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2023
Form
MO-PTE
Pass-Through Entity Income Tax Return
Tax Deadline is April 15. See page 2 for extensions.
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2023
Form
MO-PTE
Pass-Through Entity Income Tax Return
Tax Deadline is April 15. See page 2 for extensions.
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figures. Complete each line using the corrected amounts. Failure to
FORM MO-PTE fill out the entire return will delay the processing of the return.
GENERAL INFORMATION You must attach any required schedules or forms to support any
This information is for guidance only and does not state the complete law. claim of refund on the amended return. Note: An amended return
reducing pass-through entity income tax liability may result in a
FILING REQUIREMENTS FOR FORM MO-PTE reduction or elimination of PTE Tax Credits for all members. If the
amended return is submitted without the proper attachments it
For tax years ending on or after December 31, 2022, a partnership may be partially or totally denied.
or S corporation may elect to become an affected business entity
for a tax year. The entity will make such election on its affected A pass-through entity must file an amended return within 90 days of
business entity tax return Form MO-PTE. A separate election must filing an amended federal partnership or S corporation income tax
be made for each tax year. For more information concerning the return or within 90 days after the final determination date of federal
Missouri pass-through entity tax, see Section 143.436, RSMo. adjustments (12 CSR 10-2.105 and Section 143.601, RSMo). Attach
a copy of the amended federal return with applicable schedules.
AFFECTED BUSINESS ENTITY ELECTION If the federal return was not amended, explain why the pass-
through entity is amending the Missouri return and accompany the
explanation with applicable schedules. For Missouri forms, access
If you are electing to become an affected business entity and the Department of Revenue’s website at dor.mo.gov/forms/.
consent to become subject to the tax imposed by Section 143.436,
RSMo, for the tax period for which this return is filed, select the box
on Form MO-PTE. CONTACT INFORMATON
If an election to become an affected business entity has been made If you have any questions, you may contact Corporate Tax at (573)
for a tax year, the election cannot be revoked for that tax year. 751-4541 or by email at corporate@dor.mo.gov
TIME AND PLACE OF FILING AND PAYMENT
FORM MO-PTE LINE-BY-LINE
Pass-through entity income tax returns are due on or before the
15th day of the fourth month following the end of the tax year. INSTRUCTIONS
Example: Taxable period of January 1, 2023, to December 31, 2023; At the top of the return, fill in the blanks indicating the beginning
due April 15, 2024. and ending dates of the tax period. The pass-through entity’s tax year
Note: When the due date falls on a Saturday, Sunday, or a legal and method of account for Missouri pass-through entity income tax
purposes must be the same as for federal income tax purposes
holiday, the return and payment will be considered timely if made on (12 CSR 10-2.035, Sections 143.271 and143.281, RSMo).
the next business day.
ROUNDING ON MISSOURI RETURN
Mail your return and payment to: Missouri Department of NAME AND ADDRESS SECTION
Revenue, P.O. Box 3080, Jefferson City, MO 65105-3080.
The Pass-through entity’s Missouri Tax I.D. Number must be entered
EXTENSION OF TIME TO FILE AND PAY in the spaces provided. Failure to include the Missouri Tax I.D. Number
will delay the processing of the return. Please contact Business Tax
If a partnership or S corporation has been granted an extension Registration at (573) 751-5860 or businesstaxregister@dor.mo.gov if
of time to file its federal income tax return, the time for filing you cannot locate or do not have a Missouri Tax I.D. Number.
the Missouri pass-through entity income tax return is hereby
automatically extended. The length of this extension, from RETURN TYPE
the original Form MO-PTE deadline, is equal to the number of
months by which the federal income tax return filing deadline was • Amended Return — Check the box if the pass-through entity is
extended, but not to exceed six months. Example: A partnership’s filing an amended return.
federal Form 1065 filing deadline was extended from March 15, • Name Change — Check this box if the pass-through entity’s
2024 (original due date), to September 15, 2024. That partnership’s name has changed since filing the previous Form MO-PTE.
Form MO-PTE deadline is extended to October 15, 2024. Select the
box at the top of the form indicating you have an approved federal • Address Change — Check this box if the pass-through entity’s
extension and attach a copy of the Federal Extension, Form 7004, address has changed since filing the previous Form MO-PTE.
to the MO-PTE. (Failure to check this box and provide a copy of the • Final Return and Close Pass-Through Entity Income Tax Account —
extension may result in disallowing the extension.) Check this box if the pass-through entity ceased doing business
during the tax period for which this return is being filed.
An extension of time to file will extend the time for payment of the
tax. The pass-through entity must pay the tax on or before the • Bankruptcy — Check this box if the pass-through entity has
extended due date to avoid a 5 percent addition to tax. However, filed for bankruptcy since filing the previous Form MO- PTE or
simple interest will be calculated from the original return due date if the pass-through entity is still in bankruptcy.
until the tax is paid. • Public Law 86-272 — Check this box if Missouri cannot impose
income tax on this pass-through entity because the pass-through
ROUNDING ON MISSOURI RETURN entity meets the requirement(s) of P.L. 86-272.
Rounding is required on your tax return. Zeros have been placed
in the cents columns on your return. For 1 cent through 49 cents, LINE 1 - SUM OF SEPARATELY AND NONSEPARATELY
round down to the previous whole dollar amount. For 50 cents COMPUTED ITEMS
through 99 cents, round up to the next whole dollar amount. Enter the sum of separately and nonseparately computed items
Example: Round $32.49 down to $32.00 under Internal Revenue Code Sections 702(a) (for partnerships) or
Round $32.50 up to $33.00 1366 (for S corporations).
FILING AMENDED RETURNS For S corporations, enter the amount from Federal Form 1120S,
Schedule K Line 18.
