Form OR-19 Instructions Annual Report of Pass-through Entity Owner Tax Payments 2022 • The owner has made estimated tax payments for the prior Introduction tax year based on the owner’s share of Oregon-source distributive income from the PTE and continues to make Purpose of form estimated tax payments for the current tax year; or Form OR-19 is used to report tax payments withheld by • The owner files an affidavit, Form OR-19-AF, indicating pass-through entities (PTEs) with distributive income from that they do not want the PTE to withhold tax from their Oregon sources. The tax withheld is a prepayment of Oregon Oregon-source distributive income. For more information, income and excise tax for the PTE’s owners. see Form OR-19-AF Instructions. For composite filing information, see Publication OR-OC. For Withholding isn’t required if the owner is another PTE, affidavit filing information, see Form OR-19-AF Instructions. except for entities that are disregarded for tax purposes. Qualifying publicly traded partnerships, estates, and most Taxes withheld by a lower-tier PTE on distributions to an trusts aren’t required to withhold tax for their nonresident upper-tier PTE will be applied to the withholding required owners. by the upper-tier PTE. Two common examples of disre- garded entities are: A PTE entity that elects to pay the PTE elective tax will gen- erally not be required to withhold on the owners. Withhold- • Grantor trust: A grantor trust (usually called a revocable ing may be required for other types of taxes not included on trust or living trust) is controlled by the grantor. Withhold the PTE elective tax return, such as built-in gains or excess for the grantor the same as any other individual. On Form net passive income tax. OR-19, use the name, Social Security number (SSN), and address of the individual owner. Select individual as the Definitions owner type. Don’t use the name, FEIN, or address of the grantor trust. Throughout these instructions, the following terms are used: • Single member LLC: Withhold for the member the same “Distributive income” is generally the net taxable income as any other individual or C corporation owner using the or loss of a PTE. See “Oregon-source distributive income” individual’s or corporation’s information. on page 2 for a complete definition. If the PTE expects the total Oregon-source distributive “Electing owner” is a nonresident owner who chooses to income of a nonresident owner to exceed $1,000 during the join in the filing of a composite return. tax year, the PTE should begin submitting payments as of “FEIN” means federal employer identification number. the first quarter that includes Oregon-source income. Tax payments are required on the nonresident owner’s entire “Nonelecting owner” is a nonresident owner who chooses share of Oregon-source income, not just the amount exceed- not to join in the filing of a composite return, is required to ing $1,000. file an Oregon tax return, and has Oregon-source distribu- tive income. The requirement to submit payments isn’t dependent on whether the PTE makes any distributions to its owners. A “Owner” is a partner of a partnership or limited liability PTE with distributive income that didn’t pay any money partnership (LLP), shareholder of an S corporation, member to its owners must still submit Oregon tax payments for of a limited liability company (LLC), or beneficiary of a trust. its nonresident owners. A PTE with no distributive income “Pass-through entity (PTE)” is a partnership, S corpora- that pays a distribution from capital or retained earnings tion, LLP, LLC, or certain trusts. Note: Single-member LLCs isn’t required to withhold tax or submit nonresident owner owned by an individual or a corporation and grantor trusts payments. are disregarded for tax purposes and aren’t PTEs. For this purpose only: Estates aren’t PTEs. Oregon-source distributive income Oregon-source distributive income is the portion of the Owner payment requirements entity’s modified distributive income that is derived from or A PTE is required to pay tax to the department on behalf of connected with Oregon sources. For estimated tax purposes, the nonelecting owner unless: distributive income is the net amount of the PTE’s income, gain, deduction, or loss for the tax year. It includes items • The PTE elects to file and pay the Pass-through Entity directly related to the PTE that are considered in determin- Elective (PTE-E) tax; ing the federal taxable income of the owner. It also includes • The owner has estimated or actual Oregon-source distribu- modifications provided in Oregon Revised Statutes (ORS) tive income from the PTE that is less than $1,000 for the Chapter 316 and other Oregon laws that directly relate to PTE’s tax year; the PTE. 150-101-182-1 (Rev. 08-23-22) 1 2022 Form OR-19 Instructions |
Oregon modifications. Examples of modifications that relate Oregon-source distributive income to determine the amount to the PTE’s income include adjustments for depreciation, upon which the owner’s estimated payments are based. depletion, gain or loss difference on the sale of depreciable property, and U.S. government interest. Modifications don’t Credits include the federal tax subtraction, itemized deductions, or Credits normally allowed on owners’ tax returns, such as the Oregon standard deduction. the credit for income taxes paid to another state, aren’t taken Oregon marijuana or psilocybin business modification. into account in determining the income amount upon which Oregon-licensed marijuana and psilocybin businesses are owner payments are based and remitted. allowed a deduction for expenses that could be claimed as federal deductions if marijuana or psilocybin weren’t Form instructions controlled substances under federal law (IRC 280E). To cal- culate the deduction, fill out a federal business return as if PTE information. Enter the PTE’s name, FEIN, and address. the business expenses would have been allowed for federal purposes. Don’t submit the federal business return to the Contact information. Enter the name, phone, and email of a IRS. The deduction is the difference between the profit/ person the department can contact if we have questions or loss on your actual federal return and the “as if” return. need more information. Note: This deduction can’t be used to create a net operating