Enlarge image | 2023 Form MO-1120 Corporation Income Tax Return General Instructions File Electronically Electronic filing is fast and easy. See page 2 for details. Tax Deadline is April 15. See page 3 for extensions. |
Enlarge image | ELECTRONIC FILING OPTIONS FOR CORPORATION TAX RETURNS Corporations may file Missouri MO-1120 Corporation Income tax returns electronically in conjunction with the IRS through Modernized E-File (MeF). This system has been developed through a cooperative effort between the IRS, states, and the software community. The system uses the latest electronic technology and industry standards. Corporations may visit the Department’s website at dor.mo.gov/taxation/business/ tax-types/corporation-income/efile.html for more information regarding electronic filing as well as a list of approved vendors that support corporate electronic filing. Corporations may choose from the following filing options: 1. Federal and State Corporation tax returns may be prepared and filed electronically by an IRS approved Electronic Return Originator (ERO). Corporations may visit the IRS website to find a participating ERO at: irs.gov/e-file-providers/modernized-e-file-program-information. 2. Missouri MO-1120 Corporation Income tax returns can be prepared and transmitted as a stand-alone state return through an IRS approved ERO. Benefits of Electronic Filing Convenience • Security • Proof of Filing • Direct Deposit of Refunds • Greater Accuracy FORM MO-1120 MISSOURI REGISTRATION GENERAL INFORMATION Every corporation and S-corporation must register with the De part ment This information is for guidance only and does not state the complete law. of Revenue to receive a Missouri Tax Identification Number. To register, please contact: Missouri De part ment of Reve nue, Taxation Division, FILING REQUIREMENTS FOR FORM P.O. Box 3300, Jefferson City, MO 65105-3300, visit mytax.mo.gov or MO-1120 CORPORATION INCOME TAX call Business Registration at (573) 751-5860. Every corporation, as defined in Chapter 143, RSMo, is required to file a return of income in Missouri for each year it is required TIME AND PLACE OF FILING AND PAYMENT to file a federal income tax return and the corporation’s gross income from sources within Missouri is $100 or more. The tax on Corporation income tax is due on or before the 15th day of the corporations will not apply to: fourth month following the end of the tax year. Example: Taxable • A corporation, which by reason of its purposes and activities, is period of January 1, 2023, to December 31, 2023; due April 15, 2024. exempt from federal income tax. The preceding sentence shall Note: When the due date falls on a Saturday, Sunday, or a legal not apply to unrelated business taxable income and other holiday, the return and payment will be considered timely if made income on which Chapter 1 of the Internal Revenue Code imposes the federal income tax or any other tax measured on the next business day. by income. Note: Any corporation filing a Federal Form 990, If you have a refund or have no amount due, mail your return to: 990-EZ, 990-N, or 990-PF should not send a copy of the Missouri Department of Revenue, P.O. Box 700, Jefferson City, MO federal form or any Missouri MO-1120 Corporation Income tax form to the Department of Revenue. 65105-0700. • An express company as defined in Chapter 153, RSMo, which If you have a balance due, payments must be postmarked by April 15, pays an annual tax on its gross receipts, in this state; 2024, to avoid interest and late payment charges. The Department of • An insurance company, which is subject to an annual tax on its Revenue offers several payment options. If you mail your payment gross premium receipts, in this state; after your return is filed, attach your payment to the Form MO-1120V. • A Missouri mutual or an extended Missouri mutual in su rance • Check or money order: Attach a check or money order (U.S. company organized under Chapter 380, RSMo; or funds only) payable to the Missouri Department of Revenue • Any other corporation that is exempt from Missouri income taxation indicating the Missouri Tax Identification Number. under the laws of Missouri or the laws of the United States. Mail to: Missouri Department of Revenue, P.O. Box 3365, Jefferson City, MO 65105-3365. Do not postdate. By submitting Attach a copy of your Federal Form 1120. Corporations payment by check, you authorize the Department of Revenue to reporting taxable income on a federal return other than a Federal Form 1120 (such as Federal Forms 1120-POL, 1120-H, process the check electronically upon receipt. The Department 1120-SF, 1120-REIT, 990-T, or 1120-C), shall attach a copy of the of Revenue may electronically resubmit checks returned for appropriate federal form and make the computations on Form insufficient or uncol lected funds. MO-1120. A “candidate committee” set up under Section 130.011, • Electronic Bank Draft (E-Check): You can pay online at RSMo, who is required by the Internal Revenue Code Section mytax.mo.gov/rptp/portal/omefileandpaybusinesstaxesonline 527 to file a Federal Form 1120-POL, but is not set up as a corporation, is not required to file Form MO-1120. or by calling (888) 929-0513. You will need to enter your bank routing number and checking account number. There will be a ADMINISTRATIVE DISSOLUTION $0.50 fee per filing period/transaction to use this service. • Credit Card: The Department accepts MasterCard, Discover, If a corporation required to file income tax fails to file and pay the Visa, and American Express. For online payment information tax within 90 days from the original due date (or 90 days from the and convenience fee charges, visit: extension due date), it shall forfeit its charter in this state under the provisions of Section 351.486. mytax.mo.gov/rptp/portal/omefileandpaybusinesstaxesonline. Note: The convenience fees charged are paid to the third party vendor, not to the Missouri Department of Revenue. By accessing this payment system, you will leave the Department’s website and connect to the third party vendor’s website, which is secure and confi dential. *14000000001* 2 14000000001 |
Enlarge image | CONSOLIDATED FEDERAL RETURN attach a copy of the consolidated Federal Form 1120 for the current tax period and the consolidated Federal 1120 for the tax AND SEPARATE MISSOURI RETURN period(s) being amended on a separate company basis. A corporation, which is a member of an affiliated group filing a • For tax periods that the consolidated return and separate consolidated federal corporation income tax return, shall (if no company return show an NOL that is carried back, attach a Missouri consolidated return is filed) determine its federal taxable copy of the consolidated Federal Form 1139 or Federal Form income as if it had filed a separate federal corporation income tax 1120X. Also include the income statement for the loss year, the return for the year. revised income statement for the amended tax period(s), and a The corporation must enclose a pro forma Federal Form 1120, with schedule showing the calculation of the federal income tax all pertinent schedules, where in its separate federal taxable income is de duc tion on the amended return. computed with Form MO-1120. The first five pages of the actual Note: The corporation is required to file an amended return to adjust consolidated federal corporation income tax return and an income the federal income tax deduction for any tax period that the statement, or a summary of profit com panies for the year, must be consolidated tax liability changes due to an NOL carryback, even if no attached. The complete consolidated federal return may be required loss exists to be carried back on a separate company basis. upon an audit of the Mis souri return. Attach supporting statements for each corporation included in REPORTABLE TRANSACTION DISCLOSURE the consolidated return. Do not use Form MO-1120 as a supporting STATEMENT FEDERAL FORM 8886 statement. Every corporation must attach a copy of each Federal Form 8886 that The corporation’s federal income tax de duc tion will be a portion of was filed with the IRS as part of its federal return or as part of a the tax on consolidated Federal Form 1120. See Form MO-1120, Part 3. consolidated federal return. SUBSIDIARIES INCLUDED IN THE FILING OF THIS RETURN UNCERTAIN TAX POSITION STATEMENT If the corporation is filing a consolidated Missouri return, attach a FEDERAL SCHEDULE UTP separate schedule that lists the names of the subsidiaries, Federal A corporation must attach a copy of Federal Schedule UTP if the Identification Numbers and Mis souri Tax Identification Numbers. corporation has one or more tax positions that must be reported to the IRS on Schedule UTP and the schedule was filed with the IRS as NET OPERATING LOSSES part of its federal return or as part of a consolidated federal return. Corporations that file a Missouri return with a federal net operating DECLARATION OF ESTIMATED TAX loss (NOL) must treat the loss under the provisions of the Internal Revenue Code. Corporations that file a consolidated federal and Every corporation subject to income tax in this state must make a separate Missouri return must compute the separate federal taxable declaration of its estimated tax for the taxable year on income as if each member filed a separate federal return. In any year Form MO-1120ES, if its Missouri estimated tax could reasonably be an NOL is carried forward or carried back, a corporation is required ex pected to be at least $250 (Section 143.521, RSMo). to provide a schedule detailing each NOL: the year of the loss, the amount of the loss, the loss previously utilized and the amount of If an affiliated group of corporations files a Missouri consolidated the loss currently being utilized on a consolidated and separate income tax return for the taxable year, its Missouri estimated company basis. tax payments may be combined on Form MO-1120 (12 CSR 10-2.045(36)). For federal and Missouri purposes, a corporation can use the federal NOL incurred in one tax year to reduce the taxable income in another A corporation may amend its declaration on Form MO-1120ES. tax year. The NOL deduction cannot exceed the corporation’s taxable Mail the declaration of estimated tax payments to: income (after special deductions). An NOL deduction cannot be used Missouri Department of Rev e nue, P.O. Box 3020, Jefferson City, to increase a loss in a loss year or to create a loss in a profit year. MO 65105-3020. Make the check payable to Missouri Department of A separate company is bound by the consolidated federal return Revenue and include your Missouri Tax Identification Number election to carry losses forward or back, (i.e., if the loss is carried back on your check. on your federal return, the separate company loss must be carried You can file and pay Declaration of Estimated Tax for Corporation back). If the loss is carried forward the corporation must provide Income Tax (Form MO-1120ES), online using a Credit Card or E-Check detailed schedules reflecting the loss amount(s), year(s) of the loss, (Electronic Bank Draft). To file and pay online, please visit and year and amount of the loss utilized on a consolidated and dor.mo.gov/business/payonline.php. separate company basis. If the consolidated return shows taxable income and the separate EXTENSION OF TIME TO FILE AND PAY company return shows a loss, the corporation may elect to carry the If a corporation has been granted an extension of time to file its federal separate company loss forward or back pursuant to the federal income tax return, the time for filing the Missouri corporation Internal Revenue Code on a separate company basis in Missouri. income tax return is automatically extended. Select the box at the top The corporation must provide a copy of page 1 of the federal of the form indicating you have an approved federal extension and consolidated return for the separate company loss year. attach a copy of the Federal Extension, Form 7004, to the MO-1120. The only NOL subject to carry forward or carry back is the loss from (Failure to check this box may result in disallowing the extension.) the federal tax return. Missouri does not have provisions for a state An extension of time to file does not extend the time for payment of NOL deduction. A negative number on Form MO-1120, Lines 8, 9, or 13 the tax. The corporation must pay, on or before the original due date, is not an NOL. the amount properly estimated. If you expect to owe tax, file If the corporation is required to file an amended Missouri return to Form MO-7004. carry back a federal NOL, provide the following information with the amended Form MO-1120: FILING AMENDED RETURNS • If the consolidated federal income is positive and you are Form MO-1120 must be used for amending tax year 2015 and forward carrying back a separate company loss, attach a copy of for corporation income tax. The corporation must complete the entire the consolidated Federal Form 1120 page 1 for the separate return using the corrected figures. Complete each line using the company loss year to confirm that there is no consolidated loss corrected amounts. Failure to fill out the entire return will delay the to be carried back. processing of the return. • If the consolidated federal return is a loss for the current tax period and the previous tax periods are consolidated losses, *14000000001* 14000000001 3 |
Enlarge image | For amending tax years prior to the 2015 corporation income tax: • Amended Return — Check the box if the corporation is filing an • Form MO-1120 must be used for amending corporation income amended return. tax for tax years 1993–1999. • Name Change — Check this box if the corporation’s name has • Form MO-FT, must be used for amending corporation franchise changed since filing the previous Form MO-1120. tax for tax years 2000 and prior. • Address Change — Check this box if the corporation’s address • Form MO-1120 and Form MO-FT must be used for amending has changed since filing the previous Form MO-1120. corporation income tax years 2000-2014 and corporation • Final Return and Close Corporation Income Tax Account — franchise tax years 2001-2015. Check this box if the corporation ceased doing business during • Form MO-1120X must be used for amending corporation income the tax period for which this return is being filed. tax for tax year 1992 and prior. • Bankruptcy — Check this box if the corporation has filed for The amended return must contain a complete explanation bankruptcy since filing the previous Form MO-1120 or if the of the reasons for filing the claim or amendment. You must attach any corporation is still in bankruptcy. required schedules or forms to support your claim. If the amended • 1120-C — Check this box if the corporation filed Federal Form return is submitted without the proper attachments it may be partially 1120-C. Per Section 143.511, RSMo, the effective due date for or totally denied. tax-exempt entities filing Federal Form 1120-C is the same as Note: Form MO-1120, Parts 4 and 5 must be completed when applicable. the federal due date. For calendar year filers, this is September 15, 2024. For fiscal year filers, the due date is the 15th day of the A corporation must file an amended return within 90 days of filing ninth month following the close of the taxable year. For entities an amended federal income tax return or within 90 days after the final filing Federal Form 1120-C that are not tax-exempt, the due date is determination of changes made by the Internal Revenue Service the same as a corporation that files Federal Form 1120. (12 CSR 10-2.105 and Section 143.601, RSMo). Attach a copy of the • 990-T — Check this box if the corporation filed Federal Form amended federal return with applicable schedules (e.g., Federal 990-T. Per Section 143.511, RSMo, the effective due date Revenue Agent’s Report, Form 1139, Form 1120X). If the federal for entities filing Federal Form 990-T is the same as the return was not amended, explain why the corporation is amending the federal due date. For calendar year filers, this is May 15, 2024. Missouri return and accompany the explanation with applicable For fiscal year filers, the due date is the 15th day of the fifth schedules. For Missouri forms, access the Department of Revenue’s month following the close of the taxable year. website at dor.mo.gov/forms/. • All Missouri source income is from an interest(s) in a partnership(s)— CONTACT INFORMATION Check this box if the corporation owns a percentage of a partnership(s). The partnership(s)’ factor(s) must be multiplied If you have any questions, you may contact Corporate Tax at by the corporation’s percentage of ownership, and then added (573) 751-4541 or by email at corporate@dor.mo.gov. into the corporation’s apportionment factor by completing Form MO-MS. • Public Law 86-272 — Check this box if Missouri cannot impose FORM MO-1120 MISSOURI CORPORATION income tax on this corporation because the corporation meets TAX LINE-BY-LINE INSTRUCTIONS the requirement(s) of P.L. 86-272. You may complete and attach At the top of the return, fill in the blanks indicating the beginning a Form 4458 to assist the Department in determining whether and ending dates of the tax period. The corporation’s accounting your PL 86-272 is valid. period and method of accounting for Missouri corporation income tax purposes must be the same as for federal income tax purposes LINE 1 - FEDERAL TAXABLE INCOME (12 CSR 10-2.030, 12 CSR 10-2.035, andSections 143.271 and 143.281, RSMo). Enter the total amount of federal taxable income from Federal Form 1120, Line 30. The line numbers for federal taxable income will differ on other federal forms (1120-POL, 1120-H, 1120-SF, 1120-REIT, 990-T, and 1120-C). NAME AND ADDRESS SECTION The corporation’s Missouri Tax I.D. Number, Charter Num ber, and LINE 2 - MISSOURI CORPORATION INCOME TAX & Fed eral I.D. Number must be entered in the spaces provided. Failure CORPORATION INCOME TAX OF OTHER STATES to include the Missouri Tax I.D. Number and Charter Number DEDUCTED IN DETERMINING FEDERAL will delay the processing of the return. Please contact Business TAXABLE INCOME Registration at (573) 751-5860 if you cannot locate or do not have a Missouri Tax I.D. Number. Enter the amount of Missouri corporation income tax deducted in determining federal taxable income (Section 143.141(1), RSMo), and FEDERAL EXTENSION the amount of corporation income taxes from other states, their Select this box if you have an approved federal extension. Attach subdivisions and the District of Columbia deducted in determining a copy of the approved Federal Extension, Form 7004. (Failure to federal taxable income (12 CSR 10-2.160 and Sec tion 143.141(2), check this box may result in disallowing the extension.) RSMo). Do not include St. Louis or Kansas City earnings taxes. A schedule must be attached showing the breakdown of taxes on RETURN TYPE Federal Form 1120, Line 17. • Consolidated Missouri Return — Check this box if filing a Include on Line 