Entity’s Behalf by Another Pass-Through Entity SCHEDULE A - COMPUTATION OF TAX Enter the amount of any nonresident pass-through withholding payments made on this entity's behalf by a pass-through entity of which this pass-through entity is a member/partner. This amount TAXABLE INCOME should equal the Total Pass-through Withholding Amount from RI Schedule PTW, Part C, line 14v. RI Schedule K-1s must also be Line 1 - Federal Taxable Income attached reflecting the amount of income and withholding passed Enter the taxable income as it appears on Federal Form 1120S, through to this pass-through entity from the pass-through entity of Schedule K, line 18. which it belongs. Line 2 - Total Deductions NOTE: You must complete Part C of RI Schedule PTW in order to Enter Total Deductions from page 2, Schedule B, line 1e. receive credit for any pass-through withholding that was paid for your nonresident members by a higher tier pass-through entity Line 3 - Total Additions even if you have negative taxable income from that entity. Enter Total Additions from page 2, Schedule C, line 1f. |
Enlarge image | 2023 RI-1120S - Rhode Island Business Corporation Tax Return SPECIFIC INSTRUCTIONS - page 2 Line 9c - Nonresident Real Estate Withholding Line 14 - Overpayment Enter the amount of Rhode Island income tax withheld on sales of If line 10 is more than line 8b, this is the amount of your overpay- real estate located in Rhode Island. Enter an amount here only if ment. If there is an amount due on line 12c, subtract that amount the nonresident real estate withholding was paid on behalf of the from your overpayment. entity AND a breakdown of member(s)’s shares was not provided to the Division of Taxation at the time of closing. If the amount on line 12c is more than your overpayment, enter the amount on line 13. This amount is due and payable when the return NOTE: Refer to the entity’s nonresident real estate withholding is filed. paperwork that was filed with the Division of Taxation. Line 15 - Amount to be Applied to 2024 Estimated Tax Line 9d - Other Payments Enter the amount of the overpayment from line 14 that is to be cred- Enter the amount of all other tax payments (i.e. extension pay- ited against next year’s estimated tax. The amount on this line may ment) made with respect to the taxable year. be adjusted by the Tax Administrator. Line 10 - Total Payments Line 16 - Amount to be refunded. Add the amounts from lines 9a through 9d. Subtract line 15 from line 14. Line 11 - Net Tax Due Subtract the amount on line 10 from the amount on line 8b. SCHEDULE B - DEDUCTIONS Line 12 - Interest and Penalty Calculation Enter the total of (a), (b) and (c) on this line. Line 1a - Exempt Interest (a) Interest on the balance due Enter the amount of interest exempt from Rhode Island tax includ- ed on line 4, Schedule K of Federal 1120S. For failure to pay the tax on time, interest at the rate of 12% (0.1200) per year; or 1.0% (0.0100) per month, shall be assessed. Line 1b - Bonus Depreciation Adjustment Enter the amount of adjustment which represents the difference Interest shall accrue on the amount from line 12 at the rate of 12% between normal first year depreciation and residual depreciation as per annum from the due date for filing the return (the fifteenth day of long as depreciation lasts. the third month following the close of the taxable year) to the actual date of payment. Line 1c- Modification for Tax Incentives for Employers Enter the amount of modification allowed under R.I. Gen. Laws § 44- (b) Penalty on the balance due 55. Attach Form RI-107 and required documentation to the return. For failure to file the return on time, a penalty at the rate of 5% Line 1d - Cash Basis Only- Deduction for Pass-through Entity (0.0500) per month not to exceed 25% (0.2500) shall be assessed. Tax Enter the amount of deductions for Pass-through Entity Tax claimed For failure to pay the tax on time, a penalty at the rate of 0.5% in prior year. (0.0050) per month not to exceed 25% (0.2500) shall be assessed. Line 1e- Total Deductions (c) Interest for underpayment of estimated taxes Add lines 1a through 1d. Enter here and on page 1, Schedule A, line 2. In the case of any underpayment of the estimated taxes by a corpo- ration there shall be added to the tax as the case may be for the tax- able year, an amount determined at the rate of 12% per annum upon SCHEDULE C - ADDITIONS the amount of the underpayment for the period of the underpay- ment. Line 1a - Interest The amount of the estimated payments made for the tax year must Enter the gross amount of interest income received or accrued with equal at least eighty (80%) percent of the current year tax amount, respect to all obligations of