2003 Tax Help Archives  
Publication 225 2003 Tax Year

Filing Requirements & Return Forms

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Important Reminders

Electronic Form 1099. For taxable years ending after March 9, 2002, Form 1099 can be issued electronically if the recipient consents to receive it that way.

Form 1099–MISC. File Form 1099–MISC if you pay at least $600 in rents, services, and other miscellaneous payments in your farming business to an individual (for example, an accountant or a veterinarian) who is not your employee and is not incorporated. See Form 1099–MISC under Information Returns.

Introduction

If you are a citizen or resident of the United States and your gross income for the tax year is at least the amount shown for your filing status under Filing Requirements, later, you must file a 2003 federal income tax return. This is true even if no tax is due. Gross income is explained later.

If you do not meet the gross income requirement, you may still need to file a tax return if any of the following apply.

  • You have net earnings of $400 or more from self-employment.
  • You are entitled to certain credits.
  • You are entitled to a complete refund of tax withheld.

If you are a qualified farmer, defined later, you are subject to the special rules covered in this chapter for paying estimated tax and filing your tax return. This chapter also includes information about various forms and returns you may need to file.

Topics - This chapter discusses:

  • Filing requirements
  • Taxpayer identification number
  • Estimated tax payment and return due dates
  • Forms you may need to file
  • Partnership
  • Limited liability company (LLC)
  • Corporation
  • S corporation

Useful Items - You may want to see:

Publication

  • 501 Exemptions, Standard Deduction, and Filing Information
  • 505 Tax Withholding and Estimated Tax
  • 541 Partnerships
  • 542 Corporations

We have not listed the various forms you may have to file with the IRS because they are discussed later in this chapter under Forms You May Need To File.

See chapter 21 for information about getting publications and forms.

Filing Requirements

The following table will help you determine whether you must file a tax return, based on your:

  • Age at the end of the tax year,
  • Gross income, and
  • Filing status.

Who Must File

If Your Filing And Your Gross Income Was
Status And Age Are: At Least:
Single  
Under 65 $7,800
65 or older 8,950
Married, filing jointly  
Both under 65 15,600
One spouse 65 or older 16,550
Both 65 or older 17,500
Not living with spouse at end of year
(or on date your spouse died)
3,050
Married, filing separately  
All (any age) 3,050
Head of household  
Under 65 10,050
65 or older 11,200
Qualifying widow(er) with
dependent child
 
Under 65 12,550
65 or older 13,500

Dependent's return.

If you can claim someone as a dependent on your tax return (for example, your child or parent), that person generally also must file his or her own tax return if any of the following apply.

  • Your dependent had only earned income, such as salary or wages, and the total was more than $4,750 ($5,900 if 65 or older or blind).
  • Your dependent had only unearned income, such as interest and dividends, and the total was more than $750.
  • Your dependent's gross income was more than the larger of $750 or the dependent's earned income (up to $4,500) plus $250.

Self-employed.

You must file an income tax return if you are self-employed and you had net earnings of $400 or more from self-employment, even if you do not otherwise have to file a return. See chapter 15.

Certain credits.

You also must file a return if you received any advance earned income credit payments from your employer. In addition, you should file a return if you are eligible for the earned income credit, the additional child tax credit, or the health coverage tax credit.

Refund.

Even if you do not otherwise have to file a return, you should file one if you are due a refund of any income tax withheld or paid.

More information.

See the Form 1040 instructions or Publication 501 for more information on who must file a return.

Taxpayer
Identification Number

You must enter your taxpayer identification number (generally your social security or employer identification number) on all returns, statements, or documents you file. For example, you must enter it on your federal income tax return, your estimated tax payment voucher, and all information returns, such as Forms 1096 and 1099. You may be subject to a penalty of $50 for each failure to enter the number.

Schedule F.

Enter your social security number (SSN) in the space provided on the first line of Schedule F. You need an employer identification number (EIN) if you have a qualified retirement plan or must file an employment, excise, estate, trust, partnership, or alcohol, tobacco, and firearms tax return. Enter that EIN on line D of Schedule F.