2 the income tax (however named) of the following consolidated Missouri return. In order to file a consolidated states taken as a deduction in determining federal taxable income: Missouri return, the corporation must be part of a consolidated Alabama Idaho Missouri (excludes Corporate federal return (12 CSR 10-2.045 and Section 143.431, RSMo). Alaska Illinois Montana License Fee) Form MO-22 must be included for each member of the Arizona (includes Nebraska South Dakota consolidated group when filing the initial consolidated Form Arkansas replacement tax) New Hampshire Tennessee MO-1120 and for each new member added thereafter. California Indiana (Business Profits (excise tax) (income & Iowa Tax) Texas • Consolidated Federal and Separate Missouri Return — Check franchise tax) Kansas New Mexico Utah this box if filing a consolidated federal return and a separate Colorado Kentucky North Carolina Vermont Missouri return. The following information must be included Delaware Louisiana North Dakota Virginia with the Form MO-1120: (1) pro forma Federal Form 1120 plus Florida Maine Oklahoma West Virginia schedules; (2) consolidated Federal Form 1120; (3) consolidated Georgia Maryland Oregon Wisconsin Schedule J; and (4) income statement showing the income and (excludes net worth Michigan Pennsylvania loss of all corporations included in the con soli dated group. tax) Minnesota Rhode Island 4 Hawaii Mississippi South Carolina |
Enlarge image | LINE 3 - MISSOURI MODIFICATIONS - ADDITIONS under Internal Revenue Code section 854, as amended. This amount may have been included in Federal Form 1120, Schedule Enter the net amount from Page 3, Part 1, Line 6. See instructions C, Line 20, Column (a). for completing Part 1. • Any dividend received from a real estate investment trust (REIT) which, for the taxable year of the trust in which the dividend is LINE 4 - TOTAL ADDITIONS paid, qualifies under part II of subchapter M of chapter 1 of subtitle A of the Internal Revenue Code, as amended. This amount may have been Enter the total of Line 2 and Line 3. included in Federal Form 1120, Schedule C, Line 20, Column (a). LINE 5 - MISSOURI MODIFICATIONS - SUBTRACTIONS LINE 11 - ENTERPRISE ZONE OR RURAL Enter the net amount from Page 3, Part 2, Line 14. See instructions for EMPOWERMENT INCOME MODIFICATION completing Part 2. Enter the amount of modification as approved by the Missouri De part ment of Economic Development. LINE 6 - BALANCE LINE 12 - BRING JOBS HOME DEDUCTION Enter the total of Line 1 and Line 4 minus Line 5. If your corporation accrued expenses associated with relocating a LINE 7 - FEDERAL INCOME TAX - CURRENT YEAR business to Missouri you may be eligible for this deduction. Enter the amount of the Bring Jobs Home Deduction approved by the Missouri Enter the amount from Page 4, Part 3, Line 3 or Line 6. See the Department of Economic Development. For additional information instructions for completing Part 3. Consolidated federal or separate visit ded.mo.gov/ or contact the Missouri Department of Economic Development at P.O. Box 118, Jefferson City, MO 65102-0118. The Missouri filers must compute the federal income tax de duc tion per amount of the deduction cannot exceed Line 9 minus Lines 10 and 11. 12 CSR 10-2.090. LINE 8 - TAXABLE INCOME (ALL SOURCES) LINE 13 - MISSOURI TAXABLE INCOME Enter the total of Line 9 minus Lines 10, 11, and 12. Do not enter a Enter the total of Line 6 minus Line 7. negative number. If the result is less than zero, enter zero. LINE 9 - PRELIMINARY MISSOURI TAXABLE INCOME LINE 14 - CORPORATION INCOME TAX If taxable income is 100 percent from Missouri sources, enter the Enter the amount of Line 13 multiplied by 4 percent. Income tax amount from Line 8. If taxable income is not 100 percent from cannot be prorated or annualized. Missouri sources, complete Form MO-MS. Enter the apportionment LINE 15 - RECAPTURE OF MISSOURI method number used (apportionment election 2a, 3, 4, 5, 6, or 7) and LOW INCOME HOUSING CREDIT the appropriate percentage (rounded to three digits to the right of the decimal point, such as 12.345 percent) from Form MO-MS in the If your corporation is required to recapture a portion of any federal low income housing credit(s) taken on a low income housing pro ject, boxes provided. Multiply Line 8 by the percentage and enter the result your corporation is also required to recapture a portion of any Missouri on Line 9. If the corporation owns a percentage of a partnership(s), credits. The Missouri recapture amount is equal to the proportion of the partnership factors must be multiplied by the corporation’s the Missouri credit that equals the proportion the federal recapture percentage of ownership, and then added into the corporation’s amount bears to the original federal low income housing credit apportionment factors by completing Form MO-MS. amount subject to recapture (Section 135.355.2, RSMo). You must attach to your Missouri return a copy of your Federal Form 8611. LINE 10 - MISSOURI DIVIDENDS DEDUCTION LINE 16 - TOTAL TAX If income is 100 percent from Missouri sources, calculate the net Enter the total of Lines 14 and 15. dividend deduction by subtracting Federal Form 1120, Line 29b from Federal Form 1120, Line 4, except as noted below. LINE 17 - TAX CREDITS If income is not 100 percent from Missouri sources, complete Enter the total from Form MO-TC, Line 12. Access the Department of Revenue’s website at: dor.mo.gov/forms/ to download Form MO-TC. Form MO-C. The dividends eligible for deduction (other than nonapportionable dividends) are then multiplied by a percentage LINE 18 - ESTIMATED TAX PAYMENT(S) factor. This percentage factor is from Form MO-MS, Part 1, Line 3. For taxpayers using any other apportionment method, this Enter the total 2023 estimated payment(s) made with Form MO-1120ES. Include any approved overpayment(s) credited from percentage factor is on Form MO-1120, Line 9 Percent. After 2022. If the requested overpayment(s) credited from 2022 has been multiplying such eligible dividends by the appropriate percentage adjusted, you must use the adjusted amount. factor, add to that result the amount of Missouri-allocated If filing a consolidated Missouri return, Form MO-851 (Affiliations Schedule) nonapportionable dividends, and enter the sum on Form MO-C, or a complete list of subsidiary payments must be attached to Form Line 30 and on Form MO-1120, Line 10. MO-1120. The list must in clude each corporation’s Missouri Tax I.D. Num ber. Note: Do not treat the following as dividends, even if income is 100 Enter on Line 18 the total amount withheld from 2023 total percent from Missouri sources. Do not include the following compensation as a nonresident entertainer, as shown on in Column B on Form MO-C. Form(s) MO-2ENT, Line 7. Attach copies of Form MO-2ENT. • Any amount allowed as a federal deduction under Internal LINE 19 - PAYMENTS WITH FORM MO-7004 Revenue Code section 591, as amended (relating to deduction Enter the total payment(s) made with Form MO-7004. for dividends paid by mutual savings banks, etc.). This amount is not included on Federal Form 1120, Schedule C. • Any dividend received from a regulated investment company (RIC) that is not treated or considered as a dividend for purposes of Internal Revenue Code section 243(a), as amended, 5 *14000000001* 14000000001 |
Enlarge image | LINE 20 - AMENDED RETURN ONLY: TAX PAID WITH Workers’ Memorial Fund - This fund has been established to create (OR AFTER) THE FILING OF THE ORIGINAL RETURN a permanent memorial for all workers who suffered a job related death or injuries that resulted in a permanent Enter the amount of tax previously paid on the original return and any disability while on the job in Missouri. Requests for previously filed amended return. information and contributions may be made at any time to: Workers’ Memorial Fund, ATTN: Director’s Office, 412 E. LINE 21 - SUBTOTAL Dunklin St., Jefferson City, MO 65101. (Mini mum contribution: $1) Enter the total of Lines 17 through 20. Childhood Lead Testing Fund - Activities supported by this fund ensure that Missouri children at risk for lead poisoning are tested Enter the total of Lines 18, 19, 20, and 21.LINE 22 - AMENDED RETURN ONLY: OVERPAYMENT, and receive appropriate follow-up activities to protect their IF ANY, AS SHOWN ON ORIGINAL RETURN health and well being from the harmful effects of lead. For OR AS LATER ADJUSTED more information please contact the Missouri State Public Health Laboratory at (573) 751-3334, or e-mail labweb1@health.mo.gov. (Minimum contribution: $1) Enter the amount of overpayment received (or expected to be received) or the amount to be credited to estimated tax, as shown or adjusted on Missouri Military Family Relief Fund - For more information, the original return. Any refund due on the original return will be refunded please contact: Missouri Military Family Relief Fund, 2302 separately from any additional refund claimed on the amended return. Militia Drive, ATTN: JFMO-J1/SS, Jefferson City, MO 65201- 1203. (Minimum contribution: $1) LINE 23 - TOTAL General Revenue Fund - Requests for information and Enter Line 21 minus Line 22. contributions may be made at any time directly to General Revenue Fund, ATTN: Department of Revenue, P.O. Box 3022, LINE 24 - OVERPAYMENT Jefferson City, MO 65105-3022. (Minimum contribution: $1) Organ Donor Program Fund - Contributions support organ and Enter the overpayment if Line 23 is greater than Line 16. tissue donation education and registry operation. For more