any state, territory or possession of the or one hundred (100%) percent of the prior year tax amount, United States or any political subdivision of the foregoing, or the whichever is less. In addition, unless using the annualization of District of Columbia other than Rhode Island or its political subdivi- income method, total payments and withholding for each quarter sions not included on line 4, Schedule K of Federal 1120S. must be at least equal to one quarter of the amount of tax in order to avoid underestimating interest. An overpayment or underpay- Line 1b - Bonus Depreciation Adjustment ment from the immediately preceding quarter should be applied to Enter the entity’s bonus depreciation amount less its normal depre- the next quarter when determining the overpayment or underpay- ciation amount. ment for that quarter. Line 1c - Intangible Addback Line 13 - Total Due with the Return Enter the total amount of interest expenses and costs and intangible Add lines 11 and 12. The amount is due and payable when the expenses and costs that must be added back under R.I. Gen. Laws return is filed. See the Electronic Mandate section at the end of § 44-11-11(f). these instructions for information on how to file your return and remit payment. |
Enlarge image | 2023 RI-1120S - Rhode Island Business Corporation Tax Return SPECIFIC INSTRUCTIONS - page 3 Line 1d - Pass-through Entity Tax Elected to be Paid an interest in property and evidences of debt. Enter the total amount of the pass-through Entity elected to be paid under R.I. Gen. Laws § 44-11-2.3. Line 2 - Receipts Factor Line 1e - Taxable portion of Paycheck Protection Loan 2a) 100% allocation to Rhode Island of the gross receipts from sales Enter the taxable portion of the Paycheck Protection program loan of tangible personal property sold in the regular course of business amount under R.I. Gen. Laws § 44-11-11. where Rhode Island (or any other state or place) is the place of origin and Rhode Island is the destination. Sales of tangible personal prop- Line 1f - Total Additions erty are in Rhode Island if the property is delivered or shipped to a Add lines 1a through 1e. Enter here and on page 1, Schedule A, line 3. purchaser within this state regardless of the free on board (F.O.B.) point or other conditions of the sale. SCHEDULE D - RHODE ISLAND CREDITS Gross income from services is attributed to Rhode Island if the serv- ices are performed in Rhode Island. If the entity has credits passing through to its members, complete Pursuant to R.I. Gen. Laws § 44-11-14(a)(2)(i)(B), gross sales of tan- RI Schedule CR-PT - Other RI Credits for RI-1065 & RI-1120S filers. gible personal property where shipments are made from an office, store, warehouse, factory or other place of storage in this state and the taxpayer is not taxed in the state of purchase must now be includ- SCHEDULE E – OTHER DEDUCTIONS TO ed in the Receipts section of the Rhode Island apportionment column. FEDERAL TAXABLE INCOME This gross receipts amount must be listed separately as shown on the apportionment schedule. Line 1 - Elective Deduction for New Research and Development 2b) Dividend income. This amount should not be included in 2(h). Facilities - Refer to R.I. Gen. Laws § 44-32-1 for more details. Line 2 - Capital Investment Deduction - Rhode Island General 2c) Interest income. This amount should not be included in 2(h). Laws provide for a deduction for purposes of computing net income in accordance with R.I. Gen. Laws § 44-11, for investments 2d) Gross rental income from the leasing or renting of real and tangi- in certified venture capital partnerships. Taxpayers claiming this ble personal property. deduction for investments in certified venture capital partnerships must provide copies of certification from the Department of 2e) Royalty income associated with Rhode Island activities. Economic Development of the Venture Capital Partnership. A recapture of a previously take deduction may be necessary under the law. This should be done by listing the recaptured amount as a 2f) Net income from the sale of real property, tangible personal prop- negative number. erty, or other capital assets not held by the taxpayer for sale to cus- tomers in the regular course of business. SCHEDULE I - ALLOCATION FACTOR 2g) Net income from the sale or disposition of securities or financial obligations. Do not include related dividends or interest. Dividends Prior to considering your apportionment factors, R.I. Gen. and interest are reported on line 2(b) and 2(c). Laws § 44-11-13 and Regulation 280-RICR-20-25-9 should be considered to determine whether a company has the ability to 2h) Gross income from all other receipts includes income from all apportion