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Outline

The Kentucky 765 form, officially known as the Partnership Income Return, serves as a crucial document for partnerships operating within the state. Designed to capture a partnership's income, deductions, and credits, this form is essential for ensuring compliance with Kentucky tax regulations. Partnerships must provide detailed information, including the business commencement date, the number of partners, and various identification numbers. Additionally, the form requires a complete copy of the federal return to be attached, allowing for a comprehensive overview of the partnership’s financial activities. Specific sections of the form address ordinary income, deductions, and the allocation of income among partners, ensuring transparency and accuracy in reporting. Furthermore, it includes provisions for various types of partnerships, such as general partnerships and limited liability companies, while also addressing disregarded entities and qualified investment partnerships. Understanding the intricacies of the Kentucky 765 form is vital for partnerships to navigate their tax obligations effectively and to avoid potential penalties.

Sample - Kentucky 765 Form

 

Form 765

 

KENTUCKY

 

 

 

 

 

 

 

 

 

 

 

 

42A765

PARTNERSHIP INCOM E RETURN

 

 

 

 

Departm ent of Revenue

Attach a complete copy of the federal return.

 

 

 

 

 

For calendar year 2004 or fiscal year

 

 

 

2004

 

 

 

 

 

A. Date business com m enced or

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

qualified

 

 

 

 

 

 

 

 

beginning _________________

, 2004, and ending __________________ , 2005.

 

 

 

 

 

 

 

 

 

 

B.

Num ber of partners (attach K-1s)

Nam e

 

 

 

E.

Federal Em ployer

 

 

 

 

 

 

 

Identification Num ber

 

 

 

 

 

 

 

 

 

 

Num ber and street or P.O. box

 

 

 

 

 

C.

NAICS business code num ber

 

 

 

F.

Kentucky Withholding

 

 

 

 

 

 

 

 

 

 

 

Account Num ber

 

 

 

 

 

 

 

 

 

 

City, tow n or post office

County

State

ZIP code

 

 

D.

Partnership telephone num ber

G.

Sales and Use Tax

 

 

 

 

 

 

 

 

 

 

 

Perm it Num ber

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

H.

Check applicable boxes:

Initial return

Final return

Am ended return

 

 

 

 

 

I.

Check type of entity:

General partnership

Lim ited partnership

Lim ited liability com pany

 

 

Lim ited liability partnership

 

 

 

 

 

 

J.

Are disregarded entities included in this return?

Yes

No

 

If yes, attach a schedule listing nam e and federal identification num ber of the disregarded entity.

 

 

 

 

 

K.Qualified investm ent partnership (Check box only if you are a general partnership or a lim ited partnership that has been form ed as a qualified investm ent partnership.)

1.

Federal ordinary incom e (loss) (Form 1065, line 22)

1

2.

Federal depreciation from Form 4562

2

3.

Other (attach schedule) (see instructions)

3

4.

Total (add lines 1, 2 and 3)

4

SUBTRACTIONS:

 

5.

Federal w ork opportunity credit

5

6.

Kentucky depreciation from revised Form 4562

6

7.

Other (attach schedule) (see instructions)

7

8.

Total (add lines 5, 6 and 7)

8

9.

Ordinary income (loss) (line 4 less line 8)

9

I declare under the penalties of perjury that this return (including any accom panying schedules and statem ents) has been exam ined by m e and, to the best of m y know ledge and belief, is a true, correct and com plete return.

Signature of partner or m em ber

Identification num ber of partner or m em ber

Date

 

 

 

Typed or printed nam e of preparer other than taxpayer

Identification num ber of preparer

Date

M ail to Kentucky Department of Revenue, Frankfort, Kentucky 40620.

Form 765 (2004)

Page 2

 

 

Schedule K—PARTNERS’ SHARES OF INCOM E, CREDIT, DEDUCTIONS, ETC.

SECTION I

Income or (Loss)

 

 

(a) Distributive Share Items

 

(b) Total Amount

1.

Ordinary incom e or (loss) from trade or business activities (page 1, line 9)

.................................................

1

2.

Net incom e or (loss) from rental real estate activities (from attached federal schedule)

2

3.

a

Gross incom e from other rental activities

3a

 

 

b

M inus expenses (attach schedule)

3b

 

 

c

Net incom e or (loss) from other rental activities

3c

4.

Portfolio incom e or (loss):

 

 

 

a

Interest incom e

4a

 

b

Dividend incom e

4b

 

c

Royalty incom e

4c

 

d

Net short-term capital gain or (loss) (from attached federal schedule)

4d

 

e

Net long-term capital gain or (loss) (from attached federal schedule)

4e

 

f

Other portfolio incom e or (loss) (attach schedule)

4f

5.