information, please contact Missouri Department of Health LINE 25 - FUND CONTRIBUTIONS and Senior Services, Organ and Tissue Donor Program, P.O. Box 570, Jefferson City, MO 65102-0570, or call (888) Enter any portion of your corporation income tax overpayment you 497-4564. (Minimum contribution: $2) wish to contribute to the following funds. If you file a balance due return and wish to contribute to the funds, enter the amount in the Kansas City Regional Law Enforcement Memorial Foundation Fund appropriate box and attach a separate check for this amount. The Regional Law Enforcement Memorial Garden honors and celebrates the men and women who have laid down their Missouri Medal of Honor Trust Fund - Supports the cost of lives in the line of duty. Donations can be made directly to maintenance and repair and to help pay renewal fees Kansas City Regional Law Enforcement Memorial Foundation for memorial bridges or memorial signs provided by the Fund at 527 W 39th Street (132.24 mi) Kansas City, MO 64111. Department of Transportation. Donations can be made (Minimum contribution: $1.) directly to Medal of Honor Fund at 105 West Capitol Avenue, Jefferson City, MO 65102 (Minimum contribution: $1.) Soldiers Memorial Military Museum in St. Louis Fund - Supports Soldiers Memorial Military Museum in honoring military service Children’s Trust Fund — Children’s Trust Fund, Missouri’s Foundation members, veterans, and their families, and sharing St. Louis’s for Child Abuse Prevention, is a non-profit organization involvement in the nation’s military history from the American dedicated to the vision of children free to grow and reach Revolution through today. Donations can be made directly their full potential in a nurturing and healthy environment free to Soldiers Memorial Military Museum Fund at P.O. Box 775460 1315 from child abuse and neglect. For more information, please Chestnut St., St. Louis, MO, 63103. (Minimum contribution: $1.) contact: Children’s Trust Fund, ctf4kids.org or call (888) 826-5437. (Minimum contribution: $2) Additional Funds Veterans Trust Fund — The Missouri Veterans Commission’s Veterans If you choose to give to additional funds, enter the two-digit fund code Trust Fund is a means by which individuals and corporations (see below) in the spaces provided on Line 25. If you want to give to may donate money to expand and improve services to veterans more than two additional funds, please submit a contribution directly in Missouri. Con tri bu tions may be made at any time directly to: to the fund. See dor.mo.gov/taxation/individual/trust-funds.html for Veterans Trust Fund, c/o The Missouri Veterans Commission, additional information. P.O. Drawer 147, Jefferson City, MO 65102-0147 or call (573) 751-3779. (Minimum contribution: $2) Donations received from the following funds are designated specifically for Missouri residents. Elderly Home Delivered Meals Trust Fund - The Elderly Home Delivered Meals Trust Fund supports the home delivered meals Funds Codes program for Missouri’s home-bound senior citizens, helping American Cancer Society Heartland Division, Inc., Fund ........ 01 them to continue to live independently in their homes. The need for home delivered meals increases yearly as American Diabetes Association Gateway Area Fund ............ 02 persons are living longer and may need assistance. For more American Heart Association Fund ............................ 03 information, please contact: health.mo.gov/seniors/aaa/index.php. Amyotrophic Lateral Sclerosis (ALS—Lou Gehrig’s Disease) Fund ...05 (Minimum contribution: $2) Muscular Dystrophy Association Fund ........................ 07 March of Dimes Fund ....................................... 08 Missouri National Guard Trust Fund - The Missouri National Guard Trust Fund expands the capability to provide or coordinate Arthritis Foundation Fund ................................... 09 Military Funeral Honors Ceremonies for veterans of Missouri National Multiple Sclerosis Society Fund ...................... 10 and veterans buried in Missouri who have served their Foster Care and Adoptive Parents Recruitment country in an honorable manner. Contributions may be made and Retention Fund ...........................................14 at any time directly to Missouri National Guard Trust Fund, Pediatric Cancer Research Fund ..............................18 ATTN: JFMO-J1/SSH, 2302 Militia Drive, Jefferson City, MO 65101-1203 or call (573) 638-9663. (Minimum contribution: $2) 6 |
Enlarge image | American Cancer Society Heartland Division, Inc., Fund (01) — LINE 28 - UNDERPAYMENT For more information anytime, call toll free (800) ACS-2345 or visit cancer.org. Donations can be sent directly to the Enter the underpayment if Line 16 is larger than Line 23. American Cancer Society at 1100 Pen nsylvania Avenue, Kansas City, MO 64105. (Minimum irrevocable contribution: $1, not to LINE 29 - INTEREST, ADDITION TO TAX, exceed $200) UNDERPAYMENT OF ESTIMATED TAX American Diabetes Asso ci a tion Gateway Area Fund (02) — Enter the amount of interest computed. Simple interest is charged on Request for information may be made by calling all delinquent taxes from the due date of the return until the payment (314) 822-5490 or contacting Gateway Area is received. The simple interest rate, effective January 1, 2024, is 9 Diabetes Association Fund, 15455 Conway Road, per cent per annum (Section 32.065, RSMo). Suite 360, Chesterfield, MO 63017. (Minimum irrevocable contribution: $1, not to exceed $200) ADDITION TO TAX - FAILURE TO FILE American Heart Association Fund (03) - For more Enter the amount of penalty computed. If the return is not filed by the information, please contact: American Heart Association, 460 due date, including extensions of time to file, a penalty of 5 percent N. Lindbergh Blvd., St. Louis, MO 63141-7808, or call (314) (of the unpaid tax) per month (not to exceed 25 percent in the 692-5600. (Minimum irrevocable contribution: $1, not to exceed $200) aggregate) is charged during the period of such failure. ALS Lou Gehrig’s Disease Fund (05) - Call (888) 873-8539 for patient services in Eastern Missouri and (800) 878-2062 ADDITION TO TAX - FAILURE TO PAY for patient services in Western Missouri. (Minimum irrevocable contribution: $1, not to exceed $200) If the tax due is not paid, by the original due date of the return, regardless of an extension of time to file, a penalty of 5 percent (of Arthritis Foundation Fund (09) - Call (314) 991-9333 the unpaid tax) is charged. or visit arthritis.org. Contributions can be made at any time directly to the Arthritis Foundation, 9433 UNDERPAYMENT OF ESTIMATED TAX Olive Blvd. Suite 100, St. Louis, MO 63132. (Minimum irrevocable contribution: $1, not to exceed $200) Enter the addition to tax for underpayment of estimated tax from Form MO-2220, Line 26. If the total payment and credit amount on Foster Care and Adoptive Parents Recruitment and Retention Fund Line 23 is less than 90 percent of the amount on Line 14, or if the (14) - For more information please contact: Missouri Children’s Division, estimated tax payments were not paid in full or timely, addi tions to P.O. Box 88, Jefferson City, MO 65103-0088 or call (573) 522-8024. tax for failure to pay enough estimated taxes may be owed. However, (Minimum contribution: $1) the corporation may be able to meet one of the exceptions explained on Form MO-2220. Attach a completed Form MO-2220. If there is an March of Dimes Fund (08) - Send requests for overpayment on Line 24, the De part ment of Revenue will reduce the information and contributions directly to the March of overpayment by the additions to tax amount (12 CSR 10-2.067 and Dimes Fund, 11829 Dorsett Road, Maryland Heights, MO 63043. (Minimum irrevocable contribution: $1, not to exceed $200) Section 143.761, RSMo). Muscular Dystrophy Asso ci a tion Fund (07) - LINE 30 - AMOUNT DUE Requests for information and contributions may be made at any time directly to: Muscular Dystrophy Association, Enter the total of Line 28 and Line 29. Refer to Page 1, “Time and 222 South Riverside Plaza, Suite 1500, Chicago, IL 60606; (312) Place of Filing and Payment” for payment options. 