Enlarge image | 2023 Form 1CNP Instructions A partnership, including a limited liability company (LLC) classified as a partnership for federal income tax purposes, having two or more qualifying nonresident partners, uses Form 1CNP to report and pay the Wisconsin income tax owed by those partners. In order to file Form 1CNP, the partnership and partners must agree to the rules prescribed by the Wisconsin Department of Revenue set forth in these instructions. The composite return replaces the separate Wisconsin income tax return, Form 1NPR, that otherwise would be filed by each of the qualifying and participating nonresident partners. Note: Filing the Form 1CNP does not relieve the entity from filing tax returns; the entity is still required to file Wisconsin income or franchise tax returns. Table of Contents General Instructions for Form 1CNP .........................................................................................1 Who May Participate in Composite Return ........................................................................................... 1 Who May Not Participate in Composite Return .................................................................................... 1 What Income Is Reportable on Form 1CNP ......................................................................................... 2 When to File ......................................................................................................................................... 2 Filing Method ....................................................................................................................................... 2 Internal Revenue Service Adjustments and Amended Returns ............................................................ 3 Refunds, Assessments, and Correspondence ...................................................................................... 4 Additional Information and Forms ......................................................................................................... 4 Wisconsin Taxation of Partnership Income for Nonresidents ................................................4 Nonresident Individual Filing Requirements ......................................................................................... 4 Partner’s Share of Income Taxable to Wisconsin ................................................................................. 4 Withholding Requirement for Partnerships Having Nonresident Partners ............................... 5 Specific Instructions for Form 1CNP ........................................................................................5 Line-by-Line Instructions ...................................................................................................................... 5 Schedule 2 Instructions ........................................................................................................................ 5 Schedule 1 Instructions ........................................................................................................................ 7 Instructions for Third Party Designee, Signatures, Payment, and Supplemental Schedules ... 8 Tax Computation Worksheet for Form 1CNP ...........................................................................9 General Instructions for Form 1CNP Who May Participate in Composite Return Who May Not Participate in Composite Return A partnership that derives income from business A partnership cannot file Form 1CNP on behalf of transacted, services performed, or property its nonresident partners in a taxable year that the located in Wisconsin may file Form 1CNP on partnership makes an election to pay tax at the behalf of its nonresident partners who derive no entity level under sec. 71.21(6)(a), Wis. Stats. taxable income or deductible loss from Wisconsin other than their distributive shares of the A partner cannot participate in this composite Wisconsin partnership income or loss. return in any of the following cases: • The partner is an entity and not an individual. IP-131 (R. 3-24) 1 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions However, if the partner is an LLC treated as a When to File disregarded entity or a grantor trust that is not required to file Form 1041 for federal income Form 1CNP is due April 15, 2024. A late filing fee tax purposes, the single member of the LLC of $50 will be charged for returns not filed timely; or grantor of the grantor trust is deemed to be however, the following extensions of time to file the partner for purposes of the Form 1CNP are available: eligibility requirements. • Any extension allowed by the Internal • The partner files their individual income tax Revenue Service for filing the partnership’s return on a fiscal year basis. federal return automatically extends the due date of Form 1CNP to the same extended due • The partner is a Wisconsin resident during date, provided a copy of the federal extension any part of 2023. is filed with Form 1CNP. • The partner derives taxable income from • The partnership may receive an extension of Wisconsin in 2023 other than their distributive time to file Form 1CNP by filing a statement share of partnership income or loss from one