Section 1. Mark the box that matches the PTE’s entity type: loss. It can only reduce your Oregon source income to zero. Partnership, S corporation, LLC, LLP, LP, or Trust. Enter the Don’t submit the “as-if” return with Form OR-19. Keep total amount of owner payments made each period and the it with your tax records. See Publication OR-17 for more date the payments were made. If more than four payments information. were made during the year, combine the last payments into Non-Oregon-source income. Oregon-source distributive Payment 4. income doesn’t include return of capital, income sourced in Section 2–Owner information. Each line should list only one taxpayer, so another state, or other distributions not taxable by Oregon. list spouses separately. Enter the name, tax identification number, and address for each owner for Oregon-only income whom tax was withheld. If the PTE has business activity only in Oregon, multiply the Owner type. Indicate how the owner will file. Select from distributive income of the PTE by the ownership percentage Individual, Corporation, Trust/Estate, or Composite. Don’t of the owner. enter Grantor Trust, Disregarded Entity, or LLC. Apportionable income Important: PTEs with business activity both inside and outside Oregon • Owners won’t receive credit for payments made on their during the year must calculate Oregon-source distributive behalf until the PTE has submitted Form OR-19. income for its owners. Use Schedule OR-AP for this purpose. Complete Part 1 of the schedule to figure the apportionment • Don’t include owners that are exempt, have no Oregon percentage. Multiply the PTE’s distributive income by the tax liability or withholding, are joining a composite apportionment percentage, then multiply by the ownership return, or filed an affidavit. percentage of the owner. • Use the individual or corporate owner’s information for disregarded entities. Guaranteed payments Guaranteed payments are treated as a business income • Use Form OR-19 only when submitting the annual rec- component of the PTE’s distributive income and attributed onciliation. Do not submit this form with each period directly to the owner receiving the payment. See Oregon payment. Administrative Rule (OAR) 150-316-0155. • Incomplete forms or forms submitted in the incorrect format won’t be processed. Deductions • Make sure the owner’s name on Form OR-19 matches the Individual tax deductions name that will be on their income tax return. Deductions normally allowed to individuals (itemized Section 2–Payment information. Enter the date and amount deductions or the standard deduction) aren’t allowed in of each payment submitted during the tax year. Use whole determining the income amount upon which owner pay- dollars for all amounts. If there were more than four pay- ments are based and remitted. ments, combine the last payments under Payment 4. Self-employment tax deduction Make additional copies of Section 2 as needed to divide all Each PTE must calculate the self-employment tax deduction payments among all owners. If more than one copy is used, for each electing member that is subject to self-employment enter the total for all payments on the last page of Part 2. The tax. The self-employment tax deduction that is attributable to total payments must match the payments as listed in Section the Oregon-source distributive income is subtracted from the 1. Indicate the number of pages at the bottom of the form. 150-101-182-1 (Rev. 08-23-22) 2 2022 Form OR-19 Instructions |
Important: Provide each owner with the total of their tax Exception: Fiscal-year entities with only noncorporate own- payments. They will need the information when they file ers who file using a calendar tax year may elect to use the their Oregon income or excise tax return. due dates applicable to the owners instead of the entity’s tax year. Composite filing after tax withheld. If the PTE wants any portion of a payment to go to its Form OR-OC account Example. Beachside LLC has a fiscal tax year ending Sep- because some or all of the owners will be joining in a com- tember 30. The LLC would normally send in payments on posite return, enter “Form OR-OC” in the “Owner first the following due dates: January 15; March 15; June 15; and name” field and the amount from each payment. September 15. The owners are all individuals who file using a calendar tax year, so the LLC chooses to use the exception. Due date for 2022 Form OR-19 Because the owners report this income in their calendar tax year as required by IRS and Oregon laws, the payment due Form OR-19 is due on the last day of the second month after dates are the same as their estimated payment due dates: the end of the PTE’s tax year. For tax year 2022, the due date April 15; June 15; September 15; and January 15. for PTEs using a calendar year is February 28, 2023. Payment methods Payment instructions Online payments. Tax payments can be submitted through Calculate the amount of tax to be withheld and remitted to Revenue Online. Visit www.oregon.gov/dor for more the department as follows: information. Mailed payments. • Individual owners: Use the highest individual tax rate on Use Form OR-19-V to mail a payment by the nonelecting owner’s share of Oregon-source distribu- check, money order, or cashier’s check. See Form OR-19-V tive income. For 2022, the rate is 9.9 percent. and Form OR-19-V Instructions for details. • C corporation owners: Use the corporate tax rates on the nonelecting owner’s share of Oregon-source distributive Do you have questions or need help? income. For 2022, the rate is 6.6 percent on the first $1 mil- www.oregon.gov/dor lion and 7.6 percent on the amount over $1 million. 503-378-4988 or 800-356-4222 questions.dor@ dor.oregon.gov Due dates for tax payments Contact us for ADA accommodations or assistance in other Tax payments for owners must be remitted for the period in languages. which the distributive income is earned or estimated. Use the entity’s tax year. For calendar year entities, the due dates for 2023 are: • April 18, 2023 (1st period). • June 15, 2023 (2nd period). • September 15, 2023 (3rd period). • December 15, 2023 (4th period). For fiscal-year entities, the due dates are the 15th day of the fourth, sixth, ninth, and 12th months of the tax year. 150-101-182-1 (Rev. 08-23-22) 3 2022 Form OR-19 Instructions |