Illinois Recommendation for Partner Compensation

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US-L05042
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The Schedule for the Distributions of Earnings to Partners assures that all factors to be considered are spelled out in advance of such decisions. It lists the minimun participation amounts and defines what the term "normal participation" means. It also discuses fees and benefits for each partner.

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FAQ

You must file Form IL-1065, Partnership Replacement Tax Return, if you are a partnership, as defined in "Definitions to help you complete your Form IL-1065" in the Form IL-1065 instructions, and you have base income or loss as defined under the Illinois Income Tax Act (IITA) allocable to Illinois.

The tax rates for the new withholding tax are the same as they are under the existing nonresident withholding tax regime except that if the partner is a partnership or S corporation, the rate is equal to the rate imposed on individuals, i.e., 4.95%.

Partnerships who elect to pay PTE tax are subject to this tax for the privilege of earning or receiving income in Illinois in an amount equal to 4.95 percent (.

For help with other questions, see ?Where to Get Help? on Page 24 of this booklet. Generally, the rate for withholding Illinois Income Tax is 4.95 percent. For wages and other compensation, subtract any exemptions from the wages paid and multiply the result by 4.95 percent.

Withholding is at the partner's highest tax rate (i.e., under Section 1 or 37% for non-corporate foreign partners and 21% for corporate foreign partners).

What is the purpose of Schedule CR? Schedule CR, Credit for Tax Paid to Other States, allows you to take a credit for income taxes you paid to other states on income you received while a resident of Illinois. You are allowed this credit only if you filed a required tax return with the other state.

A PTE can be a limited liability company (LLC), S Corporation, or partnership. Under this legislation, a PTE can elect to pay the PTE tax on its net income. The PTE tax is 4.95%, which is the same flat rate as the Illinois individual income tax rate.

Tax Rate. The withholding tax rate on a partner's share of effectively connected income is 37% for noncorporate partners and 21% for corporate partners.

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Illinois Recommendation for Partner Compensation