Other forms and schedules.

Enter your SSN on your individual income tax return (Form 1040), schedule of self-employment tax (Schedule SE), and estimated tax payment voucher (Form 1040–ES), regardless of which identification number you entered on your business returns.

If you are married, enter the SSNs for you and your spouse on your Form 1040, whether filing jointly or separately. If you are filing a joint return, list the SSNs in the same order as the names are shown on your label. Also enter both SSNs on your Form 1040–ES if you make joint estimated tax payments. Enter them in the same order as they appear on the joint return.

Applying for an SSN. To apply for an SSN, use Form SS–5. You can get the form from any social security office by calling 1–800–772–1213, or on the web at www.ssa.gov. If you are under 18 years of age, you must furnish evidence of age, identity, and U.S. citizenship (or lawful alien status) with your Form SS–5. If you are 18 or older, you must appear in person with this evidence at a social security office. It usually takes about 2 weeks to get an SSN.

Applying for an employer identification number. You can apply for an employer identification number (EIN) in the following ways:

  • By going online—Click on the EIN link at www.irs.gov/businesses/small. The EIN is issued immediately once the application information is validated.
  • By telephone at 1–800–829–4933 from 7:30 a.m. to 5:30 p.m. in the applicant's local time zone.
  • By mailing or faxing Form SS–4, Application for Employer Identification Number.

Estimated Tax Payment and Return Due Dates

When you must pay estimated tax and file your tax return depends on how much of your gross income comes from farming. If you receive at least two-thirds of your total gross income from farming in the current or prior year, special estimated tax and return due dates apply to you. See the discussion under Due Dates for Qualified Farmers, later.

Figure 2–A presents an overview of the special estimated tax rules that apply to farmers.


Please click the link to view the image.

Figure 2–A

Gross Income

Gross income is all income you receive in the form of money, goods, property, and services that is not exempt from tax. On a joint return, you must add your spouse's gross income to your gross income. To decide whether two-thirds of your gross income for 2003 was from farming, use as your gross income the total of the following income (not loss) amounts from your tax return.

  • Wages, salaries, tips, etc. from Form 1040, line 7.
  • Taxable interest from Form 1040, line 8a.
  • Ordinary dividends from Form 1040, line 9a.
  • Taxable refunds of state and local taxes from Form 1040, line 10.
  • Alimony from Form 1040, line 11.
  • Gross business income from Schedule C (Form 1040), line 7.
  • Gross business receipts from Schedule C–EZ (Form 1040), line 1.
  • Capital gains from Form 1040, line 13a, including gains from Schedule D (Form 1040). Losses are not netted against gains.
  • Gains on sales of business property from Form 1040, line 14.
  • Taxable IRA distributions, pensions, annuities, and social security benefits.
  • Gross rental income from Schedule E (Form 1040), line 3.
  • Gross royalty income from Schedule E (Form 1040), line 4.
  • Taxable net income from an estate or trust reported on Schedule E (Form 1040), line 37.
  • Income from a REMIC reported on Schedule E (Form 1040), line 39.
  • Gross farm rental income from Form 4835, line 7.
  • Gross farm income from Schedule F (Form 1040), line 11.
  • Your distributive share of gross income from a partnership, or limited liability company treated as a partnership, from Schedule K–1 (Form 1065).
  • Your pro rata share of gross income from an S corporation, from Schedule K–1 (Form 1120S).
  • Unemployment compensation from Form 1040, line 19.
  • Other income reported on Form 1040, line 21, not included with any of the items listed above.

Caution

Gross income is not the same as total income shown on line 22 of Form 1040.

Gross Income From Farming

Gross income from farming includes the following.

  • Gross farm income from Schedule F (Form 1040), line 11.
  • Gross farm rental income from Form 4835, line 7.
  • Gross farm income from Schedule E (Form 1040), Parts II and III. See the instructions for line 42.
  • Gains from the sale of livestock used for draft, breeding, sport, or dairy purposes reported on Form 4797.

