Enlarge image | Clear Form SCHEDULES O & P (FORM N-20) (Rev. 2020) STATE OF HAWAII — DEPARTMENT OF TAXATION SCHEDULES O AND P (FORM N-20) ALLOCATION AND APPORTIONMENT OF INCOME ATTACH THESE SCHEDULES TO FORM N-20 If the partnership had ordinary income or (loss) from trade or business activities both within and without Hawaii, complete these schedules to determine the business income or (loss) apportioned to Hawaii. Each partnership must state specifically the income attributable to the State and the income attributable everywhere with respect to each partner. Note: Compute all percentages to 5 decimal places (.00000%). Schedule O — Apportionment of Income 1 Ordinary income (loss) from trade or business activities for Hawaii tax purposes (From Form N-20, page 1, line 16) . 2 Apportionment factor (From Schedule P, line 8 below) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 3 Business income apportioned to Hawaii (line 1 multiplied by line 2) (To Form N-20, Schedule K, line 1, col. b) . . . . . Schedule P — Computation of Apportionment Factors In Hawaii Total Everywhere Property –– (use original cost) Beginning of taxable year End of taxable year Beginning of taxable year End of taxable year Land Buildings Inventories Leasehold interests* Rented Property* Other Property * Enter net annual rent X 8. A. In Hawaii B. Everywhere 1 Property values (average value of property above) . . . . . . . . . . . . . 2 Property factor (line 1, col. A divided by line 1, col. B) . . . . . . . . . . . . % 3 Total compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Payroll factor (line 3, col. A divided by line 3, col. B) . . . . . . . . . . . . . % 5 Total sales . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Sales factor (line 5, col. A divided by line 5, col. B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 7 Total of factors (add lines 2, 4, and 6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 8 Average of factors (see instructions) (To Schedule O, line 2 above) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % 9 Are the amounts shown on Form N-20, page 1, lines 4 through 7, and on Schedule P, column “B. Everywhere,” lines 1, 3, and 5 above, the same as those reported in returns or reports to other states under the Uniform Division of Income for Tax Purposes Act? YES NO If "NO," please explain. Ordinary income or (loss) from trade or business rented and used in this State during the tax period will properly reflect the value of rented property activities shall be attributed to the State by the use and the denominator of which is the average value may be required by the department or requested by of the apportionment of business income allocation of all the partnership’s real and tangible personal the taxpayer. In no case, however, shall the value provisions of the Uniform Division of Income for Tax property owned or rented and used during the be less than an amount which bears the same ratio Purposes Act (UDITPA), section 235-29, HRS. tax period. Property owned by the partnership to the annual rental rate paid by the taxpayer for Business income shall be apportioned to this is valued at its original cost. The average value the property as the fair market value of that portion State by multiplying the income by a fraction, the of property shall be determined by averaging the of the property used by the taxpayer bears to the numerator of which is the property factor plus values at the beginning and ending of the tax total fair market value of the rented property. If the payroll factor plus the sales factor, and the period. The use of monthly values may be required property owned by others is used by the taxpayer denominator of which is three. If the denominator if necessary to properly reflect the average value of at no charge or rented by the taxpayer for a nominal of the property factor, payroll factor, or sales factor the partnership’s property. Property rented by the rate, the net annual rental rate for the property shall is zero, the denominator of the fraction in section partnership is valued (or capitalized) at eight times be determined on the basis of a reasonable market 235-29, HRS, is reduced by the number of factors the net annual rental rate. Where property is rented rental rate for the property, section 18-235-38-02, with a zero denominator, and the numerator of that for less than a 12 month period, the rent paid for the HAR. fraction shall not include any factor with a zero actual period of rental shall constitute the annual PAYROLL FACTOR denominator. rental rate for the tax period. The payroll factor is a fraction, the numerator of PROPERTY FACTOR If the subrents taken into account in determining which is the total amount paid in this State during the the net annual rental rate under section 18-235-31- tax period by the partnership for compensation, and The property factor is a fraction, the numerator 02, HAR, produce a negative or clearly inaccurate the denominator of which is the total compensation of which is the average value of the partnership’s value for any item of property, another method which paid everywhere during the tax period. real and tangible personal property owned or (continued on next page) N20SCHOP_I 2020A 01 VID01 ID NO 01 SCHEDULES O & P (FORM N-20) |
