R865.  Tax Commission, Auditing.

R865-9I.  Income Tax.R865-9I-13.  Nonresident’s Share of Pass-Through Entity Income Pursuant to Utah Code Ann. Sections 59-10-116, 59-10-117, 59-10-118, 59-10-1403.2, and 59-10-1405.

(1) The provisions of this rule apply to a pass-through entity that is not an S corporation.  For provisions that apply to a pass-through entity that is an S corporation, see rule R865-9I-56.

(2) A schedule shall be included with the return listing all of the following information for each nonresident pass-through entity taxpayer:

(a) name;

(b) address;

(c) social security number;

(d) percentage of ownership in pass-through entity;

(e) Utah income attributable to that pass-through entity taxpayer.

(3) A pass-through entity shall calculate the tax it withholds on behalf of its nonresident pass-through entity taxpayers by:

(a) multiplying the income of the pass-through entity attributable to nonresident pass-through entity taxpayers by the tax rate in effect under Section 59-10-104; and

(b) subtracting from the amount calculated in Subsection (4)(a) any amounts withheld from the pass-through entity under Section 59-6-102 attributable to nonresident pass-through entity taxpayers.

(4) The pass-through entity’s federal identification number shall be used on the form TC-65 in place of a social security number.

KEY:  historic preservation, income tax, tax returns, enterprise zones

Effective:  9/17/2009