For more information about income from farming, see chapter 4.

Caution

Wages you receive as a farm employee are not farm income. Income you receive from contract grain harvesting and hauling with workers and machines you furnish also is not farm income.

Percentage From Farming

Figure your gross income from all sources. Then figure your gross income from farming. Divide your farm gross income by your total gross income to determine the percentage of gross income from farming.

Example 1.

Jane Smith had the following total gross income and farm gross income in 2003.

Gross Income

  Total Farm
Taxable interest $3,000  
Dividends 500  
Rental income (Sch E) 41,500  
Farm income (Sch F) 75,000 $75,000
Gain (Form 4797) 5,000 5,000
Total $125,000 $80,000

Schedule D showed gain from the sale of dairy cows carried over from Form 4797 ($5,000) in addition to a loss from the sale of corporate stock ($2,000). However, that loss is not netted against the gain to figure Ms. Smith's total gross income or her gross farm income. Her gross farm income is 64% of her total gross income ($80,000 ÷ $125,000 = 0.64). Therefore, based on her 2003 income, she does not qualify to use the special estimated tax payment and return due dates for 2003, discussed next. However, she does qualify if at least two-thirds of her 2002 gross income was from farming.

Example 2.

Assume the same facts as in Example 1 except that Ms. Smith's farm income was $90,000. This made her total gross income $140,000 and her farm gross income $95,000. She qualifies to use the special estimated tax payment and return due dates, discussed next, since 67.9% (at least two-thirds) of her gross income is from farming ($95,000 ÷ $140,000 = .679).

Due Dates for
Qualified Farmers

If at least two-thirds of your gross income for 2002 or 2003 was from farming, you are a qualified farmer and can choose either of the following options for your 2003 tax.

  • Make your required annual payment, discussed next, by January 15, 2004, and file your Form 1040 by April 15, 2004.
  • File your Form 1040 by March 1, 2004, and pay all the tax due. If you pay all the tax due, you will not be penalized for failure to pay estimated tax.

Tip

You can still make an IRA contribution by April 15, 2004, even though you filed your tax return by March 1, 2004.

Required annual payment.

If at least two-thirds of your gross income for 2002 or 2003 was from farming, only one estimated tax payment is due. The required annual payment is the smaller of the following amounts.

  • 66⅔% (.6667) of your total tax for 2003.
  • 100% of the total tax shown on your 2002 return. (The return must cover all 12 months.)

Tip

2004 tax. If at least two-thirds of your gross income for 2003 or 2004 is from farming, you can choose either of the following options.

  • Make your required annual payment by January 18, 2005, and file your Form 1040 by April 15, 2005.
  • File your Form 1040 by March 1, 2005, and pay all the tax due.

Fiscal year farmers.

If you qualify to use these special rules but your tax year does not start on January 1, you can file your return and pay the tax by the first day of the 3rd month after the close of your tax year. Or you can make your required annual payment within 15 days after the end of your tax year. Then file your return and pay any balance due by the 15th day of the 4th month after the end of your tax year.

Due Dates for
Nonqualified Farmers

If less than two-thirds of your gross income for 2002 and 2003 was from farming, you cannot use these special estimated tax payment and return due dates for your 2003 tax year. Instead, you should have made quarterly estimated tax payments on April 15, June 16, and September 15, 2003, and on January 15, 2004. You must file your return by April 15, 2004.

If less than two-thirds of your gross income for 2003 and 2004 is from farming, you cannot use these special estimated tax payment and return due dates for your 2004 tax year. You generally must make quarterly estimated tax payments on April 15, June 15, and September 15, 2004, and on January 18, 2005. You must file your return by April 15, 2005.

For more information on estimated taxes, see Publication 505.

