Enlarge image | Do not staple or paper clip. 2 0 Rev. 7/22/22 Ohio IT K-1 10211411 Use only black ink and UPPERCASE letters. Part I - Investor / Owner / Beneficiary and Entity Information For calendar year 20 or taxable year beginning and ending Amended K-1 Pass-through entity / Fiduciary filing: IT 1140 IT 4708 IT 4738 Other Investor’s / owner’s / beneficiary’s SSN / FEIN Entity FEIN NAICS code Investor’s / owner’s / beneficiary’s name and address Entity name and address Entity type Foreign State Code Country Code Foreign State Code Country Code Ownership % Beginning Ending Apportionment Ratio Within Ohio Total Everywhere Profit-sharing ........... % % Property ............................ / Loss-sharing ............ % % Payroll............................... / Ownership of capital % % Sales................................. / Beneficiary’s income distribution % (trust/estates only) % Total apportionment ratio ...................... Part II - Investor’s / Owner’s / Beneficiary’s Ohio Depreciation Adjustments Total Ohio 1a. Current year IRC §168(k) bonus depreciation & §179 expense (fraction used __/__) .................... 1a. b. Total deduction of prior year IRC §168(k) bonus depreciation & §179 expense Ohio add-backs ... 1b. Prior year Ohio add-backs and related year deduction Year and add- 20 / 20 / 20 / 20 / 20 / 20 / back fraction Add-back amount Related deduction Part III - Investor’s / Owner’s / Beneficiary’s Share of Ohio Income Total Ohio 2a. Pass-through entity / electing pass-through entity / trust & estate income .......................................2a. b. Guaranteed payments or compensation (20% or greater investors only) ...........................................b. c. Net Ohio depreciation adjustment ....................................................................................................... c. d. Total taxable income (sum of 2a through 2c for each column) ............................................................d. Part IV - Investor’s / Owner’s / Beneficiary’s Share of Ohio Tax Credits 3. Direct pass-through entity credit (Ohio tax paid by this entity after nonrefundable business credits and refunds) .................... 3. 4. Indirect pass-through entity credits or withholding (attach IT K-1/W2/1099) .............................................................................. 4. Include the FEIN for any indirect pass-through entities 5. Refundable job creation credit & job retention credit (include certificates) - % of credit claimed % ............................ 5. 6. Refundable Ohio historic preservation credit (include certificates) - % of credit claimed % ........................................ 6. 7. Venture capital credit (include certificates) .................................................................................................................................7. 8. Motion picture & Broadway theatrical production credit (include certificates) - % of credit claimed % ....................... 8. 9. Nonrefundable business credits (include certificates) ................................................................................................................ 9. List the specific credits Part V - Supplemental Information |
Enlarge image | Preparers completing the IT K-1: use the instructions below. Investors receiving an IT K-1: use the instructions beginning on page 3. Instructions for Completing the IT K-1 A PTE, EPTE, or fiduciary should issue the IT K-1 to each investor, owner, or beneficiary that receives income, adjustments, and/or credits. Use the IT K-1 to report the proportionate or distributive share of Important: If the PTE/EPTE is an investor/owner in another income, adjustments, and/or credits for any investor, owner, or PTE(s), it must combine its property, payroll and sales amounts beneficiary. with the amounts reported on any IT K-1 it receives. Provide a copy to each investor, owner, or beneficiary and include See R.C. 5747.21, 5747.231, and 5733.05(B)(2). copies of each IT K-1 when filing the IT 1140, IT 4708, IT 4738, or IT 1041. The IT K-1 can be issued for any tax year, even when the Part II – Investor’s / Owner’s / Beneficiary’s PTE, EPTE, or fiduciary is not required to file a return. Depreciation Adjustments See tax.ohio.gov to obtain a copy of the