with Form 1CNP which includes the following partnership. information: The federal extension provision • The partner wishes to claim any tax credit or being used and the name, address, and amounts deductible as itemized deductions. signature of each partner covered by the extension. • The partner is required to file Wisconsin Schedule RT, Wisconsin Related Entity • Disaster Relief Extension. If you are filing Expenses Disclosure Statement, to report under extension because of a federal or state interest expenses, rental expenses, disaster, include a statement indicating which management fees, and intangible expenses disaster extension you are using and include that result from related party transactions with your return. between the partner and partnership. • Extensions to file allowed by the Internal • The partner has already filed or plans to file a Revenue Service to individual partners will 2023 Form 1NPR, Nonresident and Part-Year also give Wisconsin extensions to those Resident Wisconsin Income Tax. particular partners, provided a copy of the federal extension is filed with Form 1CNP. • The partner filed Form PW-2 and has been Other partners who don’t have an extension approved by the department to be exempt may be subject to late filing fees and from pass-through withholding for the delinquent interest if Form 1CNP is filed after partnership's taxable year. April 15, 2024. A separate $50 late filing fee may be imposed on each partner who doesn’t Partners who are full-year Wisconsin residents have an extension. must file Wisconsin Form 1. Part-year resident partners and nonresident partners who may not Filing Method participate in Form 1CNP must file Wisconsin Form 1NPR to report their own income. Partnerships are required to file Form 1CNP returns electronically and may file electronically through the What Income Is Reportable on Form 1CNP Federal/State E-Filing Program or My Tax Account, the department's free electronic filing application. Report each qualifying and participating partner’s distributive share of partnership income or loss If the requirement to file electronically causes an for the partnership’s taxable year ending between undue hardship, a taxpayer may request an January 1, 2023, and December 31, 2023, on a electronic filing waiver by filing Form EFT-102, 2023 Form 1CNP. (Note: For a partnership on a Electronic Filing or Electronic Payment Waiver 52-53 week taxable year, the taxable year is Request. If the waiver is approved, mail your return considered to end on the last day of the month to: Wisconsin Department of Revenue, PO Box closest to the end of the period.) 8965, Madison WI 53708-8965. 2 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions Internal Revenue Service Adjustments and To amend Form 1CNP, file another Form 1CNP and Amended Returns check the line at the top of the form indicating that it is an amended return. Include with the amended Wisconsin law requires the following information to return a copy of the final federal audit report if the be provided to the department: amended return is being filed as a result of a federal audit. Otherwise, include Schedule AR in order to • Adjustments made to a partner’s federal tax explain the changes made and the reasons for the return by the Internal Revenue Service (IRS) changes. that affect the Wisconsin net tax payable, a Wisconsin net operating loss carryforward, or Note: If the partnership's federal audit adjustment(s) a Wisconsin capital loss carryforward must be was assessed at the entity level, and the department reported within 180 days after they become approves the partnership's request to amend the final. partnership returns and pay tax on behalf of the • Changes made on a partner’s amended partners as provided under sec. 71.76(2)(b), Wis. return filed with the IRS that affect the Stats., the partnership should not file an amended Wisconsin net tax payable, a Wisconsin net Form 1CNP. The partnership must file an amended operating loss carryforward, or a Wisconsin Form 3 for each reviewed year, as defined under capital loss carryforward must be reported on section 6225 of the Internal Revenue Code, to report an amended Wisconsin return within 180 days any partnership adjustments and pay tax on behalf after filing the amended federal return. of the partners. Exception: If the partnership's federal audit When partner must report this information. The adjustment(s) was assessed at the entity level, partner must file an amended Form 1NPR to report the partnership may request within 60 days after federal adjustments or amendments to the the final determination by the IRS to amend the partner’s federal return that affect Wisconsin partnership returns and pay tax on behalf of the items of income, loss, or credit other than the partners as provided under sec. 71.76(2)(b), Wis. partnership income or loss reported on Form Stats. 1CNP, or if the partnership's federal audit adjustment(s) was assessed at the entity level, and • If the department approves the request, the the department approves the partnership's request partnership must amend the Wisconsin to amend the partnership returns and pay tax on partnership returns for each reviewed year, behalf of the partners as provided under sec. as defined under section 6225 of the Internal 71.76(2)(b), Wis. Stats., report pass-through items Revenue Code, to report such changes within not reported on Form 3. 