Form 510 - Maryland Pass-Through Entity Income Tax Return - 2010 Page 9
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13Name, Address and Other Information
amount of income/loss for the PTE, less
705 in one of the code number boxes at the
interest from federal obligations.
bottom of Form 510.
Type or print the required information in the
designated area. Enter the exact PTE name
The distributive share of income for partnerships
Partnerships, however, such as brokerage
and continue with any “Trading As” (T/A) name
is the net amount of lines 1 through 11 of federal
firms that deal with the general public, are not
if applicable.
Form 1065 - Schedule K. The distributive share
exempt if the business is conducted within
of income for a partnership electing to file as a
Maryland and should complete lines 5-19. See
Enter the federal employer identification
“large partnership” is the net amount derived
Administrative Release 6.
number (FEIN). If a FEIN has not been
from adding lines 1a, 2 through 4b, 7, and 8 of
secured, enter “APPLIED FOR” followed by the
Line 5 - Percentage of ownership by
federal Form 1065-B-Schedule K. The pro rata
date of application. If a FEIN has not been
nonresident individual members Enter the
share of income for S corporations is the net
applied for, do so immediately.
total percentage of ownership by nonresident
amount of lines 1 through 10 of federal Form
individual members. If the profit/loss allocation
Enter the date of organization or incorporation
1120S - Schedule K.
is different from the ownership percentage, use
and the federal business code number. This
the profit/loss allocation to complete this line. If
date must be expressed numerically, using two
ALLOCATION OF INCOME
100% leave blank.
digits each for the month, the day and the year.
For unistate PTEs, all income is allocable
The federal business code is a six-digit number
Line 6 - Distributive or pro rata share of
to Maryland. If the entity is unistate, meaning
available from the federal return which identifies
income
for
nonresident
individual
that business is conducted only in Maryland,
the principal business activity.
members Multiply line 4 by the percentage
do not complete this area.
Multistate PTEs, those conducting busi-
on line 5 and enter the result. If line 5 is blank
Be sure to check the applicable box to indicate
ness in more than one state, must allocate
because the percentage of ownership equals
the type of PTE: partnership, S corporation,
income if any member is a nonresident indi-
100%, enter the amount from line 4.
limited liability company or business trust.
vidual or a nonresident entity. If there are no
Line 7 - Nonresident individual tax Multiply
nonresident members, do not complete this
Check the applicable box if: (1) the name or
the amount on line 6 by 6.25%.
area.
address has changed; (2) this is the first filing
of the PTE; (3) this is an inactive PTE (in
Line 8 - Special nonresident tax
Multiply
Line 3a - Non-Maryland income Multistate
Maryland and elsewhere); (4) this is the final
the amount on line 6 by 1.25%. All nonresident
partnerships with one or more nonresident
return of a PTE that has dissolved, liquidated
individuals are liable for an additional state tax
partners may use separate accounting to
or withdrawn from Maryland; or (5) this tax
on income allocable to Maryland calculated at
allocate income. Multistate S corporations with
year’s beginning or ending dates are different
the lowest local income tax rate in place for the
one or more nonresident shareholders may
from last year’s because of an acquisition or
tax year.
use separate account i ng if the activity of the
consolidation. Do not check the box for inactive
Line 9 - Total Maryland tax on individual
corporation within Maryland is nonunitary. If
or final if the PTE is inactive in Maryland but
members Add lines 7 and 8.
using separate accounting, enter the amount of
active elsewhere.
Line 10 - Percentage of ownership by
income or loss allocable to other states and
If this is an amended return, check the
nonresident entity members Enter the total
attach a worksheet detailing the alloca t ion
applicable box and draw a line through any
percentage of ownership by nonresident entity
between or among the states.
barcode on the front of the return.
members. If the profit/loss allocation is different
Line 3b - Maryland apportionment
Tax Year or Period The tax year is shown at
from the ownership percentage, use the profit/
factor Multistate partnerships with one or
the top of Form 510. The form used for filing
loss allocation to complete this line. If 100%
more nonresident partners may elect the
must reflect the preprinted tax year in which
leave blank.
apportionment method of allocation. Multistate
the PTE’s tax year begins. The same tax year
Line 11 - Distributive or pro rata share of
S corporations with one or more nonresident
or period used for the federal return must be
i n c o m e
f o r
n o n r e s i d e n t
e n t i t y
shareholders must use the apportionment
used for Form 510.
members Multiply line 4 by the percentage
method unless the activity of the corporation
If the tax year of the PTE is other than a
on line 10 and enter the result. If line 10 is
within Maryland is nonunitary. If using the
calendar year, enter the beginning and ending
blank because the percentage of ownership
apportionment method, see the instructions for
dates of the fiscal year in the space provided at
equals 100%, enter the amount from line 4.
computation of apportionment factor on page 7
the top of Form 510.
and enter the apportionment factor as
Line 12 - Nonresident entity tax Multiply the
calculated on page 2 of Form 510.
Line 1 - Number of members Enter the
amount on line 11 by 8.25%.
number of members that are individual
Line 4 - Distributive or pro rata share of
Line 13 - Total nonresident tax Add lines 9
residents of Maryland (including resident
income allocable to Maryland For unistate
and 12.
fiduciaries), the number that are individual
PTEs, or multistate PTEs without nonresident
Line 14 - Distributable cash flow
nonresidents of Maryland (including
members, enter the amount shown on line 2.
limitation
PTEs may elect to use the
nonresident fiduciaries), the number of
For multistate PTEs using separate accounting,
distributable cash flow method to limit the
nonresident entities, the number of other
subtract line 3a from line 2 and enter the
nonresident tax which must be paid by the
entities and the total number of all members.
difference. For multistate PTEs using the
PTE. If the distributable cash flow is less than
Include in “Others” entities that are tax exempt
apportionment method of allocation, multiply
the nonresident tax, the required payment is
under IRC Sections 408(e) or 501.
line 2 by the factor on line 3b and enter the
limited to the amount determined by the
result.
A single member LLC that is a disregarded
distributable cash flow method.
entity for federal purposes is treated as an
NOTE: Do not complete lines 5 through 19:
Election of the distributable cash flow
individual or corporation depending upon
limitation will not reduce the tax liability of
1. unless the PTE has members that are
whether the single member is an individual or
the nonresident members.
nonresidents of Maryland (there is an entry in
corporation for purposes of computing the
1b or 1c), or
If the distributable cash flow limitation is used,
nonresident tax.
check the box and enter the result on line 14. If
2. if the PTE is a partnership whose activities
Note: In these instructions, the term individual
less than zero, enter zero. If the distributable
and assets are limited to investment in stocks,
includes fiduciaries, unless specifically
cash flow limitation is not used, do not complete
bonds, futures, options or debt obligations
excepted.
this line.
other than debt instruments directly secured by
Line 2 - Total distributive or pro rata shares
real or tangible personal property. It is not
Line 15 - Nonresident tax due If the
of income per federal return Enter the
subject to the nonresident tax merely because
distributable cash flow limitation is not used,
distributive or pro rata share of income from
the investment decisions, trading orders,
enter the amount shown on line 13. If the
the federal return. Distributive or pro rata share
research and the like are conducted by a
distributable cash flow method is used, enter
of income is defined for this purpose as the net
general partner from a Maryland location. Enter
the lesser of line 13 or line 14.
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