Enlarge image | 2023 NET PROFIT INCOME TAX FORM 27 INSTRUCTION BOOKLET Filing Requirements Alternate Method Every corporation, partnership, trust, or estate that conducts business in a RITA Check this box if you are requesting a method other than the prescribed three municipality must file a return and pay tax on net profit earned in the municipality. A factor formula for apportioning net profits. The request must be in writing, disregarded entity or qualifying subchapter S subsidiary for federal income tax purposes attached to this return, and contain an explanation as to why an alternate is not considered the “taxpayer” under Ohio law. Instead, the “taxpayer” includes any method is being requested. other person who owns the disregarded entity or qualifying subchapter S subsidiary. Small Employer When to File Check this box if the taxpayer is a small employer. A small employer is an Ohio Generally, a business must file its income tax return on or before the fifteenth (15th) employer that had total gross revenue of less than $500,000. A small employer day of the fourth (4th) month following the end of the taxpayer’s taxable year. does not include the federal government, any state government, including any Note: Calendar year end filers due April 15, 2024. state agency or instrumentality; any political subdivision; or any entity treated as a government for financial accounting and reporting purposes. See ORC §718.01 (TT). Where to File Forms may be mailed with payment to: RITA, P.O. Box 94582, Cleveland, OH 44101- 4582; without payment to: RITA, P.O. Box 89475, Cleveland, OH 44101-6475; or with ORC 718.021 Election refund to: RITA, P.O. Box 94652, Cleveland, OH 4410-4652. Please visit ritaohio.com Check this box if electing to apportion income based on the guidelines in ORC for office locations and business hours. 718.021 and will be situsing any payroll, property or sales from a qualifying remote employee or owner at the individual’s qualifying remote work location to that individual’s qualifying reporting location. When a Return is Not Required Nonprofits (as defined in IRC Section 501c) are not required to file an annual return if a copy of the organization’s approved IRS determination letter is on file with RITA. Line 1. Federal Taxable Income However, should a nonprofit have unrelated business income, said nonprofit is Indicate your C Corporation Federal Taxable Income (“FTI”), or the equivalent on required to file a municipal return and pay tax thereon. Line 1. Refer to the AFTI worksheet found on Page 3 of Form 27 or at ritaohio.com to determine the starting point for FTI. A taxpayer that is not a C Corporation and is not an individual, must compute FTI as if the taxpayer were Extensions of Time to File a C Corporation. Effective with tax year 2023 for calendar year filers (effective tax year 2022 for fiscal year filers) a federal extension extends the municipal due date to the fifteenth day of the eleventh month after the last day of the taxable year. For tax years prior to 2023 for Line 3B. Checkbox calendar year filers and 2022 for fiscal filers, a federal extension extends the municipal Check this box when using different Net Operating Loss amounts for different due date to the fifteenth day of the tenth month after the last day of the taxable year to municipalities and attach your Net Operating Losses worksheet. which the return relates. It is not necessary to file a copy of the federal extension with RITA by the annual filing due date. Attach a copy of the federal extension when For Tax Year 2023, only two RITA municipalities allow a net operating loss to be filing the Net Profit annual return on or before the extended due date. If you have carried forward greater than five (5) years for tax years beginning prior to 1/1/17. not requested or received a federal extension you may receive an extension for the filing JEWETT allows a net operating loss to be carried forward for a maximum of of the Net Profit annual return by completing Form 20-EXT Net Profit Estimated Income seven (7) years for tax years beginning prior to 1/1/17. Tax and/or Extension of Time to File which is due by the annual filing due date. An extension to file is not an extension to pay – the tax owed must be paid by the annual MCDONALD allows a net operating loss to be carried forward for a maximum of filing due date. Remit Form 20-EXT to pay the tax balance due. ten (10) years for tax years beginning prior to 1/1/17. Extensions of time to file have no effect on the due dates of estimated A municipality specific worksheet or schedule is required to support a net taxes. If the return is on extension, use Form 20-EXT to pay first quarter operating loss carryforward claimed on the return. estimated taxes on or before the fifteenth (15th) day of the fourth (4th) month of the tax year. Caution Line 3Bi. This line is intentionally left blank Rounding Off to Whole