Estimated Tax Penalty
for 2003

If you do not pay all your required estimated tax for 2003 by January 15, 2004, or file your 2003 return and pay the tax by March 1, 2004, you should use Form 2210–F, Underpayment of Estimated Tax by Farmers and Fishermen, to determine if you owe a penalty. If you owe a penalty but do not file Form 2210–F with your return and pay the penalty, you will get a notice from the IRS. You should pay the penalty as instructed by the notice.

If you file your return by April 15 and pay the bill within 21 calendar days (10 business days if the bill is $100,000 or more) after the notice date, the IRS will not charge you interest on the penalty.

Caution

Do not ignore a penalty notice, even if you think it is in error. You may get a penalty notice even though you filed your return on time, attached Form 2210–F, and met the gross income from farming requirement. If you receive a penalty notice for underpaying estimated tax and you think it is in error, write to the address on the notice and explain why you think the notice is in error. Include a computation similar to the one in Example 1 (earlier), showing that you met the gross income from farming requirement.

Extension of Time To File Form 1040

If you do not file your 2003 return by March 1, 2004, the due date for your return will be April 15, 2004. However, you generally can get an automatic 4-month extension of time to file your return. Your Form 1040 would then be due by August 16, 2004.

You get this extension by filing Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, by April 15, 2004. You can also get an extension by using IRS e-file. Form 4868 does not extend the time for paying the tax. For more information, see the instructions for Form 4868.

Caution

This extension does not extend the March 1, 2004 due date for qualified farmers who did not make the required annual payment and who want to avoid an estimated tax penalty. Therefore, if you did not make your required annual payment by January 15, 2004, and you file your tax return after March 1, 2004, you will be subject to a penalty for underpaying your estimated tax, even if you file Form 4868.

Forms You May Need To File

When filing your income tax return, arrange your forms and schedules in the correct order using the sequence number located in the upper right corner of each form. Attach all other statements or attachments last, arranged in the same order as the forms or schedules they support.

Farmers can use the following forms and schedules. Some of them are illustrated in chapter 20.

Form 1040.

This form is the income tax return. List taxable income from all sources on Form 1040, including profit or loss from farming operations as figured on Schedule F (Form 1040). Also use this form to figure your tax.

Caution

Some amounts, such as tax-exempt interest, may not be taxable, but should be shown on the tax return per form instructions.

Schedule A, Itemized Deductions.

List nonbusiness itemized deductions on this schedule.

Schedule B, Interest and Ordinary Dividends.

Report interest or dividend income of more than $1,500 on this schedule.

Schedule C, Profit or Loss From Business.

List income and deductions and determine the net profit or loss from a nonfarm business on this schedule.

Schedule C–EZ, Net Profit From Business.

You can use this schedule in place of Schedule C if nonfarm business expenses are $2,500 or less and other requirements are met.

Schedule D, Capital Gains and Losses.

Report gains and losses from the sale of capital assets on this schedule.

Schedule E, Supplemental Income and Loss.

Report income or losses from rents, royalties, partnerships, estates, trusts, and S corporations on this schedule.

Schedule F, Profit or Loss From Farming.

Use this schedule to list all farm income and deductions and to determine your net farm profit or loss.

Schedule J, Farm Income Averaging.

Use this form to average farm income.

Schedule SE, Self-Employment Tax.

Figure self-employment tax on this schedule. See chapter 15.

Form 2210.

Figure any underpayment of estimated tax and any penalty on Form 2210, Underpayment of Estimated Tax by Individuals, Estates, and Trusts.

Form 2210–F.

Figure any underpayment of estimated tax and the penalty on Form 2210–F, Underpayment of Estimated Tax by Farmers and Fishermen, if you are a qualified farmer.

Form 3468.

Figure the investment credit on Form 3468, Investment Credit. See chapter 9.

Form 3800.

Figure the general business credit on Form 3800, General Business Credit. See chapter 9.

Form 4136.

Figure the credit for federal excise tax on gasoline and special fuels on Form 4136, Credit for Federal Tax Paid on Fuels. See chapter 18.