260-5900. (Minimum irrevocable contribution: $1, not to exceed $200) AUTHORIZATION National Multiple Sclero sis Society Fund (10) - Check the “yes” box for authorization of release of confidential Visit nationalmssociety.org, call (800)FIGHTMS, or information. This authorizes the Missouri Director of Revenue or contact National Multiple Sclerosis Society Fund, delegate to discuss this return and attachments with the preparer 12125 Woodcrest Executive Drive, Suite 320, St. Louis, MO 63141. whose signature appears on the Form MO-1120 or with any member (Minimum irrevocable contribution: $1, not to exceed $200) of their firm or if internally prepared, any member of the internal staff. Pediatric Cancer Research Trust Fund (18) - CureSearch for Children’s If the authorization box is checked “no”, or if no box is checked, the Cancer raises funds to support children’s cancer Missouri Director of Revenue or delegate can only discuss this return research. For more information, visit curesearch.org with an officer of the corporation. Refer to Section 32.057, RSMo. or call (800) 458-6223. (Minimum contribution: $1) SIGNATURE LINE 26 - OVERPAYMENT TO BE APPLIED The Department of Revenue requires the return to be signed by TO NEXT FILING PERIOD an officer of the corporation. Enter the date signed, the title of the Enter the amount of overpayment to be applied to the next filing officer whose signature is affixed, and the corporation’s tele phone period. If filing an amended return do not include the original amount number. Lines are provided for the preparer’s signature (other than requested to be applied to the next filing period. taxpayer), Federal I.D. Number, telephone number, and date. Failure to sign the return will cause a delay in the processing of the return. LINE 27 - REFUND If a paid tax return preparer prepared this return and failed to sign the return or enter the preparer’s tax identification number on the Enter the total of Line 24 minus Line 25 and Line 26. This is the amount return, the paid tax return preparer may be penalized under Section to be refunded. No refund of less than $1.00 will be made. If there 143.980, RSMo. is any other liability owed the state of Missouri, the refund may be applied to that liabilitySections( 143.781, 143.782, 143.783, and 143.784, RSMo). The cor por ation will be notified if any debts are offset with the refund. The Department requires approved refunds of $100,000 or more to be issued electronically. If claiming a refund of $100,000 or more, please file your return electronically to receive your refund by direct deposit to your bank account. Complete Form 5378 and submit with your return. The form is available at dor.mo.gov/forms. Failure to include the form and all required documentation will delay the processing of your return. *14000000001* 7 14000000001 |
Enlarge image | FORM MO-1120, PAGE 3 AND 4 Part 2 - Subtractions LINE-BY-LINE INSTRUCTIONS A detailed explanation of any modification must be attached LINE 1 - INTEREST AND DIVIDENDS FROM to the return. Failure to attach such explanation will delay the EXEMPT FEDERAL OBLIGATIONS (MUST processing of the return. ATTACH SCHEDULE) Part 1 - Additions Enter on Line 1a the amount of interest and dividends from federal obligations to the extent they are exempt from Missouri corporation LINE 1 - STATE AND LOCAL BOND income tax, but subject to federal tax (12 CSR 10-2.150 and INTEREST (EXCEPT MISSOURI) Section 143.121.3(1), RSMo). A detailed list showing the amount of monies received or the percentage of funds received from direct U.S. Enter on Line 1a all interest from state and local bonds, excluding Government obligations must be attached to Form MO-1120. Missouri (Section 143.121.2(2), RSMo). Enter on Line 1b the amount of expenses associated with the state and local bond interest shown on Enter on Line 1b the amount of interest on indebtedness and expenses Line 1a. The expenses must exceed $500. Refer to Section 143.121.2(2), associated with the production of interest and dividend income on RSMo, for further explanation. Enter on Line 1 the net amount of Line federal obligations shown on Line 1a. The expenses must exceed $500. 1a minus Line 1b. Refer to Section 143.121.3(1), RSMo, for further explanation. In arriving at the amount of related expenses, the taxpayer may use actual LINE 2 - FIDUCIARY AND PARTNERSHIP expenses or a reasonable estimate. In general, the taxpayer should use ADJUSTMENT (FROM FORM MO-1041 AND the same or similar method to that used to compute related expenses for federal income tax purposes, provided that the method reasonably FORM MO-1065) reflects related expenses for Missouri exempt income. Enter the share of fiduciary and partnership adjustment as shown on If a taxpayer fails to compute reasonable related expenses, the Form MO-1041, Page 2, Part 1, Line 19, and Form MO-1065, Line Department of Revenue will make adjustments based on the 11 (Section 143.121.4 and 5, RSMo). A copy of Forms MO-1041 information available. If sufficient information is not available, the and MO-1065, must be attached to the Form MO-1120. Department of Revenue will use the following formula to compute LINE 3 - NET OPERATING LOSS MODIFICATION related expenses: If a net operating loss deduction is allowed for this tax year, and if, Exempt Income Expense Reduction to in the tax year of the corresponding net operating loss, the total Total Income X Items = Exempt Income addition modifications exceeded total subtraction modifications, enter the smaller of: (a) The net operating loss deduction attributable to The principal expense item in this formula is interest expense; however, the loss year (the tax year in which the net operating loss occurred); the Department of Revenue may include other expense items because or (b) The cumulative net operating loss deductions attributable to of their direct relationship to the production of exempt income. The the loss year that are allowed for this tax year and all prior tax years taxpayer may propose an alternative method provided that it properly plus the net addition modification (amount that addition modification reflects the amount of related expenses. exceed the subtraction modifications) for the loss year minus the total Enter on Line 1 the net amount of Line 1a minus Line 1b. net operating loss for the loss year. The above items are each considered to be a positive amount for LINE 2 - FEDERALLY TAXABLE - purposes of this calculation. If the result of combining amounts is MISSOURI EXEMPT OBLIGATION negative, enter zero. The amount of any bond issued by the Missouri Higher Education If the total net operating loss deduction for this tax year consists of Loan Authority (MOHELA) including interest or proceeds resulting net operating losses from more than one tax year, calculate the from the sale of the bond is exempt from Missouri tax. If the amount modifications separately for each loss and enter the total. If the total is included in federal taxable income, the amount can be sub tracted addition modifications exceed the total subtraction modifications in from federal taxable income for Missouri tax purposes pursuant to the tax year of the net operating loss, attach Form MO-5090, Net Section 173.440, RSMo. Enter the exempt amount on Line 2 and Operating Loss Modification Work sheet. (Section 143.431.4, RSMo). provide documentation with the return. Note: Your net operating loss deduction is already reflected on LINE 3 - AGRICULTURE DISASTER RELIEF Form MO-1120, Line 1. Enter the amount of income your corporation received as payment LINE 4 - DONATIONS CLAIMED FOR THE FOOD from any program which provides compensation to agricultural producers who have suffered a loss as the result of a disaster or PANTRY TAX CREDIT THAT WERE DEDUCTED emergency (Section 143.121.3(10), RSMo). You must attach a copy of FROM FEDERAL TAXABLE INCOME the Form 1099 indicating your agricultural payment. For additional Enter the total amount of donations claimed for the Food Pantry Tax information, visit dor.mo.gov. Credit included on Form MO-1120, Line 18, that were also taken as a deduction on the Federal Form 1120 return (Section 135.647, RSMo). LINE 4 - PREVIOUSLY TAXED INCOME Enter the amount of any income or gain included in federal taxable LINE 5 - BUSINESS INTEREST EXPENSE CARRYFORWARD income to the extent it was properly reported as income or gain on Enter any interest expense paid or accrued in a previous taxable a prior Form MO-1120, Corporation Income Tax Return, filed under year, but allowed as a deduction under 26 U.S.C. Section 163, as Missouri laws in effect prior to January 1, 1973 (Section 143.121.3(3), amended, in the current taxable year by reason of the carryforward RSMo). of disallowed business interest provisions of 26 U.S.C. Section 163(j), as amended. (Section 143.121.2(6), RSMo) LINE 5 - AMOUNT OF ANY STATE INCOME TAX REFUND INCLUDED IN FEDERAL TAXABLE INCOME LINE 6 - TOTAL Enter the amount of any state income tax refund for a prior year that Add Line 1 through Line 5. Enter the total amount of Line 1 through was included in the federal taxable income for the current year Line 5. Also enter amount on Form MO-1120, Line 3. (Section 143.121.3(5), RSMo). *14000000001* 14000000001 8 |
Enlarge image | LINE 6 - CAPITAL GAIN EXCLUSION FROM THE LINE 10 - DEPRECIATION RECOVERY ON QUALIFIED SALE OF LOW INCOME HOUSING PROJECT PROPERTY THAT IS SOLD Enter the excludable amount of gain resulting from the sale of Enter on Line 10 any depreciation that was previously not recovered a low income project subsidized by the Federal Department of when an asset is sold or otherwise disposed of and federal bonus Housing and Urban Development to a nonprofit or governmental depreciation was previously taken (Section 143.121.3(9), RSMo). organization, agreeing to pre serve or increase the low income occupancy of the project. A copy of Federal Form 4797 must be LINE 11- BUILD AMERICA AND RECOVERY attached to verify the exclusion. ZONE BOND INTEREST For those owners whose low income project has at least 40 percent Enter the share of Build America and Recovery Zone Bond interest of its units occupied by persons or families having income of 60 received (Section 108.1020, RSMo). percent or less of the median income, the exclusion shall equal 25 percent of the capital gain. LINE 12 - MISSOURI PUBLIC-PRIVATE LINE 7 - FIDUCIARY AND PARTNERSHIP PARTNERSHIPS TRANSPORTATION ACT ADJUSTMENT (FROM FORM MO-1041 Enter the share of income received under the Missouri Public-Private AND FORM MO-1065) AND OTHER Partnerships Transportation Act (Section 227.646, RSMo). Fiduciary and Partnership Adjustment - Enter the share of fiduciary LINE 13 - DISALLOWED BUSINESS INTEREST EXPENSE and partnership adjustment as shown on Form MO-1041, Page 2, Part 1, Line 20 and Form MO-1065, Line 12 (Section 143.121.4 and 5, RSMo). Enter any