IT NRC Rev. 10/16 10211411 2015 Ohio IT NRC – Income Allocation and Apportionment Nonresident Credit and Part-Year Resident Credit Include this three-page form with the Ohio IT 1040 (individuals). Important: This form is for taxpayers claiming the nonresident credit on the Ohio IT 1040 for tax years 2015 and forward. Taxpayers completing the Ohio IT 1041 for trusts and taxpayers completing the Ohio IT 1040 for tax years 2014 and prior should not use this form and should refer to the instructions for those tax years. Taxpayer name SSN Note: In Part I, Part IV and Part V, the amount shown in column C for all lines must equal column A plus column B. Part I – Nonbusiness Income and Deductions (Seedefinitionsanddiscussionintheinstructions.) Allocate in Part I all items of income and/or deduction included in federal adjusted gross income that constitute nonbusiness income. See Ohio Revised Code (R.C.) section 5747.01(C). Only include the nonbusiness portion of the noted federal schedules. Note: Do not include on line 1 any guaranteed payments or compensation you received from a pass-through entity in which you have at least a 20% direct or indirect ownership interest. Show any such payments in Part II, A, line 4. (A) (B) (C) A. Nonbusiness Income Ohio Portion Non-Ohio Portion Total 1. Wages, salaries, tips, guaranteed payments (see note above) ............................................1. 00 00 00 2. Interest (federal Schedule B) .......................2. 00 00 00 3. Dividends (federal Schedule B)....................3. 00 00 00 4. State and local tax refunds...........................4. 00 00 00 5. Alimony received ..........................................5. 00 00 00 6. Capital gain (loss) and other gain (loss) 00 00 00 (federal Schedule D) ....................................6. 00 00 00 7. Pensions, annuities, IRA distributions ..........7. 8. Nonbusiness income (loss) from rental and royalty activity (federal Schedule E) ......8. 00 00 00 9. Unemployment compensation......................9. 00 00 00 TaxableSocialSecuritybenefits ................10. 00 00 00 11. Other income...............................................11. 00 00 00 12. Total nonbusiness income (add lines 1-11) ...12. 00 00 00 B. Deductions From Income 00 00 00 13. Educator expenses ....................................13. 14. Certain business expenses ........................14. 00 00 00 15. Health savings account deduction .............15. 00 00 00 16. Moving expenses .......................................16. 00 00 00 17. Deductible self-employment tax .................17. 00 00 00 Self-employedSEP,SIMPLEandqualified plans...........................................................18. 00 00 00 19. Self-employed health insurance deduction ..19. 00 00 00 00 00 00 20. Penalty on early withdrawal of savings ......20. 21. Alimony paid...............................................21. 00 00 00 00 00 00 22. IRA deduction .............................................22. 23. Student loan interest deduction ....................23. 00 00 00 24. Tuition and fees ............................................24. 00 00 00 25. Domestic production activities deduction .....25. 00 00 00 26. Other deductions ..........................................26. 00 00 00 27. Total deductions (add lines 13-26) ..............27. 00 00 00 28. Net nonbusiness income (line 12 minus line 27; enter here and in Part V, line 2, columns A, B and C, respectively)............................28. 00 00 00 - 1 - |
IT NRC Rev. 10/16 10211411 Taxpayer name SSN Entity # Business name / Trust % ownership FEIN / SSN Complete a separate Part II and Part III for each entity/business in which you hold an ownership interest. List entities from largest to smallest income. Part II – Business Income Include in section A all amounts included in federal adjusted gross income that constitute business income from the entity entered above. See R.C. section 5747.01(B). A. Business Income in Federal Adjusted Gross Income 1. Schedule B – Interest and Ordinary Dividends.......................................................................................1. 00 ScheduleC–ProfitorLossFromBusiness(SoleProprietorship) .........................................................2. 00 3. Schedule D – Capital Gains and Losses ................................................................................................3. 00 4. Schedule E – Supplemental Income and Loss to include guaranteed payments and/or compensation from the above entity only if you have at least a 20% direct or indirect ownership interest. Note: Reci- 00 procity agreements do not apply ............................................................................................................4. 00 ScheduleF–ProfitorLossFromFarming .............................................................................................5. 00 6. Other items of income and gain separately stated on federal Schedule K-1 .........................................6. 7. Total of business income from this entity (add lines 1 through 6) ...........................................................7. 00 B. Apportionable Adjustments From Ohio Schedule A 00 8. Portion of line 8 and line 10 from Ohio Schedule A attributable to the entity entered above ..................8. 00 9. Portion of line 19 and line 23 from Ohio Schedule A attributable to the entity entered above ...................9. 10. Total apportionable adjustments (line 8 minus line 9) ..........................................................................................10. 00 C. Net Business Income, Apportionment 11. Net apportionable business income (line 7 plus line 10). Enter here and on Part IV, column C on the 00 corresponding line for this entity ............................................................................................................11. 12. Less: Gain described in R.C. section 5747.212 (add losses described in that section) if such gain 00 (loss) is included in any of the lines above ...........................................................................................12. 00 13. Line 11 minus line 12 (if line 12 is a gain); line 11 plus line 12 (if line 12 is a loss) ..............................13. 14. Ohio apportionment ratio (Part III, line 4) .............................................................................................14. . 