Instructions For Delaware Form 300-I - 2012

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DELAWARE PARTNERSHIP RETURN INSTRUCTIONS
DELAWARE
FORM 300-I
FOR TAX YEAR 2012
GENERAL INSTRUCTIONS
WHO MUST FILE RETURNS:
A PARTNERSHIP RETURN MUST BE COMPLETED BY ANY BUSINESS TREATED AS A PARTNERSHIP FOR
FEDERAL PURPOSES WHICH HAS ANY INCOME OR LOSS, REGARDLESS OF AMOUNT, DERIVED FROM OR
CONNECTED WITH A DELAWARE SOURCE. IF THE PARTNERSHIP HAS NO DELAWARE SOURCED INCOME OR
LOSS, NO RETURN IS REQUIRED TO BE FILED.
Income derived from Delaware sources includes: (a) income attributable to the ownership of any interest in real
property or tangible personal property located in Delaware and intangible personal property to the extent the intangible is
used in a trade, business, profession or occupation carried on in Delaware; and
(b) income attributable to a trade, business, profession or occupation conducted in Delaware.
COMPUTATION OF THE TAX:
A partnership, as such, is not subject to tax. Instead, the partnership’s partners are liable for Delaware personal income
tax on their respective shares of partnership income.
A non-resident partner of a partnership with income from Delaware sources must file Form 200-02 NR (Non-Resident
Delaware Income Tax Return or a Composite Return) and report their share of Delaware sourced partnership income or
loss. A resident partner must file Form 200-01 (Delaware Resident Income Tax Return) and must report their share of
partnership income or loss.
WHEN AND WHERE TO FILE:
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Partnerships must file by the 30
day of the fourth month following the close of their tax year. Returns should be mailed to
the Delaware Division of Revenue, P.O. Box 8703, Wilmington, DE 19899-8703.
EXTENSION OF TIME TO FILE:
Extension of time to file returns may be obtained by submitting a copy of the Federal Extension Application on or before
the due date of the partnership return.
A photocopy of the approved Federal extension MUST be attached to the final
return when filed. The approved Federal extension will extend the due date of the Delaware return to the same date as your
Federal extension due date.
PENALTIES AND INTEREST:
PENALTY – FAILURE TO FILE – A penalty will be imposed on partnerships for failure to file a partnership return or
failure to furnish the information on such return.
The amount of the penalty imposed for each month such failure
continues, is the product of $25.00 times the number of partners during any part of the taxable year, but is limited to a
maximum of 5 months.
PENALTY – NEGLIGENCE/FRAUD – The law provides severe penalties for a false or fraudulent return, or for making a false
certification. The mere fact that the figures you report on your Delaware return are taken from your Federal return will not
relieve you from the imposition of these penalties.
AMENDED RETURNS:
The Partnership can make changes to income, deductions, credits, etc., by filing an Amended Partnership Return. This form
should also be filed when you have been notified as to the results of a Federal Audit. A copy of the Federal Audit and/or
Amended Federal Form 1065, with all supporting schedules, must be attached to the Delaware Amended Return.
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