180 days from the date the department approves the request. To amend Form 1NPR, file a Form 1NPR and • If the department denies the request, the check the designated line indicating that it is an partnership and its pass-through members amended return. Include any partnership income must file amended Wisconsin returns for each or loss previously reported on Form 1CNP. reviewed year, as defined under section 6225 Include with the amended return a copy of the of the Internal Revenue Code, to report such final federal audit report if the amended return is changes within 180 days from the date the being filed as a result of a federal audit. department denies the request. Otherwise, include Schedule AR in order to explain the changes made and the reasons for Either the partnership or the partner must report the changes. If claiming credit for taxes this information as follows: previously paid on your behalf on Form 1CNP, include a statement indicating the partnership’s When partnership must report this information. name and federal employer identification number The partnership must file an amended Form and amount of tax paid. 1CNP to report federal adjustments or amendments to a partner’s federal return that affect the amount of the partner’s income or tax reported on the partnership’s original Form 1CNP. 3 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions Refunds, Assessments, and Correspondence Additional Information and Forms By filing Form 1CNP, the signing partner declares If you need help with the composite return, you that the partnership has a Power of Attorney or may: other written authorization from each qualifying • E-mail your question to: and participating partner to file a composite DORAuditPassThrough@wisconsin.gov return. The department may mail refund checks, assessments, and all correspondence to the • Send a FAX to (608) 267-1030 partnership at the address indicated on Form • Call (608) 266-2772 (Telephone help is also 1CNP. available using TTY equipment. Call the If an issue cannot be resolved between the Wisconsin Telecommunications Relay partnership and the department, the partnership System at 711 or, if no answer, (800) 947- must agree to be responsible for the payment of 3529. These numbers are to be used only any additional tax due, interest, and penalties, as when calling with TTY equipment.) finally determined. The department may contact Forms or publications are available on the the individual partners. department’s website at revenue.wi.gov. Wisconsin Taxation of Partnership Income for Nonresidents Nonresident Individual Filing Requirements income is taxable whether or not the individual partner conducts business in Wisconsin. However, partnership Nonresidents of Wisconsin having $2,000 or income derived from personal services, including more of Wisconsin gross income during 2023 professional services, is taxable to a nonresident must file a Wisconsin income tax return. A non- partner only if that nonresident partner personally resident who is married has a Wisconsin filing performs services in Wisconsin. The amount of requirement if the combined Wisconsin gross personal service income attributable to the nonresident income of both spouses is $2,000 or more. partner’s services performed in Wisconsin is taxable. Gross income means all income (before Two nonresident individuals are Example 1. deducting expenses) reportable to Wisconsin partners of a partnership that does business only which is received in the form of money, property, in Wisconsin. Both nonresidents are taxed on or services. Gross income includes a distributive their entire share of the partnership income for share of partnership gross income (before Wisconsin income tax purposes. deducting expenses) as reported on Wisconsin Schedule 3K-1, line 24, column e. Two nonresident individuals and one Example 2. Wisconsin resident are equal partners in a If gross income (or the combined gross income of partnership that does business in Wisconsin and spouses) is less than $2,000, a Wisconsin Illinois. The partnership derives 40% of its income income tax return is not required. However, if the from business activities in Wisconsin and 60% partner has tax withheld by the partnership on from business activities in Illinois. The Wisconsin their behalf, the partner should file a Wisconsin resident partner operates the Wisconsin income tax return (either Form 1CNP or Form business. The nonresident partners operate the 1NPR) to obtain a refund of the amount withheld. Illinois business. Each nonresident partner is taxed on one-third of the 40% of the partnership Partner’s Share of Income Taxable to Wisconsin income attributable to business activities in Wisconsin. A nonresident partner’s portion of the partnership’s income attributable to a business located in Wisconsin, services performed in Wisconsin, or real or tangible personal property located in Wisconsin is taxable by Wisconsin. Business 4 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions Example 3. A nonresident is a limited partner, from a partner explaining why the partner is with a 1% interest in partnership profits, of a exempt from Wisconsin tax. partnership that derives income from real estate • The partner’s share of income from the located in Wisconsin and in other states. The partnership attributable to Wisconsin is less nonresident limited partner is taxed on 1% of the than partnership income attributable to the real estate $1,000. located in Wisconsin. • The partner completes Form PW-2, Wisconsin Example 4. A nonresident is a partner, with a Nonresident Partner, Member, Shareholder, 10% interest in partnership profits, of a certified or Beneficiary Pass-Through Withholding public accounting firm that operates in and out- Exemption Affidavit, receives approval from side Wisconsin. One-fourth of the partnership’s the department, and provides a copy of the income is attributable to professional services withholding exemption letter to the partnership. performed in Wisconsin and three-fourths is See Form PW-2 instructions for details. attributable to professional services performed in other states. The nonresident partner doesn’t • The partner provides an exemption letter to personally perform any services in Wisconsin. the partnership. The nonresident isn’t subject to Wisconsin • The partnership is a publicly traded partnership, income tax on their proportionate share of the as defined under section 7704(b) of the income earned in Wisconsin. Internal Revenue Code, that is treated as a partnership under the Internal Revenue Code Withholding Requirement for Partnerships and the partnership submits a Schedule 3K-1 Having Nonresident Partners for each of its nonresident partners. A partnership that has one or more nonresident Partnerships are required to make quarterly partners is generally required to pay pass- estimated withholding tax payments. In addition to through withholding tax on its distributable the quarterly estimated payments, a partnership is income allocable to the nonresident partners. still required to file Form PW-1, Wisconsin However, withholding is not required in the Nonresident Income or Franchise Tax Withholding following situations: on Pass-Through Entity Income, on an annual basis and pay any additional withholding tax due. • The partner is not otherwise subject to Wisconsin income or franchise tax (such as a For more information about pass-through 501(c)(3) organization with no unrelated withholding, see the Form PW-1 instructions. business taxable income). In this case, the partnership may rely on a written statement Specific Instructions for Form 1CNP Line-by-Line Instructions Schedule 2 Instructions Fill in Schedule 2 of Form 1CNP first; then ■ Columns A and B. Name, Address and enter the totals from Schedule 2 on Schedule 1. Social Security Number – Enter the information The name and address information should be requested concerning the nonresident partners written on single lines. Do not stack the who are participating in this composite return. information on the lines. If more room is needed, Complete names, addresses, and social security abbreviate where possible. Exception: The numbers are required. Prepare and submit a information may be stacked in column (A) of separate schedule, if necessary, if there are not Schedule 2. enough lines provided on Schedule 2. Do not write "None" on the amount lines if there is not an entry for the lines. Instead, leave the lines blank. 5 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions The net income or loss may not agree with the total Notes: of the amounts on Schedule 3K-1, column e, for the following reasons: • If both spouses are partners and they wish to compute their tax jointly, use only one entry • Only those separately stated deductions of the line in Schedule 2. Enter both names on that partnership that are deductible by the partners in line in column A, list both social security computing federal adjusted gross income are numbers in column B, and combine their allowed as deductions on Form 1CNP. For amounts in columns C1, C2, D, E, and F for example, charitable contributions reported on purposes of determining the tax to enter in Schedule 3K-1 are not allowed. Use the column H. Wisconsin apportionment percentage to allocate Exception: If only two partners are included allowable deductions to Wisconsin. on the composite return and the partners are • Passive activity losses may be limited as married filing a joint return, enter the name and provided in the Internal Revenue Code. social security number of each spouse on separate lines but combine their amounts for • 30% of the net capital gains realized on assets the remaining columns onto one line. held more than 1 year is excludable from income, except that 60% of net capital gains • If a nonresident partner is a limited liability realized on certain assets used in farming (i.e., company (LLC) or grantor trust treated as a farm livestock, farm real property, depreciable disregarded entity, the owner of the LLC or farm property, or farm equipment) is excludable grantor of the grantor trust is deemed to be the from income. partner for purposes of filing Form 1CNP. When reporting a