00 15. Total adjusted business income from this entity apportioned to Ohio (multiply line 13 by line 14) .......15. 00 16. Amount of line 12 gain (loss) apportioned to Ohio (enclose detailed computations) ...........................16. 00 17. Line 15 plus line 16; enter here and on Part IV, column A on the corresponding line for this entity .....17. 18. Net business income not apportioned to Ohio (line 11 minus line 17); Enter here and on Part IV, column B on the corresponding line for this entity ................................................................................18. 00 Part III – Apportionment Formula for This Entity (1) (2) (3) (4) (5) Total Weighted Within Ohio Everywhere Ratio Weight Ratio (carry to six (carry to six 1. Property decimal places) decimal places) (a) Owned (average cost) ............... (b) Rented (annual rental x 8) ......... (c) Total (lines 1a plus line 1b) ........ ÷ = . x .20 = 1c. . 2. Payroll (see Exclusions in the instructions) ..................................... ÷ = . x .20 = 2. . 3. Sales (see Exclusions in the instructions) ..................................... ÷ = . x .60 = 3. . 4. Ohio apportionment ratio. Add lines 1c, 2 and 3 (enter ratio here and on Part II, C, line 14) ............................. 4. . - 2 - |
IT NRC Rev. 10/16 10211411 Taxpayer name SSN Part IV – Summary of Business Income from All Entities From each Part II, section C that was completed, enter line 17 in column A, line 18 in column B and line 11 in column C. Enter each entity in the same order that you assigned them in Part II. If you have more than 16 entities, include additional Part IV(s) as needed. Total the additional entities on line 17. (A) (B) (C) Ohio Portion Non-Ohio Portion Total 1. Apportionable income from Entity # 1. 00 00 00 2. Apportionable income from Entity # 2. 00 00 00 3. Apportionable income from Entity # 3. 00 00 00 4. Apportionable income from Entity # 4. 00 00 00 5. Apportionable income from Entity # 5. 00 00 00 6. Apportionable income from Entity # 6. 00 00 00 7. Apportionable income from Entity # 7. 00 00 00 8. Apportionable income from Entity # 8. 00 00 00 9. Apportionable income from Entity # 9. 00 00 00 10. Apportionable income from Entity # 10. 00 00 00 11. Apportionable income from Entity # 11. 00 00 00 00 00 00 12. Apportionable income from Entity # 12. 13. Apportionable income from Entity # 13. 00 00 00 14. Apportionable income from Entity # 14. 00 00 00 15. Apportionable income from Entity # 15. 00 00 00 16. Apportionable income from Entity # 16. 00 00 00 17. Enter the totals of all additional entities from included Part IV(s), if any .............................................................17. 00 00 00 18. Total apportionable income from all entities (sum of lines 1 through 17 by column) ....................................................18. 00 00 00 Part V – Summary of Business and Nonbusiness Income (A) (B) (C) Ohio Portion Non-Ohio Portion Total 1. Total business income from Part IV, line 18 (enter in A, B and C respectively) .....................1. 00 00 00 2. Total nonbusiness income from Part I, line 28 00 00 00 (enter in A, B and C respectively) .....................2. 3. Total business and nonbusiness income (add lines 1 and 2, by column)..................................3. 00 00 00 4. Total Ohio Schedule A additions from Ohio IT 1040, line 2a (see Note #3 below) ....................4. 00 00 00 5. Total Ohio Schedule A deductions from Ohio IT 1040, line 2b (see Note #3 below) ................5. 00 00 00 6. Line 3 plus line 4 minus line 5, by column (see Notes #1 and #2 below)............................6. 00 00 00 Note 1: Enter the amount shown on line 6, column B on the Ohio Note 2: The amount shown on line 6, column C should be the same Schedule of Credits. The amount shown on line 6, column B is the amount shown on line 3 of Ohio IT 1040. portion of Ohio adjusted gross income (Ohio IT 1040, line 3) that was not earned in or received in Ohio. Note 3: Exclude from lines 4 and 5 the depreciation adjustment(s) and miscellaneous federal income tax adjustments, if any, reported in Part II of this worksheet. - 3 - |
IT NRC Rev. 10/16 10211411 Ohio IT NRC is solely for use in determining the numerator of the fraction used to calculate the nonresident tax credit available for individuals. See Ohio Revised Code (R.C.) sections 5747.05(A) and 5747.20 through 5747.231. Do not use this form to compute Ohio adjusted gross income. The Ohio apportionment ratio, which is the sum of the property, payroll form and instructions apply to nonresidents who have business and sales factors (refer to the Part III apportionment formula on and/or nonbusiness income within and without Ohio. Use Ohio IT page 2 of Ohio IT NRC). Note that the net business income con- NRC solely for determining the numerator of the fraction used to sists only of those items of income and deduction included in Ohio calculate the nonresident tax credit. If your only source of Ohio adjusted gross income (Ohio IT 1040, line 3). income is wages paid by an unrelated employer, you do not have to use this form. Nonbusiness income and deductions, if any, are allocable only as provided by R.C. sections 5747.20 and 5747.221. However, If your software program allows for a PDF attachment, the Ohio IT in general, all pass-through entity income and gain is business NRC should be included with the electronic submission as a PDF income, which, in accordance with R.C. section 5747.21, is ap- attachment. If your software does not allow for PDF attachments, portioned rather than allocated. keep the Ohio IT NRC with your records as it may be requested upon review of the return. If you are submitting a paper return, R.C. Sections 5747.22(B) and (C) Apportionment and Alloca- submit the Ohio IT NRC with the return. tion of Income and Deductions of Pass-Through Entities Important: This form assumes that the taxpayer has a distribu- Apportionment of Pass-Through Entity Business Income and tive share of income/gain from either a sole proprietorship or only Deductions for Purposes of the Nonresident Credit and the one pass-through entity. Taxpayers who have income/gain from a Part-Year Resident Credit sole proprietorship and/or more than one entity should complete With respect to a pass-through entity where one or more of the a separate Part II and Part III for each entity. nonresident or