interest expense paid or accrued in the current taxable year, Copies of any Forms MO-1041 or MO-1065 must be attached to the but not deducted on the federal return as a result of the limitation Form MO-1120. imposed under 26 U.S.C. Section 163(j), as amended. (Section 143.121.3(11), RSMo) Marijuana Business Deduction - Enter the amount that is eligible to be claimed as a federal income tax deduction but is disallowed LINE 14 - TOTAL by section 280E of the Internal Revenue Code. This deduction is Add Line 1 through Line 13. Enter the amount on Line 14 and on Form exclusively limited to taxpayers authorized to do business under MO-1120, Page 1, Line 5. Article XIV of Missouri’s Constitution. The Missouri deduction will be the difference between the profit/loss Part 3 - Federal Income Tax as calculated on the schedule(s) filed with the federal return and the pro forma schedule(s) described above. Enter the amounts of federal income tax on Line 1 and Line 2. The You must submit the financial statement, schedule(s), your medical instructions for entering the federal income tax are found on each license number (MED), if any, and all federal schedule(s) with your line number. The line numbers will differ on other federal forms Missouri Form MO-1120 to claim the deduction. (1120POL, 1120H, 1120REIT, 990T, and 1120C). Add Line 1 and Line 2; multiply total by 50 percent; and enter the result on Line 3 and on Federal Broadband Grant Income Tax Subtraction - Taxpayers can Form MO-1120, Page 1, Line 7. now receive a subtraction from their federal taxable income of 100% of the federal grant money they receive, for the purpose of providing If filing a consolidated federal and separate Missouri return, the federal or expanding broadband internet to the areas of the state that are income tax deduction must be com puted as follows: deemed to be lacking broadband internet access. This subtraction only applies to grant funds received on or after August 28, 2023, LINE 1 and only applies to the extent the granted funds are included in Enter federal tax from the consolidated Schedule J, Line 11. federal taxable income. You must submit a statement, and all federal schedule(s) with your Missouri Form MO-1120 to claim this deduction LINE 2 (Section 143.121, RSMo). Enter the foreign tax credit from the consolidated Schedule J, Line 5a. LINE 8 - MISSOURI DEPRECIATION BASIS ADJUSTMENT LINE 3 Enter on Line 8 the difference between the federal and Missouri Add Lines 1 and 2 and enter 50% of total. depreciation calculated on assets purchased between July 1, 2002 and June 30, 2003. See Section 143.121.3(7), RSMo, for more LINE 4 information. Enter the amount of separate company federal taxable income. LINE 9 - SUBTRACTION MODIFICATION OFFSETTING LINE 5 PREVIOUS ADDITION MODIFICATION FROM A NET OPERATING LOSS (NOL) DEDUCTION FROM AN Enter the total of all positive separate company federal taxable APPLICABLE YEAR incomes. Do not include companies which incurred a loss. LINE 6 Enter on Line 9 any applicable net operating loss carryback that was previously treated as an addition modification on the Missouri Divide Line 4 by Line 5 and enter the result as a percentage in the return because the net operating loss was carried back more than box on Line 6 (round percentage to four digits to the right of the two years from the loss year on the federal return. For example, any decimal point, such as 12.3456 percent). Multiply Line 3 by the applicable 2018 through 2021 NOL carryback that was previously percentage and enter on Part 3, Line 6 and on Form MO-1120, Page treated as an addition modification on the Missouri return for the 1, Line 7. Refer to 12 CSR 10-2.090 and 12 CSR 10-2.165 for further 2013 through 2017 tax years. Do not enter a loss amount that has explanation. Attach the consolidated Federal Form 1120, con soli- previously been reported on Line 9 for a prior tax year. Do not enter dated Schedule J, and an income statement or summary of profit any loss amount if the tax year for which this return is filed is more companies. than twenty years past the year of the initial loss. Do not enter any loss amount which was treated as an addition modification pursuant Part 4 - Amended Reason to (Section 143.121.2(4), RSMo), on or before June 18, 2002. (Section 143.121.2(4), RSMo). Check the box that indicates the reason for filing this amended return. Note: Only enter the amount needed on this return. A separate Form MO-1120 must be completed for each reason. The applicable Federal Form 1139, 1120X, 4549, 4549A, 870AD, or 5278 9 must be attached. |
Enlarge image | A separate Form MO-1120 must be filed for each amendment reason. GENERAL INSTRUCTIONS If there is more than one loss year carryback, a separate Form MO-1120 must be filed for each loss year. For example, if you have Complete the Form MO-MS if taxable corporation income is not 100 an IRS audit or federal correction that in cludes a Net Operating Loss, percent from Missouri sources. This form must be completed even if one amended return must be filed for the federal audit and a separate Missouri taxable corporation income is zero. If the corporation owns a amended return must be filed for the NOL. percentage of a partnership(s), the partnership factors must be The amended return must contain a complete explanation of the multiplied by the corporation’s percentage of ownership, and then reason(s) for filing the claim or amendment. You must attach any added into the corporation’s apportionment factors. All taxpayers that required schedules or forms to support your claim. If the amended do not qualify for a Special Method (Methods Three through Seven) return is submitted without the proper attachments it may be partially must choose Method Two A - Receipts Factor Apportionment. or totally denied. APPORTIONMENT ELECTION Part 5 - Amended Return Loss Carryback or Missouri statutes provide a number of methods for determining Federal Tax Credit Carryback Missouri taxable income from Missouri sources. Choose only the appropriate one of the listed methods and enter the method number Complete when there is a loss carryback or credit carryback. A loss on Form MO-1120, Line 9 Method. Once an election has been made, it would include an NOL, capital loss, or product liability loss. A loss cannot be changed with respect to the same taxable period. carryback is required to be filed by the 15th day of the 39th month following the end of the loss year (Section 143.801.6, RSMo). Lines METHOD TWO A 2 and 3 should reflect the total net operating loss or capital loss carryback. Receipts Factor Apportionment — Section 143.455.2, RSMo. See Line 4 should reflect the difference between the original and amended instructions for completing Method Two A. federal income tax deductions for Missouri Form MO-1120, Line 7. A METHOD THREE separate Form MO-1120 must be filed for each loss year carryback. Note: Missouri does not allow an NOL to be carried back more than Transportation — Section 143.455.14, RSMo. two years; the amount of an NOL carried back more than two years results in an addition modification for the carryback year. (Section METHOD FOUR 143.121.2(4), RSMo). An NOL disallowed (added back) on this basis Railroad — Section 143.455.15, RSMo. may be carried forward for 20 years from the loss year. See Form MO-1120, Part 2, Line 9. METHOD FIVE Interstate Bridge — Section 143.455.16, RSMo. ASSEMBLE YOUR RETURN METHOD SIX Assemble any forms and schedules behind Form MO-1120. If you have supporting documentation, arrange in the same order of the Telephone and Telegraph — Section 143.455.17, RSMo. forms and schedules they support and attach behind the schedule they support. METHOD SEVEN RELEASE OF INFORMATION This method can be used only with prior approval from the Missouri Director of Revenue or pursuant to a Missouri regulation The Department of Revenue can only release confidential information to corporate officers, authorized individuals hav ing power of attorney, creating an alternative industry-specific method under Section the preparer, or any member of their firm, or if internally prepared, 143.455.13(1), RSMo. any member of the internal staff, when the authorization box is checked. When the authorization box is checked, this authorizes the Receipts Factor Apportionment Instructions - Step 1 Missouri Director of Revenue or delegate to discuss this return and attachments with the preparer whose signature appears on the Form A taxpayer must have income from business activity taxable by this MO-1120 or with any member of their firm or if internally prepared, any state and at least one other state to apportion and allocate income. member of the internal staff. Income from business activity includes apportionable and The Department of Revenue strives to assist taxpayers in their nonapportionable income. The taxpayer’s income will be allocated inquiries; however, the Department of Revenue is bound by and apportioned according to Section 143.455. The taxpayer must confidentiality statutes dealing with the release of confidential determine which portion of the taxpayer’s federal taxable income information. If you are contacting the Department of Revenue constitutes “nonapportionable income.” The various items of regarding financial information of a corporation, refund issuance, nonapportionable income are directly allocated to specific states, or filing status of a corporation, you will be asked to identify your which may include Missouri. The apportionable income of the taxpayer position