nonresident partner's • The net capital loss deduction is limited to allocated portion of income or loss on $3,000. Schedule 2 of Form 1CNP, the same social • A lower-tier entity made an election to pay tax security number (SSN) cannot be reported at the entity level under sec. 71.21(6)(a), Wis. more than once in column (B). If an individual Stats. A lower-tier entity is a pass-through is an owner of an LLC or grantor of a grantor entity (i.e., partnership) that is directly or trust treated as a disregarded entity and both indirectly owned by the partnership. are nonresident partners of the same partnership, all income or loss allocated to the If any of these differences apply, include a individual and the disregarded entity must be schedule with Form 1CNP showing the combined when reporting on Schedule 2 of computation of net income. Form 1CNP. For more information, see the article titled Reminders: Composite Returns, If the partner is claiming a net operating loss Form 1CNP or 1CNS, on page 3 of Wisconsin carryforward, prepare a schedule showing the Tax Bulletin 218 (July 2022). computation of the carryforward and submit it with • If the partner is a foreign individual who does your Form 1CNP. Caution: An individual not have a taxpayer identification number generally must have a federal net operating loss (TIN), the partner must apply for a TIN with in order to have a Wisconsin net operating loss. the Internal Revenue Service (IRS). Do not For exceptions, see the tax release titled file Form 1CNP until the IRS issues the Wisconsin Net Operating Loss When There Is No partner a TIN. Federal Net Operating Loss, on page 19 of Wisconsin Tax Bulletin 70 (January 1991). ■ Column C1. Partner’s Share of Wisconsin Partnership Income (Loss) – Using the ■ Column C2. Partner’s Share of Wisconsin amounts entered on Schedule 3K-1, column e, Gross Income – For each partner, fill in the compute each partner’s Wisconsin net income or amount reported on Schedule 3K-1, line 24, loss to enter on Schedule 2, column C1. Don’t column e. If the amount on Schedule 3K-1, line 24, include guaranteed payments in column C1; column e is $2,000 or more, the partner has a instead, show these payments in column D. Wisconsin filing requirement and must file using either Form 1CNP or Form 1NPR. 6 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions ■ Column D. Guaranteed Payments – Enter ■ Column I. Tax Withheld from Form PW-1 – each partner’s guaranteed payments Enter the amount of pass-through entity withholding attributable to Wisconsin from Schedule 3K-1, paid by the partnership on behalf of each partner, as line 4, column e. reported on Form PW-1. If this is an amended return, report the tax previously assessed on the original ■ Column E. Total Wisconsin Income return. (Loss) – Add the amounts in columns C1 and D for each partner. ■ Column J. Balance Due or Overpayment – Compute the balance due or overpayment for ■ Column F. Federal Adjusted Gross Income each partner (column H - column I). – For each partner, enter the partner’s federal adjusted gross income from federal Form 1040 Schedule 1 Instructions on Schedule 2, column F. Note: If this information is not available, you must compute the partner’s ■ Lines 1 through 9: Fill in the amounts as instructed on the form. If you have an overpayment Wisconsin tax using the alternate method on line 9, you will not be able to carry over that described in the instructions below for Schedule overpayment to your 2024 Form 1CNP. Instead, 2, column H. the overpayment will automatically be refunded to ■ Column G. Filing Status – For each partner you. whose federal adjusted gross income was reported in column F, enter the appropriate ■ Line 4: Amended Return Only - Amount designation for the partner’s filing status in 2023: Previously Paid – If you have already filed a S for single, H for head of household, MFJ for Form 1CNP for the taxable year and are filing an married filing a joint return, and MFS for married amended Form 1CNP, you must check the space filing a separate return. provided at the top of the form and include Schedule AR. Fill in the amount of tax you paid with Note: To use the joint return filing status, the your original Form 1CNP plus any additional partner’s spouse cannot have any income amounts paid after it was filed. If you did not pay taxable by Wisconsin other than income or loss the full amount shown on your original Form from this same partnership. If both spouses are 1CNP, fill in only the portion that you actually paid. partners and they wish to compute their tax Also, include any additional tax that may have jointly, combine their net incomes for purposes of resulted if your original return was changed or determining the tax to enter in column H. audited. This includes additional tax paid with a Do not fill in column G for any partner whose tax previously filed 2023 amended return and must be computed under the alternate method additional tax paid as a result of a department explained below. adjustment to your return. Do not include payments of interest or penalties. ■ Column H. Tax – If the partner’s federal adjusted gross income has been entered on ■ Line 6: Amended Return Only - Amount Schedule 