part-year resident investors are subject to the Ohio income tax, the business income and deductions of the pass- Note: All net income shown on page 1 of the federal 1040 return through entity shall be apportioned to Ohio in the hands of the must be shown on the Ohio IT NRC. pass-through entity according to the instructions for apportioning business income. Such business income and deductions thus ap- Pass-through entities and trusts should not use this form. portioned to Ohio are then allocated to the investors in proportion Instead, pass-through entities should use Ohio IT 2023 and to their right to share in such business income. trusts should complete Ohio IT 1041, Schedules F, G, H and I. Allocation of Pass-Through Entity Nonbusiness Income and Definitions Deductions for Purposes of the Nonresident Credit and the Part-Year Resident Credit Business Income and Nonbusiness Income With respect to a pass-through entity where one or more of the “Business income” means income, including gain or loss, arising nonresident or part-year resident investors are subject to the Ohio from transactions, activities and sources in the regular course of a income tax, the nonbusiness income and deductions of the pass- trade or business and includes income from real, tangible and in- through entity shall be allocated to the investors in proportion to tangible property if the acquisition, rental, management and dispo- their right to share in such nonbusiness income. Then such pass- sition of the property constitute integral parts of the regular course through entity shares of nonbusiness income shall be allocated of a trade or business operation. Also, “business income” consists within and without this state in the hands of the investors accord- of income, including gain or loss, from a partial or complete liqui- ing to the instructions, below, for allocating nonbusiness income dation of a business, including, but not limited to, gain or loss from by individuals. the sale or other disposition of goodwill. R.C. section 5747.01(B) In general, income, deductions, gains and losses recognized by a R.C. Sections 5747.23(A) and (B) sole proprietorship or a pass-through entity are items of business in- Taxation of Trust Income Received by Beneficiaries for come that the nonresident and part-year resident taxpayer must ap- Purposes of the Nonresident Credit portion (rather than allocate) using Part II on page 2 of Ohio IT NRC. Apportionment of Trust Business Income and Deductions With respect to each estate and each trust where one or more of “Nonbusiness income” means all income other than business in- the beneficiaries are subject to the Ohio income tax, the trust’s come and may include, but is not limited to, compensation, rents businessincome(netofdeductions)receivedbysuchbeneficiaries and royalties from real or tangible personal property, capital gains, shall be apportioned to Ohio in the hands of the trust according to interest, dividends, distributions, patent or copyright royalties, and the above instructions for apportioning business income by indi- lottery winnings, prizes and awards, R.C. section 5747.01(C). Show viduals. Such trust business income and deductions shall then be non-business income, if any, in Part I on page 1 of Ohio IT NRC. allocated to such beneficiaries in proportion to their right to share R.C. Sections 5747.20, .21 and .221 in the business income of such trust to the extent of the distribution Allocation of Nonbusiness Income or Deduction; madetosuchbeneficiary. Apportionment of Business Income or Deductions; Allocation of Trust Nonbusiness Income and Deductions for and Items and Deductions Not to Be Allocated or Purposes of the Nonresident Credit Apportioned for Purposes of the Nonresident Tax Credit With respect to each estate and each trust where one or more of The amount of business income and deductions apportioned to the nonresident or part-year resident beneficiaries are subject to Ohio is determined by multiplying the net business income by an the Ohio income tax, the trust’s nonbusiness income (net of de- - 1 - |
IT NRC Rev. 10/16 10211411 ductions)receivedbysuchbeneficiariesshallbeallocatedtosuch if as a result of that determination, the taxpayer owes more tax beneficiaries in proportion to their right to share in such income (and interest on the tax) the tax commissioner will not impose (net of deductions) of the trust. Then the share of nonbusiness any failure to pay penalty or interest penalty with respect to that incomeshallbeallocatedtoOhiointhehandsofsuchbeneficiary increased tax. pursuant to R.C. section 5747.20. The beneficiary is subject to Ohio income tax for the taxable year in which such beneficiary The following example illustrates the application of this require- recognizes income with respect to trust distributions. ment:AtaxpayerisaresidentofOhioforonlythelastfive months of the taxable year. During the entire taxable year the taxpayer Part-year Residents was an equity investor in a pass-through entity having no nexus For the portion of the taxable year that the taxpayer was not a withOhio.Thepass-throughentity’sbusinessoperationsresultin resident of Ohio, the taxpayer should allocate entirely outside a significant portion of the profit being earned during November Ohio the taxpayer’s non-Ohio wages paid either (i) by any unre- and December of each year.The individual’s distributive share of lated party or (ii) by a related party C corporation. For purposes profit from the pass-through entity was $12,000 for the taxable of this form, “non-Ohio wages” are those wages which the tax- year. payer earned and received for services performed outside Ohio while a nonresident. For ease of tax compliance, the taxpayer can compute the part- year credit by assuming that $7,000 of the taxpayer’s distributive For the portion of the taxable year that the taxpayer was not a share of income was earned during the seven-month period prior resident of Ohio, the taxpayer should also allocate entirely outside to the taxpayer becoming a resident of Ohio: 7/12 X $12,000. Ohio (i) items of nonbusiness income (defined below) not allocat- Upon examination of the taxpayer’s tax return, the tax commis- ed to Ohio and (ii) all items of income, gain, expenses and losses sionerascertainsthat$9,600ofthetaxpayer’s$12,000distributive if such items do not represent items of business income (defined share was earned on and after Aug. 1, the date on which the tax- at right) which are apportioned in and out of Ohio. payer became a resident of Ohio. As such, the tax commissioner may recompute and reduce the nonresident credit by allocating Examples of nonbusiness income amounts entirely allocated out- outside Ohio only $2,400 (recall that the pass-through entity has side Ohio for the portion of the year during which the taxpayer was a no nexus with Ohio). As a result, the taxpayer will owe additional nonresident include the following: interest income, dividend income, Ohio income tax and related interest, but the tax commissioner will and gains (losses) from the sale, exchange or other disposition of not impose any failure-to-pay penalty on that tax due or related assets not having an Ohio situs. Examples of nonbusiness income interest penalty. that the individual must entirely allocate to Ohio – even for the por- tion of the year during which the individual was not a resident of Nonbusiness Income (Part I, A) Ohio – include the following: (i) gain (loss) from the sale, exchange or other disposition of Ohio real estate and prizes and (ii) awards Generally, nonresidents must allocate to Ohio all items of nonbusi- that the individual receives from the Ohio Lottery Commission. ness income earned in Ohio. Part-year residents must allocate to Ohio all items of nonbusiness income earned in Ohio and all items Examples of business income amounts that a part-year resident of nonbusiness income received while a resident of Ohio. Gambling must apportion in and out of the state – even for the portion of income received in Ohio and any lottery prizes and or awards paid the year during which the individual was not a resident of Ohio by the Ohio State Lottery Commission must be allocated to Ohio. – include the following: (i) wages and guaranteed payments that the taxpayer receives from a related member pass-through entity Line 1 having nexus with Ohio (see Ohio IT NRC, page 2, Part II, section All items of compensation paid for services performed in Ohio A, line 4); (ii) distributive shares of income from each pass-through must be allocated to Ohio. All items of compensation received entityhavingnexuswithOhio;and(iii)theprofitfromasolepropri- while a resident of Ohio must be allocated to Ohio. etorship having nexus with Ohio. Compensation earned while a resident of Ohio but not received Pro-rating Amounts Recognized by a Part-Year Resident until the individual is a nonresident must still be allocated to Ohio. Part-year nonresidents and full-year nonresidents use the same Compensation includes wages, salaries, tips, incentive pay, sever- methods to apportion and allocate within and without Ohio the ance pay, bonus pay, and may include all or a portion of income following: (i) those items of nonbusiness income, gain, expenses related to the exercise of stock options received on account of and losses sitused to Ohio; and (ii) those items of business in- employment in Ohio. See the note on page 1 of the form regarding come, gain, expenses and losses from pass-through entities hav- compensation paid by pass-through entities to certain sharehold- ing nexus with Ohio (with respect to items not described above, ers who have at least a 20% direct or indirect ownership interest. the taxpayer should apportion/allocate entirely outside Ohio those amounts recognized or incurred during the year or during the por- Line 5 tion of the year that the taxpayer was a nonresident). Income from alimony payments is allocated based on the residen- cy of the recipient, not the residency of the payor. Allocate to Ohio For ease of administration, part-year resident taxpayers invest- any alimony payments received while a resident of Ohio. ing in pass-through entities having no nexus with Ohio can, for the portion of the taxable year during which the individual was Deductions from Nonbusiness Income (Part I, B) not an Ohio resident, apportion/allocate outside Ohio such items by using a daily or monthly pro-rata factor. If the tax commis- Generally, deductions are allocated based on residency at the time sioner examines the tax return and determines that an “actual, the expense was paid. Allocate to Ohio any expenses that were year-to-date” method more accurately reflects the tax due and, paid while a resident of Ohio. - 2 - |
IT NRC Rev. 10/16 10211411 Line 16 Also include guaranteed payments and/or compensation paid to Part-year residents who moved from Ohio to another state must you by the entity only if it is a pass-through entity (S corporation, allocate all moving expenses to non-Ohio. Part-year residents who partnership, limited liability company treated as a partnership for moved to Ohio from another state must allocate all moving ex- income tax purposes, etc.) in which you have at least a 20% di- penses to Ohio. rect or indirect ownership interest. I.R.C. section 318 attribution rules do not apply. Reciprocity agreements do not apply. If the net Line 21 amount attributable to this entity is negative, show it as negative Deductions of alimony payments are allocated based on the resi- here. dency of the payor, not the recipient. Allocate to Ohio any alimony payments made while a resident of Ohio. If your net Schedule E amount from this entity includes guaranteed payments and you do not have at least a 20% direct or indirect Business Income (Part II) ownership interest, those payments must be deducted from the amount entered on this line and must be allocated on line 1 of Part You must complete a separate Part II and Part III for each entity/ I, section A. business from which you receive business income. Assign a num- ber to each entity and use that same number when reporting the Line 5 – Schedule F, Profit or Loss From Farming income from that entity in Part IV. List the entities from largest to Enter on this line the net farming income from the entity entered at smallest income. the top of the page that is included in the amount reported on your federal 1040, line 18. If the net amount attributable to this entity is Business Income in Federal Adjusted negative, show it as negative here. Gross Income (Part II, A) Important: Include on all lines only those items of business in- Line 6 – Other Business Income Enter on this line any items of business income or loss from the come from the entity entered at the