Enlarge image | Form OR-65 Instructions Oregon Partnership Income Return 2023 The partnership will also owe a 5 percent late payment pen- Purpose of this form alty on any tax not paid by the due date. Form OR-65 is an information return used to report Oregon Partnership failure-to-file penalty modifications to federal taxable income and credits passed through to partners along with other information from the We may assess a penalty if a partnership doesn’t file a return operation of a partnership. Generally, a partnership doesn’t or fails to provide information to us as required by law. The pay Oregon tax on its income, but if it conducts business penalty is $50 per month per partner for each month the activity in Oregon, it must pay the Oregon partnership mini- return is late or incomplete, up to a maximum of five months. mum tax. Partners must include Oregon modifications and Don’t submit a penalty payment with the return. Penalty other partnership items on their Oregon tax returns. payments are only required if the department assesses a penalty. Which partnerships must file Form OR-65? Every partnership that has: Extension of time to file • Income or loss derived from or connected with sources in The extended due date is September 16, 2024 for calendar- Oregon. year partnerships. For fiscal-year partnerships, the extended • One or more Oregon resident partners. due date is six months after the original return due date. No request needs to be filed for an Oregon extension. Which partnerships don’t need to file Form OR-65? Note: An extension to file doesn’t mean more time to pay. • Publicly traded partnerships taxed as corporations. For an extension of time to file Form OR-65: • Partnerships that aren’t required to file a federal partner- 1. Make your extension payment by the original return due ship return. For example, a married couple electing the date through Revenue Online, or mail your payment by qualified joint venture option isn’t required to file a federal check, money order, or cashier’s check with a voucher, partnership return, so they don’t need to file an Oregon Form OR-65-V. With either payment option, select the partnership return. “Original return or extension” payment type. 2. On Form OR-65, mark checkbox (f) and enter the extension General information due date. Partnership minimum tax Short tax year A partnership must pay the $150 minimum tax if it’s doing Oregon follows federal filing requirements for short tax years. business in Oregon and required to file a partnership return. Use the 2023 form for a short tax year that ends in 2024, if the “Doing business” is performing a profit-seeking activity. 2024 forms are not available by the due date. Don’t cross out the year on the form. If the partnership is registered to do business in Oregon, Instead, enter the beginning and ending dates for the short year and mark the “Short-year return” box. but didn’t have any business activity, it’s not subject to the minimum tax. When a short-year return is filed only because of a change in Partner income and returns accounting periods allowed by the Internal Revenue Service (IRS), the tax is prorated for the number of months in the Guaranteed payments short tax year. Guaranteed payments are treated as distributive shares of Filing and payment deadlines partnership income. For nonresident partners, income attrib- utable to Oregon sources is determined by applying the allo- Returns and tax payments for the 2023 calendar year are due cation and apportionment provisions to each nonresident’s by March 15, 2024. Fiscal year returns are due by the 15th day entire distributive share including guaranteed payments. of the third month after the end of the partnership’s tax year. Estimated payments are not required. Individual income tax returns Penalty and interest Each partner’s distributive share of net income (or loss) and separately stated items must be reported on that partner’s The partnership will owe interest on any tax not paid by individual income tax return. the due date. The 2024 interest rate is 8 percent per year and increases to 12 percent per year if not paid within 60 days of Partners report their share of Oregon modifications (addi- our billing notice. tions or subtractions) or credits on their tax return. The 150-101-065-1 (Rev. 10-03-23) 1 of 4 2023 Form OR-65 Instructions |
Enlarge image | partner’s modification or credit is based on the total for the Important: This chart doesn’t apply to other short tax year business multiplied by their ownership percentage. returns, such as initial returns or final returns. The tax is $150 in those cases. Nonresident partners Example 1: In 2023, the IRS gave Renters LLC permission to Nonresident partners can join a composite return, Form change from a calendar tax year to a fiscal tax year ending in OR-OC, filed by the partnership or file their own return September. To change the accounting periods, a short year return using Form OR-40-N and its instructions. The partnership is is required from January 1 to September 30, 2023. The LLC will required to withhold tax payments on behalf of nonresident file a 2023 short year return and owe $113 in tax on the due date partners who are individuals or C corporations, unless the for that short year, which is December 15, 2023. Later they will partner is exempt, files an affidavit stating that they will file a full year 2024 return from October 1, 2023 