form and for FAQs (in the “Pass-Through Entities - OH IT K-1” topic). Line 1a - Current year 168(k) and 179 depreciation expense Ohio add-back Part I – Investor / Owner / Beneficiary Enter the add-back fraction that was checked on the Ohio return. and Entity Information Total Column: Enter the investor’s/owner’s/beneficiary’s propor- Enter the calendar year or a fiscal year period used on the entity’s tionate or distributive share of the current year 168(k) and 179 federal return. depreciation expense add-back reported on: ● IT 1140 - Schedule II, (A) or (B); Check the box to indicate which Ohio return the PTE, EPTE, or ● IT 4738 - Schedule II; trust is filing. If the PTE, EPTE, or trust does not file either the IT ● IT 4708 - Schedule II; OR 1140, IT 4738, or IT 4708, check “Other.” Additionally, check the box to indicate an amended IT K-1, if applicable. ● IT 1041 - Schedule II. Ohio Column: Multiply the amount in the “Total” column by the Investor / beneficiary information apportionment ratio on the IT K-1. Use the same investor/owner/beneficiary information reported on the federal K-1. Enter the full SSN or FEIN on the copy of the IT See R.C. 5733.40(A)(5) and 5747.01(A)(18). K-1 provided to the Department. Line 1b – Total deduction of prior year 168(k) and 179 depre- Ownership % ciation expense Ohio add-backs PTEs/EPTEs: Enter the same investor/owner ownership informa- Complete the worksheet below line 1b to calculate these amounts. tion reported on the federal K-1 for the tax year. Only report prior-year depreciation add-backs for years that (1) the person was an investor, owner, or beneficiary, and (2) Fiduciaries: Enter the percentage of income distributed to the ben- the PTE, EPTE or fiduciary filed an Ohio return. eficiary during the tax year. Example: ABC LLC has operated in Ohio for 10 years. It filed Entity Information an Ohio PTE/EPTE return and reported depreciation add-backs in each year. Joe has been an investor/owner in ABC LLC for 2 Use the same entity information reported on the federal K-1. Enter years. When completing the worksheet on Joe’s IT K-1, ABC LLC the full FEIN on the copy of the IT K-1 provided to the Department. will only include depreciation add-back amounts for the prior year. NAICS code: PTEs and EPTEs include their North American It will not include depreciation add-back amounts for years prior to Industry Classification System (NAICS) code. NAICS codes are Joe becoming an investor/owner. available at naics.com/search. Ohio Adm. Code 5703-7-01. Add-back amount: Enter the investor’s/owner’s/beneficiary’s pro- Entity type: Enter the entity type reported on the IT 1140, IT 4708, portionate or distributive share of the add-back for the year entered or IT 4738. If the PTE, EPTE, or fiduciary does not file an Ohio at the top of the column. return, enter one of the following: S-corporation, limited liability Related deduction: Using the chart below, multiply the add-back company, partnership, trust, or other. amount by the appropriate deduction fraction. Apportionment Ratio If the PTE, EPTE, or fiduciary is filing an Ohio return, enter the Add-back fraction Deduction fraction apportionment information from Schedule IV of the IT 4708 or IT 5/6 1/5 4738, Schedule III of the IT 1140 or Schedule X of the IT 1041. 2/3 1/2 If the PTE, EPTE, or fiduciary is not filing an Ohio return, use the worksheet below to calculate Ohio property, payroll and sales 6/6 1/6 and the Ohio apportionment ratio. Use Ohio property and payroll, each weighted at 20%, and Ohio sales, weighted at 60%, versus Total Column: Add all the “related deduction” amounts from the property, payroll, and sales everywhere. If any factor’s “total every- prior-year worksheet. where” is zero, the weights of the remaining factors must be pro- Ohio Column: Multiply the amount in the “Total” column by the portionately increased so that the total remains 100%. Report the apportionment ratio on the IT K-1. apportionment ratio to six (6) decimal places. For detailed instruc- tions on calculating the Ohio apportionment ratio, see the instruc- See R.C. 5733.40(A)(5) and 5747.01(A)(18). tions for the IT 4708, IT 4738, IT 1140, or IT 1041. 1 |
