Instructions For Form Pa-20s/pa-65 - Schedule Rk-1 - Resident Schedule Of Shareholder/partner/beneficiary Pass Through Income, Loss And Credits - 2012 Page 5

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

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