to September 30, 2024 and will owe $150 minimum tax for that full tax year. pay their own estimated tax, or joins a composite return. See Publication OR-OC and Form OR-19 Instructions for more Example 2: Freight Partners ended business on May 10, 2024. information. They are a calendar tax year partnership, so the partners will file a 2024 short tax year return due August 15, 2024. They will use 2023 forms because 2024 forms aren’t available yet, but they Form instructions will follow 2024 tax laws when completing the return. They will owe $150 minimum tax which is also due August 15, 2024, even Heading if they get an extension to file. Enter all information in the heading (including an assumed business name or other name that the partnership does busi- Line 3B. Enter the payments submitted prior to filing or with ness as, if any), and check all applicable boxes. It’s important an extension. that you provide the name and contact information for the Line 3C. If payments are less than the tax liability owed by person who has the partnership records. If you don’t com- the partnership, enter the amount of tax due (line 3A minus plete this section, there may be a delay in receiving important line 3B). Otherwise, go to line 3D. information. If the partnership filed using a different name on the 2022 Oregon partnership return, check the “name Line 3D. If payments are more than the tax liability owed by the partnership, enter the amount to be refunded to the change” box and provide that name. partnership (line 3B minus line 3A). If the tax liability and the Line instructions payments already submitted are the same, enter $0. Line 1A. Answer “Yes” if the partnership is doing business Line 4D. Enter the number of federal Schedule K-1s that in Oregon. “Doing business” is defined the same for partner- were issued to partners. Separately report the number of K-1s ships and corporations. issued to resident and nonresident partners. Lines 2A and 2B. The partnership is required to file if it had Line 4E. Enter the number of partners who elected to join in Oregon resident partners orhad income (or loss) apportioned the Form OR-OC the partnership filed or will be filing. or allocated to Oregon. If you answered “Yes” to 2A or 2B (or Line 5C.If a federal audit or adjustment changed the partner- both), you must file Form OR-65. ship’s prior year or current year tax return, check the box and If you didn’t answer “Yes” to either 2A or 2B, then the part- list the tax years that were changed. See “Federal centralized nership isn’t required to file a return or pay the minimum tax. partnership audits” and Publication OR-OC for additional information. Line 3A. If 1A is “Yes” and 2A or 2B (or both 2A and 2B) are “Yes,” the partnership owes the partnership minimum Line 5D. If the partnership didn’t make the opt-out election tax. Enter $150 on line 3A unless the partnership is filing a for centralized audits, enter the contact information for the federal partnership representative (PR). If the PR is an entity, return for a change in accounting periods. If the “Accounting enter the contact information for both the designated indi- period change” box is checked, use this chart to determine vidual and the entity. the correct tax. Enter the tax on line 3A that corresponds to the number of months on the return: Lines 7A–7D. The partners must file returns and pay transit district self-employment taxes for income subject to these Number of Tax Number of Tax taxes. The partnership may instead file and pay on their behalf. months months Go to www.oregon.gov/dor/business for information. 1 $ 13 7 $ 88 2 $ 25 8 $100 Schedule I 3 $ 38 9 $113 Enter the name, numeric code, and amount for each modifica- 4 $ 50 10 $125 tion or credit. Include schedules to list additional modifica- 5 $ 63 11 $138 tions and credits or to explain the modifications. Modification and credit codes can be found in Publication OR-CODES and 6 $ 75 12 $150 Publication OR-17, which are available on our website. 150-101-065-1 (Rev. 10-03-23) 2 of 4 2023 Form OR-65 Instructions |
Enlarge image | If the partnership is a member of another PTE that elected • Form OR-24, if the partnership made a 1031 exchange to pay Oregon’s PTE-E tax, and the electing PTE claimed a investing in out-of-state property. deduction for the PTE-E tax on its federal return, an addition • Any additional schedules required for Oregon modifica- for the amount deducted must be reported on Schedule I. tions and credits from Schedule I. See Form OR-21 Instructions or Publication OR-17 for more Don’t include Form OR-OC or Form OR-19 with the partner- information. ship return. File those forms separately. A partner may be able to claim their share of these modifica- tions or credits on their own return. Provide this information Payments to partners with their Schedule OR-K-1. For more informa- tion, see the instructions regarding partnership and S corpo- Pay the tax by the due date of the return (not including exten- ration modifications and credits in Publication OR-17. sions) to avoid owing penalty and interest. You can make payments online at any time at www.oregon.gov/dor. Oregon marijuana or psilocybin business modification. Oregon-licensed marijuana and psilocybin businesses are To pay by mail: allowed a subtraction for expenses that could be claimed • Make the check, money order, or cashier’s check payable as federal deductions if marijuana or