To file an amended pass-through entity income tax return, use Form For partnerships, enter the amount from federal Form 1065, Page
MO-PTE. Select the box at the top of Form MO-PTE. The pass- 6, Analysis of Net Income (Loss), Line 1, less federal Form 1065,
through entity must complete the entire return using the corrected Schedule K, Line 4 (but only to the extent the amount on Schedule
2 K, Line 4 is not already deducted on Schedule K, Lines 13a-e).
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If the sum of separately and nonseparately computed items differs
from the amount calculated using the instructions above, enter LINE 8 - MISSOURI NET LOSS
on Line 1 the sum of separately and nonseparately computed
items as described in Internal Revenue Code Sections 702(a) (for This is not applicable for the affected business entity’s first year filing
partnerships) or 1366 (for S corporations), and attach a detailed Form MO-PTE. If it is the first year filing Form MO-PTE, enter $0.
explanation, with calculations, clearly showing how the figure
reported constitutes the partnership or S corporation’s sum of Enter the total amount of Missouri net loss reported on Form
separately and nonseparately computed items. MO-PTE and carried forward from one or more prior tax years to be
used for this tax year. Do not include any amount of Missouri net loss
LINE 2 - TOTAL ADDITIONS from a prior tax year that has already been carried forward and used
in calculating Missouri Net Income for a different tax year. Do not use
Enter the total additions from Page 3, Part A, Line 5. an amount of Missouri net loss from a prior tax year to reduce the
Missouri net income below $0 for this tax year.
LINE 3 - TOTAL SUBTRACTIONS If the amount to be reported on Line 9 would be $0 or below zero
without utilizing any Missouri net loss carryforward from a prior tax
Enter the total subtractions from Page 3, Part A, Line 12. year, enter $0 on Line 8.
LINE 4 - FEDERAL QUALIFIED BUSINESS INCOME If the affected business entity has any available loss balances from prior
DEDUCTION tax year(s), attach a schedule showing the remaining loss balances from
each tax year for which the affected business entity had a net loss.
Compute the affected business entity’s federal qualified business
income deduction as if it was allowed to take such a deduction for LINE 9 - MISSOURI NET INCOME (LOSS)
federal tax purposes under 26 U.S.C. Section 199A. For example, the Enter the total of Line 6 minus Lines 7 and 8.
income figures (e.g. the net capital gain, the taxable income as that
term is used in IRC § 199A) of the partnership or S corporation itself LINE 10 - PASS-THROUGH ENTITY INCOME TAX
are used in preparing the pro forma federal Form 8995 or 8995-A to
be attached to the Form MO-PTE. Generally, only affected business Enter the amount of Line 9 multiplied by 4.95 percent.
entities that engage in or are treated as engaging in a qualified If the result is less than zero, enter zero.
trades or businesses, as specified by the IRS, are eligible for this
deduction. LINE 11 - TAX CREDITS
Attach a pro forma federal Form 8995 or Form 8995-A showing the
computation of the federal qualified business income deduction as if Enter the total from Form MO-TC, Line 13. Access the Department of
the affected business entity was allowed to take such a deduction for Revenue’s website at dor.mo.gov to download Form MO-TC.
federal tax purposes. In general, miscellaneous tax credits reduce tax liability under the SALT
Generally, the same limitations found in 26 U.S.C. Section 199A that apply Parity Act, rather than constituting tax paid, and therefore do not qualify
when computing the qualified business income deduction for individuals as payments for purposes of calculating the PTE credit for a member.
will also apply directly to the affected business entity. When determining
threshold amount(s) based on filing status, the single threshold is used, LINE 12 - PASS-THROUGH ENTITY INCOME TAX LIABILITY
not the joint threshold. The filing status of the shareholders, partners, or
members is not used or referenced for this purpose. Subtract Line 11 from Line 10. Result may only be less than zero if
refundable tax credits were applied.
LINE 5 - BALANCE
LINE 13 - ANTICIPATED TAX PAYMENT(S)
Enter the total of Line 1 and Line 2 minus Lines 3 and 4.
Enter the total 2023 anticipated payment(s) made with form MO-PTEAP.
LINE 6 - PRELIMINARY MISSOURI NET INCOME (LOSS) Include any approved payment(s) credited from MO-1120ES. Include
any approved overpayment(s) credited from 2022. If the requested
If the amount on Line 5 is 100 percent from Missouri sources, enter the overpayment(s) credited from 2022 has been adjusted, you must use
amount from Line 5. If the amount on Line 5 is not 100 percent from the adjusted amount.
Missouri sources, complete Form MO-MS PTE. Enter the apportionment
method number used (apportionment election 2a, 3, 4, 5, 6, or 7) and LINE 14 - PAYMENTS WITH FORM MO-7004
the appropriate percentage (rounded to three digits to the right of the
decimal point, such as 12.345 percent) from Form MO-MS PTE in the boxes Enter the total payment(s) made with form MO-7004.
provided. Multiply Line 5 by the percentage and enter the result on Line 6.
LINE 7 - AGGREGATE DISTRIBUTIVE SHARE OF LINE 15 - AMENDED RETURN ONLY: TAX PAID WITH
MISSOURI NET INCOME (LOSS) (OR AFTER) THE FILING OF THE ORIGINAL RETURN
If the affected business entity completing this Form MO-PTE is a direct or Enter the amount of tax previously paid on the original return and
indirect member of another affected business entity, such other affected any previously filed amended return.
business entity is referred to as a lower-tier affected business entity.
The affected business entity completing this Form MO-PTE must add LINE 16 - SUBTOTAL
together its share(s) of Missouri net income or Missouri net loss from Enter the total of Lines 13 through 15.
all lower-tier affected business entities.
