INSTRUCTIONS FOR FILING PARTNERSHIP INCOME TAX RETURN, FORM L-1065 PARTNERSHIPS REQUIRED TO FILE A RETURN Column 1, on page 1, is the final summary transferred from Schedule Every partnership that conducted business activity in the City of C, column 7. Lapeer, whether or not an office or place of business was maintained RESIDENT PARTNERS are taxed on their entire distributive share of in the city, is required to file an annual return. Syndicates, joint the net profits of the partnership, including that arising from business ventures, pools and like organizations will also use Form L-1065. activities outside of Lapeer, interest, dividends, rents, royalties, other FILING DATE income, and gains from the sale or exchange of property, either Calendar year taxpayers must file by April 30 following the end of the tangible or intangible, regardless of where such property was located. tax year. Fiscal year taxpayers must file within four (4) months after the NONRESIDENT PARTNERS are taxed on their distributive share of end of their fiscal year. the partnership’s ordinary business income which is attributable to business activity in Lapeer, plus net rentals of tangible property in the OPTION TO PAY TAX AND APPLICABLE TAX RATES City and gains from the sale or exchange of tangible property in the The partnership may elect to file an information return or to compute City. and pay the tax due with respect to each partner's share of the net Nonresidents are not taxed on their share of net rentals on property profits of the business. The partnership may pay the tax for partners located outside the City, gains from the sale or exchange of tangible only if it pays for ALL partners subject to tax. Effective 1/1/67, the property located outside the City, gains from the sale or exchange of income tax rate is 1.0% for corporations, 1.0% for residents and securities or other intangible property, or on interest and dividends. 0.5% for nonresidents. When the receipt of interest and other intangible income is directly REMITTANCE related to the nature of the business, such interest, etc., shall be Partnerships electing to pay the tax for all partners must remit the tax considered business income taxable to nonresidents, and is to be when filing the return. Make check or money order payable to: included in the ordinary business income reported in Schedule A line 1. LAPEER CITY TREASURER. CORPORATION PARTNERS are taxed on their distributive share of the partnership’s ordinary business income attributable to business activity in Lapeer, plus net rentals of tangible property in the City and MAILING ADDRESS gains from the sale or exchange of tangible property in the City. LAPEER INCOME TAX DEPARTMENT Corporations are not taxed on: their share of net rentals of property 576 LIBERTY PARK located outside the City; or gains from the sale or exchange of tangible LAPEER MICHIGAN 48446-2189 property located outside the City. PAGE 1 INSTRUCTIONS PARTNERSHIP AS TAXPAYER Column 1. The amounts to be inserted in column 1, page 1, are If the partnership elects to pay the tax for the partners, the individual transferred from Schedule C on page 2 of the return. If this return is an partners are not required to file a return if such partners have no other information return, the remaining columns, 2 through 7, on page 1 income subject to tax. However, an individual return is required from need not be completed. However, if the partnership elects to pay the any partner having taxable income other than his distributive share of tax, columns 2 through 7 must be completed. the net profits of the partnership. (In such instances, a partner who is Column 2. Allowable individual partner deductions which relate to the required to file an individual return should refer to the instructions for partnership are deducted in column 2. These deductions include net such return.) operating loss carryover. This column is also used to adjust for a net Partnerships electing to pay the tax on behalf of the partners assume capital loss realized by any of the partners, in excess of the partner's the status of a taxpayer to the following extent: (1) timely payment maximum allowable ($3,000) capital loss deduction. Therefore, a net must be made; and (2) a Declaration of Estimated Income Tax, Form capital loss realized by any of the partners, in excess of the partner's L-1040ES, is required if the total estimated tax for the partnership is allowable capital loss deduction must be added back in column 2, page expected to exceed $100. The calendar or fiscal year of the 1. The allowable capital loss deduction for each partner is the lesser of partnership will govern in establishing the dates for filing the (1) the net capital loss, (2) the amount in column 1, page 1, computed declaration and paying the estimated tax. without regard to capital gains and losses, or (3) $3,000. Partnerships electing to become the taxpayer should start preparation Capital gains and losses, and net operating loss carryovers are to be of the return on page 2 with Schedules A and B. If the partnership is handled in the same manner as provided in the federal Internal subject to allocation of business income, Schedule D should be Revenue Code. Nonresident partners must allocate net operating completed next. losses to Lapeer at the percentage of business conducted in Lapeer in Schedule C is then completed to determine each partner’s share of the year in which the loss was sustained. ATTACH A SCHEDULE business and non-business income. A partnership with rental real DETAILING COMPUTATION OF AMOUNTS REPORTED IN estate must include a listing of the rental properties. Page 1 is to be COLUMN 2. totally completed. Column 3. A $600 exemption is allowed for each partner who is an individual, the partner’s spouse and dependents. Additional PARTNERSHIP FILING AN INFORMATION RETURN exemptions are allowed if the taxpayer or spouse is 65 years of age or Partnerships filing information returns are required to complete: Page older, or is blind. 