top of the page that are in- entity entered at the top of the page that are included in your cluded in the calculation of federal adjusted gross income. For federal adjusted gross income but were not entered on lines 1 example, losses that must be carried forward to future years due through 5. to federal rules should not be included on this worksheet for the current year. A taxpayer cannot simply list amounts on these fed- Apportionable Adjustments from Ohio eral schedules. Schedule A (Part II, B) Line 1 – Schedule B, Interest and Ordinary Dividends Line 8 – Apportionable Ohio Schedule A Additions Enter on this line only taxable interest and ordinary dividends re- Enter on this line the portion of the Ohio Schedule A, line 8 depre- ported on federal Schedule B that qualify as business income. ciation adjustments that are attributable to the entity entered at the Generally, interest and dividend income can only qualify as busi- top of the page. Also include any miscellaneous federal income ness income if it is generated from the regular course of trade or tax additions attributable to the entity that are included on Ohio business (i.e., the primary business purpose is investing) or if it is Schedule A, line 10. generated from working capital and reinvested into the business. Line 9 – Apportionable Ohio Schedule A Deductions Line 2 – Schedule C, Profit or Loss from Business Enter on this line the portion of the Ohio Schedule A, line 19 depre- Enter on this line the portion of line 12 on your federal 1040 that is ciation adjustments that are attributable to the entity entered at the attributable to the entity entered at the top of the page. If the net top of the page. Also include any miscellaneous federal income amount of Schedule C income from this entity is negative, show it tax deductions attributable to the entity that are included on Ohio as negative here. Schedule A, line 23. Amounts on this line should be entered as a positive number. Line 3 – Schedule D, Capital Gains and Losses Enter on this line only capital gains or losses reported on federal Net Business Income, Apportionment (Part II, C) Schedule D that qualify as business income. Gains or losses reported on this line must be those that are generated in the ordinary course of Line 11 – Net Apportionable Income business, from assets integral to the taxpayer’s business operation, The amount entered on this line is the net apportionable portion or from working capital and reinvested into the business. Gains or of Ohio adjusted gross income that is attributable to the entity en- losses, from a partial or complete liquidation of a business, including, tered at the top of the page. This amount should also be entered but not limited to, gain or loss from the sale or other disposition of on Part IV, column C on the corresponding line for this entity. goodwill should also be included on this line. If the net amount attrib- utable to this entity is negative, show it as negative here. Line 12 – Gain or Loss Described in R.C. 5747.212 Each nonresident taxpayer who sells, exchanges or otherwise Example: A farmer sells a tractor used in his wheat farming opera- disposes of his/her direct or indirect interest in a closely held tion that generates a capital gain. The wheat cannot be harvested business having nexus with Ohio must situs to Ohio a portion without use of the tractor. Since the tractor was integral to the tax- of the gain (loss) recognized from that sale, exchange or oth- payer’s business operations, the capital gain can be reported on er disposition. These amounts are apportioned differently than this line. other business income so any such amounts included in Part II, Section A must be entered here and removed from the entity’s Line 4 – Schedule E, Supplemental Income and Loss apportionable business income. For additional information, see Enter on this line your net business income or loss from the entity R.C. section 5747.212. entered at the top of the page reported on federal Schedule E. - 3 - |
IT NRC Rev. 10/16 10211411 Line 17 – Net Income Apportioned to Ohio Construction in progress. The amount entered on this line is the net portion of Ohio adjusted gross income earned in Ohio that is attributable to the entity en- Property relating to, or used in connection with, the production tered at the top of the page. This amount should also be entered of nonbusiness income. See R.C. section 5733.05(B) (2) as on Part IV, column A on the corresponding line for this entity. amended by Amended Substitute House Bill 95, 125th General Assembly. Line 18 – Net Income Not Apportioned to Ohio The amount entered on this line is the net portion of Ohio adjusted The numerator and the denominator of the property factor includes gross income not earned in Ohio that is attributable to the entity real property and tangible personal property that the sole propri- entered at the top of the page. This amount should also be entered etor or pass-through entity rents, subrents, leases or subleases to on Part IV, column B on the corresponding line for this entity. others if the income or loss from such rentals, subrentals, leases or subleases is business income. See R.C. section 5733.05(B) Ohio Apportionment Formula for this Entity (Part III) (2)(a) as amended by Amended Substitute House Bill 95, 125th General Assembly. Property owned by the sole proprietor or pass- Note: When calculating the fraction used to compute the nonresi- through entity and leased to others is excluded from the property dent credit, a taxpayer who has invested in a partnership, an S factor only if the property generates nonbusiness income. corporation or a limited liability company treated as a partnership for federal income tax purposes must apply the “aggregate” (con- The original cost of property within Ohio with respect to the duit) theory of taxation. That is, the character of all income and air pollution, noise pollution or industrial water pollution con- deductions (and adjustments to income and deductions) realized trol certificates issued by the state of Ohio. See R.C. section by a pass-through entity in which the taxpayer has invested retains 5733.05(B)(2)(a). that character when recognized by the taxpayer. Furthermore, the taxpayer’s factors must include the proportionate share of each The original cost of real property and tangible property (or in the