If this sum is negative, enter a negative figure on Line 7. Attach a LINE 17 - AMENDED RETURN ONLY: OVERPAYMENT, IF
copy of the Missouri pass-through entity tax reports sent to the
affected business entity completing this Form MO-PTE from all ANY, AS SHOWN ON ORIGINAL RETURN OR AS LATER
lower-tier affected business entities pertaining to this tax year. ADJUSTED
Enter the amount of overpayment received (or expected to be
received) or the amount to be credited to anticipated tax for a later
filing period, as shown or adjusted on the original return. Any refund
due on the original return will be refunded separately from any
additional refund claimed on the amended return.
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Missouri Military Family Relief Fund - For more information,
LINE 18 - TOTAL please contact: Missouri Military Family Relief Fund, 2302
Enter Line 16 minus Line 17. Militia Drive, ATTN: JFMO-J1/SS, Jefferson City, MO 65201-
1203. (Minimum contribution: $1)
LINE 19 - OVERPAYMENT General Revenue Fund - Requests for information and
contributions may be made at any time directly to General
Enter the overpayment if Line 18 is greater than Line 12. Revenue Fund, ATTN: Department of Revenue, P.O. Box 3022,
Jefferson City, MO 65105-3022. (Minimum contribution: $1)
•
LINE 20 - OVERPAYMENT TO BE APPLIED TO NEXT Organ Donor Program Fund - Contributions support organ and
FILING PERIOD tissue donation education and registry operation. For more
information, please contact Missouri Department of Health and
Enter the amount of overpayment to be applied to the next filing Senior Services, Organ and Tissue Donor Program, P.O. Box
period. If filing an amended return do not include the original 570, Jefferson City, MO 65102-0570, or call (888) 497-4564.
amount requested to be applied to the next filing period. (Minimum contribution: $2)
LINE 21 - FUND CONTRIBUTIONS Kansas City Regional Law Enforcement Memorial Foundation Fund
The Regional Law Enforcement Memorial Garden honors and celebrates
Enter any portion of your pass-through entity income tax overpayment the men and women who have laid down their lives in the line of
you wish to contribute to the following funds. If you file a balance due duty. Donations can be made directly to Kansas City Regional
return and wish to contribute to the funds, enter the amount in the Law Enforcement Memorial Foundation Fund at 527 W 39th
appropriate box and attach a separate check for this amount. Street (132.24 mi) Kansas City, MO 64111. (Minimum contribution:
$1)
Missouri Medal of Honor Trust Fund - Supports the cost
of maintenance and repair and to help pay renewal fees Soldiers Memorial Military Museum in St. Louis Fund - Supports
for memorial bridges or memorial signs provided by the Soldiers Memorial Military Museum in honoring military service
Department of Transportation. Donations can be made directly members, veterans, and their families, and sharing St. Louis’s
to Medal of Honor Fund at 105 West Capitol Avenue, Jefferson City, MO involvement in the nation’s military history from the American
65102 (Minimum contribution: $1.) Revolution through today. Donations can be made directly
to Soldiers Memorial Military Museum Fund at P.O. Box 775460 1315
Children’s Trust Fund — Children’s Trust Fund, Missouri’s Foundation Chestnut St., St. Louis, MO, 63103. (Minimum contribution: $1)
for Child Abuse Prevention, is a non-profit organization
dedicated to the vision of children free to grow and reach their Additional Funds
full potential in a nurturing and healthy environment free from
child abuse and neglect. For more information, please contact: If you choose to give to additional funds, enter the two-digit fund code
Children’s Trust Fund, ctf4kids.org or call (888) 826-5437. (Minimum (see below) in the spaces provided on Line 21. If you want to give to more
contribution: $2) than two additional funds, please submit a contribution directly to the
fund. See dor.mo.gov/taxation/individual/trust-funds.html for additional
Veterans Trust Fund — The Missouri Veterans Commission’s Veterans information.
Trust Fund is a means by which individuals and corporations
may donate money to expand and improve services to veterans Donations received from the following funds are designate
in Missouri. Con tri bu tions may be made at any time directly to: specifically for Missouri residents.
Veterans Trust Fund, c/o The Missouri Veterans Commission, P.O. Funds Codes
Drawer 147, Jefferson City, MO 65102-0147 or call (573) 751-3779.
(Minimum contribution: $2) American Cancer Society Heartland Division, Inc., Fund . ......... 01
- The Elderly Home American Diabetes Association Gateway Area Fund ..............02
Elderly Home Delivered Meals Trust Fund
Delivered Meals Trust Fund supports the home delivered meals American Heart Association Fund ..............................03
program for Missouri’s home-bound senior citizens, helping Amyotrophic Lateral Sclerosis (ALS—Lou Gehrig’s Disease) Fund .....05
them to continue to live independently in their homes. The need Muscular Dystrophy Association Fund ..........................07
for home delivered meals increases yearly as persons are living March of Dimes Fund ........................................ 08
longer and may need assistance. For more information, please contact: Arthritis Foundation Fund .................................... 09
health.mo.gov/seniors/aaa/index.php. (Minimum contribution: $2) National Multiple Sclerosis Society Fund ........................ 10
Missouri National Guard Trust Fund - The Missouri National Guard Trust Foster Care and Adoptive Parents Recruitment
Fund expands the capability to provide or coordinate Military Funeral and Retention Fund ............................................ 14
Honors Ceremonies for veterans of Missouri and veterans buried Pediatric Cancer Research Fund ............................... 18
in Missouri who have served their country in an honorable
manner. Contributions may be made at any time directly to American Cancer Society Heartland Division, Inc., Fund (01) —
Missouri National Guard Trust Fund, ATTN: JFMO-J1/SSH, For more information anytime, call toll free (800) ACS-2345 or