its Rhode Island adjusted taxable income. All other sources (not listed above) and includes (but is not limited to) apportionment factors must be filled out even if your appor- receipts from patents, royalties, copyrights, commissions, dividends tionment is 100% Rhode Island. and interest. Gross income from royalties is attributable to Rhode Island to the extent that the patent or copyright is used in this state If utilizing an alternative allocation apportionment as allowed by the person paying royalties to the taxpayer. A patent is used in under R.I. Gen. Laws § 44-11-14.1, § 44-11-14.2, § 44-11-14.3, § Rhode Island to the extent that it is employed in fabrication, manu- 44-11-14.4, § 44-11-14.5 or § 44-11-14.6, check the box above facturing, production or other processing in Rhode Island or to the the apportionment schedule. extent that a patented product is produced in Rhode Island. A copy- right is used in Rhode Island to the extent that printing or other pub- Line 1 - Average Net Book Value Factor lication originates in Rhode Island. Accordingly, all such gross Real and tangible personal property owned is valued at book value. income should be included in Schedule I, line 2(h), Column A. For Real and tangible personal property rented is valued at 8 times the corporations organized under Rhode Island laws, all gross income annual net rental rate. The annual net rental rate shall be reduced from interest and dividends must be shown on Schedule I, lines (but not to less than zero) by the annual rental rate received from 2(b&c), Column A. subrentals. 2i) Income exempt from federal taxation. “Tangible personal property” means such property as machinery, tools, implements, goods, wares, and merchandise. It does not Line 3 - Salaries and Wage Factor include cash, shares of stock, bonds, notes, credits, or evidences of Schedule I, line 3, Column A represents that part of the total wages, |
Enlarge image | 2023 RI-1120S - Rhode Island Business Corporation Tax Return SPECIFIC INSTRUCTIONS - page 4 salaries and other compensation to officers and employees paid or must be filed reporting the Rhode Island source income of all non- incurred by the taxpayer during the taxable year which is assignable resident members on line 1, calculating the pass-through withholden to offices, agencies, or places of business within the State of Rhode due and listing the Rhode Island source income of all members on Island, or which is attributable to services performed in connection line 7. All of the corresponding RI schedule K-1s should show the with the taxpayer’s activities or transactions within this state during nonresident members’ withholding as zero. the taxable year. Line 4 - Rhode Island Ratios Part A - Nonresident Rhode Island Source Income Total the Rhode Island ratios from lines 1f, 2k and 3b. Calculation Line 5 - Allocation Factor Line 1 – Enter the pass-through entity’s apportioned Rhode Island If dollar amounts for property, receipts and salaries exist in Column taxable income from RI-1065, line 6; RI-1120s, line 6. B, the total of the three ratios on line 4 should be divided by 3. If one factor is not found in Column B, then the total of the two ratios Line 2 – Enter the profit percentage or current year allocation per- on line 4 must be divided by 2. If only one factor exists in Column B, centage of all members/partners that are nonresidents. then the ratio on line 4 should be carried to line 5. Also, enter this ratio on page 1, Schedule A, line 5. Line 3 – Multiply the apportioned Rhode Island taxable income on line 1 by the profit percentage or current year allocation percentage of all nonresident members/partners from line 2 to calculate Rhode RI SCHEDULE PTW Island source income for all nonresidents. For tax years beginning on or after January 1, 2023, Rhode Island Part B - Pass-through Withholding Calculation pass-through withholding of a pass-through entity with nonresi- dent partners, members, beneficiaries and shareholders will be Line 4 – Using the amount of Rhode Island source income for all reported and calculated using RI Schedule PTW as part of Form nonresidents from line 3, enter the amount attributed to nonresi- RI-1120S rather than using Form RI-1096PT. dent members that are C Corporations on line 4a and that are Sub S Corporations, Individuals, LLCs, Partnerships and Trusts. RI Schedule PTW is not required to be filed if there are no nonresi- dent members of the pass-through entity. Lines 4a and 4b must equal line 3. The pass-through entity is required to include RI Schedule PTW For lines 5 through 9: Use the appropriate column(s) based on showing the amount of Rhode Island withholding for all nonresident entity type and enter the