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DISTRIBUTIONS FROM PARTNERSHIPS |
For Pennsylvania personal income tax purposes guaranteed |
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Non-corporate shareholders and partners should use |
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payments are classified as follows: |
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amounts from PA-20S/PA-65 Schedule RK-1, Section IV |
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● If services are rendered directly in the production of in- |
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through Section VII to determine or calculate owner’s basis. |
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come from a business, profession, or farm, the guaran- |
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Partners include Line 12 in net classified income on their |
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teed payments are gross income from that income class. |
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Pennsylvania tax returns. |
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● If services are rendered directly in the production of |
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LINE 10 |
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rental or royalty income, the guaranteed payments are |
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DISTRIBUTION OF CASH, MARKETABLE SECURITIES |
gross income from that in-come class. |
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AND PROPERTY NOT INCLUDING GUARANTEED |
HEALTH SAVINGS ACCOUNTS (HSA) |
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PAYMENTS |
Contributions by a partnership to a bona fide partner’s HSA |
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Enter the partner’s share of distribution of cash, marketable |
are not contributions by an employer. The contributions are |
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securities and property, other than guaranteed payments. |
treated as a distribution of money and are not included in |
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With respect to liquidating property distributions, this line will |
the partner’s income. |
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include the total of cash and the fair market value of mar- |
Contributions by a partnership to a partner’s HSA for serv- |
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ketable securities and property distributed to the Pennsylva- |
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ices rendered, however, are treated as guaranteed pay- |
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nia resident partner. |
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ments that are deducted by the partnership and included in |
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The partner reduces his basis in the partnership by amount |
the partner’s income. In both situations, the partnership can |
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of distributions. If the distribution amount is in excess of |
deduct the contribution made to the partner’s HSA. |
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basis, it must be reported on the resident partner’s return as |
Contributions to a nonresident partner’s HSA for services |
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taxable gain on PA-20S/PA-65 Schedule D. |
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must be apportioned. |
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LINE 11 |
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Contributions by an S corporation to a 2 percent share- |
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GUARANTEED PAYMENTS FOR CAPITAL |
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holder-employee’s HSA for services rendered are deducted |
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OR OTHER SERVICES |
by the S corporation as wage or salary expense and in- |
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Enter the partner’s share of guaranteed payments for capital |
cluded in the shareholder-employee’s gross compensation. |
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or other services. |
The shareholder-employee can deduct the contribution |
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Pennsylvania does not follow federal treatment for guaran- |
made to the shareholder-employee’s HSA. |
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teed payments for services. Under Pennsylvania tax law, to |
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LINE 13 |
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the extent paid for other services or for the use of capital, a |
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guaranteed payment is: |
GUARANTEED PAYMENTS TO RETIRED PARTNER |
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● A withdrawal proportionately from the capital of all |
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Guaranteed payments to a retired partner must meet the ex- |
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partners; |
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ception described in IRC §1402(a)(10). |
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● A gain from the disposition of the recipient’s partnership |
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interest and a loss from the disposition of the other part- |
Generally, retirement payments received by a retired partner |
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ners’ partnership interests, to the extent derived from the |
from a partnership (of which he or she is a member or former |
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capital of the other partners; and |
member) are counted as net earnings from self-employment. |
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● A return of capital by the recipients to the extent derived |
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Certain periodic payments by a partnership to a retired part- |
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from their own capital. |
ner made on account of retirement under a written plan of |
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Pennsylvania allows the deduction. |
partnership are excluded from the tax. To be effective, the |
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plan must meet such requirements as are prescribed by Reg |
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LINE 12 |
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§1.1402(a)-17. It must apply to partners generally or to a |
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ALL OTHER GUARANTEED PAYMENTS |
class or classes of partners, and provide such payments at |
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least until the retired partner's death. |
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FOR SERVICES RENDERED |
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Enter the partner’s share of such payments. Typically, guar- |
The exclusion applies to retirement payments received by a |
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anteed payments to partners are paid to the extent the serv- |
retired partner only if he or she renders no services in any |
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ices are rendered directly in the production of income from |
business conducted by the partnership during the taxable |
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a business, profession or farm, and/or from rental or royalty |
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year of such partnership, ending within or with his or her tax- |
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income. |
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able year in which amounts were received. At the end of |
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NOTE: The partner must know the class of income |
such partnership's taxable year: (1) there must be no obli- |
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from which the partnership made the guaranteed pay- |
gation from other partners to the retired partner, other than |
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ments. The partner must then properly classify the payments |
to make retirement payments under the plan; and (2) the re- |
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on his/her PA-40 Individual Income Tax Return. |
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tired partner's share in the capital of the partnership had |
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IMPORTANT: If the total guaranteed payment includes |
been paid to him or her in full. Code Sec. 1402(a)(10) Reg |
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more than one of the income classes described below, |
§1.1402(a)-17. |
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www.revenue.pa.gov |
PA-20S/PA-65 RK-1 |
5 |