2302 Militia Drive, Jefferson City, MO 65101-1203 or call (573) visit cancer.org. Donations can be sent directly to the American
638-9663. (Minimum contribution: $2) Cancer Society at 1100 Pen nsylvania Avenue, Kansas City, MO
64105. (Minimum irrevocable contribution: $1, not to exceed $200)
Workers’ Memorial Fund - This fund has been established to create
a permanent memorial for all workers who suffered a job American Diabetes Asso ci a tion Gateway Area Fund (02) — Request for
related death or injuries that resulted in a permanent disability information may be made by calling (314) 822-5490
while on the job in Missouri. Requests for information and or contacting Gateway Area Diabetes Association
contributions may be made at any time to: Workers’ Memorial Fund, 15455 Conway Road, Suite 360, Chesterfield, MO
Fund, ATTN: Director’s Office, 412 E. Dunklin St., Jefferson City, 63017. (Minimum irrevocable contribution: $1, not to exceed $200)
MO 65101. (Mini mum contribution: $1) American Heart Association Fund (03) - For more information,
please contact: American Heart Association, 460 N. Lindbergh
Childhood Lead Testing Fund - Activities supported by this Blvd., St. Louis, MO 63141-7808, or call (314) 692-5600. (Minimum
fund ensure that Missouri children at risk for lead poisoning are irrevocable contribution: $1, not to exceed $200)
tested and receive appropriate follow-up activities to protect
their health and well being from the harmful effects of lead. For ALS Lou Gehrig’s Disease Fund (05) - Call (888) 873-8539
more information please contact the Missouri State Public Health for patient services in Eastern Missouri and (800) 878-2062
Laboratory at (573) 751-3334, or e-mail health.mo.gov/lab/ (Minimum for patient services in Western Missouri. (Minimum irrevocable
contribution: $1) contribution: $1, not to exceed $200)
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Arthritis Foundation Fund (09) - Call (314) 991-9333 Form MO-PTE filing a Form 2827 designating the partnership’s:
or visit arthritis.org. Contributions can be made at any or S corporation’s Affected Business Entity Representative. If a
time directly to the Arthritis Foundation, 9433 Olive Blvd. partnership or S corporation does not designate a person as an
Suite 100, St. Louis, MO 63132. (Minimum irrevocable contribution: $1, Affected Business Entity Representative for the tax year for which
not to exceed $200) this return is filed, the election to become an Affected Business
Entity will be ineffective. Only the signature of the Affected
Foster Care and Adoptive Parents Recruitment and Retention Fund (14) Business Entity Representative (and, if a preparer was used, the
- For more information please contact: Missouri Children’s Division, P.O. preparer) is required if the Affected Business Entity Representative
Box 88, Jefferson City, MO 65103-0088 or call (573) 522-8024. (Minimum
contribution: $1) is also an officer, manager, or member of the S corporation or
partnership and is authorized to make this election, and attests
March of Dimes Fund (08) - Send requests for to having such authorization under penalty of perjury. In this
information and contributions directly to the March of circumstance, the Affected Business Entity Representative should
Dimes Fund, 11829 Dorsett Road, Maryland Heights, MO sign on the signature lines for both the Affected Business Entity
63043. (Minimum irrevocable contribution: $1, not to exceed $200) Representative and for the Officer, Manager, or Member.
Muscular Dystrophy Asso ci a tion Fund (07) - To designate a person as an Affected Business Entity Representative,
Requests for information and contributions may be complete Form 2827 and follow the relevant instructions on that
made at any time directly to: Muscular Dystrophy Association, 222 form. The Affected Business Entity Representative has the sole
South Riverside Plaza, Suite 1500, Chicago, IL 60606; (312) 260-5900. authority to act on behalf of the affected business entity for the
(Minimum irrevocable contribution: $1, not to exceed $200) tax year, with respect to any action required or permitted under
National Multiple Sclero sis Society Fund (10) - Missouri’s SALT Parity Act, a protest proceeding, or appeal. Only
Visit nationalmssociety.org, call (800)FIGHTMS, or one natural person (i.e. not a business entity) may serve as the
contact National Multiple Sclerosis Society Fund, 12125 Affected Business Entity Representative for a particular tax year.
Woodcrest Executive Drive, Suite 320, St. Louis, MO That person must have a working e-mail address, telephone number,
63141. (Minimum irrevocable contribution: $1, not to exceed $200) and physical address at which to receive mail. An Affected Business
Entity Representative may be removed only if the partnership
Pediatric Cancer Research Trust Fund (18) - CureSearch for Children’s or S corporation designates a new Affected Business Entity
Cancer raises funds to support children’s cancer Representative for that tax year on a subsequently filed Form 2827.
research. For more information, visit curesearch.org or
call (800) 458-6223. (Minimum contribution: $1) Note: If the entity will have each of its members sign in lieu of having
an authorized officer, manager, or member sign, please attach a
LINE 22 - REFUND separate schedule to the Form MO-PTE containing the signature,
printed name, phone number, ownership percentage, and signature
Enter the total of Line 19 minus Lines 20 and 21. This is the amount to date for each and every partner, shareholder, and member of the
be refunded. No refund of less than $1.00 will be made. electing entity as of the filing date.
The Department requires approved refunds of $100,000 or more
to be issued electronically. If claiming a refund of $100,000 or FORM MO-PTE, PAGE 3 AND 4 LINE-BY-LINE
more, complete
Form 5378 and submit with your return. The form INSTRUCTIONS
is available at dor.mo.gov/forms. Failure to include the form and all
required documentation will delay the processing of your return. Part A - Additions
LINE 23 - AMOUNT DUE
Enter the underpayment amount if Line 12 is larger than Line 18. Refer to LINE 1 - STATE AND LOCAL TAXES
Page 1, “Time and Place of Filing and Payment” for payment information.