2: Schedules A, B, C and if appropriate Schedule D; a listing of rental In general, the same rules apply in determining dependents as under properties if rental income is included on the return; and page 1: the federal Internal Revenue Code. A spouse may be taken as an Identification and Information section and column 1. exemption on the partnership return only if such spouse has no income The Partnership Return, Form L-1065, is designed to distinguish subject to Lapeer Income Tax. Exemptions for a partner whose between that income taxed to residents, nonresidents and residence status has changed from a resident to a nonresident or from corporations. The purpose of the return is to set forth the entire net a nonresident to a resident of Lapeer during the taxable year are first profit for the period covered and to show the distributive share of each applied against income while a resident, with the balance, if any, partner, indicating those who are residents of Lapeer, nonresidents or applied to Lapeer income while a nonresident. A partner’s personal corporations. (If residency changes during the taxable period for any and dependency exemptions may not be claimed on more than one partner, use two lines to indicate allocation of income by residency partnership return. status in all schedules where applicable.) Exemptions are not allowed to other persons who are partners Ordinary business income of the partnership is reported in Schedule A. (i.e., corporations who are partners, partnerships who are partners, This ordinary business income is transferred to Schedule C, column 1, etc.). by showing the amount of ordinary income distributable to each Column 7. In column 7 enter payments made by the partnership: tax partner. paid with a tentative return; payments on a 2006 Declaration of Non-business income that may be taxable is reported in Schedule B, Estimated Income Tax; or any credits for income taxes paid to any by type of income. The taxable portion for resident, nonresident and other municipality by the partnership on behalf of Lapeer resident corporate partners is determined in this schedule in columns 2 through partners, if the income on which such tax was levied is included in this 5. The taxable non-business income is then transferred to Schedule C return. DO NOT take credit for income taxes paid to any other by showing the amounts applicable to the individual partners. municipality on behalf of nonresident partners. The credit for tax paid to another city shall be the lesser of: (1) The income tax paid the other |
municipality for Lapeer resident partners, or (2) 0.5% of an amount The nonresident excludable portion also includes that portion of the obtained by deducting the amount for exemptions claimed for Lapeer gain (or loss) which arose from the sale or exchange of intangible resident partners on page 1, column 3, of this return from the gross assets, and of tangible property located outside Lapeer. The taxable amount of income of Lapeer resident partners subject to tax by such nonresident partners’ portion in column 5 will be the gain (or loss) other city. attributable to the period after January 1, 1967, from the sale or All credits in column 7 are to be distributed on lines 8a, b and c, and exchange of tangible real and personal property located in Lapeer. totaled on line 9. The total on line 9 must agree with the total of column RENTS AND ROYALTIES. Report in column 1, lines 6, 7 and 8, the 7. total net income or loss from all rents and royalties. The resident COMPUTATION AND PAYMENT OF TAX partners’ portion of rents and royalties is taxable. Nonresident and Line 10. If tax due (line 7) is greater than the total tax payments (line corporate partners exclude net income or loss from rents, and royalties 9) subtract line 9 from line 7 and enter tax due. Tax due must be paid attributable to property located OUTSIDE Lapeer. when filing the return. OTHER INCOME. Report in column 1, line 9, all other partnership To pay with check or money order make the check or money order income. payable to the LAPEER CITY TREASURER and mail the payment with TOTAL NON-BUSINESS INCOME. Enter on line 10 the totals for each the return to: Lapeer Income Tax Department column in Schedule B. After transferring the amounts from columns 3 576 Liberty Park and 5 of Schedule B to Schedule C, the total of Schedule C, column Lapeer MI 48446-2189 6a, (taxable resident partners’ non-business income) must equal the total of Schedule B, column 3, and the total of Schedule C, column 6b, OVERPAYMENT OF TAX (taxable nonresident partners’ non-business income) must equal the Line 11. If the total tax payments (line 9) is greater than tax due (line total of Schedule B, column 5 . 