Dollars Line 3Bii. Pre-Apportioned Losses from A business may round off cents on its return and schedules. Eliminate any amount less Tax Years Beginning on or After 1/1/18 than fifty cents and increase any amount from fifty cents through ninety-nine cents to the next higher dollar. Utilized in this Tax Year Enter the total amount of pre-apportioned net operating loss being used. If you select the Line 3B checkbox and used different amounts of a net operating loss Penalty and Interest for various municipalities, enter the greatest value amount of the net operating In accordance with the law, penalty and interest is charged on taxes (including loss used on this Line. Attach the Net Operating Loss schedule to the form for estimated taxes) paid late, even if an extension of time to file is granted. Penalties may additional support documentation. also be charged for failing to file a return when due. A fee will be charged to your account for a dishonored check or a check/electronic debit that cannot be processed. RITA may choose to redeposit your returned item electronically. Line 3C. Percent Allocable to RITA Additionally, you understand and agree that we may collect a returned item If the business operates strictly within one RITA municipality, enter 100% as the processing fee as allowed by state law. Electronic filers assume all responsibility percentage on Line 3C. Otherwise, enter the total average percentage from for the accuracy of the information submitted and are, therefore, subject to any Page 4, Schedule Y, Step 5. The Ohio Revised Code requires that Schedule Y charged fees described above for any errors. be the default method used to determine the percentage of income attributable to RITA municipalities by business entities conducting business activity both within and outside RITA municipalities. Uniform Definition of Net Profit Ohio law provides a uniform definition of taxable income for net profit tax returns, Line 4 Amount Subject to Municipal Income “Adjusted Federal Taxable Income” (AFTI). This definition can be found under Ohio Revised Code (ORC) §718.01. Refer to the AFTI worksheet found on Page 3 of Form 27 Tax or at ritaohio.com to determine AFTI as it pertains to a taxpayer that is not a C Enter the amount of Line 3b(iii) multiplied by 3C (the percentage) on Line 4. Note Corporation and is not an individual, and who must compute Federal Taxable Income if you checked the 3B checkbox you will need to calculate the income for each (FTI) as if the taxpayer were a C Corporation. municipality separately and enter the total. Per ORC §718.02 (G) when computing taxable income allocable to Brooklyn, Jackson, Lagrange, Niles, Oberlin, Spencerville, Walton Hills and Wintersville, Name and Address add back to the income apportioned to each of these municipalities the amount Print your company name, address, and federal identification number. of the stock option income that is exempt from each municipality’s withholding (attach schedule). |
Enlarge image | Schedule B – Distribution of Tax within Line C. Charitable Contribution Adjustment Add charitable contributions in excess of what would be allowed for federal tax RITA Municipalities purposes if the taxpayer were a C Corporation. Excess charitable contributions If the amount of income (loss) and tax reported on Lines 4 and 5 of this form is to be should be carried forward to subsequent years. Subtract charitable contributions allocated to any RITA municipality, you must fill in the names of all the RITA carried over from prior years to the same extent as would be allowed if a C municipalities in which you conducted business along with the amount of taxable Corporation. Attach a schedule showing your carry forwards for municipal tax income (loss) and tax due for each. If tax due is $10 or less for a municipality, enter purposes. zero in the Tax Due field of Schedule B for that municipality. The total tax distribution in Schedule B must equal the total tax due shown on Page 1, Line 5. Attach a schedule if you need more space. Line D. Other Each taxpayer, who is not an individual, must compute net profit as if the entity were a C corporation. As such, in addition to the adjustments required for Lines Schedule X – Reconciliation with Federal B and C on this worksheet, the taxpayer must also make the following applicable Income Tax Return adjustments on Line D of this worksheet: This schedule is used to make adjustments when total income (Line 1) includes income • Add back any distribution deduction claimed on IRS form 1041 (estates not taxable and/or items not deductible for municipal purposes. Enter the amounts of and trusts only). any such items in Schedule X and carry totals from Line G and Line Q respectively, to • Add back the additional deductions, if any (generally, depreciation Lines (2A) and (2B). expense deductions) claimed on the IRS form 1065 on account of the election described