Nonresident – A nonresident with income earned in Ohio will be subject to Ohio tax. A nonresident taxpayer is allowed a “nonresident” credit for all income not earned or received in Ohio.
Ohio Revised Code section (R.C.) 5747.08(D) allows each pass-through entity (defined below) to elect to file a composite return (Ohio form IT 4708) on behalf of one or more of the entity's direct and indirect investors other than C corpora- tions.
Tax return otherwise required by law. An S corporation may each year file a master income tax return, Form IT-1040M, on behalf of and as agent for its electing nonresident shareholders having no Ohio-sourced income other than their distributive share of income from the S Corporation.
The Ohio IT 4738 UPC is a required form for making pass-through entity and fiduciary income tax payments. This form ensures that payments are accurately applied to your account with the Ohio Department of Taxation. Ensure compliance by filling it out correctly to avoid delays in processing.
Form IT-1140 is a withholding return and needs to be completed for all qualified investors. The instructions give a detailed list of who isn't a qualified investor, one of which is any partner included in the composite return (IT-4708). Resident partners won't get withholding.
You'll likely have to file an Ohio state income tax return if: You're a resident or part-year resident of Ohio. You have income from an Ohio-based source.
Use the Ohio IT K-1 to report each investor's or beneficiary's proportionate or distributive share of the partnership's, corporation's, estate's or trust's Ohio income and credits.
Over the life of a general partnership, additional filings with the Ohio Secretary of State may be required. Although general partnerships are not required to submit annual or biennial filings, certain actions taken by the general partnership may trigger a filing requirement.
"Qualifying pass-through entities whose equity investors are limited to nonresident individuals, nonresident estates and nonresident trusts can file either Ohio forms IT 1140 or IT 4708. All other qualifying pass-through entities must file Ohio form IT 1140 and may also choose to file Ohio form IT 4708."
Who Has To File a Return? All estates not excluded above, residing in Ohio or earning or receiving income in Ohio, must file an Ohio Fiduciary Income Tax Return (Ohio form IT 1041) for the taxable year.