Enlarge image | Part III - Investor’s / Owner’s / Beneficiary’s Part IV – Investor’s / Owner’s / Beneficiary’s Ohio Income Share of Tax Credits Line 2a - PTE / EPTE / trust & estate income Line 3 – Direct PTE credit (tax paid by this entity after any Total Column: Enter the investor’s/beneficiary’s proportionate or refunds) distributive share of the income reported on the Ohio return as Enter the investor’s/owner’s/beneficiary’s proportionate or distribu- follows: tive share of the tax paid and not otherwise refunded to the PTE: ● IT 4708 – The “income to be allocated or apportioned” ● IT 4708 – “Tax liability after nonrefundable business from Schedule I, excluding Internal Revenue Code 168(k) credits” from Schedule I. and 179 depreciation expense adjustments, and guaran- ● IT 4738 – “Tax liability” from Schedule I. teed payments and compensation reported on Schedules ● IT 1140 – “Tax for each column” from Schedule I. II and III. ● IT 1140 (PTEs only) – The “sum of distributive shares” plus Line 4 – Total Indirect PTE Credit for PTE taxes paid any “related member” adjustments from Schedule II. ● IT 4738 – The “income to be allocated or apportioned” Enter the investors/owner’s/beneficiary’s proportionate or dis- from Schedule I, excluding Internal Revenue Code 168(k) tributive share of taxes paid by another PTE/EPTE on behalf of and 179 depreciation expense adjustments, and guaran- this PTE/EPTE/fiduciary entity. Enter the FEIN of each PTE tier teed payments and compensation reported on Schedules to the PTE that paid the tax (attach a schedule or flowchart, if II and III. necessary). ● IT 1140 (Trusts only) – The “sum of all distributions” from Also enter any tax withheld on a W-2 and/or 1099. Provide Schedule IV. each investor, owner, or beneficiary with a copy of the IT K-1, W-2, and/or 1099 form. Enter the FEIN for each PTE/EPTE that For the specific lines related to these amounts, see the IT 4708, withheld tax in the space provided. Note: Exclude PTE credit IT 4738, or IT 1140 for the applicable tax year. amounts included as a direct PTE credit amount on line 3. Ohio Column: Multiply the amount of business income from the Lines 5-8, Refundable Business Credits “Total” column by the apportionment ratio on the IT K-1 and/ or enter the distributive share of any non-apportioned amounts Each investor or beneficiary is entitled to its proportionate or dis- allocated to Ohio. tributive share of direct and indirect refundable business credits from the PTE, EPTE, or fiduciary. The credits are not available to See R.C. 5733.40(A), 5747.08(D) & 5747.40 through 5747.43. an investor or beneficiary if the PTE, EPTE, or fiduciary claims Line 2b - Guaranteed payments and/or compensation (20% the credit when calculating its Ohio income tax. Provide each or greater investors only) investor or beneficiary with a copy of the credit certificate. Total Column: If, at any time during the tax year, the investor held Line 9 – Nonrefundable Business Credits at least a 20% interest in the profits or capital of the entity, enter Each investor, owner, or beneficiary is entitled to its proportionate total guaranteed payments (reported in box 4 of a federal K-1) or or distributive share of direct and indirect nonrefundable business compensation (reported in box 1 of a W-2) paid to the investor. credits from the PTE, EPTE, or fiduciary. Provide each investor, Important: Enter these amounts even if the investor is a resident owner, or beneficiary with a copy of the credit certificate. of Indiana, Kentucky, West Virginia, Michigan or Pennsylvania. Part V - Supplemental Information Ohio Column: Multiply the amount in the “Total” column by the apportionment ratio on the IT K-1. Use this section to substantiate any applicable inconsistencies or discrepancies on this form as compared to federal Schedule See R.C. 5733.40(A)(7). K-1. Report any Ohio financial institutions tax (FIT) credit (for tax years 2019 and prior). Line 2c - Net depreciation adjustment For each column, line 1a minus line 1b. Ohio IT K-1 is issued by a PTE, EPTE, or fiduciary to its inves- tors, owners,or beneficiaries (individuals, trusts, estates, PTEs, Line 2d – Total taxable Income or EPTEs). It contains the investor’s, owner’s, or beneficiary’s For each column, enter the sum of lines 2a through 2c. distributive share of income, adjustments, and/or credits. Ohio Apportionment Ratio Worksheet 2 |