Enter on Line 1a the amount of Missouri income tax deducted on
AUTHORIZATION Federal Form 1120S or 1065 (Section 143.141(1),RSMo), and the
amount of income taxes from other states, their subdivisions and the
District of Columbia deducted on Federal Form 1120S or 1065
Check the “yes” box for authorization of release of confidential (12 CSR 10-2.160 and Section 143.141(2), RSMo).
information for the Director Revenue or delegate to discuss this return
and attachments with the preparer whose signature appears on the
form. If the authorization box is marked “no,” or if it is left blank, the Income tax of the following states taken as a deduction on the
Department can only discuss this return with the Affected Business federal return must be included on Line 1a:
Entity Representative designated on Form 2827 or an authorized
representative. Alabama Idaho Mississippi Rhode Island
Alaska Illinois Missouri South Carolina
Arizona (includes re- Montana (excludes Corporate
placement tax) License Fee)
SIGNATURE Arkansas Indiana Nebraska South Dakota
California
For an election to be effective, the affected business entity tax return (income and Iowa New Hampshire Tennessee
(Business Profits Tax) (excise tax)
(Form MO-PTE) on which the election is made must include the franchise tax) Kansas New Mexico Texas
signatures of either: Colorado Kentucky North Carolina Utah
Delaware Louisiana North Dakota Vermont
Each member of the electing entity who is a member at the time the Florida Maine Oklahoma Virginia
or Georgia
affected business entity tax return is filed; (excludes Maryland Oregon West Virginia
net worth tax) Michigan Pennsylvania
An officer, manager, or member of the electing entity who is Hawaii Minnesota Wisconsin
authorized to make the election and who attests to having such
authorization under penalty of perjury. Failure to sign the
return will cause a delay in the processing of the return.
Include the signature, name, and telephone number of the Enter on Line 1b the amount of Kansas City and St. Louis earnings tax.
partnership or S corporation’s Affected Business Entity
Representative for the tax year. If a Form 2827 has not previously
been properly filed with the Department designating an Affected
Business Entity Representative for the tax year, attach to your
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LINE 2 - STATE AND LOCAL BOND INTEREST LINE 7 - AMOUNT OF ANY STATE INCOME TAX
(EXCEPT MISSOURI) REFUND(S) INCLUDED IN THE SUM OF SEPARATELY
AND NONSEPARATELY COMPUTED ITEMS
Enter on Line 2a all interest from state and local bonds, excluding
Missouri (Section 143.121.2(2), RSMo). Enter the amount of any Missouri income tax refund for a prior year
Enter on Line 2b the amount of expenses associated with the state that was included on the federal return in the sum of separately and
and local bond interest. The expenses must equal or exceed $500. nonseparately computed items in the current year.
If less than $500, enter $0. Refer to Section 143.121.2(2), RSMo, for
further explanation. LINE 8 - FEDERALLY TAXABLE MISSOURI EXEMPT
OBLIGATION
LINE 3 - FIDUCIARY AND PARTNERSHIP ADJUSTMENT
(FROM FORM MO-1041 AND FORM MO-1065) Enter the amount of any proceeds resulting from redemption,
maturity, or sale of a bond issued by the Missouri Higher Education
Enter the share of fiduciary and partnership adjustment as shown Loan Authority (MOHELA), as well as any interest on such bond, but
on Form MO-1041, Page 2, Part 1, Line 19, and Form MO-1065, Line only to the extent such amount was included in the sum of separately
11 (Section 143.121.4 and 5, RSMo). Copies of any Forms MO-1041 or and nonseparately computed items on Form MO-PTE, Line 1. In the
MO-1065 must be attached. event that proceeds were received from the sale of such a bond, the
tax-exempt proceeds are limited to the extent of the holder’s cost of
acquisition. For further information, see Section 173.440, RSMo.
LINE 4 - BUSINESS INTEREST EXPENSE CARRYFORWARD
LINE 9 - FIDUCIARY AND PARTNERSHIP ADJUSTMENT (FROM
Enter any interest expense paid or accrued in a previous taxable FORM MO-1041 AND FORM MO-1065), BUILD AMERICA
year, but allowed as a deduction under 26 U.S.C. Section 163, as AND RECOVERY ZONE BOND INTEREST, MISSOURI
amended, in the current taxable year by reason of the carry forward PUBLIC-PRIVATE TRANSPORTATION ACT, OTHER
of disallowed business interest provisions of 26 U.S.C. Section 163(j),
as amended. (Section 143.121.2(6), RSMo).
Enter the share of fiduciary and partnership adjustment as shown
on Form MO-1041, Page 2, Part 1, Line 20 and Form MO-1065, Line
LINE 5 -TOTAL ADDITIONS 12 (Section 143.121.4 and 5, RSMo). Copies of any Forms MO-1041 or
MO-1065 must be attached.
Enter total of Line 1 through Line 4.
• Build America and Recovery Zone Bond Interest - Enter the
share of Build America and Recovery Zone Bond interest
Part A - Subtractions (Section 108.1020,RSMo).
• Missouri Public-Private Partnerships Transportation Act - Enter
LINE 6 - INTEREST AND DIVIDENDS FROM EXEMPT the share of income received under the Missouri Public-Private
FEDERAL OBLIGATIONS Transportation Act (Section 227.646, RSMo).
• Marijuana Business Deduction – Enter the amount that is eligible
Enter on Line 6a the amount of interest and dividends from federal to be claimed as a federal income tax deduction but is disallowed
obligations to the extent they are exempt from Missouri income tax, by section 280E of the Internal Revenue Code. This deduction is
but subject to federal tax (12 CSR 10-2.150 and Section 143.121.3(1), exclusively limited to taxpayers authorized to do business under
RSMo). A detailed list showing the amount of monies received or Article XIV of Missouri’s Constitution.
the percentage of funds received from direct U.S. Government You must submit the financial statement, schedule(s), your
obligations must be attached to Form MO-PTE. medical license number (MED), if any, and all federal schedule(s)
Enter on Line 6b the amount of interest on indebtedness and with your Missouri Form MO-PTE to claim the deduction.