in IRC section 743 or section 754 (partnerships and LLCs treated as partnerships only). Line A. Section 1221 and 1231 Losses • Add the amount of recapture income described in IRC section 291. Report all losses (ordinary and capital) directly related to the sale, exchange, or other • Add the amount of interest expense otherwise deducted to the extent that disposition of an asset described in Section 1221 or 1231 of the Internal Revenue Code deduction is not allowed to a C corporation under IRC section 163 (j). (IRC). Losses related to Section 1221 assets are usually reported on Federal Schedule • Add back all other items of income and deductions to the extent those D while losses related to Section 1231 assets are usually reported on Federal Form items (i) are not listed above, (ii) are not already included in the 4797. computation of net profit, and (iii) would be taxable or nondeductible, respectively, if the taxpayer were a C corporation. Line B. Taxes Based on Income • Subtract any amount otherwise included in computation of net profit to the Include foreign, state, local, and other taxes based on income. extent that amount would either be nontaxable or deductible if the taxpayer were a C corporation. Line C. 5% of Certain Intangible Income Multiply Schedule X, Line O, (if used) by 5%. (Line C is not applicable to Wickliffe; Schedule Y – Business Apportionment intangible income is taxable to the city of Wickliffe). Formula A Business Apportionment Formula consisting of the average original cost of Line D. Certain Owner Compensation real and tangible personal property, gross receipts, and wages paid must be For use by taxpayers that are not C Corporations and are not individuals. Ohio law used by business entities not required to pay tax on entire net profits by reason prohibits taxpayers that are not C Corporations and not individuals from claiming a of doing business both within and without of RITA municipalities. (ORC § deduction for payments to a qualified self-employed retirement plan, payments for 718.02) However, if the Business Apportionment Formula does not produce an health or life insurance for an owner or owner-employee, or federal self-employment equitable result, another basis (for example Books and Records) may be tax. Report all such payments here. substituted following the process outlined in Section 3(F)(3)(b) of RITA’s Rules and Regulations. NOTE: Check the ORC 718.021 Election box on page 1 if the taxpayer has Line E. REIT and RIC Adjustments elected to apportion income based on the guidelines in ORC 718.021 and will be A real estate investment trust or regulated investment company must report all situsing any payroll, property or sales from a qualifying remote employee or dividends, distributions, or amounts set aside for the benefit of investors included in owner at that individual’s qualifying remote work location to that individual’s Page 1, Line 1. qualifying reporting location. Line N. Certain Section 1221 and 1231 Gains Step 1. Property Report all income and gains directly related to the sale, exchange, or other disposition The average original cost of real property and tangible personal property within of an asset described in Section 1221 or 1231 of the IRC. (Note: Do not include RITA municipalities. Annual rental on rented or leased real and tangible personal income or gain(s) described in Section 1245 or 1250 of the IRC. ORC §718.01 (E) property situated within the RITA municipality multiplied by 8. requires all S-Corporations and partnerships to increase their Section 1250 gains by the adjustment all C Corporations must make under IRC Section 291.) Property at a qualifying remote employee or owner’s qualifying remote work location may be sitused to a qualifying reporting location under ORC 718.021. If Line P. Other Items Not Taxable making this election note that it applies to all municipalities and the ORC Use this line to report pass-through income/(loss) from another entity. Indicate the 718.021 Election box on Page 1 must be selected. Federal Identification Number of the business that originated the pass-through income and include a copy of the K-1 issued. Do not include or take credit for tax paid by the Step 2. Wages and Salaries business that generated the pass-through income. Wages, salaries and other compensation paid during the taxable period to W-2 employees for services performed within RITA municipalities, excluding Also use this line to report any other income RITA municipalities are specifically compensation from which taxes are not required to be withheld under ORC § prohibited from taxing that is not required to be reported on another line of Schedule X 718.011. If your business is considered a “Small Employer” as defined on page or on the AFTI Worksheet. Note: Cancellation of indebtedness and wage adjustments 1 of these instructions or your business is impacted by the 20 day