Guaranteed paym ents to partners

5

6.

Net gain or (loss) under IRC Section 1231 (other than due to casualty or theft) (attach federal Form 4797) 6

7.

Other incom e or (loss) (attach schedule)

7

Deductions

 

 

8.

Charitable contributions (attach list) and housing for hom eless deduction (attach Schedule HH)

8

9.

IRC Section 179 expense deduction (attach federal Form 4562 and Kentucky revised Form 4562)

9

10. Deductions related to portfolio incom e (do not include investm ent interest expense)

10

11.

Other deductions (attach schedule)

11

Investment Interest

 

 

12.

a Interest expense on investm ent debts

12a

 

b

(1) Investm ent incom e included on lines 4a, 4b, 4c and 4f above

12b(1)

 

 

(2) Investm ent expenses included on line 10 above

12b(2)

Credits

 

 

 

13. Kentucky Unem ploym ent Tax Credit (attach Schedule UTC)

13

14. Recycling and Com posting Equipm ent Tax Credit (attach approved Schedule RC)

14

15.

Other (see instructions) ➤

.....................

15

Other

 

 

 

16.

a Total expenditures to w hich IRC Section 59(e)(2) election m ay apply

16a

 

b

Type of expenditures

 

16b

17. Other item s and am ounts not reported above (attach schedule)

17

SECTION II—Computation of Nonresident Partner's Taxable Percentage

 

 

1.

Partnership’s Kentucky property and payroll

1

2.

Partnership’s total property and payroll

2

If line 1 is equal to line 2, enter 100 percent on Schedule K-1 (Form 765), Item D(2). Do not com plete lines 3, 4 or 5. If line 2 is greater than line 1, com plete lines 3, 4 and 5.

3.

Partnership’s Kentucky gross receipts

3

4.

Partnership’s total gross receipts

4

5.

Nonresident partner’s taxable percentage (line 3 divided by line 4). Enter the percentage on

 

 

Schedule K-1 (Form 765), Item D(2)

5

%

SECTION III—Computation of Amount Withheld on Individual Nonresident Partners

1.

Individual nonresident partners' net distributive share of taxable incom e

1

2.

Individual nonresident partners' net distributive share w ithheld

2

Form Information

Fact Name Description
Purpose The Kentucky 765 form is used to report income, deductions, and credits for partnerships doing business in Kentucky.
Governing Law This form is governed by Kentucky Revised Statutes (KRS) Chapter 141, which outlines the state's income tax regulations.
Filing Requirement Partnerships must file this return if they have income derived from sources within Kentucky.
Attachments A complete copy of the federal return must be attached when submitting the Kentucky 765 form.
Due Date The form is typically due on the 15th day of the fourth month following the end of the partnership's tax year.
Entity Types Partnerships can be general partnerships, limited partnerships, limited liability companies, or limited liability partnerships.
Disregarded Entities If disregarded entities are included in the return, a schedule listing their names and federal identification numbers must be attached.
Penalties Filing an incomplete or inaccurate return may lead to penalties under Kentucky law.

Detailed Guide for Filling Out Kentucky 765

Filling out the Kentucky 765 form is an essential step for partnerships operating in Kentucky. After gathering the necessary information, you can proceed with filling out the form accurately. Ensure that you have a complete copy of your federal return ready to attach, as it is required for submission.

  1. Business Information: Enter the date your business commenced or qualified, along with the ending date. Make sure to specify the number of partners and attach K-1s for each partner.
  2. Contact Details: Fill in the partnership's name, address, city, county, state, and ZIP code. Include the partnership's telephone number.
  3. Identification Numbers: Provide the Federal Employer Identification Number, Kentucky Withholding Account Number, and Sales and Use Tax Permit Number.
  4. Return Type: Check the appropriate boxes to indicate whether this is an initial, final, or amended return.
  5. Entity Type: Indicate the type of entity by checking the relevant box: General partnership, Limited partnership, Limited liability company, or Limited liability partnership.
  6. Disregarded Entities: Answer whether disregarded entities are included in this return. If yes, attach a schedule listing their names and federal identification numbers.
  7. Qualified Investment Partnership: Check this box only if applicable, based on your entity type.
  8. Income Details: Report federal ordinary income (loss), federal depreciation, and any other income. Add these amounts to calculate the total.
  9. Subtractions: List any federal work opportunity credits, Kentucky depreciation, and other deductions. Add these to find the total subtractions.
  10. Ordinary Income (Loss): Calculate ordinary income or loss by subtracting total subtractions from total income.
  11. Signature: The partner or member must sign and date the form, declaring that the information is true and complete. Include the identification number and the name of any preparer, along with their identification number and date.
  12. Submission: Mail the completed form along with the required attachments to the Kentucky Department of Revenue in Frankfort.