with the corporation. If you are an officer of the corporation, is divided between states by using the receipts factor. The sum of an authorized individual having power of attorney, the preparer the items of nonapportionable income directly allocated to this state, or any member of their firm, or if internally prepared, any member plus the amount of apportionable income attributable to this state by of the internal staff, the authorization box on the form must have the apportionment formula constitutes the amount of the taxpayer’s been checked for the Department of Revenue to release financial information. To prevent delays in answering questions, you must Preliminary Missouri taxable income. provide the Department of Revenue with a Form 2827, Power of Items of nonapportionable income may be reported on Form MO-MS Attorney, prior to making the inquiry. This also applies to employees or Form MO-NAI only to the extent such items are included in Form of the corporation. This form must list the tax type, the tax form, and MO-1120, Line 8 (Taxable Income – All Sources). For example, an item tax year(s) in question. These procedures are to protect the taxpayer of nonapportionable income that was added on Form MO-1120, Line from unauthorized disclosure of financial records. To update corporate officers, send Form 126 : Taxation Division, P.O. Box 3300, Jefferson 3, would also be reported on Form MO-MS and Form MO-NAI. If all City, MO 65105-3300 or email at corporate@dor.mo.gov. or part of an item of nonapportionable income was subtracted on Form MO-1120, Line 5, do not report the amount of nonapportionable income so subtracted on Form MO-MS or Form MO-NAI. FORM MO-MS INSTRUCTIONS This information is for guidance only and does not state the complete law. *14000000001* 14000000001 10 |
Enlarge image | in Missouri by the purchaser. Receipts from the rental, lease, APPORTIONABLE AND NONAPPORTIONABLE or license of tangible personal property are in this state to the INCOME DEFINED extent that the tangible personal property is located in Missouri. “Apportionable income” means all income that is apportionable • Real Property. Receipts from the sale, rental, lease, or license under the Constitution of the United States and is not allocated of real property are in this state to the extent that the real under the laws of this state. Apportionable income includes, but property is located in Missouri. is not limited to, income arising from transactions and activity • Services .Receipts from the sale of a service are in this state if in the regular course of the corporation’s trade or business. and to the extent that the ultimate beneficiary is in Missouri. Apportionable income also includes, but is not limited to, income Generally, the ultimate beneficiary of the service (except for bartering and similar in-kind transactions) is the entity that arising from tangible and intangible property if the acquisition, receives benefit or value from, but does not also receive management, employment, development, or disposition of the monetary or credit-based payment in direct connection with, property is or was related to the operation of the corporation’s the service at issue (other than refunds, cashback, or discount- trade or business. “Nonapportionable income” means all income equivalents). In the event that the ultimate beneficiary is a other than apportionable income. The classification of income by corporate or other entity that owns or operates in locations in the labels customarily given them, such as interest, dividends, rents, multiple states, and the extent to which the ultimate beneficiary and royalties, is not conclusive in determining whether the income is located in Missouri cannot reasonably be determined, the is apportionable or nonapportionable income. Nonapportionable extent to which the ultimate beneficiary is located in Missouri may be reasonably approximated as follows: income will be considered only if a detailed Form MO-NAI is completed and attached. • The ratio of the number of Missouri locations, which the ultimate beneficiary owns or operates in, to the number of TAXABLE IN ANOTHER STATE such locations throughout the United States. A taxpayer is “taxable in another state” if it meets either one of two • If the ratio above cannot reasonably be determined, then the tests: ratio of one to the number of states in which the ultimate beneficiary operates. (a) if by reason of business activity in another state the taxpayer • If the ratio above cannot reasonably be determined, then use is subject to one of these taxes: a net income tax, a franchise tax fifty percent (50%). A taxpayer will not be subject to an addition measured by net income, a franchise tax for the privilege of doing to tax for negligence in relying upon this approximation of fifty business, or a corporate stock tax; or percent (50%). (b) if another state has jurisdiction to subject the taxpayer to a net RENTAL, LEASE, OR LICENSE income tax, regardless of whether or not that state imposes such a OF INTANGIBLE PROPERTY tax on the taxpayer. Receipts from the rental, lease, or license of intangible property The first test is applicable only if a taxpayer carries on business are in this state to the extent that the intangible property is used in activities in another state. If the taxpayer voluntarily files and pays Missouri. Intangible property that is rented, leased, or licensed and one or more of such taxes when not required to do so by the laws then used in this state in marketing a good or service to a consumer of that state or pays a minimal fee for qualification, organization, or is used in this state if the marketed good or service is purchased by a for the privilege of doing business in that state, but: consumer in this state. Franchise fees or franchise royalties received (a) does not actually engage in business activities in that state; or for the rent, lease, license, or use of a trade name, trademark, service mark, or franchise system, or the right to conduct business activity in (b) does actually engage in some activity, not sufficient for nexus, a specific geographic area, are receipts in this state to the extent that and the minimum tax bears no relation to the corporation’s the franchise is located in this state. activities within such state, the taxpayer is not “taxable” in another state. SALE OF INTANGIBLE PROPERTY The second test applies if the taxpayer’s business activities are sufficient to give the state jurisdiction to impose a net income Receipts from the sale of intangible property are in this state to the tax under the Constitution and statutes of the United States. extent the intangible property is used in Missouri. If the intangible property sold is a contract right, government license, or Jurisdiction to tax is not present where the state is prohibited similar property that authorizes the holder to conduct a business from imposing the tax by reason of the provisions of Public Law activity in a specific geographic area, such intangible property is used 86-272, 15 U.S.C.A. Sections 381–385. If you believe you do not in Missouri if the geographic area includes all or part of Missouri. If have sufficient nexus and you are not liable for Missouri tax, you receipts from the intangible property sale is contingent on the may complete a Form 4458, Business Activity Questionnaire. For productivity, use, or disposition of the intangible property, these Missouri forms access the Department of Revenue’s website at dor. receipts shall be treated as receipts from the rental, lease, or license mo.gov. of intangible property. All other receipts from a sale of intangible property shall be excluded from both the numerator and the LINES 1, 2, AND 3 - RECEIPTS FACTOR denominator of the receipts factor. If the state or states to which to assign receipts cannot be Complete Part 1, Lines 1 through 3. determined, the state or states of assignment must be reasonably • The denominator of the receipts factor is generally all gross approximated and you must attach a detailed statement explaining receipts received by a taxpayer from transactions and activity the basis of the reasonable approximation. in the regular course of its trade or business. However, receipts from hedging transactions or from the maturity, redemption, LINES 4 THROUGH 12 - ALLOCATION OF sale, exchange, loan, or other disposition of cash or securities NONAPPORTIONABLE INCOME (e.g. stocks, stock options, bonds) must not be included in either the numerator or denominator of the receipts factor. The Complete Lines 4 through 12 if the taxpayer has either numerator of the receipts factor is generally all gross receipts in nonapportionable income or a net operating loss on Federal Form Missouri from transactions and activity in the regular course of 1120, Line 29a, or both. the taxpayer’s trade or business. • Tangible Personal Property. Receipts from the sale of tangible personal property are in this state if the property is received *14000000001* 11 14000000001 |