rule, allocate associated with federal work and job credits are included as income under federal code. wages and salaries in the same manner in which they were withheld. AFTI (ORC §718.01(E)) does not permit deductions for cancellation of indebtedness or for wage adjustments associated with federal work and job credits Wages, salaries and other compensation earned at a qualifying remote employee or owner’s qualifying remote work location may be sitused to a AFTI Worksheet qualifying reporting location under ORC 718.021. If making this election note Ohio law creates a uniform definition of taxable income for net profit tax returns, that it applies to all municipalities and the ORC 718.021 Election box on Page 1 Adjusted Federal Taxable Income (AFTI). The definition of AFTI is found at ORC must be selected. §718.01(E). A taxpayer that is not a C Corporation and is not an individual must make the adjustments in Lines B, C and/or Line D below. Step 3. Gross Receipts Total gross receipts of the business or profession from sales and rentals made Line B. Section 179 Adjustment and services performed during the taxable period in the municipal corporation to Add federal Section 179 depreciation in excess of what would be allowed for federal tax total gross receipts of the business or profession during the same period from purposes if the taxpayer were a C Corporation. Excess Section 179 expenses should sales, rentals and services, wherever made or performed. be carried forward to subsequent years. Subtract Section 179 depreciation carried over from prior years to the same extent as would be allowed if a C Corporation. Estates Sales or services at a qualifying remote employee or owner’s qualifying remote and trusts can claim the IRC section 179 deduction to the extent the deduction would work location may be sitused to a qualifying reporting location under ORC be allowed if the estate or trust were a C corporation. Attach a schedule showing your 718.021. If making this election note that it applies to all municipalities and the carryforwards for municipal tax purposes. ORC 718.021 Election box on Page 1 must be selected. 2 |
Enlarge image | Step 3. Gross Receipts (continued) Line 6B. Amount of Previous Year Credits Sales and gross receipts in RITA municipalities means: Enter credit from prior year(s). (This should be the overpayment you indicated on (1) Gross receipts from the sale of tangible personal property shall be sitused to the the prior year return to be credited against this year’s tax). municipal corporation only if, regardless of where title passes, the property meets either of the following criteria: Line 7A. Balance Due a) The property is shipped to or delivered within the municipal corporation If Line 5 is greater than Line 6C, enter the difference here. Remittance in this from a stock of goods located within the municipal corporation. amount must accompany the return when filed. A business may round off cents. b) The property is delivered within the municipal corporation from a location outside the municipal corporation, provided the taxpayer is regularly engaged through its own employees in the solicitation or promotion of sales within such Line 7B. Overpayment Claimed If Line 6C is greater than Line 5, enter the difference here. This amount will be municipal corporation and the sales result from such solicitation or promotion. transferred as a credit unless you request a refund. Amounts $10 or less will not (2) Gross receipts from the sale of services shall be sitused to the municipal be refunded. If requesting a refund, please check the refund box on return corporation to the extent that such services are performed in the municipal envelope to expedite processing of the refund. corporation. (3) To the extent included in income, gross receipts from the sale of real property located in the municipal corporation shall be sitused to the municipal corporation. Line 8. Computation of Estimated Tax Estimated tax payments are due on the fifteenth (15th) day of the fourth (4) To the extent included in income, gross receipts from rents and royalties from real (4th) sixth (6th), ninth (9th) and twelfth (12th) months of each fiscal year. property located in the municipal corporation shall be sitused to the municipal corporation. A. Enter the estimated taxable income and tax for each municipality in the space (5) Gross receipts from rents and royalties from tangible personal property shall be provided next to the name of that municipality. Then place the total estimated sitused to the municipal corporation based upon the extent to which the tangible taxes on Line 8A. personal property is used in the municipal corporation. B. Credit from prior year: If upon completion of your annual net profit Form 27 you have accrued a credit and did not request a refund, you may Schedule Y-1. Reconciliation of S c h ed u l e take that credit on Line 8B. Otherwise, place