FORM BC – 1040 CITY OF BATTLE CREEK PARTNERSHIP RETURN INSTRUCTIONS th FILING DATE: Calendar year return must be filed by April 30 , Fiscal year within 4 months after the end of their fiscal year REMITTANCE: Make check payable to: City Treasurer Please submit with your BC-1040 MAILING: Mail your return with remittance, and all supporting documents attached MAIL RETURNS TO: CITY INCOME TAX DIVISION, P O BOX 1657, BATTLE CREEK, MI 49016-1657 FORMS ARE AVAILABLE AT: www.battlecreekmi.gov/city_government/permits_and_forms |
PARTNERHIPS REQIRED TO FILE A RETURN Partnerships electing to become the taxpayer should start INSTRUCTIONS FOR FORM BC-1065 preparation of the return on pg 2 with Schedules A and B. If the Every partnership that conducted business activity in the City partnership is subject to allocation of business income, of Battle Creek whether or not an office or place of business Schedule D should be completed next. Schedule C is then was maintained in the city is required to file an annual return. completed to determine each partner’s share of business and Syndicates, joint ventures, pools and like organizations will non-business income. A partnership with rental real estate also use Form BC-1065. must complete Schedule E. Page 1 is to be totally completed. FILING DATE PARTNERSHIPS FILING AN INFORMATION RETURN th Calendar year taxpayers must file by April 30 . Fiscal year Partnerships filing information returns are required to complete: taxpayers must file within four (4) months after the end of their pg 2: Schedules A, B, C and if appropriate Schedules D and E; fiscal year. and pg 1: Identification and information section and column 1. OPTION TO PAY TAX AND APPLICABLE TAX RATES The Partnership Return, Form BC-1065, is designed to distinguish between that income taxed to residents, The partnership may elect to file an information return or to nonresidents and corporations. The purpose of the return is to compute and pay the tax due with respect to each partner’s set forth the entire net profit for the period covered and to show share of the net profits of the business. The partnership may the distributive share of each partner, indicating those who are pay the tax for partners only if it pays for ALL partners subject residents of Battle Creek, nonresidents or corporations. At any to tax. Effective 1/1/65, the income tax rate is 1.0% for time during the year if residency changes use two lines to corporations, 1.0% for residents and .005% for nonresidents. indicate allocation of income by residency status in all schedules where applicable. REMITTANCE AND FORMS Ordinary business income of the partnership is reported in Partnerships electing to pay the tax for all partners must remit Schedule A. This ordinary business income is transferred to the tax when filing the return. Make check or money order Schedule C, column 1, by showing the amount of ordinary payable to: City of Battle Creek income distributable to each partner. Mail to: City of Battle Creek, P O Box 1657, Battle Creek MI Non-business income that may be taxable is reported in 49016-1657. Schedule B, by type of income. The taxable portion for Forms are available on our web site at: resident, nonresident and corporate partners is determined in this schedule in columns 2 through 5. The taxable non- http://www.battlecreekmi.gov/City_Government/Permits_and_F business income is then transferred to Schedule C by showing orms.htm the amounts applicable to the individual partners. PARTNERSHIP AS TAXPAYER Column 1, on pg 1, is the final summary transferred from Schedule C, column 7. If the partnership elects to pay the tax for the partners, the individual partners are not required to file a return if such RESIDENT PARTNERS are taxed on their entire distributive partners have no other income subject to tax. However, an share of the net profits of the partnership, including that arising individual return is required from any partner having taxable from business activities outside of Battle Creek, interest, income other than his distributive share of the net profits of the dividends, rents, royalties, other income, and gains from the partnership. In such instances, a partner who is required to file sale or exchange of property, either tangible or intangible, an individual return should refer to the instructions for such regardless of where such property was located. return. NONRESIDENT PARTNERS are taxed on their distributive Partnerships electing to pay the tax on behalf of the partners share of the partnership’s ordinary business income which is assume the status of a taxpayer to the following extent: (1) attributable to business activity in Battle Creek, plus net rentals timely payment must be made; and (2) a Declaration of of tangible property in the City and gains for the sale or Estimate Income Tax, Form BC-1040ES, is required if the total exchange of tangible property in the City. estimated tax for the partnership is expected to exceed $100.00. The calendar or fiscal year of the partnership will Nonresidents are not taxed on their share of net rentals on govern in establishing the dates for filing the declaration and property located outside the City, gains from the sale or paying the estimated tax. exchange of tangible property located outside the City, gains Page 1 |