Enlarge image | Nonapportionable income will be considered only if a detailed Form MO-NAI is completed and attached. In general, any income LINE 10 - APPORTIONED NET OPERATING LOSS arising from transactions and activity in the regular course of the Apportion the net operating loss by multiplying it by a ratio. The taxpayer’s trade or business, or any income arising from property numerator and the denominator of the ratio are both determined if the acquisition, management, employment, development, or without including the net operating loss deduction. The numerator of disposition of the property is or was related to the operation of the the ratio is the Missouri Taxable Income calculated on Form MO-1120, taxpayer’s trade or business, will be apportionable income rather Line 13, with the amount of the net operating loss added back. The than nonapportionable income denominator of the ratio is the Missouri Taxable Income calculated Rents and royalties from real or tangible personal property, capital as though all income, including all corporate dividends and all gains, interest, dividends, or patent or copyright royalties, are nonapportionable income, was derived from Missouri sources, with presumed to be apportionable income unless the taxpayer clearly the amount of the net operating loss added back. Attach a detailed demonstrates on Form MO-NAI that they are nonapportionable schedule showing how you calculated this ratio. Multiply the ratio by income. To the extent one or more of these income items are the net operating loss from MO-MS, Part 1, Line 5, and enter the result nonapportionable income, allocate such item(s) as follows: on Form MO-MS, Part 1, Line 10. The ratio must not exceed 100%. (a) Net rents and royalties from real property located in this Method Three, Four, Five, or Six Instructions state are allocable to this state. Enter Missouri miles, total miles, and percentage in the Apportionment (b) Net rents and royalties from tangible personal property are Election section on Form MO-MS, Page 1, if applicable. Enter the allocable to this state: (1) if and to the extent that the resulting mileage percentage on Form MO-MS, Part 1, Line 3 and Form property is utilized in this state; or (2) in their entirety if MO-1120, Line 9, unless required to complete Form MO-MS, Part 1, the taxpayer’s commercial domicile is in this state and the Lines 4 through 12 as discussed below. If the mileage percentage on taxpayer is not organized under the laws of, or taxable in, the Form MO-MS, Page 1, is inapplicable, attach a detailed explanation of state in which the property is utilized. The extent of how apportionment and allocation was performed. utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a If the mileage percentage on Form MO-MS, Page 1, is inapplicable, fraction, the numerator of which is the number of days the or if the taxpayer utilizes any net operating loss for this tax year, or property was physically located in the state during the rental if the taxpayer has included in Taxable Income - All Sources (Form or royalty period in the taxable year and the denominator of MO-1120, Line 8) any item of income to be allocated (as opposed which is the number of days of physical location of the to apportioned), the taxpayer must complete Form MO-MS, Part 1, property everywhere during all royalty or rental periods Lines 4 through 12 and enter the resulting percentage from Form during the taxable year. If the physical location of the MO-MS, Part 1, Line 12 onto Form MO-1120, Line 9 Percent. When property during the rental or royalty period is unknown or completing Form MO-MS, Part 1, Lines 7 and 9, enter income allocated unascertainable by the taxpayer, tangible personal property (as opposed to apportioned) everywhere and income allocated to is utilized in the state in which the property was located at Missouri, respectively, to the extent they are items included in Taxable the time the rental or royalty payor obtained possession. Income – All Sources (Form MO-1120, Line 8). Attach a detailed explanation supporting any allocation (as opposed to apportionment) (c) Capital gains and losses from sales of real property located of income. in this state are allocable to this state. Method Seven Instructions (d) Capital gains and losses from sales of tangible personal property are allocable to this state if: (1) the property had a This method can only be used with prior approval from the Missouri situs in this state at the time of the sale; or (2) the taxpayer’s Director of Revenue or pursuant to a Missouri regulation creating an commercial domicile is in this state and the taxpayer is not alternative industry-specific method under Section 143.455.13(1), taxable in the state in which the property had a situs. RSMo. At latest sixty days before the close of the tax year to which (e) Capital gains and losses from sales of intangible personal alternative apportionment is sought to apply, a taxpayer may file a property are allocable to this state if the taxpayer’s petition for alternative apportionment, following all requirements of commercial domicile is in this state. 12 CSR 10-2.076 and section 143.455.13(2), RSMo, by emailing the petition to corporate@dor.mo.gov. Attach a detailed explanation (f) Interest and dividends are allocable to this state if the of how any allocation and apportionment was performed. Either taxpayer’s commercial domicile is in this state. a letter of approval must be attached to the return or the detailed (g) Patent and copyright royalties are allocable to this state: (1) explanation must identify the Missouri regulation that authorizes if and to the extent that the patent or copyright is utilized by the industry-specific method used and explain why the taxpayer the royalty payor in this state; or (2) if and to the extent that qualifies for the industry-specific method. The only industry- the patent or copyright is utilized by the royalty payor in specific method currently allowed by Missouri regulation applies a state in which the taxpayer is not taxable and the to broadcasters under 12 CSR 10-2.260. Corporations defined as a taxpayer’s commercial domicile is in this state. A patent broadcaster under 12 CSR 10-2.260 must choose Method Seven. is utilized in a state to the extent that it is employed in Complete Form MO-MS, Part 1, Lines 4 through 12 and enter the production, fabrication, manufacturing, or other processing in resulting percentage from Form MO-MS, Part 1, Line 12 onto Form the state or to the extent that a patented product is produced MO-1120, Line 9 Percent. When completing Form MO-MS, Part in the state. 1, Line 3, substitute the appropriate apportionment percentage A copyright is utilized in a state to the extent that printing or (without taking into account allocation or NOL apportionment) other publication originates in the state. If the basis of for the Receipts Factor. When completing Form MO-MS, Part 1, receipts from patent royalties or copyright royalties does not Lines 7 and 9, enter income allocated (as opposed to apportioned) permit allocation to states or if the accounting procedures everywhere and income allocated to Missouri, respectively, to the do not reflect states of utilization, the patent or copyright extent that item is included in Taxable Income – All Sources (Form is utilized in the state in which the taxpayer’s commercial MO-1120, Line 8). Include on the detailed explanation attachment domicile is located. support for any allocation (as opposed to apportionment) of Note: For allocation purposes, “commercial domicile” means the income. Unless the approved method or Missouri regulation directs principal place from which the trade or business of the taxpayer is otherwise, the Apportioned NOL entered on Form MO-MS, Part 1, directed or managed. Line 11 must be determined in a manner consistent with Section 143.455.19, RSMo. *14000000001* 14000000001 12 |
Enlarge image | Pursuant to Section 105.1500, RSMo, the Department of Revenue is prohibited from requiring any entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code, or any individual, to provide the Department with any list, record, register, registry, roll, roster, or other compilation of data of any kind that directly or indirectly identifies a person as a member, supporter, volunteer of, or donor of financial or nonfinancial support to, any entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code. Nothing in this form should be read or understood as a requirement that you provide any such information. Notwithstanding any publication, webpage, form, instruction, regulation, or statement shared by the Department, you are not required to include such information on this form. If you encounter any technical difficulty in submitting this form without including information that you believe is protected by Section 105.1500, RSMo, feel free to contact the Department by email at corporate@dor.mo.gov or by phone at 573-751-4541. Final Checklist Before Mailing r Are you a corporation filing a Federal Form 990, 990-EZ, 990-N, or 990-PF? If yes, do not file a Form MO-1120. r Did an officer of the corporation sign Form MO-1120? r Did you review your completed return? r Are the corporation name, address, and I.D. numbers correctly shown on the return? r Are your beginning and ending filing periods shown on the Form MO-1120? r Have you verified all math calculations? r Did you receive a federal extension of time to file your return? If so, have you attached a copy of the federal extension (Federal Form 7004) and checked the box on the first page of the MO-1120? r Have you attached a copy of the federal form or pro forma and sup porting schedules? r Have you addressed your envelope to the proper address? r Did you enter your Missouri Tax I.D. Number? If you do not know your Missouri Tax I.D. Number, an officer must call Business Registration at (573) 751-5860. r Did you enter your Charter Number? If you do not know your Charter Number, call (866) 223-6535. *14000000001* 14000000001 13 |