Jump to content
ATX Community

TN non-resident business tax


Gail in Virginia

Recommended Posts

1 hour ago, Gail in Virginia said:

I have a client, Virginia S-Corp, who did about $25,000 gross of construction in Tennessee this past year.  I would not worry about individual taxes but know nothing about TN corporate taxes.  Does he have a filing requirement for Tennessee?

No.

Link to comment
Share on other sites

This is a minimal amount, and the crew was probably not in the state to create a requirement.  However, in a multi-state allocation, if the S-corp created a payroll in Tennessee, or accounts for destination sales in its allocation, there could be a requirement.  Additionally, Tennessee would not require a K-1 to non-residents since Tennessee does not recognize S corps.

Even if Tennessee were allocated some money, under no circumstance would any shareholder be required to file a Tennessee return, as there is no personal tax here.  However, the allocated amount would require a C Corp Tennessee return (it's called a Franchise and Excise Return), as this state does not recognize tax-free S Corporations.

Link to comment
Share on other sites

 

16 hours ago, Gail in Virginia said:

I have a client, Virginia S-Corp, who did about $25,000 gross of construction in Tennessee this past year.  I would not worry about individual taxes but know nothing about TN corporate taxes.  Does he have a filing requirement for Tennessee?

I'm sorry, Gail, yes they do.  See page 8:  https://www.tn.gov/content/dam/tn/revenue/documents/taxguides/feguide.pdf

 

 

8 hours ago, Edsel said:

This is a minimal amount, and the crew was probably not in the state to create a requirement.  However, in a multi-state allocation, if the S-corp created a payroll in Tennessee, or accounts for destination sales in its allocation, there could be a requirement.  Additionally, Tennessee would not require a K-1 to non-residents since Tennessee does not recognize S corps.

Even if Tennessee were allocated some money, under no circumstance would any shareholder be required to file a Tennessee return, as there is no personal tax here.  However, the allocated amount would require a C Corp Tennessee return (it's called a Franchise and Excise Return), as this state does not recognize tax-free S Corporations.

S-Corps are not tax free in TN  See page 8:  https://www.tn.gov/content/dam/tn/revenue/documents/taxguides/feguide.pdf

And Sch J3  and Sch J4.    https://www.tn.gov/content/dam/tn/revenue/documents/forms/fae/fae170_2018.pdf

We do have an individual tax.  I pay it.  The earnings from construction would not create a filing requirement.    https://www.tn.gov/revenue/taxes/hall-income-tax.html

You got me on payroll.  They'd owe unemployment tax, but I figured the payroll tax issues were long since gone.

  • Like 1
Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Restore formatting

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...