a zero on this line. Y Wages to Withholding Returns D. Enter the amount of estimated tax to be paid with this return. For your Use this schedule to reconcile workplace wages, salaries, etc. allocated to RITA convenience, you may pay the full amount of total estimated tax due, (Line 8C) municipalities on Schedule Y with the amounts reported on your withholding returns with this declaration. Otherwise, at least 1/4 of the estimated tax due, less any filed for the tax year covered by this return. credit carryforward, must be remitted with this declaration and the remaining amount will be billed. If the return is filed on extension, more than ¼ of Line 1. Withholding Return Wages the estimated tax may be due. A calendar year taxpayer must use the workplace wages reported on their annual Reconciliation of Income Tax Withheld (Form 17). A fiscal year taxpayer must use the For each RITA municipality owed, if your estimated payments are not 90% sum of the wages reported on the Form 11 withholding statements that correspond to of the tax due or are not equal to or greater than your prior year’s total tax the fiscal year. liability, you will be subject to penalty and interest charges. Quarterly payments of estimated tax must be made to each RITA municipality if the anticipated amount owed is greater than or equal to $200. Line 2. Explanation of Discrepancy Attach an explanation if the overall discrepancy is: (1) greater than 10% of the total workplace wages reported; and (2) greater than $5,000. If you are reporting workplace Line 9. Total Due wages for multiple RITA municipalities apply the 10% / $5,000 thresholds to each Print your federal employer identification number on your check or money order municipality. and make it payable to RITA. Sign and date Form 27 in the space provided. Enclose your check or money order with the Form 27 along with a copy of the federal return and supporting schedules as indicated below. Line 3. Other Company Information Provide the Company Name and Federal Identification Number under which the withholding tax was remitted if different than the FEIN reported on page 1 of the Form WHAT TO ATTACH TO YOUR RETURN: 27. Attach a complete copy of the Federal Form 1041, 1065, 1120, 1120-A, 1120- REIT, or 1120S as appropriate. Also attach copies of Schedule D, Schedule E, Form 1125-A, Form 4562, Form 4797, Form 8825, and any supporting Schedule Z. Pass-Through Distributive Shares statements for “other income”, “taxes and licenses”, “other expenses”, and Form 1125-A “other costs”. If applicable, attach copies of any K-1 schedules issued or of Net Income received. If filing a consolidated return, attach copies of your federal All pass-through entities must attach a schedule showing each partner/shareholder consolidation schedules. If you issued any 1099-NEC forms, please attach name, social security number, distributive share, guaranteed payments (if applicable) copies of those issued to Ohio residents. Note: The federal return MUST be and ownership percentage. The amounts reported on this schedule must correspond attached to be considered a complete tax return. Please also attach all with the amounts reported on your federal return. applicable schedules and 1099-NEC to avoid delays in processing. Schedule ZZ: Consolidated Returns Joint Economic Districts (JEDDs) or Joint Taxpayers filing consolidated returns must attach Federal Form 851 or a schedule listing the name, address and employer identification number of each affiliate included Economic Development Districts (JEDZs) in the consolidated return when filing their Form 27. Once an election is made to file a Most RITA revenue sharing districts (JEDDs and JEDZs) require taxpayers to file consolidated return, permission is needed to file separately in future years. For tax annual Net Profit returns separately from the related municipal tax authority, years beginning on or after January 1, 2016, consolidated filers have a five year opt- meaning net profits must be allocated to revenue sharing districts as if the in/out window for changing from consolidated to single filing, or vice versa, and can districts are separate, stand-alone municipalities. However, the following JEDDs elect each year to include or exclude income from 80% PTE ownership from the or JEDZ require that you file the annual Net Profit return with the related tax consolidated group. Please see ORC §718.06 for more information on municipal authority income tax consolidated return requirements. JEDD or JEDZ ______ Tax Authority Beachwood East JEDD Beachwood Line 5. Municipal Tax Due Beachwood West JEDD Beachwood You must complete Schedule B on Page 2 for any amount shown on Line 5. See Orange Chagrin Highland JEDD Orange ritaohio.com to obtain current tax rates. Line 6A. Payments on Declarations of Estimated Municipal Tax Enter estimated payments made to RITA municipalities for this taxable year. 3 |