7) subtract line 7 from line 9 and enter the tax overpayment. SCHEDULE C - DISTRIBUTION TO PARTNERS Line 12. Enter all or the portion of the overpayment to be credited The totals of columns 1, 6a and 6b of Schedule C, showing the forward. distribution to individual partners of ordinary and non-business income, Line 13. Enter the amount of your overpayment to be refunded. A must agree with the totals transferred from Schedules A and B. refund will be issued via a paper refund check unless you choose to Column 1. Enter in column 1 the individual partner's share of business get the refund via direct deposit by entering the (a) bank routing income from Schedule A, line 5. If Sec. 179 depreciation is included in number, (b) the bank account number and (c) the account type. Schedule A and the partners have unequal credits for such additional PREPARER AUTHORIZATION depreciation (e.g., if one partner is single and one is married filing Line 16. If the “Yes” box is marked, the partnership is authorizing the jointly for federal income tax purposes), the apportionment of income Lapeer Income Tax Department to call the preparer to answer any to partners in this column will require a special computation. questions that may arise during the processing of its return. The Column 7. Transfer the amount of each individual partner's share partnership is also authorizing the preparer: to give the Department shown in column 7, Schedule C to column 1, page 1 of the return. any information that is missing from the return; to call the Department SCHEDULE D - BUSINESS ALLOCATION for information about the processing of the return or the status of any PERCENTAGE related refund or payments; and to respond to certain notices that the The business allocation percentage is to be applied to the distributive partnership has shared with the preparer about math errors, offsets share of business income of CORPORATE AND NONRESIDENT and return preparation. partners if business activity of the partnership is conducted both within PAGE 2 INSTRUCTIONS and outside the City of Lapeer. Line 1a. Enter in column 1 the average net book value of all real and SCHEDULE A - ALLOCABLE BUSINESS INCOME tangible personal property owned by the business, regardless of Schedule A is used to report ordinary business income of the location; and in column 2 show the net book value of the real and partnership. Ordinary business income of Schedule A is transferred to tangible personal property owned and located or used in the City of Schedule C, column 1. Schedule C is used to determine the amount of Lapeer. The average net book value of real and tangible personal ordinary business income subject to the Lapeer tax. property may be determined by adding the net book values at the Non-business income is reported in Schedule B. The taxable portion of beginning and end of the year and dividing the sum thus obtained by non-business income is transferred to Schedule C. two. Instructions for Schedules B and C indicate how amounts transferred Line 1b. Enter in column 1 the gross annual rent multiplied by 8 for all from Schedules A and B are allocated to the individual partners. rented real property regardless of location. In column 2 show the gross SCHEDULE B - NON-BUSINESS INCOME AND annual rent multiplied by 8 for rented real property located in the City of EXCLUSIONS Lapeer. Gross annual rent refers to real property only, rented or leased Schedule B is used to allocate the total non-business income of the during the taxable period, and should include the actual sums of partnership between resident partners and nonresident partners. After money or other consideration payable, directly or indirectly, by the determining the total taxable income for resident and nonresident taxpayer for the use or possession of such property. partners, the totals are transferred to Schedule C, wherein an analysis Line 2. Enter in column 1 the total compensation paid to all employees is made to determine the amount of non-business income distributable during the year and in column 2 show the amount of compensation to each individual partner. Therefore, compute the total amount of paid to employees for work or services performed within the City of distributable non-business income, by type of income, and enter these Lapeer. amounts on the proper lines of Schedule B, column 1. For each Line 3. Enter in column 1 the total gross revenue from all sales or category of non-business income, use columns 2 and 3 to show the services rendered during the year, and in column 2 show the amount resident partners’ excludable and taxable portion, and use columns 4 of revenue derived from sales made or services rendered in the City of and 5 to show the nonresident partners’ excludable and taxable Lapeer during the year. If there is no regularly maintained sales force portion. The total of columns 2 through 5 must equal the total of outside the City, this allocation factor must be 100% for businesses column 1. with no other business activity outside the City. INTEREST AND DIVIDENDS. In column 1, line 1, report total ASSISTANCE AND WEBSITE partnership non-business interest income. In column 1, line 2, report If you have questions or need assistance, call (810) 667-7155. total partnership income from dividends. The interest and dividends Questions by mail should be directed to: Lapeer Income Tax reported on lines 1 and 2, column 1, are to be apportioned between Department, 576 Liberty Park, Lapeer, Michigan 48446-2189. Income resident partners (columns 2 and 3) and nonresident partners tax forms, instructions and additional information are available on (columns 4 and 5). Resident partners exclude in column 2 the total City’s website, http://www.ci.lapeer.mi.us/web/tax.htm . nontaxable interest from obligations of the United States, the states or NOTICE subordinate units of government of the states. Interest and dividend These instructions are interpretations of the Lapeer Income Tax income is not taxable to nonresidents. Ordinance. The Ordinance will prevail in any disagreement between SALE OR EXCHANGE OF PROPERTY. Report in column 1, lines 3, 4 the instructions and the Ordinance. and 5, the total taxable net gain or loss from sales and exchanges of property, short-term, long-term and Section 1231, respectively. Gains or losses on the sale of obligations of the United States or attributable to the period prior t o January 1, 1967, are excluded. |