Enlarge image | IT K-1 Investor/Owner/Beneficiary Instructions For use by a recipient of an IT K-1 when completing the IT 1040, IT 1041, IT 4738, IT 4708, and/or IT 1140. The IT K-1 contains the investor’s, owner’s, or beneficiary’s dis- Exception: If an investor/owner owns less than 5% of this tributive share of income, adjustments, and/or credits. PTE, the investor is not required to add back this amount. Line 1b – Deduction of prior-year depreciation add-backs The IT K-1 is commonly used by: If the IT K-1 reports an amount on this line: ● Individuals filing an IT 1040 and claiming the nonresident credit (using form IT NRC), or refundable / nonrefundable Individuals: Generally there will be a deduction of prior year IRC business credits (including the pass-through entity credit) 168(k) and 179 depreciation expense add-back on the Ohio on the Ohio Schedule of Credits; Schedule of Adjustments. ● PTEs and fiduciaries claiming refundable / nonrefundable business credits on the IT 4738, IT 4708, IT 1140, and/ PTEs, EPTEs, and fiduciaries: PTEs and fiduciaries should add or IT 1041. the total amount to the applicable line if the corresponding add- backs were made on the prior years’ returns: Investors claiming any of the above credits should include a copy ● IT 4708, Schedule III; of the IT K-1 when filing their return. ● IT 4738, Schedule III; ● IT 1140, Schedule II, columns A and/or B; OR Part I – Investor / Owner / Beneficiary ● IT 1041, Schedule II. and Entity Information Note: Add-Back and deduction adjustments are reported on Tax year: If the PTE, EPTE, or fiduciary completing the IT K-1 separate lines on the IT 1040, IT 4738, IT 4708, IT 1140 and IT files on a calendar year basis, the investor/owner should use the 1041. Do not net these amounts. IT K-1 for the same calendar year. If the PTE, EPTE, or fiduciary files on a fiscal year basis, the investor should use the IT K-1 for Part III - Investor’s / Owner’s / Beneficiary’s the return year that includes the fiscal year’s ending date. Ohio Income Entity FEIN: Individuals must report the entity’s FEIN on: Line 2a –PTE / EPTE / trust & estate income ● Form IT NRC, Section II; AND/OR ● Ohio Schedule IT BUS, part 4. This is the total and Ohio portion of this PTE’s, EPTE’s, or fidu- ciary’s income. PTEs and fiduciaries do not need to report this number when completing the IT 4738, IT 4708, IT 1140, or the IT 1041. Individuals: Add the Ohio portion of this line to the Ohio portion of line 2b and report the total on the IT NRC in Section II, Column Apportionment %: The investor/owner/beneficiary must C, “Ohio Apportioned Income”. include these amounts in the “Within Ohio” portion and the “Total Everywhere” portion of the property, payroll, and sales factor PTEs: Do not report these amounts when completing the IT 4708 calculations on: or IT 1140. ● Form IT NRC, Section III, Part A; ● Form IT NRCE Section III, Part A; not report these amounts when completing the IT EPTEs: Do 4738. ● IT 4738, Schedule IV; ● IT 4708, Schedule IV; Trusts: Report the total portion of this line on Schedule VII of the ● IT 1140, Schedule III; OR IT 1041. Do not report the Ohio portion of this line when ● IT 1041 Schedule X. completing the IT 1041. Note: If the PTE, EPTE, or fiduciary has received multiple IT Estates: Report the total portion of this line on the IT K-1s, it must aggregate the apportionment information from each NRCE in Section II, column A and the Ohio portion in column C. IT K-1 when completing the IT 4738, IT 4708, IT 1140, and/or IT 1041. Line 2b – Guaranteed payments / compensation Note: Certain individuals may not be required to complete Form If an investor/owner directly owns at least 20% of this entity, this IT NRC, Section III. See the instructions for the IT NRC. line is the total and Ohio portion of any guaranteed pay- ments or compensation paid by this entity. Part II - Investor’s / Owner’s / Beneficiary’s Individuals: Add the Ohio portion of this line to the Ohio portion of Ohio Depreciation Adjustments line 2a and report the total on the IT NRC in Section II, Column C, “Ohio Apportioned Income”. Line 1a – Current year depreciation add-back PTEs, EPTEs, and trusts: The PTE, EPTE, or trust should add If the IT K-1 reports an amount on this line: the total amount as applicable: Individuals: Generally there will be an IRC 168(k) and 179 depre- ● IT 4708, Schedule II; ciation expense add-back on the Ohio Schedule of Adjustments. ● IT 4738, Schedule II; OR ● IT 1140, Schedule II. PTEs, EPTEs, and fiduciaries: PTEs and fiduciaries should add the total amount to Schedule II of the IT 4738, IT 4708, IT 1140, Trusts and estates do not need to report this number when com- and/or IT 1041. pleting the IT 1041. Note (trusts only): If a trust retains 100% of its earnings, Note: If an investor/owner directly or indirectly owns at least then this amount should be reported on its IT 1041. How- 20% of this entity, it is required to report any guaranteed pay- ever, if a trust distributes 100% of its earnings, then this ment or compensation paid by this entity, even if an amount is not amount should be reported to its beneficiaries on an IT K-1. reported on this line. If a trust retains only a portion of its earnings, the trust will split this amount between its IT 1041 and the IT K-1s it issues to its beneficiaries. 3 |
Enlarge image | Line 2c – Net Ohio depreciation adjustment (Individual Inves- and this IT K-1 when filing the return. Refundable business cred- tors and Estates ONLY) its include the: This is generally line 1a minus line 1b. An individual should report ● Job creation and job retention tax credits; the total on the IT NRC in Section II, Column B, Ohio Deprecia- ● Ohio historic perseveration tax credit; tion Adjustment. An estate should report the total on the IT NRCE ● Ohio venture capital credit; AND in Section II, Column B, Ohio Depreciation Adjustment. ● Motion picture and Broadway theatrical production credit. You cannot use this amount if you did not make each Individuals: You should report these credits on the corresponding of the add-backs shown in the chart below line 1b. lines of the “Refundable Credits” section of the Ohio Schedule of See the instructions for the IT NRC or IT NRCE. Credits. PTEs and fiduciaries: To the extent the PTE or fiduciary reports Part IV - Investor’s / Owner’s / the income from this IT K-1, it can also report these credits on the corresponding lines of: Beneficiary’s Ohio Tax Credits ● IT 4708, Schedule V; OR Lines 3 and 4 – Direct/ indirect pass-through entity credits ● IT 1041, Schedule XII. Line 3 is the portion of income tax paid, after nonrefundable cred- These credits cannot be claimed on an IT 4738 or IT 1140. its and refunds, by this entity on its investor’s behalf (the “direct pass-through entity” credit). Line 4 is the portion of tax paid by Line 9 – Nonrefundable business credits another entity on this entity’s behalf (the “indirect pass-through This is the portion of any nonrefundable business credits granted entity” credit). These credits can only be claimed on the IT 1040, to the entity. The specific credits will be listed in the space pro- IT 4708, and IT 1041; they cannot be claimed on the IT 4738 or vided. IT 1140. Add lines 3 and 4 together and report the total on the “pass-through Individuals: Report these amounts on the corresponding lines of entity credit” line of one of the following: the “Nonrefundable Credits” section of the Ohio Schedule of Credits. ● Individuals: the Ohio Schedule of Credits; ● PTEs: the IT 4708, Schedule V; OR PTEs and fiduciaries: To the extent the PTE or fiduciary reports ● Trusts: the IT 1041, Schedule XII. the income from this IT K-1, it can also report these credits on the corresponding lines of: Note: A PTE or trust can only claim these credits to the extent it also reports any income reflected on the IT K-1 on its return. ● IT 4708, Schedule I; OR If the income is reported by an investor or a beneficiary, these ● IT 1041, Schedule I. credit amounts should be reported as an “indirect” credit on the IT These amounts cannot be claimed on an IT 4738 or IT 1140. K-1 issued to them. Lines 5-8 – Refundable business credits Part V - Supplemental Information This is the proportionate and distributive share of any refundable This section contains any additional information or instructions business credits granted to the entity by the Ohio Department of that the PTE, EPTE, or fiduciary who completed the IT K-1 wants Development (ODOD). Include a copy of the ODOD certificate to convey to the investor, owner, or beneficiary. 4 |