lower-tieredpass-throughentity’sproperty,payrollandsales.See case of property that the sole proprietor or pass-through entity R.C. sections 5733.057 and 5747.231. is renting from others, eight times its net annual rental rate) within Ohio that is used exclusively during the taxable year for Each factor is weighted: The property and payroll factors are qualifiedresearch. weighted at 20% each and the sales factor at 60%, for a total of 100%.Ifanyfactorhasadenominator(totaleverywherefigure) of Do not include in column 1 but do include in column 2 the origi- zero, the weight given to the other factors must be proportionately nal cost of qualifying improvements to land or tangible personal increased so that the total weight given to the combined factors is property in an enterprise zone for which the taxpayer holds a Tax 100%. For example: If the business entity has no payroll every- IncentiveQualificationCertificateissuedbytheOhioDevelopment where, then the property and sales factors are weighted at 25% Services Agency. and 75%, respectively, to total 100%. Line 1(a), Column 1 – Property Owned Within Ohio Property Factor Enter the average value of the sole proprietor’s or pass-through The property factor is a fraction the numerator of which is the aver- entity’s real property and tangible personal property, including age value of the sole proprietor’s or pass-through entity’s includ- leasehold improvements, owned and used in the trade or business able real and tangible personal property owned or rented, and in Ohio during the taxable year. used in the trade or business in this state during the taxable year, Line 1(a), Column 2 – Property Owned – Total Everywhere and the denominator of which is the average value of all the sole Entertheaveragevalueofallthesoleproprietor’sorpass-through proprietor’s or pass-through entity’s includable real and tangible entity’s real property and tangible personal property, including personal property owned or rented, and used in the trade or busi- leasehold improvements, owned and used in the trade or business ness everywhere during such year. everywhere during the taxable year. Ohio law includes in the property factor real property and tangible Line 1(b) – Property Rented personal property that the sole proprietor or pass-through entity rents, Enterthevalueofthesoleproprietor’sorpass-throughentity’sreal subrents, leases or subleases to others if the income or loss from property and tangible personal property rented and used in the such rentals, subrentals, leases or subleases is business income. trade or business in Ohio (column 1) and everywhere (column 2) Ohiolawspecificallyexcludesfromthefactorallpropertyrelatingto, during the taxable year. Property rented by the sole proprietor or or used in connection with, the production of nonbusiness income pass-through entity is valued at eight times the annual rental rate allocated under R.C. section 5733.051. Generally, all sole proprietor- (annual rental expense less subrental receipts). ship and pass-through entity income and gain is business income. Line 1(c) – Property Total Within Ohio and Everywhere Property owned by the sole proprietor or pass-through entity is val- Add lines 1(a) and 1(b) for column 1 (within Ohio) and column 2 ued at its original cost average value. Average value is determined (total everywhere). by adding the cost values at the beginning and at the end of the taxable year and dividing the total by two. The tax commissioner Line 1(c), Column 3 – Property Ratio may require the use of monthly values during the taxable year if Enter the ratio of property within Ohio to total everywhere by divid- suchvaluesmorereasonablyreflecttheaveragevalueofthesole ing column 1 by column 2. proprietor’sorpass-throughentity’sproperty. Line 1(c), Column 5 – Weighted Property Ratio Exclusions Multiply the property ratio on line 1(c), column 3 by the property Exclude from column 1 (within Ohio) and column 2 (total every- factor weighting of 20%. where) the following: - 4 - |
IT NRC Rev. 10/16 10211411 Payroll Factor Line 2, Column 2 – Payroll Total Everywhere The payroll factor is a fraction, the numerator of which is the total Enterthetotalamountofthesoleproprietor’sorpass-throughen- compensation paid in this state during the taxable year by the sole tity’scompensationpaideverywhereduringthetaxableyear. proprietor or pass-through entity, and the denominator of which is the total compensation paid both within and without this state dur- Line 2, Column 3 – Payroll Ratio ing the taxable year by the sole proprietor or pass-through entity. Enter the ratio of payroll within Ohio to total everywhere by dividing As used below, the term “compensation” means any form of remu- column 1 by column 2. neration paid to an employee for personal services. Line 2, Column 5 – Weighted Payroll Ratio Exclusions Multiply the property ratio on line 2, column 3 by the payroll factor Exclude from column 1 (within Ohio) and column 2 (total every- weighting of 20%. where) the following: Sales Factor Guaranteed payments made to partners; The sales factor is a fraction whose numerator is the sole pro- prietor’s or pass-through entity’s includable business income re- Compensation that the S corporation paid to any shareholder ceipts in Ohio during the taxable year and whose denominator if the shareholder directly or indirectly owned at least 20% of is the sum of the sole proprietor’s or pass-through entity’s within the S corporation at any time during the year. R.C. section Ohio and without Ohio includable business income receipts during 5733.40(A) (7); the taxable year. Compensation paid in Ohio to employees who are primarily en- The sales factor specifically excludes receipts attributable to gagedinqualifiedresearch; AND nonbusiness income allocable under R.C. section 5733.051 (see R.C. section 5733.05(B)(2) and the tax commissioner’sApril Compensation paid to employees to the extent that the com- 2004 information release entitled “Sales Factor Situsing Revi- pensation relates to the production of nonbusiness income allo- sions”). cable under R.C section 5733.051 (see R.C. section 5733.05(B) (2)). Exclusions The following receipts are not includable in either the numerator or Do not include in column 1 but do include in column 2 compensa- the denominator of the sales factor even if the receipts arise from tion paid in Ohio to certain