Form 4255.

Figure the increase in tax from the recapture of investment credit on Form 4255, Recapture of Investment Credit. See chapter 9.

Form 4562.

Claim deductions for depreciation and amortization and elect the section 179 deduction on Form 4562, Depreciation and Amortization. See chapter 8.

Form 4684.

Report gains and losses from business and nonbusiness casualties and thefts on Form 4684, Casualties and Thefts. See chapter 13.

Form 4797.

Report gains and losses from the sale or exchange of business property and from certain involuntary conversions on Form 4797, Sales of Business Property.

Form 4835.

Report farm rental income on Form 4835, Farm Rental Income and Expenses, if you received it as a share of crops or livestock produced by a tenant and you, the landlord, did not have an arrangement that required you to materially participate or you did not materially participate in the operation or management of the farm. See chapter 4.

Form 6251.

Figure the alternative minimum tax on Form 6251, Alternative Minimum Tax—Individuals. See chapter 14.

Form 8594.

Report the purchase and sale of assets under certain circumstances on Form 8594, Asset Allocation Statement Under Section 1060.

Form 8824.

Report the exchange of business or investment property for like-kind property on Form 8824, Like-Kind Exchanges. If you have any taxable gain, you must also file Schedule D (Form 1040) or Form 4797. See chapter 10.

Other Forms

You may have to file the forms below in certain situations.

Tip

If the last day for filing your form falls on a Saturday, Sunday, or legal holiday, your form will be on time if it is filed on the next day that is not a Saturday, Sunday, or legal holiday.

Form 940.

If you paid wages subject to FUTA tax during a calendar year, file Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, by January 31 of the following year. If all the tax due was deposited by January 31, you have 10 additional days to file. See chapter 16.

Form 940–EZ.

Form 940–EZ is a simplified version of Form 940. See chapter 16.

Form 943.

If you paid wages for farm labor that were subject to social security and Medicare taxes or income tax withholding, file Form 943, Employer's Annual Federal Tax Return for Agricultural Employees, by January 31 of the following year. If you deposited all the tax due by January 31, you have 10 additional days to file. See chapter 16.

Form 1040–ES.

Figure and pay estimated tax on Form 1040–ES, Estimated Tax for Individuals. See Estimated Tax Payment and Return Due Dates, earlier.

Form 1065.

A farm partnership files Form 1065, U.S. Return of Partnership Income, by the 15th day of the 4th month following the end of the partnership tax year. For a calendar year partnership, the due date is April 15. See Partnership, later.

Form 1120.

A corporation files Form 1120, U.S. Corporation Income Tax Return, by the 15th day of the 3rd month following the end of the corporation's tax year. For a calendar year corporation, the due date is March 15. See Corporation, later.

Form 1120–A.

Many small corporations can use Form 1120–A, U.S. Corporation Short-Form Income Tax Return, instead of Form 1120.

Form 1120S.

An S corporation files Form 1120S, U.S. Income Tax Return for an S Corporation, by the 15th day of the 3rd month following the end of the S corporation tax year. For a calendar year S corporation, the due date is March 15. See S Corporation, later.

Form 2290.

If you use certain vehicles registered or required to be registered in your name on public highways, such as a truck or truck tractor, file Form 2290, Heavy Highway Vehicle Use Tax Return, for the following purposes.

  • To figure and pay the tax due on heavy highway vehicles (taxable gross weight 55,000 pounds or more) used during the period from July 1 to June 30.
  • To claim suspension from the tax when the vehicle is expected to be used 5,000 miles or less (7,500 for agricultural vehicles) during the period.

See the instructions for Form 2290.

Form 4868.

Apply for an extension of time to file your tax return on Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return. Filing this form does not extend the time to pay any tax due.

Form 8109.

Employment taxes are deposited manually with Form 8109, Federal Tax Deposit Coupon. In general, income tax withheld plus the employer and employee's share of social security and Medicare taxes that total $2,500 or more for the year must be deposited. The IRS will send you a coupon book for making deposits 5 to 6 weeks after you receive an employer identification number (EIN) if you indicate you will pay wages.