from the sale or exchange of securities or other intangible dependents as under the Federal Internal Revenue Code. A INSTRUCTIONS FOR FORM BC-1065 property, or on interest and dividends. spouse may be taken as an exemption on the partnership return only if such spouse has no income subject to Battle When the receipt of interest and other intangible income is Creek income tax. Exemptions for a partner whose residence directly related to the nature of the business, such interest, ect, status has changed from a resident to a nonresident or form a shall be considered business income taxable to nonresidents, nonresident to a resident of Battle Creek during the taxable and is to be included in the ordinary business income reported year are first applied against income while a resident, with the in Schedule A, line 1. balance, if any, applied to Battle Creek income while a nonresident. A partner’s personal and dependency exemptions CORPORATION PARTNERS are taxes on their distributive may not be claimed on more than one partnership return. share of the partnership’s ordinary business income Exemptions are not allowed to other persons who are partners attributable to business activity in Battle Creek, plus net rentals (e.i., corporations who are partners, partnerships who are of tangible property in the City and gains from the sale or partners, ect.). exchange of tangible property in the City. Corporations are not taxed on: their share of net rentals of property located outside Column 6. In column 6 enter payments made by the the City; or gains from the sale or exchange of tangible partnership: tax paid with a tentative return: payments on property located outside the City. Declaration of Estimated Income Tax; or any credits for income taxes paid to any other municipality by the partnership on PAGE 1 INSTRUCTION behalf of Battle Creek resident partners, if the income on which such tax was levied is included in this return. DO NOT take a Column 1. The amounts to be inserted in column 1, pg 1, are credit for income taxes paid to any other municipality on behalf transferred from Schedule C on pg 2 of the return. If this return of nonresident’s partners. The credit for tax paid to any other is an information return, the remaining columns, 2 through 6, city shall be the lesser of: (1) the income tax paid the other on pg 1 need not be completed. However, if the partnership municipality for Battle Creek resident partner, or (2) 0.005% of elects to pay the tax, columns 2 through 6 must be completed. an amount obtained by deducting the amount for exemptions Column 2. Allowable individual partner deductions which claimed for Battle Creek resident partners, on pg 1, column 3, relate to the partnership are deducted in column 2. Theses of this return from the gross amount of income of Battle Creek deductions include net operating loss carryover. This column is resident partners subject to tax by such other city. All credits in also used to adjust for a net capital loss realized by any of the column 6 are to be distributed on lines 8a, b and c, and totaled partners, in excess of the partner’s maximum allowable on line 9. The total on line 9 must agree with the total of $3,000.00 capital loss deduction. Therefore, a net capital loss column 6. realized by any of the partners, in excess of the partner’s COMPUTATION AND PAYMENT OF TAX line 10. If tax due allowable capital loss deduction must be added back in column (line 7) is greater than the total tax payments (line 9) subtract 2, pg 1. The allowable capital loss deduction of each partner is line 9 from line 7 and enter tax due. Tax due must be paid the less of (1) the net capital loss, (2) the amount in column 1, when filing the return. To pay with a check or money order pg 1, computed without regard to capital gains and losses, or make payable to Battle Creek City Treasure and mail with (3) $3,000.00. Capital gains and losses, and net operating loss return. carryovers are to be handled in the same manner as provided in the Federal Internal Revenue Code. Nonresident’s partners To make a payment via direct withdrawal from your bank must allocate net operating losses to Battle Creek at the account, fill in the information on pg 4. Enter and complete the percentage of business conducted in Battle Creek in the year electronic funds withdrawal effective date, bank routing in which the loss was sustained. ATTACH A SCHEDULE number, bank account number and account type. Mail your DETAILING COMPUTATION OF AMOUNTS REPORTED IN complete return to the address provided under remittance and COLUMN 2. forms. Column 3. Exemption for 2004 forward is $750.00. An OVERPAYEMT OF TAX exemption is allowed for each partner who is an individual, the partner’s spouse and dependents. Additional exemptions are Line 11. If the total tax payments (line 9) is greater than tax allowed if the taxpayer or spouse is 65 years of age or older by due (line 7) subtract line 7 from line 9 and enter the amount of st December 31 of the filing or disabled. If you claim this your overpayment to be refunded. A refund will be issued via exemption, you may not claim an additional exemption for paper check unless you choose to get the refund via direct totally and permanently disabled. However if you are, blind, deposit by filing in pg 4. Enter and complete the electronic deaf, hemiplegic, or quadriplegic you may claim and additional refund information, bank routing number, bank account number exemption. In general, the same rules apply in determining and account type. Page 2 |
Line 12. Enter all or the portion of the overpayment to be in column 5 will be the gain (or loss) attributable to the period INSTRUCTIONS FOR FORM BC-1065 credited forward. after July 1, 1967 from the sale or exchange of tangible real and personal property located in Battle Creek. Page 2 INSTRUCTIONS RENTS AND ROYALTIES – Report in column 1 line 6, 7 and 8 SCHEDULE A – ALLOCABLE BUSINESS INCOME the total net income or loss from all rents and royalties. The resident partners; portion of rents and royalties is taxable. Non- Schedule A is used to report ordinary business income of the resident and corporate partners exclude net income or loss partnership. Ordinary business income of Schedule A is from rents, and royalties attributable to property located transferred to Schedule C, column 1. Schedule C is used to OUTSIDE Battle Creek. determine the amount of ordinary business income subject to the Battle Creek tax. Non-business income is reported in OTHER INCOME – Report in column 1, line 9, and all other Schedule B. The taxable portion of non-business income is partnership income. transferred