specified new employees at an urban transactions, activities and sources in the regular course of a trade job and enterprise zone facility for which the pass-through entity or business (see R.C. section 5733.05(B)(2)(c) as amended by hasreceivedaTaxIncentiveQualificationCertificateissuedbythe Substitute House Bill 127, 125th General Assembly): Ohio Development Services Agency. Interest or similar amounts received for the use of, or for the Line 2, Column 1 – Payroll Within Ohio forbearance of the use of, money; Enterthetotalamountofthesoleproprietor’sorpass-throughen- tity’scompensationpaidinOhioduringthetaxableyear.Compen- Dividends; sation is paid in Ohio if any of the following apply: Receipts and any related gains or losses from the sale or other Therecipient’sserviceisperformedentirelywithinOhio;OR disposal of intangible property other than trademarks, trade names, patents, copyrights and similar intellectual property; The recipient’s service is performed both within and outside Ohio, but the service performed outside Ohio is incidental to Receipts and any related gains and losses from the sale or therecipient’sservicewithinOhio;OR other disposal of tangible personal property or real property where that property is a capital asset or an asset described in Some of the recipient’s service is performed within Ohio and I.R.C. 1231. For purposes of this provision the determination either the recipient’s base of operations, or if there is no base of whether or not an asset is a capital asset or a 1231 asset of operations, the place from which the recipient’s service is is made without regard to the holding period specified in the directed or controlled is within Ohio, or the base of operations I.R.C.; AND or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, Receipts from sales to (a) an at-least-80%-owned public util- buttherecipient’sresidenceisinOhio. ity other than an electric company, combined electric company, or telephone company, (b) an at-least-80%-owned insurance Compensation is paid in Ohio to any employee of a common or company,or(c)anat-least-25%-ownednancialinstitution. contract motor carrier corporation who performs his regularly as- signed duties on a motor vehicle in more than one state in the Note: Income and gain from receipts excluded from the sales fac- same ratio by which the mileage traveled by such employee within tor is not presumed to be nonbusiness income. All income, gain, Ohio bears to the total mileage traveled by such employee ev- loss and expense is presumed to be apportionable business in- erywhere during the taxable year. The statutorily required mileage come – even if the related receipts are excluded from the sales ratio applies only to contract or common carriers. Thus, without ap- factor. proval by the tax commissioner a manufacturer or merchant who operates its own fleet of delivery trucks cannot use the ratio of The law specifically includes in the sales factor the following miles traveled in Ohio to miles traveled everywhere to situs driver amounts when arising from transactions, activities and sources in payroll. See Cooper Tire and Rubber Co. v. Limbach (1994), 70 the regular course of a trade or business: (i) receipts from sales of Ohio St. 3d 347. tangible personal property; (ii) receipts from the sale of real prop- - 5 - |
IT NRC Rev. 10/16 10211411 erty inventory (such as lots developed and sold by a real estate provisionsaresitusabletoOhioinproportiontothepurchaser’s developer); (iii) rents and royalties from tangible personal prop- benefit, with respect to the sale, in Ohio to the purchaser’s erty; (iv) rents and royalties from real property; (v) receipts from benefit,withrespecttothesale,everywhere.Thephysicalloca- the sale, exchange, disposition or other grant of the right to use tionwherethepurchaserultimatelyusesorreceivesthebenefit trademarks, trade names, patents, copyrights and similar intel- of what was purchased is paramount in determining the propor- lectual property; (vi) receipt from the sale of services and other tionofthebenefitinOhiotothebenefiteverywhere. Note: For receipts not expressly excluded from the factor. These amounts taxable years ending on or after Dec. 11, 2003, the “cost of are situsable to Ohio as set forth below. performance” provision is no longer the law. Line 3, Column 1 – Sales Within Ohio Line 3, Column 2 – Sales Everywhere Enter the total of gross receipts from sales not excludable from the Enter the total of such includable gross receipts, less returns and numerator and the denominator of the sales factor, to the extent allowances, from sales everywhere. theincludablegrossreceiptsreflectbusinessdoneinOhio.Sales within Ohio include the following: Line 3, Column 3 – Sales Ratio Enter the ratio of sales within Ohio to total everywhere by dividing Receipts from sales of tangible personal property, less returns column 1 by column 2. and allowances, received by the purchaser in Ohio. In the case of delivery of tangible personal property by common carrier or by Line 3, Column 5 – Weighted Sales Ratio other means of transportation, the place at which such property Multiply the sales ratio on line 3, column 3 by the sales factor is ultimately received after all transportation has been completed weighting of 60%. is considered as the place at which such property is received by Line 4, Column 5 – Total Weighted Apportionment Ratio the purchaser. Direct delivery in Ohio, other than for purposes Add column (5), lines 1(c), 2 and 3. of transportation, toa person orfirm designated by a purchaser constitutes delivery to the purchaser in Ohio, and direct delivery Summary of Business Income From All Entities (Part IV) outsideOhiotoapersonorfirm designatedbyapurchaserdoes not constitute delivery to the purchaser in Ohio, regardless of Separately list the business income from each entity for which you where title passes or other conditions of sale. completed a page 2 of the Ohio IT NRC. Space for up to 16 entities is provided. List the entities in the same order that you assigned Customer pick-up sales are situsable to thefinal destination af- them in the header of Part II. If you have more than 16 entities, ter all transportation (including customer transportation) has been include additional Part IV(s) as needed. Total the amounts from completed. See Dupps Co. v. Lindley (1980), 62 Ohio St. 2d 