Form 65 - Instructions For Tax Form Installment

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Form 65 Instructions
Which partnerships must file an
booklets. A partnership is not subject to tax, but each
partner’s distributive share of net income (or loss) and
Oregon partnership return?
separately stated items must be reported on that partner’s
• Every partnership having income from sources in Oregon.
individual return.
• Every partnership having one or more Oregon resident
Partners report their share of Oregon modifications on
partners.
Forms 40, 40N, or 40P. Generally, increases to income go
on the “Other additions” line of the Oregon individual
What must be attached to the
return. Generally, decreases to income go on the “Other
subtractions” line of the Oregon individual return. Label the
Oregon partnership return?
line “Oregon partnership modifications.” Separately stated
Attach the information in the following order:
items go on the appropriate line of the Oregon individual
return.
• A list of partners, if more than 10 partners at any time
during the year.
Nonresident partners can choose to file an individual
• An apportionment schedule, if you answered yes to ques-
nonresident return or join together to file a multiple non-
resident tax return. Call (503) 945-8462 to order instructions
tion 5 on Form 65.
for filing multiple nonresident returns.
• An Oregon Depreciation Schedule (form 150-101-025), if
Oregon depreciation is different from federal depreciation.
Oregon modifications to federal
• If this is the final partnership return, a schedule showing
partnership income
to whom all assets and liabilities were distributed, and
each asset’s adjusted basis and fair market value.
Complete Schedule I to figure Oregon modifications to fed-
• A copy of federal Form 1065, U.S. Partnership Return of Income,
eral partnership income. Attach schedules if necessary to
or Form 1065-B, U.S. Return of Income for Electing Large Part-
explain and compute the modifications.
nerships. Include all pages and supporting schedules.
Generally, each partner’s share of modifications is figured by
• Federal Schedule K-1s, if the partnership has less than 11
using the profit sharing percentage shown on that partner’s
partners during the year.
federal Schedule K-1. Each partner’s share of the Oregon
modifications must be reported on the partner’s Schedule
Filing deadlines and date of
K-1 or equivalent. Show separately any Oregon modification
connection to federal law
which could have a special tax effect on a partner’s individual
return. The modifications may be added to the federal Sched-
Returns for the 1998 calendar year are due by April 15, 1999.
ule K-1s and labeled “Oregon modifications.”
Fiscal year returns are due by the 15th day of the fourth
Gain on voluntary and involuntary conversions. Part-
month after the end of the partnership’s tax year.
nerships may elect for their resident partners to defer the
Oregon is permanently tied to federal law. Most items are
gain on voluntary and involuntary conversions where prop-
treated the same way on your Oregon and federal returns.
erty voluntarily or involuntarily converted is in Oregon and
Any future federal law changes will automatically be
the property acquired is outside Oregon.
adopted by Oregon. The partnership’s tax year for Oregon
must be the same as for federal. Oregon doesn’t have a
Partnerships must make the election for all consenting resi-
dent partners. Attach a statement to Oregon Form 65 stat-
required payment for partnerships choosing an alternative
ing that the Oregon partners are electing to defer the gain.
tax year.
To defer the gain to property outside Oregon, the Oregon
Oregon recognizes the federal “check the box” regulations
partners must agree to report the gain if they later become
for unincorporated organizations. Also, Oregon treats the
nonresidents. They must also report the gain if they lose
electing large partnership the same as federal.
their federal deferral.
Partnership failure-to-file penalty
Nonresident partners must report the gain when the prop-
erty voluntarily or involuntarily converted is in Oregon and
A penalty may be assessed if a partnership doesn’t file a
the property acquired is outside Oregon. The basis of the
return or fails to provide information to the Department of
property must be adjusted for those nonresident partners.
Revenue as required by law. The penalty is $50 per month
per partner for each month the return is late or incomplete,
Depreciation differences (1981–1985 ACRS assets)
up to a maximum of five months. Each partner is person-
The 1996 law requiring a mandatory one-time adjustment
ally liable for a portion of the penalty.
to align Oregon basis with federal basis for these assets was
revised to make the adjustment elective. If you received no
Individual income tax returns
benefit from making this adjustment in 1996, you may
revoke it by amending your 1996 return. By revoking the
The Oregon individual income tax booklet lists filing
adjustment, you will need to report a depreciation differ-
requirements for partners’ individual income tax returns. See
page 2 to order full-year resident and part-year/nonresident
Page 1

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