Form Tpv-19 - Payment Of Tax For Nonresident Owners Page 2
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6Apportionable income
from the PTE and continues to make estimated tax pay-
ments for the current tax year; or
PTEs with business activity both inside and outside Oregon
• Files the Oregon affidavit.
during the year must calculate Oregon-source distributive
Do not withhold if the owner is another PTE, except for
income for nonresident owners. Fill out Schedule AP-1 to figure
entities that are disregarded for tax purposes. Two common
the apportionment percentage. Fill out Schedule AP-2 using the
examples of disregarded entities are:
PTEs modified distributive income to apportion the income
between Oregon and other states.
• Grantor trust: A grantor trust (usually called a revocable
trust or living trust) is where the grantor has control. If
Multiply line 11 on the Schedule AP-2 by the ownership
the grantor is a nonresident, withhold for the grantor the
percentage of each nonresident owner to get their share of
same as any other individual owner using the grantor’s
Oregon-source distributive income to calculate their tax
name and SSN.
payment.
• Single member LLC: Withhold if the member is a non-
Example: Charlie, an Oregon nonresident, owns 20 percent
resident individual or C corporation. Withhold for the
of ACME Partnership. For the year, the partnership had
member the same as any other individual or C corporation
$710,000 in ordinary income, $40,000 in capital gains, and
owner using the individual’s or corporation’s information.
$70,000 in domestic production activity deductions. ACME
estimated Charlie’s Oregon source income for each period at
If the PTE expects the total Oregon-source distributive
$3,750 and withheld $371 (9.9 percent). On Charlie’s Sched-
income of a nonresident owner to exceed $1,000 during the
ule K-1 and attachments, ACME reported his distributive
tax year, the PTE should begin submitting payments as of
income, ACME’s Oregon apportionment percentage (10
the first quarter that includes Oregon-source income. Tax
percent), and the tax paid to Oregon on his behalf ($1,484)
payments are required on the entire nonresident owner’s
which will also match the Form OR-19 annual report ACME
share of Oregon-source income, not just the amount exceed-
submitted.
ing $1,000.
On his Oregon return in the federal column, Charlie will
These payments are prepayments of tax by the PTE on
report his income of $142,000 and $8,000 from federal
behalf of the owners. The requirement to submit payments
Schedules D and E and deduction of $14,000. In the Oregon
is not dependent on whether the PTE makes any distribu-
column, he will multiply those amounts by 10 percent
tions to its owners. A PTE with distributive income that did
($14,200, $800, and $1,400). Since Oregon is disconnected
not pay any money to its owners will still submit Oregon
from the domestic production activities deduction, these
tax payments for its nonresident owners. A PTE with no
same amounts ($14,000 in the federal column and $1,400 in
distributive income that pays a distribution from capital or
the Oregon column) will also be added back in the additions
retained earnings, will not submit Oregon tax payments for
section of Charlie’s Oregon return.
its nonresident owners.
Guaranteed payments
Oregon-source distributive income
Guaranteed payments are treated as a business income
For estimated tax purposes, distributive income is the net
component of the PTEs distributive income and attributed
amount of income, gain, deduction, or loss of a pass-through
directly to the owner receiving the payment. See Oregon
entity for the tax year. It includes items directly related to the
Administrative Rule (OAR) 150-316.124(2).
PTE that are considered in determining the federal taxable
income of the nonresident owner. It also includes modifica-
Deductions
tions provided in Oregon Revised Statute (ORS) Chapter 316
Individual tax deduction
and other Oregon laws that directly relate to the PTE.
Examples of the modifications allowed that relate to the
Deductions normally allowed to individuals (itemized deduc-
PTEs income include adjustments for depreciation, deple-
tions or the standard deduction) are not allowed.
tion, gain or loss difference on the sale of depreciable prop-
Self-employment tax deduction
erty, U.S. government interest, and any modification for
federal targeted jobs tax credit. Modifications do not include
Each PTE must calculate the self-employment tax deduction
the federal tax subtraction, itemized deductions, and the
for each electing member that is subject to self-employment
Oregon standard deduction.
tax. The self-employment tax deduction that is attributable to
the Oregon-source distributive income is subtracted from the
Oregon-source distributive income does not include return of
Oregon-source distributive income to determine the amount
capital, income sourced in another state, or other distributions
upon which estimated tax payments are based.
not taxable by Oregon. Oregon-source distributive income is
the portion of the entity’s modified distributive income that
Credits
is derived from or connected with Oregon sources.
If the PTE has business activity only in Oregon, multiply the
Credits normally allowed on owners’ tax returns, such as the
distributive income of the PTE by the ownership percentage
credit for income taxes paid to another state, are not taken into
of the nonresident owner.
account for this purpose.
150-101-182 (Rev. 12-12)
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