Form It-565 - Partnership Return Of Income Page 2

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Page 1
IT-565i (1/13)
Instructions for Completing Form IT-565
Partnership Return of Income
Louisiana Department of Revenue
P. O. Box 3440
Baton Rouge, LA 70821-3440
Partnerships not required to file a return
(2). A principal partner is one who has an interest of five percent or more
A partnership return is not required if all partners are natural persons
in the partnership profits or capital.
who are residents of Louisiana (R.S. 47:201).
Accrued or received income
Partnerships that must file a return
If records are kept on an accrual basis, report all income accrued, even
Any partnership doing business in Louisiana or deriving any income
though it has not been actually received or entered in the records, and
from sources therein, regardless of the amount and regardless of the
report all expenses incurred, not just expenses paid.
residence of the partners, must file a return of income on Form IT-565
If records do not show income accrued and expenses incurred, report
if any partner is a nonresident of Louisiana or if any partner is not a
all income received or constructively received, such as bank interest
natural person. If the partnership has income that is derived from sources
credited to your account and expenses paid.
partly within and partly outside of Louisiana, Form IT-565B must be
filed with Form IT-565. The term “partnership” includes syndicates,
Penalties
groups, pools, joint ventures, or other unincorporated organizations,
The penalty for willfully making a false or fraudulent return or for
through or by means of which any business, financial operation, or
willful failure to make and file the return on time shall not be more
venture is carried on, and that are not trusts, estates, or corporations
than $1,000, or imprisonment for not more than one year, or both,
within the meaning of the Louisiana Income Tax Law.
and shall include the costs of prosecution.
Income tax returns of partners
Income items exempt from tax
Each partner that is a natural person must include on his individual
The following are some types of income that are exempt from Louisiana
return, his distributive share, whether or not such share is distributed
income tax and should not be included in gross income:
to or withdrawn by the partner, the net income of the partnership
(a) Amounts received under a life insurance contract paid by reason
during the partnership’s accounting period (whether fiscal or calendar
of the death of the insured and paid at the death of the insured.
year), that ended during his taxable year (whether fiscal or calendar
For treatment of amounts paid at a date later than death, see R.S.
year). Form IT-540 is for resident individuals. A nonresident member
47:43(D).
of a partnership who does not have a valid agreement on file with LDR
must be included in a Composite Partnership Return (Form R-6922).
(b) That portion of an annuity that represents a return of the taxpay-
Nonresident partners who have a valid agreement or who have other
er’s investment. (See R.S. 47:44.)
income derived from Louisiana sources, must include all income derived
(c) Gifts (not received as a consideration for services rendered) and
from Louisiana sources on Form IT-540B.
money and property acquired by bequest, devise, or inheritance.
Individuals should use the information reported on the federal
However, the income derived from such property is taxable.
partnership return instead of the amounts shown in the partners’
allocation schedule. Corporations should refer to LRS-47:287.93(A)(5).
(d) Interest on obligations of the United States Government and/or
its instrumentalities.
When and where the return must be filed
(e) Interest on obligations of the State of Louisiana and its political
Returns for a calendar year must be filed with the Department of
or municipal subdivisions to the extent as is now exempt by law.
Revenue, Box 3440, Baton Rouge, LA 70821-3440, on or before May
15 of the year following the close of the calendar year. Returns for fiscal
List in Schedule K all items of income reported on your Federal return,
years must be filed on or before the 15th day of the fifth month after
but not on your Louisiana return.
the close of the fiscal period.
Information at the source
Period to be covered by return
Any person, firm, partnership, trust, corporation, or organization
The return must be filed for a calendar year, or for a fiscal year of 12
making payments totaling $1,000 or more during any calendar year for
months, ending on the last day of any month other than December,
lease bonuses, delay rentals, and/or royalties respecting mineral leases
or for an annual period of 52/53 weeks, if records are kept on this
affecting lands located in Louisiana and rentals paid with respect to
basis. You must clearly indicate the beginning and ending dates being
real property located in Louisiana to a nonresident individual or a firm,
covered at the top of the return. The accounting period established
partnership, trust, corporation, or organization not located in Louisiana
on the first return must be adhered to for subsequent years under
shall file an information return with the Secretary of Revenue on or
Louisiana Income Tax Law, unless permission to make a change is
before June 1 of the following year for each such payee. The return shall
received from the Secretary of Revenue.
include the name, address, Federal Employer Identification Number,
A change by any partnership from one taxable year to another, or the
and/or Social Security Number of both the payor and payee. There
adoption by a new partnership for an initial taxable year, must meet the
shall also be included the amount and description of payments to
provisions of R.S. 47:206(B)(1). A change by a principal partner from
each such payee. The Federal Information Return Form (Form 1099)
one taxable year to another must meet the provisions of R.S. 47:206(B)
for reporting such payments may be used for reporting the required

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