Form OR-65 Instructions Oregon Partnership Income Return 2022 Which partnerships must file Form OR-65? • A copy of federal Form 1065, U.S. Return of Partnership Income. Include all pages and supporting schedules (for • Every partnership having income or loss derived from example, Schedule M-3). or connected with sources in Oregon. • Schedule OR-AP, if you answered yes to question 6A on • Every partnership having one or more Oregon resident Form OR-65. partners. • If this is the final partnership return, a schedule showing to whom all assets and liabilities were distributed, and Which partnerships don’t need to file Form OR-65? each asset’s adjusted basis, fair market value, and sales price. • Publicly traded partnerships taxed as corporations. • Federal Schedules K-1, if there were less than 11 part- • Partnerships that aren’t required to file a federal partner- ners during the year. If you had more than 10 part- ship return. ners, include a summary of partner information. Your Example: A married couple electing the qualified joint ven- summary must include each partner’s name, Social ture option doesn’t file a federal partnership return; therefore Security number (SSN) or federal employer identifi- they don’t file an Oregon partnership return. cation number (FEIN), address, profit/loss sharing percentage, and Oregon modifications and credits. If you are mailing the summaries and K-1s, we prefer them on Partnership minimum tax CD or a USB flashdrive. Label the CD or flashdrive with the A partnership must pay the $150 minimum tax if it’s doing entity’s name, FEIN, and tax year. If your CD or flashdrive business in Oregon and required to file a partnership return. is password protected, mail the password separately or “Doing business” is performing a profit-seeking activity. If email it to files.partnership@ dor.oregon.gov. Include the you are registered to do business in Oregon, but didn’t have partnership name and FEIN with the password. any business activity, you are not subject to the minimum tax. • Form OR-24, if you had a 1031 exchange investing in out- of-state property. When a short-year return is filed only because of a change • Any additional schedules required for Oregon modifica- in accounting periods, the tax is prorated for the number of tions and credits from Schedule I. months in the short tax year. Filing and payment deadlines Amending instructions Returns and tax payments for the 2022 calendar year are due Complete the return as it should have been filed and check the ”amended return” box at the top. Include an explanation by March 15, 2023. Fiscal year returns are due by the 15th day of all corrections. There is no tax to pay or refund unless you of the third month after the end of the partnership’s tax year. change the amount entered on line 3C or 3D. If the amended Estimated payments are not required. return is a tax-to-pay return, include payment with the amended return. Don’t include a voucher, Form OR-65-V, Extension of time to file with the return. If you filed a federal extension, you don’t need an Oregon Federal audit adjustments. If your federal partnership return extension. If you need to file an Oregon-only extension, was audited and adjusted at the federal level, see “Federal you will receive the same amount of time to file as a federal centralized partnership audits” for more information. extension. The maximum extended due date is September 15, 2023 for calendar year partnerships. Note: An extension Penalty and interest to file doesn’t mean more time to pay. The partnership will owe interest on any tax not paid by To receive an Oregon-only extension, make your tax payment the due date. The 2023 interest rate is 6 percent per year and by the original return due date through Revenue Online or increases to 10 percent per year if not paid within 60 days of through the mail using a payment voucher, Form OR-65-V. our billing notice. With either payment option, check the “original return” pay- The partnership will also owe a 5 percent late payment pen- ment type. When filing Form OR-65, check the (f) checkbox alty on any tax not paid by the due date. and enter the extension due date. Partnership failure-to-file penalty What must be included with the Oregon We may assess a penalty if a partnership doesn’t file a return partnership return? or fails to provide information to us as required by law. The Submit this information with the return in the following penalty is $50 per month per partner for each month the order: return is late or incomplete, up to a maximum of five months. 150-101-065-1 (Rev. 09-19-22) 1 2022 Form OR-65 Instructions |
