Instructions For Form P-1065 For Partnerships Doing Business In Pontiac

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040ES, if the total
1. The 50% deduction of net long-term capital gains applies to the
CITY OF PONTIAC INCOME TAX
20
PARTNERSHIP RETURN
Instructions for Form P-1065 for PARTNERSHIPS doing business in Pontiac
FILING DATE: Calendar year taxpayers must file by April 30, of
the requirements for the filing of a return, as provided by the
the next year. Fiscal year taxpayers must file within four (4)
Ordinance, for each partner who has no other income subject to
months after the end of their fiscal year.
the tax. However, an individual return shall be required from any
partner having taxable income other than his distributive share of
REMITTANCE: Partnerships electing to pay the tax for partners
the net profits of the partnership. In such instances, the partner
must remit for all partners when filing return. The tax due, if one
should enter as “Income from Partnerships” on his individual
dollar ($1.00) or more, must be paid when filing the return.
return, the amount shown on the partnership return on page 1,
column 1 and column 2. The deductions shown in column 3 and
Make Remittance payable to:
the credit in column 6 paid on his behalf by the partnership should
TREASURER - CITY OF PONTIAC
be taken as a credit on his individual return.
MAILING ADDRESS:
Partnership
as
Taxpayer
If the partnership elects to pay the tax on behalf of the partners
CITY TREASURER
then it assumes the status of a taxpayer to the following extent:
INCOME
TAX
DIVISION
1.
Time payment. Payment must be made within four (4)
47450 WOODWARD
AVENUE
months from the end of the fiscal year or period,
PONTIAC, Ml 48342-2245
otherwise it will be subject to interest and penalties the
same as a delinquent payment from any other taxpayer.
Who Must File a Partnership Return
2.
Payment of estimated tax. The election of the partnership
(Form P-1065)
Every partnership that conducted business activities in the City
to pay the tax on behalf of the individual partners also
of Pontiac after January 1, 1968, whether or not an office or place
carries with it the requirement to file a Declaration of
of business was maintained in the city, is required to file an annual
Estimated Income Tax, Form P-1040ES,
return within (4) months following the end of their taxable year. If
estimated tax for the partnership is expected to exceed
on a calendar year basis, the return must be filed by April 30 of the
$100, and to pay such tax. If the partnership so files and
next year. Syndicates, joint ventures, pools and like organizations
makes payments, the partners will not be required to file a
will also use Form P-1065. So called “tax option” corporations
Declaration as individuals unless they have additional
(under Sets 1371-1377, Internal Revenue Code) must file as
income (from which Pontiac income tax was not withheld)
corporations on Form P-1120.
on which the Pontiac tax is expected to exceed $100.
The fiscal year of the partnership will govern in
Resident
vs.
Non-Resident
Partners
establishing the dates for filing the Declaration and paying
Partners who are residents of Pontiac are taxed on their entire
the estimated tax.
distributive shares of the net profits of the partnership, including
that arising from business activities outside the city, and including
Income: Instructions for Page 1
interest, dividends, rents and royalties and gains from the sale or
Dividend Exclusion. 50% Capital Gains Deduction and Other
exchange of property, either tangible or intangible.
Deductions. Column 3. Any items of income which are non-
Partners who are non-residents of Pontiac are taxed on their
taxable and which are included in column 1 of this section may be
distributive shares of the portion of the net profits, which is
deducted in column 2.
attributable to business activity in the city, plus net rentals of
If the partnership elects to pay the tax for its partners, and an
property in the city and gains from the sale or exchange of real or
analysis of Column 7 of Schedule 1 on page 3 indicates that a
tangible personal property in the city. They are not taxed on their
partner has realized a long term capital gain, the capital gains
share of net rentals on property outside the city, gains from the
deduction of 50% of the excess of net long term capital gains over
sale or exchange of real or tangible property outside the city, gains
net short term capital losses is to be deducted in Column 2, page
from the sale or exchange of securities or other intangible
property, or interest or dividends.
first $50,000 only. Long-term capital gains in excess of $50,000
The Partnership Return, Form P-1065, is designed to
must be fully included in income.
distinguish between that income taxed to both residents and non-
If the analysis of Column 7, Schedule 1 on page 3 indicates a
residents, and that taxed to residents only.
net capital loss has been realized by any of the partners, the
The return shall include the entire net profit for the period
amount of the excess of the net capital loss included in Column 7,
covered and show the distributive share of each partner indicating
Schedule 1, page 3 over the partner’s allowable capital loss
those who are residents of Pontiac and those who are non-
deduction must be added back in Column 2, page 1. The
residents. If residency changes during the taxable period for any
allowable capital loss deduction is limited to % the net capital loss
partner, use two lines to indicate allocation of income by status in
but not in excess of the amount in Column 1, Page 1, or $1,000
all schedules where applicable.
whichever is lower.
Note, if the partnership is filing an information return only, the
Option to Pay Tax
individual partners will report their distributive share of the
At its election, the partnership may file either an information
partnership’s Section 1231 transactions and other sales and
return or it may compute and pay the tax, which is due with respect
exchanges of property on their individual P-1040 returns in the
to each partner’s share of the net profit of the business, after giving
same manner as provided in the Federal Internal Revenue Code.
affect to exemptions and other items to which each partner is
Any deduction other than the dividend exclusion allowed by the
entitled. Such election is available to all partnerships regardless of
Federal Internal Revenue Code must be explained in an attached
the residency of the partners. If the partnership makes the election
schedule.
to pay the tax for partners it must pay for all partners subject to the
Exemptions. Column 3. Exemptions are allowed for each
tax.
partner and his or her dependents. An exemption of $600 is
If the partnership elects to pay the tax on behalf of the partners
allowed for the partner, the partner’s spouse, and each dependent.
thereof, then such election and payments shall be deemed to meet
In general, the same rules apply in determining dependents as

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