6 www.revenue.pa.gov
incomes. The department also uses
the SSN to administer a number of tax-
o
ffset and child-support programs that
f
ederal and Pennsylvania laws require.
The commonwealth may also use the
SSN in exchange-of-tax information
agreements with governmental author-
i
ties. Except for official purposes,
Pennsylvania law prohibits the com-
monwealth from disclosing information
that individuals provide on income tax
returns, including the SSN(s).
PURPOSE OF FORM
The PA-20S/PA-65 form is an informa-
tion return and personal income tax fil-
ing requirement used to report the
income (losses), deductions, credits,
etc., from the operation of foreign or
domestic PA S corporations, partner-
ships or limited liability companies
classified as partnerships or S corpo-
rations for federal income tax purposes
(further referred to as “entity” or “enti-
ties”).
These entities do not pay tax on their
income but “pass through” any profits
or losses to their owners (share-
holders, partners or members). When
preparing the PA-20S/PA-65 PA S
Corporation/Partnership Information
Return, it is best to start with the com-
pleted federal Form 1120S or federal
Form 1065 and then proceed to the
Pennsylvania schedules.
The information on the PA-20S/
PA-65 Information Return has no
relevance to C corporations except if a
credit from PA-20S/PA-65 Schedule
OC has been allocated on the PA
Schedule RK-1, Line 9 or NRK-1, Line
7. Otherwise, the only information rel-
evant to a corporate taxpayer is the
PA-20S/PA-65 Schedule H-Corp for
calculating CNI tax.
Act 52 of 2013 authorizes the assess-
ment of partnerships and PA S corpo-
rations at the entity level for
understating income by more than $1
million. While the provision does not
apply to publicly traded partnerships, it
does apply to partnerships with 11 or
more partners; partnerships with at
least one partner that is a corporation,
limited liability company, partnership, S
c
orporation or trust; PA S corporations
with 11 or more shareholders; or any
partnership or PA S corporation that
elects to be subject to the provision.
IMPORTANT: Pass-through en-
t
ities that fail to maintain accu-
rate lists of owner/beneficiary names,
addresses, and tax identification num-
bers now subject the general partner,
tax matters partner, corporate officer
and/or trustee of the partnership, S cor-
poration, trust or estate to responsible
party assessments holding them indi-
vidually liable for tax, penalty, and in-
terest owed by the entity.
Every domestic or foreign PA S corpo-
ration (72 P.S. §7330.1), partnership
(72 P.S. §7335(c)) or entity formed as
a limited liability company that is clas-
sified as a partnership or S corporation
for federal income tax purposes must
file the PA-20S/PA-65 Information Re-
turn if any of the following apply:
1. During the taxable year, the part-
nership, PA S corporation or its
qualified subchapter S subsidiary
earned, received or acquired any
gross taxable income (loss) alloca-
ble or apportionable to Pennsylva-
nia, regardless of the amount of its
income (loss) and whether or not
the income was distributed; or
2. During the taxable year, the PA S
corporation had at least one share-
holder that was a Pennsylvania
resident individual or part-year res-
ident estate, trust or disregarded
entity owned by a resident individ-
ual or part-year resident; or
3. The partnership, at year-end, had
at least one partner that was a
Pennsylvania resident individual,
estate, trust or disregarded entity
owned by a resident individual.
A $250 penalty is imposed for failure
to file the PA-20S/PA-65. In addition, a
$250 penalty is imposed for each
missing RK-1, NRK-1 and Schedule
H-Corp.
IMPORTANT: All income for an
S corporation must be propor-
tionally distributed and cannot be
specifically allocated.
Inactive S Corporations and
Partnerships
If the PA S corporation or partnership
was inactive during the entire tax re-
p
orting period, the entity must still
submit the PA-20S/PA-65 Information
Return and fill in the Inactive oval.
S
chedules and supporting documenta-
tion do not need to be included with the
PA-20S/PA-65 Information Return.
In many instances, Pennsylvania per-
sonal income tax law and regulations
differ from federal tax laws. This is
especially true with regard to federal
elections concerning the timing of in-
come and expense items.
Taxpayers should not use federal elec-
tions to determine Pennsylvania per-
sonal income tax income (loss).
PA S corporations, partnerships and
limited liability companies classified as
partnerships or S corporations for
federal income tax purposes report
income (loss) using the Pennsylvania
personal income tax rules. Pennsylva-
nia does not adopt federal rules for
purposes of personal income taxation.
Accordingly, the determination of re-
portable amounts in each personal
income tax classification may vary sig-
nificantly from the classifications and
amounts as determined for federal in-
come tax purposes.
For Pennsylvania personal income tax
purposes, read the rules for classifying
income found in the Pennsylvania Per-
sonal Income Tax Guide. The income
must be reported on the owner’s tax
return in the same classification of in-
come as it is reported to them on their
PA Schedules RK-1 and/or NRK-1
from the entity.
The entity must maintain sufficient
books and records to properly report
income (losses), expenses, credits,
deductions, and other amounts for
Pennsylvania personal income tax
purposes. A PA S corporation or part-
nership that only operates a busi-
ness, profession or farm must include
all activities and transactions to deter-
mine Part I or Part II of the PA-
20S/PA-65 Information Return,
whichever is applicable, regardless of
WHO MUST FILE
GENERAL INFORMATION
CLASSIFYING INCOME