305. alladditionalentitiesonline17ofthefirstPartIVyoucomplete. Revenue from servicing, processing or modifying tangible person- Summary of Business and Nonbusiness Income (Part V) al property is sitused to the destination state as a sale of tangible personal property. See Custom Deco, Inc. v. Limbach, BTA Case Line 4 and 5 – Ohio Schedule A Additions and Deductions No. 86-C-1024, June 2, 1989. Exclude from these lines any Ohio Schedule A depreciation adjust- ments or miscellaneous federal income tax adjustments that were Receipts from sales of real property inventory in Ohio. reported in Part II, section B. Rents and royalties from tangible personal property to the ex- Allocation of the Business Income Deduction tent the property was used in Ohio. Taxpayers who have a business income deduction from Ohio Schedule A included in the amount entered on line 5 should al- Rents and royalties from real property located in Ohio. locate that deduction first against the Ohio portion of business in- Receipts from the sale, exchange, disposition or other grant of come on line 1, then any remaining portion of the deduction should the right to use trademarks, trade names, patents, copyrights be allocated against the non-Ohio portion. The business income and similar intellectual property are sitused to Ohio to the ex- deduction cannot be allocated against Ohio nonbusiness income. tent that the receipts are based on the amount of use of that Example: The taxpayer has $100,000 of total business income property in Ohio. If the receipts are not based on the amount of on Part V, line 1, column C that has been apportioned $50,000 to use of that property, but rather on the right to use the property Ohio(columnA)and$50,000tonon-Ohio(columnB).Thetaxpay- and the payor has the right to use the property in Ohio, then the erhasa$75,000businessincomedeductionfromOhioSchedule receipts from the sale, exchange, disposition or other grant of A that is reported on Part V, line 4, column C. The taxpayer should the right to use such property are sitused to Ohio to the extent allocate$50,000ofthedeductiontoOhio(columnA)andallocate the receipts are based on the right to use the property in Ohio. theremaining$25,000tonon-Ohio.ThisisregardlessofanyOhio Receipts from the performance of services and receipts from nonbusiness income the taxpayer may have reported on line 2, any other sales not excluded from the sales factor and not oth- column A. erwise sitused within or without Ohio under the above situsing - 6 - |
IT NRC Rev. 10/16 10211411 Summary of Ohio Tax Treatment of Income and Deductions Note: Except for lottery prizes and awards, all income and gain is presumed to be business income/gain. Type of Income and Deductions Ohio Tax Treatment 1. Guaranteed payments and com- Allocate to Ohio to the extent earned in Ohio. However, if the individual directly or indirectly pensation paid to an individual for owns at least 20% of the business, the individual must show the guaranteed payments and services performed compensation on Part II, A, line 4. 2. Gains or losses from the sale or Apportion if gain constitutes business income; otherwise, allocate to Ohio if the property is transfer of real property physically located in Ohio. 3. Gains or losses from the sale or Apportion if gain constitutes business income. Nonbusiness gains and losses are allocated to transfer of tangible personal prop- Ohio if the property is physically located in Ohio. erty 4. Gains or losses from the sale or Apportion if gain or loss constitutes business income. If the gain or loss is from the sale, ex- transfer of intangible personal change or other disposition of a closely held business, special apportionment provisions apply. property See R.C. section 5747.212. All other nonbusiness gains and losses are allocated to Ohio if the nonresident was domiciled in Ohio at the time of sale or transfer. 5. Rents or royalties from real prop- Apportion if gain constitutes business income; otherwise allocate to Ohio if the property is erty physically located in Ohio. 6. Rents or royalties from tangible Apportion if the rents or royalties constitute business income; otherwise, allocate to Ohio to the personal property extent the property is used in Ohio. Extent the property is used in Ohio = Number of days of physical location of property in Ohio during rental or royalty periods in the taxable year Number of days of physical location of property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascer- tainable by the nonresident, and if the rents and royalties do not constitute business income, tangible personal property is used in the state in which the property was located at the time the rental or royalty payor obtained possession. 7. Patent and copyright royalties Apportion if the rents or royalties constitute business income; otherwise, allocate to Ohio to the extent used by the payor in Ohio. • A patent is used in Ohio to the extent it is employed in production, fabrication, manufacturing or other processing in Ohio or to the extent that a patented product is produced in Ohio. If thebasisofreceiptsoraccountingproceduresdonotreflectthis,thenthepatentisusedin Ohio if the business has its commercial domicile in Ohio. • A copyright is used in Ohio to the extent that printing or other publication originates in Ohio. If the basis of receipts or accounting procedures do not reflect this, then the copyright is used in Ohio if the business had its commercial domicile in Ohio. 8. Lottery prize awards Allocate to Ohio if the award was paid by the Ohio State Lottery Commission. 9. Depreciation expense add-back/ If the depreciation relates to nonbusiness property, the 1/2, 5/6 or 6/6 add-back and correspond- deduction ing 1/2, 1/5 or 1/6 deductions are allocated as items of nonbusiness income and deductions using the Part I nonbusiness income worksheet. Otherwise, these depreciation adjustments are apportioned as items of business income and deduction using the Part II business income worksheet. Federal Privacy Act Notice Because we require you to provide us with a Social Security number, the Federal Privacy Act of 1974 requires us to inform you that providing us with your Social Security number is mandatory. Ohio Revised Code sections 5703.05, 5703.057 and 5747.08 authorize us to request this information. We need your Social Security number in order to administer this tax. - 7 - |