Instructions For 2009 Schedule Y: Wisconsin Subtraction Modification For Dividends

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Instructions for 2009 Schedule Y:
Wisconsin Subtraction Modification for Dividends
Purpose of Schedule Y
Elimination of Dividends from Combined Unitary
Income
Corporations and combined groups complete Sched-
ule Y to report the amount of dividends that may be
The elimination of dividends from combined unitary
subtracted from federal taxable income under the
income applies only to corporations that are in com-
Wisconsin dividends received deduction. Combined
bined groups. Under sec. 71.255(4)(f), Wis. Stats.,
groups also use Schedule Y to report the amount of
and s. Tax 2.61(6)(e), Wisconsin Administrative
intra-group dividends that may be eliminated from
Code, a dividend paid between two members of the
combined unitary income in cases where the Wis-
same combined group may be eliminated from the
consin dividends received deduction does not apply.
group’s combined unitary income if it meets the fol-
lowing requirements:
Combined groups complete Schedule Y for the group
The dividend doesn’t already qualify for the Wis-
as a whole; they do not need to complete it for each
consin dividends received deduction under
member.
sec. 71.26(3)(j), Wis. Stats.
The dividend was paid out of earnings and profits
NOTE: Do not use Schedule Y to report dividends
attributable to net income or loss that was in-
that are nontaxable for reasons other than the
cluded in the group’s combined unitary income in
Wisconsin dividends received deduction or the
the current taxable year or a prior taxable year
elimination of intra-group dividends from combined
unitary
income.
See
the
instructions
for
The dividend does not exceed the payee’s basis
Schedule W, line 6 for reporting those dividends.
in the payer’s stock
Transitional Rule. If the intra-group dividend was
Below is an explanation of each type of dividend re-
paid out of earnings and profits (E&P) that were gen-
portable on Schedule Y, followed by line-by-line in-
erated in a taxable year beginning before January 1,
structions.
2009, the dividend may be eliminated from combined
unitary income to the extent the net income that gen-
erated the E&P would have been included in com-
bined unitary income under sec. 71.255, Wis. Stats.,
Wisconsin Dividends Received Deduction
(the statute requiring combined reporting) if that sec-
tion had been in effect in those years.
The Wisconsin dividends received deduction is avail-
able to corporations that are separate entity filers as
Computing Earnings and Profits. The following
well as combined group filers. Under sec. 71.26(3)(j),
rules apply to the computation of E&P for purposes of
Wis. Stats., a dividend is deductible for Wisconsin
the dividend elimination:
purposes if it meets the following requirements:
1. LIFO Rule: Dividends are treated as paid first out
It is paid on common stock, and
of current E&P. If the dividends paid exceed cur-
The corporation receiving the dividend owned at
rent E&P, then the dividends are treated as paid
least 70% of the total combined voting stock of
out of E&P accumulated in preceding years, be-
the payer corporation for the entire taxable year.
ginning with the year closest to the current year.
If the payee corporation is in a combined group, it
2. Pro Rata Rule: With respect to an individual tax-
must own the stock of the payer corporation for the
able year, dividends are treated as paid from all
payee’s entire taxable year that is included in the
E&P earned in that taxable year on a pro rata ba-
combined return.
sis according to the proportion of net income that
was included in the combined unitary income for
For purposes of Schedule Y, the Wisconsin dividends
that taxable year.
received deduction under sec. 71.26(3)(j), Wis.
Stats., is called the “70% ownership” dividend deduc-
3. Tiering-up Rule: The dividend payer’s E&P are
tion.
generally determined using the federal consoli-
dated
return
regulations
(Treas. Reg.
§1.1502-33) as if the combined group is a federal
IC-125

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