Don’t submit a penalty payment with your return. Penalty Additional requirements. Partnerships with CPAR adjust- payments are only required if a penalty is assessed by us. ments affecting Oregon tax must notify us by submitting a completed adjustments report, regardless of whether the Guaranteed payments Oregon CPAR election is made. Partnerships must also notify their owners of adjustments affecting Oregon income Guaranteed payments are treated as distributive shares of and whether the partnership has paid Oregon tax on that partnership income. For nonresident partners, income attrib- income. Partnerships can use federal Form 8986, Partner’s utable to Oregon sources is determined by applying the allo- Share of Adjustment(s) to Partnership-Related Item(s), for these cation and apportionment provisions to each nonresident’s notifications. entire distributive share including guaranteed payments. For more information about the Oregon CPAR election, see Publication OR-OC. Individual income tax returns Each partner’s distributive share of net income (or loss) and Form instructions separately stated items must be reported on that partner’s individual income tax return. Heading Enter all information in the heading and check all appli- Partners report their share of Oregon modifications (addi- cable boxes. It’s important that you provide the name and tions or subtractions) or credits on their tax return. The contact information for the person who has the partnership partner’s modification or credit is based on the total for the records. If you don’t complete this section, there may be a business multiplied by their ownership percentage. delay in receiving important information. If the partnership Nonresident partners can join a composite return, Form filed using a different name on the 2021 Oregon partnership OR-OC, filed by the partnership or file their own return using return, check the “name change” box and provide that name. Form OR-40-N and instructions. Line instructions 2023 short tax year Line 1A. Answer yes if the partnership is doing business in Oregon. “Doing business” is defined the same for partner- Oregon follows federal filing requirements for short tax years. ships and corporations. Use the 2022 form for a short tax year that ends in 2023, if the 2023 forms are not available by the due date. Remember that Lines 2A and 2B. The partnership is required to file if it had an extension to file doesn’t change the due date of the tax. Oregon resident partners orhad income (or loss) apportioned or allocated to Oregon. If you answered “Yes” to 2A or 2B (or both), you must file a Form OR-65. Federal centralized partnership audits If you didn’t answer “Yes” to either 2A or 2B, then the part- The Internal Revenue Service (IRS) makes audit adjustments nership isn’t required to file a return or pay the minimum tax. and collects taxes at the partnership level for partnerships sub- ject to the centralized partnership audit regime (CPAR). CPAR Line 3A. If 1A is “Yes” and 2A or 2B (or both 2A and 2B) adjustments that affect the partnership’s Oregon income and are “Yes,” the partnership owes the partnership minimum taxes must be reported to us using the procedures outlined here. tax. Enter $150 on line 3A unless the partnership is filing a return for a change in accounting periods. If the “Accounting Partnership representative. Your federal partnership rep- period change” box is checked, use this chart to determine resentative has the authority to make federal and Oregon the correct tax. Enter the tax on line 3A that corresponds to decisions on behalf of the partnership, unless someone else the number of months on the return: is designated as the Oregon representative. Don’t use Form OR-65 to designate an Oregon partnership representative. Number of Tax Number of Tax Send us a letter with the representative’s information by mail months months or fax, or submit it through Revenue Online. 1 $ 13 7 $ 88 Oregon CPAR election—Form OR-OC. The partnership 2 $ 25 8 $100 representative may elect to report the audit adjustments and 3 $ 38 9 $113 pay Oregon tax at the partnership level. The representative must use Form OR-OC, not Form OR-65, to make this elec- 4 $ 50 10 $125 tion. See Publication OR-OC for more details. 5 $ 63 11 $138 Amended Form OR-65. If the federal CPAR adjustments 6 $ 75 12 $150 affect Oregon tax, and the partnership representative doesn’t Important: This chart doesn’t apply to other short tax year make the Oregon CPAR election, an amended Form OR-65 returns, such as initial returns or final returns. The tax is $150 must be filed for each adjusted tax year. Complete a federal in those cases. Form 1065 for each adjusted tax year as if the form were being filed with the IRS. Write “as if” at the top of each Form Example 1: In 2022, the IRS gave Renters LLC permission to 1065, and submit the “as if” form with the amended Form change from a calendar tax year to a fiscal tax year ending in OR-65 for each adjusted tax year. September. To change the accounting periods, a short year return 150-101-065-1 (Rev. 09-19-22) 2 2022 Form OR-65 Instructions |
