Shareholder’s Instructions for 1998 Schedule 5K-1
General Instructions
Errors — If you believe the corporation has made an error on your
Schedule 5K-1, notify the corporation and ask for a corrected Schedule
Item to Note — A tax-option (S) corporation may pass through to its
5K-1. Don’t change any items on your copy. Be sure that the corpora-
shareholders manufacturer’s sales tax credits computed for taxable
tion sends a copy of the corrected Schedule 5K-1 to the Wisconsin
years beginning on or after January 1, 1998. The credit may offset only
Department of Revenue.
the Wisconsin income tax imposed on a shareholder’s pro rata share of
the corporation’s net income.
Elections — Generally, the corporation decides how to figure taxable
income from its operations. For example, it chooses the accounting
Purpose of Schedule 5K-1 — Similar to federal Schedule K-1, the
method and depreciation methods it will use. However, certain
corporation uses Schedule 5K-1 to report your pro rata share of the cor-
elections are made by you separately on your income tax return and not
poration’s income, deductions, credits, etc., for Wisconsin purposes.
by the corporation. These include elections made under Internal
Please keep it for your records. Do not file it with your tax return
Revenue Code section 59(e), relating to the deduction of certain
unless you are claiming a tax credit passed through from the corpora-
qualified expenditures ratably over the period of time specified in that
tion.
section (see lines 15a and 15b).
Although the corporation may have to pay a built-in gains tax, a
Limitations on Losses, Deductions, and Credits
franchise tax measured by certain federal, state, and municipal
government interest income, and a temporary recycling surcharge, you,
Aggregate Losses and Deductions Limited to Basis of Stock and
the shareholder, are liable for Wisconsin income tax on your share of
Debt — Generally, the deduction for your share of aggregate losses
the corporation’s income, whether or not distributed, and you must
and deductions reported on Schedule 5K-1 is limited to the basis of
include your share on your Wisconsin income tax return if a return is
your stock and debt owed to you by the corporation. The basis of your
required.
stock is figured at year end. The basis of loans to the corporation is the
balance the corporation now owes you, less any reduction for losses in
Use these instructions to help you report the items shown on Schedule
a prior year. Any loss not allowed for the taxable year because of this
5K-1 on your Wisconsin income tax return.
limitation is available for indefinite carryover, limited to the basis of
your stock and debt, in each subsequent taxable year.
Basis of Your Stock — You are responsible for maintaining records
to show the computation of the basis of your stock in the corporation
At-Risk Limitations — For federal purposes, if you have (1) a loss or
for Wisconsin income tax purposes. Schedule 5K-1 provides infor-
other deduction from any activity carried on by the corporation as a
mation to help you make the computation at the end of each corporate
trade or business or for the production of income, and (2) amounts in
taxable year. The Wisconsin basis of your stock (generally, its cost) is
the activity for which you aren’t at risk, you generally will have to
adjusted as follows (this list is not all-inclusive):
figure the allowable loss. The at-risk rules generally limit the amount
of loss (including loss on disposition of assets) and other deductions
Basis is first increased by:
(such as the section 179 expense deduction) that you can claim to the
amount you could actually lose in the activity. The at-risk rules also
•
All income (including tax-exempt income), as computed under
Wisconsin law, reported on Schedule 5K-1.
apply for Wisconsin purposes.
Note: You must report the taxable income on your Wisconsin
Passive Activity Limitations — Internal Revenue Code section 469
income tax return (if you are required to file a return) for it to
provides rules that limit the deduction of certain losses. The rules apply
increase your basis.
to shareholders who are individuals, estates, or trusts and have a
passive activity loss. Passive activities include trade or business
Basis is decreased, but not below zero, by:
activities in which you don’t materially participate and rental activities,
•
Property distributions, including cash, made by the corporation,
as defined in the federal regulations. Rental real estate activities in
reported on Schedule 5K-1, line 19, that are not includable in
which you materially participated are not passive activities if you meet
income. (Distributions in excess of Wisconsin basis reported on
certain eligibility requirements. The corporation will identify separately
Schedule 5K-1, line 19, and dividend distributions reported on
each activity that may be passive to you. You must determine whether
Schedule 5K-1, line 20, don’t decrease basis.)
your losses are limited by the passive activity rules.
•
Nondeductible expenses, as computed under Wisconsin law.
•
All deductible losses and deductions, as computed under Wisconsin
The passive activity loss limits also apply for Wisconsin purposes.
law, reported on Schedule 5K-1.
However, if there are differences between your federal and Wisconsin
Note: You may elect to decrease your basis by deductible losses
income, you may have to recompute the amount of passive activity loss
and deductions prior to decreasing your basis by nondeductible
deductible for Wisconsin.
expenses. If you make this election, any nondeductible expenses
that exceed the basis of your stock and debt owed to you by the
There are three types of differences between federal and Wisconsin
corporation are treated as nondeductible expenses for the following
income: Schedule I adjustments, those resulting from making different
taxable year. To make the election, attach a statement to your
elections for federal and Wisconsin purposes, and modifications to
timely-filed original or amended return, as provided in the federal
federal adjusted gross income prescribed in section 71.05(6) to (12),
regulations. Once made, the election applies to the year for which
(19), and (20), Wisconsin Statutes.
it is made and all future taxable years for that corporation, unless
the department agrees to revoke your election.
A Schedule I adjustment may arise if a provision of the Internal
Revenue Code doesn’t apply for Wisconsin or if a federal law change
•
Your share of the supplement to the federal historic rehabilitation
becomes effective at a different time than for federal purposes.
tax credit computed.
Modifications to federal adjusted gross income include the addition of
state and local government bond interest income and the subtraction of
Note: When figuring the Wisconsin basis in stock of a multistate
the 60% capital gain deduction.
corporation, use your share of the total company amounts, as computed
under Wisconsin law, rather than the income, losses, and deductions
For differences resulting from Schedule I adjustments or different
attributable to Wisconsin activities.
elections, you must recompute the passive activity loss limits for
Wisconsin. However, you may not recompute the loss limits for
Inconsistent Treatment of Items — Generally, you must report tax-
modifications.
option items shown on your Schedule 5K-1 (and any attached
schedules) the same way that the corporation treated the items on its
return. If your treatment is (or may be) inconsistent with the corpora-
Specific Instructions
tion’s treatment, attach a statement to your return to identify and
explain any inconsistency.
Name, Address, and Identifying Number — Your name, address, and
identifying number, the corporation’s name, address, and federal em-
IC-156