expenses associated with the production of interest and dividend • Federal Broadband Grant Income Tax Subtraction - If you received
income on federal obligations shown on Line 6a. The expenses must grant money disbursed from a federal, state, or local Missouri
be at least $500. Refer to Section 143.121.3(1), RSMo, for further program, for the express purpose of providing or expanding
explanation. broadband internet to areas of Missouri that are deemed to be
In arriving at the amount of related expenses, the taxpayer may use lacking such access, you may qualify to subtract 100 percent of the
actual expenses or a reasonable estimate. In general, the taxpayer grant money received. The grant money must have been included in
should use the same or similar method used to compute related your federal taxable income. Attach the Form 1099-G issued to you
expenses for federal income tax purposes, provided that the method validating the grant money received, grant documents that indicate
reasonably reflects related expenses for Missouri exempt income. the area of Missouri was deemed to be lacking broadband internet
access, a copy of federal Form 1120S or 1065, and applicable
If a taxpayer fails to compute reasonable related expenses, the schedule(s). The amount reported cannot exceed your federal
Department of Revenue will make adjustments based on the adjusted gross income.
information made available. If sufficient information is not made
available or if the taxpayer’s records do not provide sufficient
information, the Department of Revenue will use the following LINE 10 - AGRICULTURE DISASTER RELIEF
formula to compute related expenses:
Enter the amount of income your pass-through entity received
Exempt Income Expense Reduction to as payment from any program which provides compensation to
Total Income X Items = Exempt Income agricultural producers who have suffered a loss as the result of a
disaster or emergency (Section 143.121.3(10), RSMo). You must
attach a copy of any Form 1099 indicating your agricultural payment.
The principal expense item in this formula is interest expense; however, For more information, visit dor.mo.gov.
the Department of Revenue may include other expense items because
of their direct relationship to the production of exempt income. The LINE 11 - DISALLOWED BUISNESS INTEREST EXPENSE
taxpayer may propose an alternative method provided that it properly
reflects the amount of related expenses. Enter any interest expense paid or accrued in the current taxable year, but
not deducted on the federal return as a result of the limitation imposed
under 26 U.S.C. Section 163(j), as amended. (Section 143.121.3(11), RSMo)
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example, an item of nonapportionable income that was added on Form
LINE 12 - TOTAL MO-PTE, Line 2, would also be reported on Form MO-MS PTE. If all or
part of an item of nonapportionable income was subtracted on Form
Enter the total of Line 6 through Line 11. MO-PTE Line 3, do not report the amount of nonapportionable income
so subtracted on Form MO-MS PTE.
Part B - Member’s Share Percent
This section indicates the member’s share percent and the amount of APPORTIONABLE AND NONAPPORTIONABLE
the tax credit that will be claimed on the member’s income tax return INCOME DEFINED
Column 1 - Enter the name of each member. Attach additional sheets if “Apportionable income” means all income that is apportionable under
needed. the Constitution of the United States and is not allocated under the
Column 2 - Indicate if the member is a nonresident to the state of laws of this state. Apportionable income includes, but is not limited
Missouri by marking the box. to, income arising from transactions and activity in the regular
course of the pass-through entity’s trade or business. Apportionable
Column 3 - Enter the member’s social security number. If the member
income also includes, but is not limited to, income arising from
is another company enter the federal employer identification number.
tangible and intangible property if the acquisition, management,
Column 4 - Enter the percentage from Federal Form 1120S or 1065, employment, development, or disposition of the property is or was
Schedule K-1. Round the percentage to the nearest two decimal places. related to the operation of the pass-through entity’s trade or business.
Column 5 - Enter the member’s tax credit to be claimed on the “Nonapportionable income” means all income other than apportionable
member’s income tax return. This is the member’s pro rata share of the income. The classification of income by the labels customarily given
Form MO-PTE, Line 12 Pass-Through Entity Income Tax Liability, to the them, such as interest, dividends, rents, and royalties, is not conclusive in
extent paid. If the member is a S corporation or partnership, leave this determining whether the income is apportionable or nonapportionable
column blank for that entity. income. Nonapportionable income will be considered only if a detailed
explanation is completed and attached.
FORM MO-MS PTE Instructions TAXABLE IN ANOTHER STATE
This information is for guidance only and does not state the complete law.
GENERAL INSTRUCTION A taxpayer is “taxable in another state” if it meets either one of two tests:
(a) if by reason of business activity in another state the taxpayer
Complete the Form MO-MS PTE if the balance (Form MO-PTE, Line 5) is subject to one of these taxes: a net income tax, a franchise tax
is not 100 percent from Missouri sources. Form MO-MS PTE must be measured by net income, a franchise tax for the privilege of doing
completed even if this balance is zero or negative. If the pass-through business, or a corporate stock tax; or
entity owns a percentage of a partnership(s), the partnership factors (b) if another state has jurisdiction to subject the taxpayer to a net
must be multiplied by the pass-through entity’s percentage of ownership, income tax, regardless of whether or not that state imposes such a tax
and then added into the pass-through entity’s apportionment factors. on the taxpayer.
APPORTIONMENT ELELCTION The first test is applicable only if a taxpayer carries on business activities
in another state. If the taxpayer voluntarily files and pays one or more of
Missouri statutes provide a number of methods for determining income such taxes when not required to do so by the laws of that state or pays
from Missouri sources. Choose only the appropriate one of the listed a minimal fee for qualification, organization, or for the privilege of doing
methods and enter the method number on Form MO-PTE, Line 6 Method. business in that state, but:
Once an election has been made, it cannot be changed with respect to (a) does not actually engage in business activities in that state; or
the same taxable period.
(b) does actually engage in some activity, not sufficient for nexus, and
Method Two A Receipts Factor Apportionment — Section 143.455.2, the minimum tax bears no relation to the entity’s activities within such
RSMo. See instructions for completing Method Two A. state, the taxpayer is not “taxable” in another state.
