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Form 1065-X for Queens New York: What You Should Know
What is a business income tax (BIT)? A business income tax (BIT) is the tax paid on qualified business income (“BIT”) which is a trade or business carried on by the partner of the partnership in which the partner is a partner and which is generally recognized by tax law as qualifying income of the partner. Taxpayers may recognize BIT when they, and either, the partner or partnership, engage in such a trade or business. The partners may, however, report BIT on a partner's Form 1065 to report the partnership's basis of the qualifying income. This form is Form 1065-R and should be submitted directly to the appropriate Taxpayer Advocate. 2. Why does an entity file a partnership return? An entity may file a Form 1065 partnership return if it is filing a return for itself and if it is the tax paying partner (“PP”) of a partnership. 3. The partnership tax return is filed on Form 1065-X. How is the partnership's return prepared? Form 1065-X is a Form 1065 or Form 1065-B (or equivalent) and is filed with Form 1065 in the same paper form. The partner's income and deductions, as well as all other items and items listed on the form, should be determined and entered the correct columns of the form. 4. How do we determine whether the partnership is a separate business entity? The entity should be the partner of the partner for whom the tax return is filed. You will not be able to determine if a partnership is a separate business if one partner reports on a partner's income for income tax purposes another partner's income for tax purposes. 5. Why can't my partner file Form 1065-X? When your partner files a partnership return on Form 1065-X, the 1065-X is filed by the same entity in which a partner would file a partnership return on its own. Therefore, the partnership may file Form 1065-X in the same form that the partner would file a partnership return on its own. Note that if a partner files a partnership return and the return contains lines 8 and 10, and only a partnership return is filed, each partner would be required to enter “None of the above reportable partners” on line 8 and “None of the above fillable partners” on line 10 of the tax return. 6.
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