to Schedule C. Instructions for Schedules B and C indicate how amounts transferred from Schedules A and B are TOTAL NON-BUSINESS INCOME – Enter on line 10 the allocated to the individual partners. totals for each column in Schedule B. After transferring the amounts form columns 3 and 5 of Schedule B to Schedule C, SCHEDULE B – NON-BUSINESS INCOME AND the total of Schedule C, column 6a, (taxable resident partners’ EXCLUSIONS non-business income) must equal the total of Schedule B, column 3, and total of Schedule C, column 6b, (taxable Schedule B is used to allocate the total non-business income nonresident partners’ non-business income) must equal the of the partnership between resident partners and nonresident total of Schedule B, column 5. partners. After determining the total taxable income for resident and nonresident partners, the totals are transferred to SCHEDULE C – DISTRIBUTION TO PARTNERS Schedule C, wherein an analysis is made to determine the amount of non-business income distributable to each individual The totals of columns 1, 6a, 6b of Schedule C, showing the partner. Therefore, compute the total amount of distributable distribution to individual partners of ordinary and non-business non-business income, by type of income, and enter these income, must agree with the totals transferred from Schedule A amounts on the proper lines of Schedule B, column 1. For and B. each category of non-business income, use columns 2 and 3 to show the resident partners’ excludable and taxable portion, Column 1. Enter in column 1 the individual partner’s share of and use columns 4 and 5 to show the nonresident partners’ business income from Schedule A, line 5. If Sec. 179 excludable and taxable portion. The total of columns 2 through depreciation is in included in Schedule A and the partners have 5 must equal the total of column 1. unequal credits for such additional depreciation (e.g., if one partner is single and one is married filing jointly for federal INTEREST AND DIVIDENDS – In column 1, line 1, and report income tax purposes), the apportionment of income to partners total partnership non-business interest income. In column 1, in this column will require a special computation. line 2, report total partnership income from dividends. The interest and dividends reported on line 1 and 2, column 1, are Column 7. Transfer the amount of each individual partner’s to be apportioned between resident partners (columns 2 and 3) share shown in column 7, Schedule C to column 1, pg 1 of the and nonresident partners (columns 4 and 5). Resident partners return. exclude in column 2 the total nontaxable interest form obligations of the United States, the States or of subordinate SCHEDULE D – BUSINESS ALLOCATION PERCENTAGE units of government of the States. Interest and dividend The business allocation percentage is to be applied to the income is not taxable to nonresidents. distributive share of business income of CORPORATE AND SALE OR EXCHANGE OF PROPERTY – Report in column 1, NON-RESIDENT partners if business activity of the partnership lines 3, 4, and 5, the total taxable net gain or loss form sales is conducted both within and outside the City of Battle Creek. and exchanges of property, short-term and Section 1231, Line 1a. Enter in column 1 the average net book value of all respectively. Gains or losses on the sale of obligations of the real and tangible personal property owned by the business, United States or attributable to the period prior to July 1, 1967 regardless of location; and in column 2 shows the net book are excluded. The nonresident excludable portion also includes value of the real and tangible personal property owned and that portion of the gain (or loss) which arose from the sale or located or used in the City of Battle Creek. The average net exchange of intangible assets, and of tangible property located book value of real and tangible person property may be outside Battle Creek. The taxable nonresident partners’ portion Page 3 |
determined by adding the net book values of the beginning and INSTRUCTIONS FOR FORM BC-1065 end of the year and dividing the sum thus obtained by two. Line 1b. Enter in column 1 the gross annual rent multiplied by 8 for all rented real property regardless of location. In column 2 show the gross annual rent multiplied by 8 for rented real property located in the City of Battle Creek. Gross annual rent refers to real property only, rented or leased during the taxable period, and should include the actual sums of money or other consideration payable, directly or indirectly, by the taxpayer for the use or possession of such property. Line 2. Enter in column 1 the total compensation paid to all employees during the year and in column 2 show the amount of compensation paid to employees for work or services performed within the City of Battle Creek. Line 3. Enter in column 1 the total gross revenue from all sales or services rendered during the year, and in column 2 show the amount of revenue derived from sales made or services rendered in the City of Battle Creek during the year. If there is no regularly maintained sales force outside the City, this allocation factor must be 100% for business with no other business activity outside the City. Page 3 INSTRUCTIONS THIRD PARTY DESIGNEE If the “Yes” box is marked, the partnership is authorizing Battle Creek Income Tax Department to call the preparer to answer any questions that may arise during the processing of its return. The partnership is also authorizing the preparer: to give the Department any information about the processing of the return or the status of any related refund or payments; and to respond to certain notices that the partnership has shared with the preparer about math errors, offsets and return preparation. NOTICE These instructions are interpretations of the City of Battle Creek Income Tax Ordinance. The ordinance will prevail in any disagreement between the instructions and the ordinance. Page 4 |