Caution

Under certain circumstances you must deposit taxes electronically. See chapter 16.

Form 8822.

If you move, notify the IRS of a change in your home or business address with Form 8822, Change of Address. Be sure to include your suite, room, or other unit number.

Ordering forms.

See chapter 21 for information about getting any of the forms listed in this section.

Information Returns

These returns provide information the IRS requires for effective tax compliance. There are many different information returns. This discussion, however, is limited to Form W–2, Form 1099–INT, Form 1099–MISC, and Form 1096.

Tip

If the last day for filing your form falls on a Saturday, Sunday, or legal holiday, your form will be on time if it is filed on the next day that is not a Saturday, Sunday, or legal holiday.

Form W–2.

If you are in a trade or business such as farming and you employ paid workers, prepare Form W–2, Wage and Tax Statement, for each employee, including any payment that was not in cash. Show, in the space marked Wages, tips, other compensation, the total paid to the employee. Send Copy A of each Form W–2 to the Social Security Administration with a completed Form W–3, Transmittal of Wage and Tax Statements, by the last day of February. See chapter 16.

Form 1099–INT.

Report interest of $600 or more paid during the calendar year in the course of your farm business, including interest on installment sale contracts, on Form 1099–INT, Interest Income.

Form 1099–MISC.

In the course of your farm business, if you make total payments of $600 or more during the calendar year to another person, other than a corporation or an LLC that is taxed as a corporation, you must file information returns to report these payments. Report on Form 1099–MISC, Miscellaneous Income, payments of $600 or more made for custom harvesting, crop spraying, services of a veterinarian, rents, commissions, fees, prizes, awards, and services provided by nonemployees. Payments of $10 or more for royalties are also reported on Form 1099–MISC.

Form 1099–MISC is used to report to the payee, and to the IRS, payments you made that were subject to backup withholding and the amounts you withheld, regardless of the amount of the payment.

Report payments for compensation to employees on Form W–2, not on Form 1099–MISC. See chapter 16.

Preparation of returns.

If you are required to file Forms 1099–INT or Forms 1099–MISC, prepare a separate form for each payee. File one copy of each form with the IRS by February 28 (March 31 if filing electronically) of the year following the calendar year the payments were made. Give the payee a statement (or copy of the form) by January 31 of the year following the calendar year the payments were made. These forms are read by machine and there are very specific instructions for their preparation and submission. Form 1099 can be issued electronically if the recipient consents to receive it that way. See the General Instructions for Forms 1099, 1098, 5498, and W–2G.

Form 1096.

When sending copies to the IRS, use a separate transmittal, Form 1096, Annual Summary and Transmittal of U.S. Information Returns, for each different type of 1099 form.

Penalties.

If you file information returns late, without all the information required to be on the return, or with incorrect information, you may be subject to a penalty. See the General Instructions for Forms 1099, 1098, 5498, and W–2G for information on Form 1099 penalties.

Backup withholding.

In certain cases, the law requires you to withhold income tax at a rate of 28% (backup withholding) on payments reportable on information returns, including commissions, nonemployee compensation, and other payments you make for services in your farm business or other business activities. The backup withholding rules do not apply to wages, pensions, or annuities.

See the General Instructions for Forms 1099, 1098, 5498, and W–2G for more information.

IRS e-file (Electronic Filing)

E-file logo

E-file logo

You can file your tax returns electronically using an IRS e-file option. The benefits of IRS e-file include faster refunds, increased accuracy, and acknowledgment of IRS receipt of your return. You can use one of the following IRS e-file options.

  • Use an authorized IRS e-file provider.
  • Use a personal computer.
  • Use a telephone if you receive a Telefile Tax Package.
  • Visit a VITA or TCE site.

For details on these fast filing methods, see your income tax package.