is required from January 1 to September 30, 2022. The LLC will Lines 7A–7D. The partners must file returns and pay transit file a 2022 short year return and owe $113 in tax on the due date district self-employment taxes for income subject to these for that short year, which is December 15, 2022. Later they will taxes. The partnership may instead file and pay on their behalf. file a full year 2023 return from October 1, 2022 to September Go to www.oregon.gov/dor/business for information. 30, 2023 and will owe $150 minimum tax for that full tax year. Example 2: Freight Partners ended business on May 10, 2023. Schedule I They are a calendar tax year partnership, so the partners will Enter the name, numeric code, and amount for each modifica- file a 2023 short tax year return due August 15, 2023. They will tion or credit. Include schedules to list additional modifica- use 2022 forms because 2023 forms aren’t available yet, but they tions and credits or to explain the modifications. Modification will follow 2023 tax laws when completing the return. They will and credit codes can be found in Publication OR-CODES and owe $150 minimum tax which is also due August 15, 2023, even Publication OR-17, which are available on our website. if they get an extension to file. If your partnership is a member of another PTE who elected Line 3B. Enter the payments submitted prior to filing or with to pay Oregon’s PTE-E tax and the PTE claimed a deduction an extension. for PTE-E elective tax on their federal return, you must report Line 3C. If payments are less than the tax liability owed by an addition on Schedule I. See Form OR-21 Instructions or the partnership, enter the amount of tax due (line 3A minus Publication OR-17 for additional information. line 3B). Otherwise, go to line 3D. A partner may be able to claim their share of these modifica- To submit a payment: tions or credits on their own return. Provide this information to partners with their Schedule OR-K-1. For more informa- • You can make payments anytime at www.oregon.gov/dor. • Make your check or money order payable to “Oregon tion, see the instructions regarding partnership and S corpo- Department of Revenue.” ration modifications and credits in Publication OR-17. • Write your daytime phone number, FEIN, and “2022 Oregon marijuana business modification. Oregon-licensed Partnership Tax” on your check or money order. marijuana businesses are allowed a subtraction for expenses • Don’t send cash or a postdated check. that could be claimed as federal deductions if marijuana • Send your check or money order in the same envelope as wasn’t a controlled substance under federal law (IRC Section your return. Don’t use Form OR-65-V unless you’re send- 280E). To calculate the subtraction, you must fill out a federal ing a payment without a return. partnership return as if the marijuana business expenses • Pay the tax by the due date (not including extensions) to would have been allowed for federal purposes. You won’t avoid penalty and interest. submit the “as if” federal partnership return to the IRS. The Line 3D. If payments are more than the tax liability owed subtraction is the difference between the profit/loss on your by the partnership, enter the amount to be refunded to the actual federal return and the “as if” return. Don’t submit the partnership (line 3B minus line 3A). If the tax liability and the “as if” return with your Form OR-65. Keep it with your tax payments already submitted are the same, enter $0. records. See Publication OR-17. Line 4D. Enter the number of federal Schedule K-1s that were Gain on voluntary and involuntary conversions. Oregon issued to partners. Does the partnership have nonresident allows partnerships to elect for their partners to defer the partners? The partnership is required to send in payments gain on voluntary and involuntary conversions. Partnerships on behalf of nonresident partners who are individuals or C must make the election for all consenting partners. Include corporations, unless the partner is exempt, files an affidavit, Form OR-24 with your Form OR-65, and check box (g) on or joins a composite return. See Publication OR-OC and Form the front of the return. OR-19-AF Instructions for more information on the partner- ship’s requirements to file a composite return or send in Filing instructions payments on behalf of its nonresident partners. You can electronically file or mail the Form OR-65 and any Line 4E. Nonresident partners who are individuals, trusts, required enclosures to: estates, or C corporations can join a composite return ,Form OR-OC, filed by the partnership. Enter how many partners Oregon Department of Revenue participated in the Form OR-OC the partnership filed or will PO Box 14555 be filing. Salem OR 97309-0940 Line 5C. If a federal audit or adjustment changed your prior If you are filing electronically and your software doesn’t year or current year tax return, check the box and list the tax support attachments, mail the attachments to the address years that were changed. Report increases in tax using Form above or fax the attachments to 503-945-8735, labeled “Attn: OR-OC. See Publication OR-OC for additional information. ADP.” Be sure to provide the partnership name and FEIN for reference. Wait three days after electronically filing the Form Line 5D. If the partnership didn’t opt out of CPAR, enter the OR-65 before faxing the required attachments. contact information for the federal partnership representative (PR). If the PR is an entity, enter the contact information for Don’t submit Form OR-OC or Form OR-19 with the partner- both the designated individual and the entity. ship return. File those forms separately. 150-101-065-1 (Rev. 09-19-22) 3 2022 Form OR-65 Instructions |
Do you have questions or need help? www.oregon.gov/dor 503-378-4988 or 800-356-4222 questions.dor@ dor.oregon.gov Contact us for ADA accommodations or assistance in other languages. 150-101-065-1 (Rev. 09-19-22) 4 2022 Form OR-65 Instructions |