Kettering Business Income Tax Return General Information

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KETTERING BUSINESS
CITY OF KETTERING, OHIO Tax Division
P. O. Box 293100 • Kettering, Ohio 45429-9100
INCOME TAX RETURN
Telephone (937) 296-2502
Fax (937) 296-3242
GENERAL INFORMATION
Forms are available on the internet at
Who Must File:
Extensions: Taxpayers can request a six (6) month extension of time in which
to file their Kettering Income Tax Return by submitting a copy of their federal
C-Corporations: C-Corporations are required to file as entities on the net profits
extension request along with Kettering Form KX-1 to the Tax Division on or
earned that are derived from sales made, work done, services performed or
before the original due date of the return. Payment of any tax liability must
rendered and business or other activities conducted in Kettering, whether or not
accompany the Extension Request since an extension of time to file is not an
such corporation has a place of business in Kettering.
extension of time to pay the tax due. If no extension is filed, penalty and interest
charges will apply.
S-Corporations: S-Corporations are required to file in the same manner as C-
Corporations and report any income or loss. If the S-Corporation has net income,
Refunds: Refunds due to an overpayment of estimated tax payments made
the corporation must pay the tax due rather than the individual shareholders. The
on your behalf by an association, may be requested, provided any overpayment
individual shareholders of an S-Corporation do not include any gain or loss on
is $1.00 or more and you have indicated on the return a desire to have a refund.
their individual returns.
No refund or credit carryovers of overpayment to subsequent years shall be
Partnerships: A partnership is required to file as an entity. If the partnership has
allowed unless a written request is presented to the Tax Manager within three
net income, the partnership must pay the tax due.
(3) years of the date the taxes were due.
Partners are required to include all partnership income and losses on their
Penalties and Interest:
individual returns. If income, a credit may be claimed for tax paid by the partnership.
Penalty is assessed on the late payment or non-payment of tax due at the rate
For loss carryforward purposes, a partnership loss does not remain at the
of 1½% per month or fraction thereof, or 10%, whichever is greater.
partnership level. All losses flow down to the partners; therefore, non-resident
partners need to file a Kettering return in order to use any loss carryforward.
Interest is assessed on all tax remaining unpaid after becoming due. The rate
is adjusted annually based on federal short-term rate +3%. Please call (937)
Please note that there is one exception to the partnership filing requirements. A
296-2502 for the current rate.
partnership may, with approval by the Tax Manager, elect to apply loss
carryforwards at the partnership level if all partners agree not to include the
In addition, violations of any provision of the Income Tax Code may constitute
income or loss at the individual level. This change has been made for the
a misdemeanor subject to the penalties outlined in the Income Tax Code.
convenience of partnerships whose partners have no reason to file a Kettering
return other than to claim a refund of their share of Kettering tax credit(s).
Operating Losses: The portion of any taxable year’s net operating loss,
Partnerships with partners who are Kettering residents may also request to use
allocable to the City of Kettering, may be CARRIED FORWARD and applied
this method if all partners agree to exclude the income or loss at the individual
against a succeeding taxable year’s net profit, allocable to the City of Kettering,
level. The resident partner must still include the K-1 with his individual Kettering
until exhausted. In no event, however, may losses incurred in tax years after
Income Tax Return and note that the income or loss has been taken at the
2000 be carried forward for more than three (3) years immediately following
partnership level. In either situation, all Schedule(s) K-1 must be included with
the taxable year in which the loss occurred. (Losses sustained in tax years
the partnership return.
1987 - 2000 can be carried forward five (5) years.) No portion of a net operating
loss shall be CARRIED BACK against the net profits of any prior taxable year.
LLC(s): A limited liability company is required to file consistent with its federal
filing. For example, if the LLC is recognized as a partnership at the federal level,
Note: For loss carryforward purposes, a partnership loss does not remain
it should file as a partnership at the local level.
at the partnership level. All losses flow down to the partners; therefore,
non-resident partners need to file a Kettering return in order to use any
Miscellaneous Entities: Any undertaking, not specifically defined above,
loss carryforward.
conducting activities or producing income, including but not limited to, rental of
real estate and personal property, and a business conducted by a trust or
Attachments to be included with your return:
guardianship of an estate that produces a net profit shall be subject to city income
tax and is required to file a return as an entity.
Partnerships/Associations should attach all pages of their Federal Form
1065 (including all schedules) and copies of all K-1s. NOTE: Preparers should
Note: All taxpayers engaged in business, including S-Corporations and
note each partner’s share of city income and city tax paid on each partner’s
partnerships, must file an annual return even if a loss is claimed by the
behalf on their respective K-1s.
business.
Corporations should attach copies of all pages of their Federal Form 1120
Estimated Tax Payments: Any entity anticipating taxable income is required to
or 1120S (including all schedules), whichever is applicable. Corporations
make quarterly estimated tax payments when their tax liability exceeds $100.00.
who file their Federal return using Form 1120A should attach copies of all
Taxpayers must have 90% of their current year tax liability or 100% of their previous
pages of their 1120A.
year’s tax liability paid through quarterly estimated tax payments by December
15 of the current year. Quarterly estimated tax payments are due on or before
Fiduciaries/Trusts/Estates should attach a copy of Page 1 of their Federal
April 15, June 15, September 15, and December 15. Fiscal year taxpayers should
Form 1041 (including all schedules).
substitute corresponding dates. The first estimated tax form is found at the bottom
of the income tax return. Estimated payment vouchers for the second, third and
All Taxpayers should attach copies of all 1099-MISC forms issued to Ohio
fourth quarters are included with your annual income tax return package. You
residents.
will not be mailed quarterly statements.
Disclaimer: Definitions and instructions are illustrative only. The tax ordinance
When and Where to File Returns: This return must be filed on or before the
supersedes any interpretation presented.
fifteenth day of the fourth month following the close of the tax year. For calendar
year taxpayers, this means the return is due April 15. Fiscal year tax payers
should substitute corresponding dates. Make checks or money orders payable
to CITY OF KETTERING, and mail to: Kettering Income Tax Division, P.O.
Box 293100, Kettering, Ohio 45429-9100.
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