PURPOSE: This rule explains the circumstances under which a partnership return shall be filed and the general contents of that return.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) All partnerships, as defined in the Internal Revenue Code (IRC) section 761, which have a resident partner, or any income derived from sources in this state shall file a properly completed return. This return shall be filed regardless of whether the partnership 12 CSR 10-2

has elected not to file for federal purposes pursuant to section 761 of the IRC. (2) The return shall be made using Missouri Department of Revenue Form 65. Each return shall have attached to it a copy of federal Form 1065 and all its schedules, including K-1.

1. (3) An entity electing to be completely excluded from the partnership provisions of the IRC which has nonresident partners shall be required to file Form 65 containing only its name, address and required signature and attach a copy of federal Form 1065 and the statement required with that return for the first taxable year to which the exclusion applied.
2. (4) An entity electing to be completely excluded from the partnership provision of the IRC shall not file if it has no nonresident partners.
3. (5) The return shall be filed on or before the fifteenth day of the fourth month following the close of each taxable year. Taxable year means a year or period which would be a taxable year if the partnership were subject to tax under sections 143.011–143.996, RSMo.

AUTHORITY: sections 143.091, 143.401 and 143.581, RSMo 1994.* Original rule filed July 11, 1985, effective Dec. 26, 1985.

*Original authority: 143.091, RSMo 1972, amended 1989; 143.401, RSMo 1972; and 143.581, RSMo 1972.