Method Three Transportation — Section 143.455.14, RSMo. The second test applies if the taxpayer’s business activities are
Method Four Railroad — Section 143.455.15, RSMo. sufficient to give the state jurisdiction to impose a net income tax
Method Five Interstate Bridge — Section 143.455.16, RSMo. under the Constitution and statutes of the United States. Jurisdiction
Method Six Telephone and Telegraph — Section 143.455.17, RSMo. to tax is not present where the state is prohibited from imposing
Method Seven Other Approved Method — This method can only be the tax by reason of the provisions of Public Law 86-272, 15 U.S.C.A.
used with prior approval from the Missouri Director of Revenue or Sections 381–385. If you believe you do not have sufficient nexus
pursuant to a Missouri regulation creating an alternative industry-specific and you are not liable for Missouri tax, you may complete a Form
method under Section 143.455.13(1), RSMo. 4458, Business Activity Questionnaire. For Missouri forms access the
Department of Revenue’s website at dor.mo.gov.
Receipts Factor Apportionment Instructions - Step 1
A taxpayer must have income from business activity taxable by LINES 1, 2, AND 3 - RECEIPTS FACTOR
this state and at least one other state to apportion and allocate
income. Income from business activity includes apportionable and Complete Part 1, Lines 1 through 3.
nonapportionable income. The taxpayer’s income will be allocated • The denominator of the receipts factor is generally all gross receipts
and apportioned according to Section 143.455. The taxpayer must received by a taxpayer from transactions and activity in the regular
determine which portion of the taxpayer’s Balance (Form MO-PTE, course of its trade or business. However, receipts from hedging
transactions or from the maturity, redemption, sale, exchange, loan,
Line 5) constitutes “nonapportionable income.” The various items of or other disposition of cash or securities (e.g. stocks, stock options,
nonapportionable income are directly allocated to specific states, which bonds) must not be included in either the numerator or denominator
may include Missouri. The apportionable income of the taxpayer is of the receipts factor. The numerator of the receipts factor is
divided between states by using the receipts factor. generally all gross receipts in Missouri from transactions and activity
in the regular course of the taxpayer’s trade or business.
Items of nonapportionable income may be reported on the Form
MO-MS PTE and by attaching a detailed explanation. Only to the • Tangible Personal Property. Receipts from the sale of tangible
extent such items are included in Form MO-PTE, Line 5 (Balance). For personal property are in this state if the property is received in
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Missouri by the purchaser. Receipts from the rental, lease, or license gains, interest, dividends, or patent or copyright royalties, are presumed
of tangible personal property are in this state to the extent that the to be apportionable income unless the taxpayer clearly demonstrates
tangible personal property is located in Missouri. that they are nonapportionable income. To the extent one or more of
• Real Property. Receipts from the sale, rental, lease, or license of these income items are nonapportionable income, allocate such item(s)
real property are in this state to the extent that the real property is as follows:
located in Missouri. (a) Net rents and royalties from real property located in this state are
• Services. Receipts from the sale of a service are in this state if and to allocable to this state.
the extent that the ultimate beneficiary is in Missouri. Generally, the (b) Net rents and royalties from tangible personal property are allocable
ultimate beneficiary of the service (except for bartering and similar to this state: (1) if and to the extent that the property is utilized in this
in-kind transactions) is the entity that receives benefit or value from, state; or (2) in their entirety if the taxpayer’s commercial domicile is in
but does not also receive monetary or credit-based payment in direct this state and the taxpayer is not organized under the laws of, or taxable
connection with, the service at issue (other than refunds, cashback, in, the state in which the property is utilized. The extent of utilization of
or discount-equivalents). In the event that the ultimate beneficiary tangible personal property in a state is determined by multiplying the
is an entity that owns or operates in locations in multiple states, and
the extent to which the ultimate beneficiary is located in Missouri rents and royalties by a fraction, the numerator of which is the number
cannot reasonably be determined, the extent to which the ultimate of days of physical location of the property in the state during the rental
beneficiary is located in Missouri may be reasonably approximated as or royalty period in the taxable year and the denominator of which is
follows: the number of days of physical location of the property everywhere
during all royalty or rental period during the taxable year. If the physical
• The ratio of the number of Missouri locations, which the ultimate location of the property during the rental or royalty period is unknown
beneficiary owns or operates in, to the number of such locations or unascertainable by the taxpayer, tangible personal property is utilized
throughout the United States. in the state in which the property was located at the time the rental or
• If the ratio above cannot reasonably be determined, then the ratio of royalty payor obtained possession.
one to the number of states in which the ultimate beneficiary operates. (c) Capital gains and losses from sales of real property located in this
• If the ratio above cannot reasonably be determined, then use fifty state are allocable to this state.
percent (50%). A taxpayer will not be subject to an addition to tax for (d) Capital gains and losses from sales of tangible personal property are
negligence in relying upon this approximation of fifty percent (50%).
allocable to this state if: (1) the property had a situs in this state at the time
of the sale; or (2) the taxpayer’s commercial domicile is in this state and the
RENTAL, LEASE, OR LICENSE OF INTANGIBLE PROPERTY taxpayer is not taxable in the state in which the property had a situs.
Receipts from the rental, lease, or license of intangible property are in (e) Capital gains and losses from sales of intangible personal property are
this state to the extent that the intangible property is used in Missouri. allocable to this state if the taxpayer’s commercial domicile is in this state.
Intangible property that is rented, leased, or licensed and then used in this (f) Interest and dividends are allocable to this state if the taxpayer’s
state in marketing a good or service to a consumer is used in this state if commercial domicile is in this state.
the marketed good or service is purchased by a consumer in this state.