psilocybin wasn’t a to “Oregon Department of Revenue.” controlled substance under federal law (IRC Section 280E). • Write your daytime phone number, FEIN, and “2023 To calculate the subtraction, complete an “as if” federal Partnership Tax” on the payment. partnership return as if the business expenses would have • Don’t send cash or a postdated check. been allowed for federal purposes. The subtraction is the dif- • Send the payment in the same envelope with the return. ference between the profit/loss on the actual federal return Don’t use a voucher unless you’re sending a payment and the “as if” return. Don’t submit the “as if” return to the without a return. IRS or with Form OR-65. Keep it with the partnership’s tax records. See “Subtractions” in Publication OR-17 for more Filing instructions information. You can electronically file or mail Form OR-65 and any Gain on voluntary and involuntary conversions. Oregon required enclosures to: allows partnerships to elect for their partners to defer the gain on voluntary and involuntary conversions. Partnerships Oregon Department of Revenue must make the election for all consenting partners. Include PO Box 14555 Form OR-24 with Form OR-65 each year while the gain Salem OR 97309-0940 remains deferred, and check box (g) on the first page of the If you are filing electronically and your software doesn’t return. support attachments, mail the attachments to the address above or fax the attachments to 503-945-8735, labeled “Attn: ADP.” Be sure to provide the partnership name and FEIN for Filing the return reference. Wait three days after electronically filing the return Submit this information with the return in the following before faxing the required attachments. order: Amending instructions • A copy of federal Form 1065 .Include all pages and sup- porting schedules (for example, Schedule M-3). Complete the return as it should have been filed and check • Schedule OR-AP, if you answered yes to question 6A. the ”Amended return” box at the top. Include an explana- • If this is the final partnership return, a schedule showing tion of all corrections. There is no tax to pay or refund unless to whom all assets and liabilities were distributed, and you change the amount entered on line 3C or 3D. If the each asset’s adjusted basis, fair market value, and sales amended return results in tax to pay, include payment with price. the amended return. Don’t include a voucher with the return. • Federal Schedules K-1, if there were fewer than 11 part- ners during the year. If the partnership had more than Federal centralized partnership audits 10 partners, include a summary of partner informa- The IRS makes audit adjustments and collects taxes at the tion. The summary must include each partner’s name, partnership level for partnerships subject to the centralized Social Security number (SSN) or federal employer partnership audit regime (CPAR). CPAR adjustments that affect identification number (FEIN), address, profit/loss shar- the partnership’s Oregon income and taxes must be reported to ing percentage, and Oregon modifications and credits. us using the procedures outlined here. If you are mailing the summaries and K-1s, we prefer them on CD or a USB flashdrive. Label the CD or flashdrive with the Partnership representative. The federal partnership rep- entity’s name, FEIN, and tax year. If your CD or flashdrive resentative has the authority to make federal and Oregon is password protected, mail the password separately or decisions on behalf of the partnership, unless someone else email it to files.partnership@ dor.oregon.gov. Include the is designated as the Oregon representative. Don’t use Form partnership name and FEIN with the password. OR-65 to designate an Oregon partnership representative. 150-101-065-1 (Rev. 10-03-23) 3 of 4 2023 Form OR-65 Instructions |
Enlarge image | Send us a letter with the representative’s information by mail Additional CPAR requirements. Partnerships with CPAR or fax, or submit it through Revenue Online. adjustments affecting Oregon tax must notify us by submit- ting a completed adjustments report, regardless of whether Oregon CPAR election—Form OR-OC. The partnership the Oregon CPAR election is made. Partnerships must also representative may elect to report the audit adjustments and notify their owners of adjustments affecting Oregon income pay Oregon tax at the partnership level. The representative and whether the partnership has paid Oregon tax on that must use Form OR-OC, not Form OR-65, to make this elec- income. Partnerships can use federal Form 8986 for these tion. See Publication OR-OC for more details. notifications. Amended Form OR-65. If the federal CPAR adjustments For more information about the Oregon election to pay the affect Oregon tax, and the partnership representative doesn’t CPAR tax, see Publication OR-OC. make the Oregon CPAR election, an amended Form OR-65 must be filed for each adjusted tax year. Complete a federal Do you have questions or need help? Form 1065 for each adjusted tax year as if the form were being filed with the IRS. Write “as if” at the top of each Form www.oregon.gov/dor 1065, and submit the “as if” form with the amended Form 503-378-4988 or 800-356-4222 OR-65 for each adjusted tax year. questions.dor@ dor.oregon.gov Contact us for ADA accommodations or assistance in other languages. 150-101-065-1 (Rev. 10-03-23) 4 of 4 2023 Form OR-65 Instructions |