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

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law. (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 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 and 143.401 and 143.581, RSMo (1972).