Partnership

A partnership is the relationship between two or more persons who join to carry on a trade or business, including farming. Each person contributes money, property, labor, or skill, and expects to share in the profits and losses.

For federal income tax purposes, the term partnership includes a syndicate, group, pool, joint venture, or similar organization carrying on a trade or business and not classified as a trust, estate, or corporation.

Family partnership.

Members of a family can be partners. To be recognized as a partnership for federal tax purposes, a partner relationship must be established and certain requirements must be met. For information on these requirements, see Family Partnership in Publication 541. Merely doing chores, helping with the harvest, or keeping house and cooking for the family and hired help does not establish a partnership.

If a husband and wife are partners in a farm operation or other business, they should report their partnership income or loss on Form 1065. See Form 1065, later.

Co-ownership and sharing expenses.

Mere co-ownership of property that is maintained and leased does not constitute a partnership. For example, if an individual or tenants-in-common of farm property lease that property for a cash rental or a share of the crops, a partnership is not necessarily created. However, tenants-in-common may be partners if they actively carry on a farm or other business operation and share in its profits and losses. A joint undertaking merely to share expenses is not a partnership.

Example.

Barbara Lee Brown and Judith Green are neighboring farmers. Each agrees to pay half the cost of buying and maintaining a combine to harvest their crops. They do not have a partnership.

Partner's distributive share.

Each partner's distributive share of partnership income, gain, loss, etc., must be included on that partner's tax return, even if the items were not distributed.

A limited partner generally does not include his or her distributive share of income or loss in computing net earnings from self-employment.

Self-employment tax.

Unless you are a limited partner, your distributive share of income from a partnership is self-employment income. If you and your spouse are partners, each should report his or her share of partnership income or loss on a separate Schedule SE (Form 1040), Self-Employment Tax. The self-employment tax of a member of a partnership engaged in farming is discussed in chapter 15.

Tip

Reporting the partnership income on separate Schedules SE will give each of you credit for social security earnings on which retirement benefits are based.

Selling or exchanging a partnership.

When you create a partnership, you generally do not recognize gain or loss on contributions of money or property you make to the partnership. However, you generally recognize gain or loss when you sell or exchange your interest in the partnership.

Form 1065.

Partnerships file a return on Form 1065, U.S. Return of Partnership Income. This is an information return showing the income and deductions of the partnership, the name and address of each partner, and each partner's distributive share of taxable income, etc.

Form 1065 is not required until the first tax year the partnership has income or deductions. In addition, it is not required for any tax year a partnership neither receives income nor pays or incurs any expenses treated as deductions or credits for federal income tax purposes.

Schedule F (Form 1040).

Use Schedule F (Form 1040) to report a farm partnership profit or loss. This schedule should be filed with Form 1065. The profit or loss shown on Schedule F, adjusted for separately stated items to be reported on Schedule K-1 and Schedule K of Form 1065, is entered on line 5 of Form 1065. See Form 1065 instructions for more information.

Other schedules.

Each partner's distributive share of partnership items, such as ordinary income or loss, capital gain or loss, net earnings from self-employment, etc., is entered on Schedule K–1 of Form 1065. Fill in all schedules that apply to the partnership.

Filing penalty.

In the following situations, a penalty is assessed against a partnership that is required to file a partnership return.

  • The return is not filed on time, including extensions.
  • The return does not show all the information required.

The penalty is $50 times the total number of partners in the partnership during any part of the tax year for each month (or part of a month), up to 5 months, the return is late or incomplete.

Exception to filing penalty.

A partnership does not have to pay the penalty if it can show reasonable cause for failure to file a complete or timely return. A small farm partnership with 10 or fewer partners is generally considered to meet this requirement if the following information can be shown.

  • All partners have fully reported their shares of the partnership's income, deductions, and credits on timely filed income tax returns.
  • All partners are individuals (other than nonresident aliens), estates, or C corporations.
  • The partnership has not elected to be subject to the rules for consolidated audit procedures.

