www.revenue.pa.gov2 PA-40 NRC
● Whose tax year is a calendar year;
● Who along with his or her spouse is a domiciliary of a
state or country other than Pennsylvania during the en-
tire calendar year;
● Who along with his or her spouse does not maintain a
permanent place of abode in Pennsylvania during the
calendar year;
● Who has no other Pennsylvania-taxable income derived
from, or connected with Pennsylvania sources other
than his or her distributive share of income or (loss) for
the calendar year; and
● Who elects to participate in the consolidated filing.
NON-QUALIFYING OWNER
Any pass-through entity owner other than a nonresident in-
dividual and all nonresident individuals with more than one
source of income or (loss) from Pennsylvania. Examples in-
clude, but are not limited to:
● Estates as owners of the pass-through entity;
● Trusts as owners of the pass-through entity (regardless
of how the trust is taxed);
● Other pass-through entities as owners of the pass-
through entity; and
● Individuals who own more than one pass-through entity
with Pennsylvania-source income or who may have any
other Pennsylvania income from any sources other than
the current pass-through entity such as:
○ Compensation;
○ Business or farm income or losses;
○ Gains or losses from the sale of property;
○ Rental income or losses;
○ Estate or trust income; and/or
○ Gambling or lottery winnings.
IMPORTANT: A list of qualifying electing nonresident
individual owners must be maintained by the pass-
through entity along with a separate list of non-qualifying
owners. Section II of the PA-20S/PA-65 Schedule NW must
be prepared. Schedule NW, Section II provides a list of all
nonresident individual owners (qualifying and non-qualify-
ing). See the separate instructions for PA-20S/PA-65 Sched-
ule NW, Section II for additional information.
SIGNED STATEMENTS
Every participating nonresident individual owner must make
an election to be part of the PA-40 NRC in writing each year.
The elections must be maintained in the pass-through en-
tity’s files. The pass-through entity must maintain for inspec-
tion at its principal office the following:
● A list of all nonresident owners with all pertinent infor-
mation for the owners including the names (list by last
name in alphabetical order), addresses, Social Security
numbers, ownership interests, distributive shares of total
taxable income, tax due before application of payments,
credits, shares of tax withheld or payments, and shares
of overpayment, if any.
● A signed statement from each qualifying electing non-
resident individual owner listed on the PA Schedule NW,
Nonresident Tax Withheld by PA S Corporations and
Partnerships, Section II, evidencing the individual’s elec-
tion to join in filing a Pennsylvania consolidated group
return for the taxable year.
NOTE: The department does not have an official elec-
tion form. However, it suggests that the statement in-
clude assertions regarding all five requirements that must
be met to be a qualifying electing nonresident individual
owner. It is the responsibility of the pass-through entity to
keep the election form it receives from its qualifying electing
nonresident individual owners as part of the pass-through
entity’s records. Do not submit the election form to the de-
partment.
The filing of a PA-40 NRC does not affect or change the re-
quirement for filing the PA-20S/PA-65, PA S
Corporation/Partnership Information Return. The pass-
through entity is still required to file the PA-20S/PA-65 and
issue PA-20S/PA-65 Schedules RK-1 and NRK-1 to its own-
ers. Please refer to the instructions for the filing of the PA-
20S/PA-65 Information Return.
The completed PA-40 NRC must be sent to the department
for each pass-through entity filing a PA-40 NRC return on be-
half of its qualifying electing nonresident individual owners.
CAUTION: The department will not accept federal
Form 1065 or 1120S Schedule K-1 because the fed-
eral schedule does not properly reflect the classified Penn-
sylvania-taxable income amounts. Please do not attach the
federal Schedules K-1 to the PA- 40 NRC. The PA-20S/PA-
65 Schedules NRK-1 submitted to nonresident individuals
should reflect Pennsylvania-taxable income to nonresidents.
IMPORTANT: Do not create a substitute PA-40 NRC
that has not been approved by the department. A
spreadsheet return is an unapproved and unacceptable tax
form. Unapproved tax forms filed with the department may
be rejected and returned to the taxpayer or tax return pre-
parer and may result in the imposition of interest and
penalty. In addition, unapproved tax forms filed with the de-
partment may delay the processing of refunds. If you are fil-
ing any tax form other than an official tax form, please review
Miscellaneous Tax Bulletin 2008-02 on the department’s
website.
File the current year PA-40 NRC on or before April 15, 2021,
including an extension date of Oct. 15, 2021.
If the due date falls on a Saturday, Sunday, or business hol-
iday, the entity must file its PA-40 NRC no later
than midnight on the first business day following the Satur-
day, Sunday, or business holiday. The U.S. Postal Service
postmark date on the envelope is proof of timely filing.
MAINTAINING RECORDS
FILING THE PA-40 NRC
WHAT TO FILE
WHEN TO FILE