Obtain Answers on Kentucky 765

  1. What is the Kentucky 765 form?

    The Kentucky 765 form, also known as the Partnership Income Return, is a tax document that partnerships in Kentucky must file annually. This form reports the income, deductions, and credits of the partnership for the tax year. It is essential for ensuring compliance with state tax laws and must be accompanied by a complete copy of the federal return.

  2. Who needs to file the Kentucky 765 form?

    Any partnership operating in Kentucky must file this form. This includes general partnerships, limited partnerships, limited liability companies (LLCs), and limited liability partnerships (LLPs). If your partnership has disregarded entities, you must include a schedule listing those entities along with their federal identification numbers.

  3. What information is required on the form?

    The Kentucky 765 form requires various pieces of information, including:

    • Business commencement and ending dates
    • Number of partners and their details
    • Federal Employer Identification Number (EIN)
    • Sales and Use Tax Permit Number
    • Type of entity (e.g., general partnership, limited partnership)
    • Income and deductions from the partnership

    Each partner's share of income, credits, and deductions must also be reported on Schedule K.

  4. When is the Kentucky 765 form due?

    The form is typically due on the 15th day of the fourth month following the close of the partnership's tax year. For partnerships that follow a calendar year, this means the due date is April 15. If the due date falls on a weekend or holiday, it is extended to the next business day.

  5. What are the penalties for not filing the Kentucky 765 form?

    Failing to file the Kentucky 765 form can result in penalties, which may include monetary fines and interest on any unpaid taxes. The Kentucky Department of Revenue may also impose additional penalties for late filings. It is crucial to file on time to avoid these consequences.

  6. Where should the completed Kentucky 765 form be mailed?

    Once completed, the Kentucky 765 form should be mailed to the Kentucky Department of Revenue at the following address: Frankfort, Kentucky 40620. Ensure that all required schedules and documentation are attached to avoid delays in processing.

Common mistakes

Filling out the Kentucky 765 form can be a straightforward process, but many people make common mistakes that can lead to delays or issues with their returns. One frequent error is failing to attach the required copies of federal returns. The form explicitly states that a complete copy of the federal return must be included. Without this documentation, the Kentucky Department of Revenue may reject the submission or request additional information, complicating the filing process.

Another mistake often made involves incorrect or incomplete identification of partners. It is essential to accurately list the number of partners and attach the necessary K-1 forms. Omitting this information or providing incorrect details can lead to discrepancies in the reported income and tax obligations. This oversight can result in audits or penalties, which could have been easily avoided with careful attention to detail.

Many individuals also overlook the importance of checking the appropriate boxes regarding the type of return being filed. The Kentucky 765 form includes options for initial, final, and amended returns. Selecting the wrong option can create confusion and may lead to the wrong processing of the return. Ensure that you review this section thoroughly before submitting the form.

In addition, errors in reporting income or losses can significantly impact the accuracy of the return. For instance, individuals sometimes miscalculate the total income or fail to include all relevant income sources. This includes ordinary income, rental income, and portfolio income. It is crucial to double-check all figures and ensure that they align with the attached federal schedules.

Lastly, neglecting to include a schedule for disregarded entities is a common oversight. If disregarded entities are included in the return, the form requires a separate schedule listing their names and federal identification numbers. Failing to provide this information can lead to misunderstandings regarding the partnership's tax obligations. Always ensure that all necessary documentation is complete and accurately reflects the partnership's financial situation.

Documents used along the form

The Kentucky 765 form is a partnership income return that must be filed by partnerships operating in Kentucky. Along with this form, several other documents are commonly used to ensure compliance with state regulations. Each of these documents serves a specific purpose in the reporting and taxation process.

  • Schedule K-1 (Form 765): This document reports each partner's share of income, deductions, and credits from the partnership. It is essential for partners to accurately report their individual tax obligations based on their distributive shares.
  • Form 1065: This is the federal partnership return that must be filed with the IRS. It provides a comprehensive overview of the partnership's income, deductions, and other financial information. A complete copy of this form is required to be attached to the Kentucky 765 form.
  • Form 4562: This form is used to claim depreciation and amortization deductions. Partnerships must include this form if they have assets that qualify for depreciation, ensuring accurate reporting of expenses on the Kentucky 765 form.
  • Schedule UTC: This schedule is used to claim the Kentucky Unemployment Tax Credit. Partnerships that qualify for this credit must attach this document to their Kentucky 765 form to reduce their overall tax liability.