2, column F, figure the tax on the Previously Refunded – Complete this line only if income in column E by using the tax computation this is an amended 2023 Form 1CNP. Fill in the worksheet on last page of these instructions. refund from your original 2023 return. Don’t use the tax tables in the Form 1, or Form 1NPR booklets. No standard deduction or If your refund was reduced because you owed itemized deductions will be allowed for purposes underpayment interest or any penalties, fill in the of this composite filing. amount of your refund before the reduction for underpayment interest or penalty. If your 2023 Alternate method of computing column H. If return was adjusted by the department, fill in the the partner’s federal adjusted gross income is refund shown on the adjustment notice you unknown, multiply the Wisconsin income in received. column E by 7.65% (0.0765) and enter the result on Schedule 2, column H. 7 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions Instructions for Third Party Designee, include one or more supplemental schedules with Signatures, Payment, and Supplemental your Form 1CNP, including: Schedules • A copy of any application for an extension of time to file the return. ■ Third Party Designee – If you want to allow a tax preparer or tax preparation firm, or any • If applicable, schedules to substantiate the other person you choose to discuss your 2023 partner’s share of Wisconsin partnership income tax return with the department, check “Yes” in (loss) reported in column C1. the “Third Party Designee” area of your return. Also, fill in the designee’s name, phone Do not include federal Form 1065, Wisconsin number, and any five digits the designee Form 3, Wisconsin Form PW-1, the federal chooses as their personal identification Schedules K-1, or the Wisconsin Schedules 3K-1. number (PIN). If you check “Yes,” you are authorizing the department to discuss with the designee any questions that may arise during the processing of your return. You are also authorizing the designee to: • Give the department any information missing from your return, • Call the department for information about the processing of your return or the status of your refund or payment(s), and • Respond to certain department notices about math errors, offsets, and return preparation. You are not authorizing the designee to receive any refund check, bind you to anything (including any additional tax liability), or otherwise represent you before the department. If you want to expand the designee’s authorization, you must submit Form A-222, Power of Attorney. The authorization will automatically end no later than the due date (without regard to extensions) for filing your 2024 tax return. Signatures. A general partner of the partnership or an LLC member must sign and date Form 1CNP at the bottom of page 1. If the return is prepared by someone other than an employee of the partnership, the individual who prepared the return must also sign the form and furnish the preparing firm’s federal employer identification number. A self-employed individual preparer must enter “PTIN” and the preparer’s tax identification number in the space for the preparer’s federal employer ID number. Payment. If you have an amount due on line 8, see the department's Make a Payment webpage. Supplemental Schedules. As described in the preceding instructions, you may be required to 8 |
Enlarge image | Wisconsin 2023 Form 1CNP Instructions Tax Computation Worksheet for Form 1CNP 1 If your filing status is single or head of household, fill in $13,810; married filing joint, fill in $18,420; married filing separate, fill in $9,210 2 Divide the amount from Schedule 2, column E, by the amount from Schedule 2, column F, and enter the ratio 3 Multiply line 1 by line 2 4 Fill in the amount from Schedule 2, column E 5 Fill in the smaller of line 3 or line 4 6 Multiply line 5 by 3.50% (0.035) (round to the nearest cent) 7 Subtract line 5 from line 4. If the result is zero, skip lines 8 through 20 and go to line 21 8 If your filing status is single or head of household, fill in $13,820; married filing joint, fill in $18,420; married filing separate, fill in $9,210 9 Fill in the ratio from line 2 above 10 Multiply line 8 by line 9 11 Fill in the smaller of line 7 or line 10 12 Multiply line 11 by 4.40% (0.044) (round to the nearest cent) 13 Subtract line 11 from line 7. If the result is zero, skip lines 14 through 20 and go to line 21 14 If your filing status is single or head of household, fill in $276,540; married filing joint, fill in $368,710; married filing separate, fill in $184,360 15 Fill in ratio from line 2 above 16 Multiply line 14 by line 15 17 Fill in the smaller of line 13 or line 16 18 Multiply line 17 by 5.3% (0.053) (round to the nearest cent) 19 Subtract line 17 from line 13. If the result is zero, skip line 20 and go to line 21 20 Multiply line 19 by 7.65% (0.0765) (round to nearest cent) 21 Add lines 6, 12, 18, and 20. Fill in total here and on Schedule 2, column H Applicable Laws and Rules This document provides statements or interpretations of the following laws and regulations enacted as of November 29, 2023: subchs. I, III, IV, and XII of ch. 71, Wis. Stats. 9 |