Franchise fees or franchise royalties received for the rent, lease, license, (g) Patent and copyright royalties are allocable to this state: (1) if and to
or use of a trade name, trademark, service mark, or franchise system, or the extent that the patent or copyright is utilized by the royalty payor in
the right to conduct business activity in a specific geographic area, are this state; or (2) if and to the extent that the patent or copyright is
receipts in this state to the extent that the franchise is located in this state. utilized by the royalty payor in a state in which the taxpayer is not taxable
and the taxpayer’s commercial domicile is in this state. A patent is utilized
SALE OF INTANGIBLE PROPERTY in a state to the extent that it is employed in production, fabrication,
manufacturing, or other processing in the state or to the extent that a
Receipts from the sale of intangible property are in this state to the extent patented product is produced in the state. A copyright is utilized in a state
to the extent that printing or other publication originates in the state. If
the intangible property is used in Missouri. If the intangible property sold the basis of receipts from patent royalties or copyright royalties does not
is a contract right, government license, or similar property that authorizes permit allocation to states or if the accounting procedures do not reflect
the holder to conduct a business activity in a specific geographic area, states of utilization, the patent or copyright is utilized in the state in which
such intangible property is used in Missouri if the geographic area the taxpayer’s commercial domicile is located.
includes all or part of Missouri. If receipts from the intangible property
Note: For allocation purposes, “commercial domicile” means the
sale is contingent on the productivity, use, or disposition of the intangible principal place from which the trade or business of the taxpayer is
property, these receipts shall be treated as receipts from the rental, directed or managed.
lease, or license of intangible property. All other receipts from a sale of
intangible property shall be excluded from both the numerator and the Methods Three, Four, Five, or Six Instructions
denominator of the receipts factor.
Enter Missouri miles, total miles, and percentage in the
If the state or states to which to assign receipts cannot be determined, Apportionment Election section on Form MO-MS PTE, Page 1, if
the state or states of assignment must be reasonably approximated applicable. Enter the resulting mileage percentage on Form MO-MS
and you must attach a detailed statement explaining the basis of the PTE, Part 1, Line 3 and Form MO-PTE, Line 6, unless required to
reasonable approximation. complete Form MO-PTE, Part 1, Lines 4 through 9 as discussed
below. If the mileage percentage on Form MO-MS PTE, Page 1, is
inapplicable, attach a detailed explanation of how apportionment
LINES 4 THROUGH 9 - ALLOCATION and allocation was performed.
OF NONAPPORTIONABLE INCOME
If the mileage percentage on Form MO-MS PTE, Page 1, is applicable,
Complete Lines 4 through 9 only if the taxpayer has nonapportionable or if the taxpayer has included any item of income to be allocated
income. Nonapportionable income will be considered only if a detailed (as opposed to apportioned) on Form MO-PTE, Line 5, the taxpayer
explanation is completed and attached. In general, any income arising must complete Form MO-MS PTE, Part 1, Lines 4 through 9 and
enter the resulting percentage from Form MO-MS PTE, Part 1, Line 9
from transactions and activity in the regular course of the taxpayer’s onto Form MO-PTE, Line 6 Percent. When completing Form MO-MS
trade or business, or any income arising from property if the acquisition, PTE, Part 1, Lines 5 through 7, enter income allocated (as opposed
management, employment, development, or disposition of the property to apportioned) everywhere and income allocated to Missouri,
is or was related to the operation of the taxpayer’s trade or business, will respectively, to the extent they are items included in the Balance
be apportionable income rather than nonapportionable income. on MO-PTE, Line 5. Attach a detailed explanation supporting any
Rents and royalties from real or tangible personal property, capital allocation (as opposed to apportionment) of income.
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Method Seven Instructions
Definitions:
This method can only be used with prior approval from the Missouri Affected business entity: Any partnership or S corporation that elects to
Director of Revenue or pursuant to a Missouri regulation creating an be subject to tax pursuant to Section 143.436, RSMo.
alternative industry-specific method under Section 143.455.13(1), Member:
RSMo. At latest sixty days before the close of the tax year to which
alternative apportionment is sought to apply, a taxpayer may file a (a) A shareholder of an S corporation;
petition for alternative apportionment, following all requirements of (b) A partner in a general partnership, a limited partnership, or a limited
12 CSR 10-2.076 and section 143.455.13(2), RSMo, by emailing the liability partnership; or
petition to corporate@dor.mo.gov. Attach a detailed explanation
of how any allocation and apportionment was performed. Either (c) A member of a limited liability company that is treated as a
a letter of approval must be attached to the return or the detailed partnership or S corporation for federal income tax purposes.
explanation must identify the Missouri regulation that authorizes the : The same meaning as provided in 26 U.S.C. Section 7701(a)
industry-specific method used and explain why the taxpayer qualifies Partnership
(2). The term partnership shall include a limited liability company that is
for the industry-specific method. The only industry-specific method treated as a partnership for federal income tax purposes.
currently allowed by Missouri regulation applies to broadcasters
under 12 CSR 10-2.260. Entities defined as a broadcaster under 12 S corporation: A corporation or limited liability company that is treated
CSR 10-2.260 must choose Method Seven. as an S corporation for federal income tax purposes.
Complete Form MO-MS PTE, Part 1, Lines 4 through 9 and enter
the resulting percentage from Form MO-MS PTE, Part 1, Line 9 onto
Form MO-PTE, Line 6 Percent. When completing Form MO-MS PTE,
Part 1, Line 3, substitute the appropriate apportionment percentage
(without taking into account allocation of income) for the Receipts
Factor. When completing Form MO-MS PTE, Part 1, Lines 5 and 7,
enter income allocated (as opposed to apportioned) everywhere and
income allocated to Missouri, respectively, to the extent that item is
included in the Balance on MO-PTE, Line 5. Include on the detailed
explanation attachment support for any allocation (as opposed to
apportionment) of income.
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.
Checklist Before Mailing
r Did an officer, manager, or member of the electing entity who is authorized sign form MO-PTE?
r Did you review your completed return?
r Are the pass-through entity name and address correctly shown on the return?
r Are your beginning and ending filing periods shown on the Form MO-PTE?
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-PTE?
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?
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