Oklahoma Nonresident Fiduciary Income Tax Forms And Instructions

General Filing Information

ciary). A pass-through entity is not required to withhold

About the Tax...

income tax with regard to any nonresident member who

submits a Nonresident Member Withholding Exemption

The tax must be paid in full at the time of filing the

Affidavit (Form OW-15). Title 68 O.S. Sections 2385.29,

return. In case an extension for filing the return is

2385.30 and 2385.31.

requested, an estimate of the tax due must be filed and

the estimated tax paid in full before an extension can be

Withholding is not required on distributions made to

granted.

persons, other than individuals, who are exempt from

Federal income tax, organizations granted an exemp-

The Fiduciary shall be responsible for making the

tion under Section 501(c)(3) of the Internal Revenue

return, and the return shall be signed by the fiduciary, or

Code, insurance companies subject to the Oklahoma

by one fiduciary if there is more than one.

Gross Premiums Tax and therefore exempt from Okla-

homa income tax under Title 68 O.S. Section 2359(c)

Bankruptcy...

and nonresident members who have filed the Form OW-

15 “Nonresident Member Withholding Exemptions

The Fiduciary must file Form 513NR for the estate of an

Affidavit”. Withholding is not required on any distribution

individual involved in bankruptcy proceedings if a

of royalty income on which the nonresident royalty

Federal income tax return is required for the bankruptcy

interest income tax has already been withheld, on any

estate. Use Form 513NR as a transmittal for Form

distribution made to another pass-through entity or on

511NR. Complete the tax for the bankruptcy estate on

any distribution of income not subject to Oklahoma

the Form 511NR by using the instructions and tax table

income tax.

for a married person filing separately. Enter the com-

puted tax on Form 513NR, line 27, and remit payment

The following pass-through entities are not required to

of any tax due. Enclose a copy of the Federal return for

withhold:

the bankruptcy with the Oklahoma return.

· An entity electing to be treated as a disregarded entity

for Federal income tax purposes. A disregarded entity is

Accounting Methods...

an eligible entity that is treated as an entity that is not

separate from its single owner (i.e. Grantor Trust).

The taxable year and method of accounting under this

· An entity that does not have a requirement, or properly

act shall be the same as the taxable year and method of

elects out of the requirement, to file a Federal income

accounting for Federal income tax purposes.

tax return.

· An entity making a distribution of income not subject to

Fiduciaries in whatever capacity acting, having control,

Oklahoma income tax.

receipt, custody, disposal or payment of interest, rent,

· A resident or nonresident estate.

salaries, wages, premiums, annuities, compensation,

remuneration, emoluments, or other fixed determinable

• Distributions made from the trust

annual or other periodical gains, profits, or income,

Trusts, that make distributions subject to Oklahoma with-

amounting to $750 or more, paid or payable during the

holding, must register with the Oklahoma Tax Commission.

year to any taxpayer, shall make complete reports

thereof to the Commission, on Forms 500 and 501 to

Oklahoma Withholding for Nonresident Members. This form

reach the Commission on or before February 28,

can be obtained by calling our forms request line at (405)

following the close of the preceding calendar year.

521-3108 or from our website at

Important...

If you do not have a Federal Employer Identification

To file and pay the income tax withheld, the trust must

number, you may obtain one online at or by

complete Form OW-9-C "Nonresident Oklahoma Distributed

calling (800) 829-4933. If you would prefer to file a

Income Withholding Tax Report". The trust will file Form

paper application, contact the IRS and request Form

OW-9-C on or before the due date (including extensions) of

SS-4.

the trust’s income tax return.

Withholding on Nonresident

The trust must provide nonresident beneficiaries a Form

500-B, by the due date (including extensions) of its income

Members...

tax return, showing their respective amount of income and

tax withheld. Each nonresident beneficiary must enclose a

Pass-through entities (partnerships, S corporations,

copy of the Form 500-B with their Oklahoma income tax

limited liability companies or trusts) are required to

return as verification for this withholding. Copies of Form

withhold Oklahoma income tax at a rate of 5% of the

500-B, along with the cover Form 501, must be sent to the

Oklahoma share of income distributed to each nonresi-

Oklahoma Tax Commission by the same date.

dent member (partner, member, shareholder or benefi-

(continued on page 4)

Oklahoma Nonresident Fiduciary Income Tax Forms And Instructions - 2006 Page 3

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