District of Columbia Selected Consequences of Public Company Status Memorandum

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Multi-State
Control #:
US-TC1014
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Description

As a result of the public offering of securities by the company, the company will be obligated to file various periodic reports with the SEC. This memorandum lists all those reports (10-K, 10-Q, 8-K, etc.), what each report is, and the filing guidelines for each one.

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FAQ

Except for partnerships required to file an unincorporated business fran- chise tax return, DC Form D-30, or corporation franchise tax return, DC Form D-20, or an LLC, or publicly traded partnership that filed a federal corporation return, all partnerships engaged in any trade or business in DC or which received income ...

Generally, every corporation or financial institution must file a Form D-20 (including small businesses, professional corporations, and S corporations) if it is carrying on or engaging in any trade, business, or commercial activity in the District of Columbia (DC) or receiving income from DC sources.

How is the 183 days residency rule applied to tax returns? Every day that a taxpayer is in the District of Columbia and maintains a place of residency for an aggregate of 183 days or more, including days of temporary absence is counted towards the 183 days residency rule.

In addition, if an individual is domiciled in another jurisdiction, they must file a DC individual income tax return if that individual maintained a place of abode for a total of 183 days or more during the year at issue.

A business is exempt if more than 80% of gross income is derived from personal services rendered by the members of the entity and capital is not a material income-producing factor. A trade, business or professional organization that by law, customs or ethics cannot be incorporated is exempt.

Any non-resident of DC claiming a refund of DC income tax with- held or paid by estimated tax payments must file a D-40B. A non-resident is anyone whose permanent home was outside DC during all of 2022 and who did not maintain a place of abode in DC for a total of 183 days or more during 2022.

2. FP-31 Tax Return. The FP-31 tax return is essential for individuals who use property for business purposes in D.C. This includes rental property owners, freelancers, contractors, and 1099-NEC employees.

Section 47-1801.04(17) of the DC Official Code describes a statutory resident as any individual who maintains a place of abode within the District for an aggregate of 183 days or more during the taxable year, whether or not such individual is domiciled in the District.

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District of Columbia Selected Consequences of Public Company Status Memorandum