Consolidated audit procedures. In a consolidated audit proceeding, the tax treatment of any partnership item is generally determined at the partnership level rather than at the individual partner's level. After the proper tax treatment is determined at the partnership level, the IRS can automatically make related adjustments to the tax returns of the partners, based on their share of the adjusted items.

More information.

For more information on partnerships, see Publication 541.

Limited Liability Company (LLC)

An LLC is an entity formed under state law by filing articles of organization as an LLC.

An LLC with two or more members is classified as a partnership for federal income tax purposes unless it elects to be taxed as a corporation or was formed before 1997 and was taxed as a corporation. An LLC with one member is not treated as a separate entity for income tax purposes unless it elects to be taxed as a corporation.

If an LLC is not treated as a separate entity, its member reports the LLC income and expenses on Schedule C or C-EZ (Form 1040) or Schedule F (Form 1040) as if the LLC were a sole proprietorship. If the LLC is classified as a partnership, it files Form 1065. If the LLC is classified as a corporation, it files Form 1120. If the LLC is classified as a corporation and makes the election to be taxed as an S corporation, it files Form 1120S.

If an LLC is treated as a partnership, see Publication 541 for information on partnerships. If it is treated as a corporation, see Publication 542 for information on corporations.

Corporation

The rules you must use to determine whether your business is taxed as a corporation changed for businesses formed after 1996. However, if your business was formed before 1997 and taxed as a corporation under the old rules, it will generally continue to be taxed as a corporation.

Businesses formed after 1996.

Certain businesses formed after 1996 are taxed as corporations. They include the following.

  • A business formed under a federal or state law that refers to it as a corporation, body corporate, or body politic.
  • A business formed under a state law that refers to it as a joint-stock company or joint-stock association.
  • Any other business that elects to be taxed as a corporation by filing Form 8832.

For more information, see the instructions for Form 8832, Entity Classification Election.

Forming a corporation.

A corporation is formed by a transfer of money, property, or both by prospective shareholders in exchange for capital stock in the corporation.

If you transfer property (or money and property) to a corporation in exchange for stock in that corporation, and immediately afterward you are in control of the corporation, the exchange is usually not taxable.

If, in an otherwise nontaxable exchange, you also receive money or property other than stock, you may have to recognize gain. See Publication 544 or Publication 542 for more information.

Corporate tax.

Corporate profits are taxed to the corporation. If the profits are distributed as dividends, the dividends are taxed to the shareholders.

In figuring its taxable income, a farm corporation generally takes the same deductions that a noncorporate farmer would claim on Schedule F (Form 1040).

Form 1120 and Form 1120–A.

Unless exempt under section 501 of the Internal Revenue Code, all domestic corporations (including corporations in bankruptcy) must file an income tax return whether or not they have taxable income. A corporation must generally file Form 1120 to report its income, gains, losses, deductions, credits, and to figure its income tax liability. However, a corporation may file Form 1120–A if its gross receipts, total income, and total assets are each under $500,000 and it meets certain other requirements. For more information, see the instructions for Forms 1120 and 1120–A.

More information.

For more information on corporations, see Publication 542.

S Corporation

An S corporation is a qualifying corporation that elects to have its income taxed to the shareholders rather than to the corporation itself, except as noted next under Taxes. Its shareholders include in income their share of the corporation's nonseparately stated income or loss and separately stated items of income, deduction, loss, and credit.

To make this election, a corporation, in addition to other requirements, must not have more than 75 shareholders and each must consent to the election.

Taxes.

Although it is generally not liable for federal income tax itself, an S corporation may have to pay the following taxes.

  1. A tax on the following items.

    1. Excess net passive income.
    2. Certain built-in gains.

  2. The tax from the recapture of a prior year's investment credit.
  3. LIFO recapture tax.

An S corporation may have to make quarterly estimated tax payments for these taxes.

Form 1120S.

An S corporation files Form 1120S.

More information.

For more information on S corporations, see the instructions for Form 1120S.

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