Rhode Island source of income of the members for whom Rhode Island taxes were withheld. This does nonresident member(s) not subject to pass-through withholding on not include any nonresident members who have elected to file a RI Schedule PTW. composite return using Form RI-1040C-NE or elected to file on Form RI-PTE - Pass-through Entity Election. Column A: C Corporations Column B: Sub S Corporations, Individuals, LLCs, Partnerships When submitting RI Schedule PTW with Form RI-1120S, the pass- and Trusts. through entity must attach all corresponding RI Schedule K-1s . Line 5 – Enter the amount of Rhode Island source income for all If any of the following exceptions apply to the pass-through entity, nonresident members of the pass-through entity which cannot be check the applicable box at the top of the form and enter the amount distributed due to Federal or State restrictions. of income associated with the exception on the appropriate line under Part B. Line 6 – Enter the amount of Rhode Island source income for all • Cannot distribute funds due to Federal or State restrictions nonresident members of the pass-through entity exempt from tax. • Exempt from income tax • Nonresident member(s) with less than $1,000.00 in Rhode Line 7 – Enter the amount of Rhode Island source of income of Island source income those nonresident members with income less than $1,000 net mod- • All Rhode Island source income for the nonresident mem ifications. ber(s) is being reported on Form RI-1040C - Composite Income Tax Return. Line 8 – Enter the amount of the Rhode Island source of income of • A pass-through entity election was made and all Rhode nonresident members being reported on Form RI-1040C - Island source income for the nonresident member(s) is Composite Income Tax Return. being reported on Form RI-PTE. Line 9 – Enter Rhode Island source of income of those nonresidents If the pass-through entity cannot distribute funds due to Federal or being reported on Form RI-PTE - Pass-through Entity Election. state restrictions, a statement explaining what is prohibiting the dis- tribution of the funds along with all of the corresponding RI Schedule Line 10 – Rhode Island source income of nonresident members K-1s containing all required information. subject to PT withholding Column A, subtract the amounts from lines 5a - 9a from line 4a If all the nonresident members of the pass-through entity have Column B, subtract the amounts from lines 5b - 9b from line 4b Rhode Island source income less than $1,000.00, RI Schedule PTW |
Enlarge image | 2023 RI-1120S - Rhode Island Business Corporation Tax Return SPECIFIC INSTRUCTIONS - page 5 Line 11 – Rhode Island pass-through withholding rate. For C corporations only, the rate is 7.0%. For Sub S corporations, individuals, LLCs, partnerships and trusts, the rate is 5.99%. Line 12 – For each column, multiply the amount of Rhode Island source income of those nonresidents from line 10 by the pass- through withholding rate line 11 to calculate the pass-through with- holding amount. Line 13 – Add lines 12a and 12b. Enter here and on Form RI- 1065, line 7c; or Form RI-1120S, line 7c. Part C - Pass-through Withholding Paid on Entity’s behalf by another Pass-through Entity Part C must be completed if claiming an amount on either Form RI-1120S or Form RI-1065, page 2, line 9b. Attach a separate sheet if additional room is needed. In addition, a copy of Form(s) RI Schedule K-1 issued to the entity must be attached in order for credit to be given. Failure to attach a copy will result in the disal- lowance of the pass-through withholding amount until documenta- tion is provided. Enter the amount of any nonresident pass-through withholding payments made on the entity’s behalf by another pass-through entity. This amount should equal the Total Pass-through withhold- ing amount from RI Schedule PTW, Part C, line 14v. ELECTRONIC MANDATE The R.I. Division of Taxation has an electronic mandate that requires Larger Business Registrants use electronic means to file returns and remit taxes beginning on January 1, 2023. A "larger business registrant" is defined as any person who: 1) Operates as a business whose combined annual liability for all taxes administered by the Division of Taxation for the entity is or exceeds $5,000; or 2) Operated as a business whose annual gross income is over $100,000 for the entity. If you meet either of the above criteria you are required to file returns and remit taxes electronically. Visit the RI Division of Taxation’s website for additional information. https://tax.ri.gov/resources/businesses/electronic-filing-mandate YOU MAY BE SUBJECT TO A PENALTY FOR FAILURE TO FILE RETURNS AND/OR REMIT PAYMENTS VIA ELECTRONIC MEANS. |