Each of these forms and schedules plays a crucial role in the accurate reporting of partnership income and associated tax obligations. Properly completing and submitting these documents can help ensure compliance with both state and federal tax regulations.

Similar forms

The Kentucky Form 765 is a partnership income return that shares similarities with several other tax documents. Each of these forms serves a specific purpose in reporting income, deductions, and credits. Here’s a breakdown of six documents that are similar to the Kentucky 765 form:

  • IRS Form 1065: This is the federal partnership return that reports the income, deductions, gains, and losses from the partnership. Like the Kentucky 765, it requires detailed information about each partner's share of income and expenses.
  • Schedule K-1 (Form 1065): This schedule is attached to Form 1065 and provides individual partners with their share of the partnership’s income, deductions, and credits. It parallels the K-1s that must be attached to the Kentucky 765 form for reporting purposes.
  • IRS Form 4562: Used for reporting depreciation and amortization, this form is referenced in both the Kentucky 765 and the federal return. Both require details on how depreciation impacts the partnership's income.
  • IRS Form 4797: This form is used to report the sale of business property and is necessary when calculating gains or losses under IRC Section 1231. Similar to the Kentucky 765, it helps determine the overall financial standing of the partnership.
  • Schedule C (Form 1040): This form is for sole proprietors to report income and expenses from a business. While it is for individual filers, it shares the purpose of detailing income and expenses, akin to the reporting done on the Kentucky 765.
  • Kentucky Form 740: This is the individual income tax return for residents of Kentucky. While it serves a different purpose, it is similar in that both forms are used to report income and tax obligations to the state, reflecting the partnership's overall impact on individual partners’ tax situations.

Dos and Don'ts

When completing the Kentucky 765 form, it is essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do during this process.

  • Do attach a complete copy of the federal return to the Kentucky 765 form.
  • Do provide accurate dates for when the business commenced and ended.
  • Do include the number of partners and attach the necessary K-1 forms.
  • Do check all applicable boxes, such as whether the return is initial, final, or amended.
  • Do ensure that all income and deductions are reported accurately, using the correct lines on the form.
  • Don't leave any required fields blank; incomplete forms may lead to delays or rejections.
  • Don't forget to sign and date the form before submission, as this is a crucial step in the filing process.

Following these guidelines can help streamline the filing process and minimize potential issues with the Kentucky Department of Revenue.

Misconceptions

Misconceptions about the Kentucky 765 form can lead to confusion and mistakes in filing. Here are four common misconceptions, along with clarifications for each.

  • Misconception 1: The Kentucky 765 form is only for general partnerships.
  • This is incorrect. The form is applicable to various types of entities, including general partnerships, limited partnerships, limited liability companies, and limited liability partnerships. Each type of entity must file the form if they have income to report.

  • Misconception 2: You don’t need to attach a federal return when filing the Kentucky 765 form.
  • This is a misunderstanding. It is mandatory to attach a complete copy of the federal return when submitting the Kentucky 765 form. This helps the Kentucky Department of Revenue verify the information provided.

  • Misconception 3: Only profits need to be reported on the form.
  • This is misleading. The form requires reporting both income and losses. It is essential to accurately report all income, including losses, to ensure compliance and avoid penalties.

  • Misconception 4: Disregarded entities do not need to be included in the filing.
  • This is false. If disregarded entities are part of the partnership, they must be included in the return. You need to attach a schedule listing the name and federal identification number of any disregarded entity included in the filing.

Key takeaways

Filling out the Kentucky 765 form requires careful attention to detail. Here are key takeaways to ensure accurate completion and use:

  • Attach Federal Return: Always include a complete copy of the federal return when submitting the Kentucky 765 form.
  • Business Dates: Clearly indicate the dates your business commenced and the fiscal year it covers.
  • Partner Information: List the number of partners and ensure that K-1 forms are attached for each partner.
  • Entity Type: Specify the type of partnership, such as general or limited partnership, as well as limited liability companies.
  • Disregarded Entities: If applicable, include a schedule listing the names and federal identification numbers of any disregarded entities.
  • Income Calculation: Accurately calculate ordinary income or loss, ensuring all relevant lines are completed.
  • Signature Requirement: The form must be signed by a partner or member, confirming the accuracy of the information provided.
  • Mailing Address: Send the completed form to the Kentucky Department of Revenue in Frankfort, ensuring it reaches the correct destination.
  • Review Instructions: Always refer to the instructions accompanying the form for any specific requirements or updates.

Understanding these points can significantly streamline the filing process and help avoid common mistakes.