Enlarge image | SCHEDULES O & P (FORM N-20) (Rev. 2020) Page 2 SALES FACTOR • Intangible property is attributed to Hawaii if it is the income cannot be assigned to the numerator The sales (or gross receipts) factor is a fraction, used in Hawaii. of the sales factor for any state and shall be the numerator of which is the total sales of the • Services are attributed to Hawaii if it is used or excluded from the denominator of the sales factor. partnership in this State during the tax period, and consumed in Hawaii. For example, where business income in the form of dividends received on stock, royalties received on the denominator of which is the total sales of the Where substantial amounts of gross receipts patents or copyrights, or interest received on bonds, partnership everywhere during the tax period. arise from an occasional sale of a fixed asset used debentures, or government securities results from If this apportionment does not fairly represent in the regular course of the taxpayer’s trade or the mere holding of the intangible personal property the extent of the partnership’s business activity in business, those gross receipts shall be excluded by the taxpayer, the dividends and interest shall be this State, the partnership may request the use from the sales factor. For example, gross receipts excluded from the denominator of the sales factor. of separate accounting, the exclusion of one or from the sale of a factory or plant will be excluded. Income from a foreign affiliate as defined in section more of the factors, the inclusion of one or more Insubstantial amounts of gross receipts arising 18-235-38.5-02, HAR, including dividends from a additional factors, or the use of any other method from occasional transactions or activities may foreign affiliate and interest paid on intercompany to accurately reflect the partnership’s business be excluded from the sales factor unless their loans, shall be excluded from the denominator of activity in the State. Complete Schedules O and P exclusion would materially affect the amount of the sales factor. to show this computation. Other items are attributed income apportioned to this State. For example, the Where gains and losses on the sale of liquid as follows: taxpayer ordinarily may include in or exclude from assets are not excluded from the sales factor by • Net rents and royalties from real property located the sales factor gross receipts from transactions other provisions under this section, such gains in Hawaii are attributed to Hawaii. Federal such as the sale of office furniture or business or losses shall be treated as provided in this Form 8825 may be attached to Form N-20 as a motor vehicles. A transaction qualifying as a casual subsection. This subsection does not provide schedule of expenses. sale as defined in section 237-1, HRS, and section rules relating to the treatment of other receipts • Net rents and royalties from tangible personal 18-237-1, HAR, shall be considered an occasional produced from holding or managing such assets. property are attributed to Hawaii if and to the transaction. If a taxpayer holds liquid assets in connection with extent that the property is utilized in Hawaii. Where the income producing activity in respect one or more treasury functions of the taxpayer, • Capital gains and losses from sale of real property to business income from intangible personal and the liquid assets produce business income located in Hawaii are attributed to Hawaii. property can be readily identified, the income is when sold, exchanged or otherwise disposed, the included in the denominator of the sales factor and, overall net gain from those transactions for each • Capital gains and losses from sales of tangible if the income producing activity occurs in this State, treasury function for the tax period is included in the personal property are attributable to Hawaii if the in the numerator of the sales factor as well. For sales factor. For purposes of this subsection, each property had a situs in Hawaii at the time of the example, usually the income producing activity can treasury function will be considered separately, sale. be readily identified in respect to interest income section 18-235-38-03, HAR. • Interest and dividends are attributed to Hawaii received on deferred payments on sales of tangible Amounts received by a qualified high if the partnership’s commercial domicile is in property (section 18-235-35-01(a)(1), HAR) and technology business as royalties and other income Hawaii. income from the sale, licensing, or other use of derived from patents, copyrights, and trade secrets intangible personal property (section 18-235-37- owned by the qualified high technology business • Patent and copyright royalties are attributed 01(b)(4), HAR). and developed and arising out of a qualified high to Hawaii if and to the extent that the patent or technology business are excluded from Hawaii copyright is utilized by the payor in Hawaii. Where business income from intangible property cannot readily be attributed to any income. Expenses related to this income are particular income producing activity of the taxpayer, deductible. |