Instructions For Pa20s/pa-65 Schedule Rk-1 - 2013 Page 5

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Reg §1.1402(a)-17.
recipients to the extent derived from
Contributions by a partnership to
their own capital. The distributions
a partner’s HSA for services
that the partnership makes that
rendered, however, are treated as
represent repayments of the
guaranteed payments that are
Part V
partner’s own capital are not
deducted by the partnership and
considered income for Pennsylvania
included in the partner’s income. In
Distributions from PA S
personal income tax purposes.
both situations, the partnership can
Corporations
deduct the contribution made to the
Line 12
partner’s HSA.
Line 14
Contributions to a nonresident
All Other Guaranteed
partner’s HSA for services must be
Distributions from the
Payments for Services
apportioned.
Pennsylvania Accumulated
Rendered
Contributions by an S corporation
Adjustments Account
Enter the partner’s share of such
to a 2 percent shareholder-
Enter the shareholder’s share of such
payments. Typically, guaranteed
employee’s HSA for services
distributions. If a liquidating
payments to partners are paid to the
rendered are treated the same as
distribution, fill in the oval. If the
extent the services are rendered
guaranteed payments to partners for
amount is in excess of basis it must
directly in the production of income
services rendered and are deducted
be reported on the shareholder’s
from a business, profession or farm,
by the S corporation as wage or
return as taxable gain on PA-20S/PA-
and/or from rental or royalty income.
salary expense and included in the
65 Schedule D.
shareholder-employee’s gross
Note.
compensation. The shareholder-
The partner must know
Line 15
employee can deduct the contribution
the class of income from
made to the shareholder-employee’s
Distributions of Cash,
which the partnership made the
HSA.
guaranteed payments. The partner
Marketable Securities and
must then properly classify the
Property
Line 13
payments on his/her PA-40
Enter the shareholder’s share of such
Individual Income Tax Return.
Guaranteed Payments to a
distributions. This line will include the
total of cash and the fair market
Retired Partner
Important.
If the total
value of all marketable securities and
Guaranteed payments to a retired
guaranteed payment includes
property distributed to the
partner must meet the exception
more than one of the income classes
shareholder.
described in IRC § 1402(a)(10).
described below, the partnership
Generally, retirement payments
must provide a statement to the
The PA S corporation includes
received by a retired partner from a
partners showing the amounts for
distributions to Pennsylvania
partnership (of which he or she is a
each line.
resident shareholders from its
member or former member) are
For Pennsylvania personal income
PA C corporation earnings and profits
counted as net earnings from self-
tax purposes guaranteed payments
as taxable dividend income on the
employment. Certain periodic
are classified as follows:
PA-20S/PA-65 Schedule RK-1, Part
payments by a partnership to a
If services are rendered directly in
II, Line 3.
retired partner made on account of
the production of income from a
retirement under a written plan of
business, profession, or farm, the
partnership are excluded from the
Part VI
guaranteed payments are gross
tax. To be effective, the plan must
income from that income class.
meet such requirements as are
Nontaxable Income
If services are rendered directly in
prescribed by Reg §1.1402(a)-17.
(Loss) In Owner’s Basis
the production of rental or royalty
It must apply to partners generally or
income, the guaranteed payments
Line 16
to a class or classes of partners, and
are gross income from that income
provide such payments at least until
Nontaxable Income or
class.
the retired partner's death.
Nondeductible Expenses
A guaranteed payment is
The exclusion applies to
Required to Calculate
allocable to Pennsylvania to the
retirement payments received by a
extent it is deductible from net
Owner’s Basis. Submit a
retired partner only if he or she
profits or rental and royalty income
Statement
renders no services in any business
that is allocable to Pennsylvania.
conducted by the partnership during
The difference between federal and
Income allocable to Pennsylvania is
the taxable year of such partnership,
Pennsylvania depreciation should not
income derived from Pennsylvania
ending within or with his or her
be included on this line. Line 16 is
sources.
taxable year in which amounts were
based on permanent nontaxable
received. At the end of such
income or nondeductible expenses in
Health Savings Accounts
partnership's taxable year, (1) there
calculating Pennsylvania-taxable
(HSA)
must be no obligation from other
income. This amount is generally not
Contributions by a partnership to a
partners to the retired partner, other
the same amount reported on the
bona fide partner’s HSA are not
than to make retirement payments
PA-20S/PA-65 Information Return,
contributions by an employer. The
under the plan, and (2) the retired
Part IV, Line 12 because Line 12
contributions are treated as a
partner's share in the capital of the
should include non-permanent items.
distribution of money and are not
partnership had been paid to him or
Submit a statement that includes
included in the partner’s income.
her in full. Code Sec. 1402(a)(10)
the entity’s name, entity’s federal
5

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