The Wisconsin 5S form is designed for Tax-Option (S) Corporations to report their franchise or income tax return. This document is used by corporations operating in Wisconsin and outlines essential financial information for the tax year 2010 or for any taxable year beginning and ending in that period. The form requires detailed entries regarding the corporation's income, deductions, credits, and shareholders, ensuring compliance with state tax obligations.
Every year, businesses operating within Wisconsin's borders navigate through tax obligations with due diligence, and one essential document in this journey for certain entities is the Form 5S - the Wisconsin Tax-Option (S) Corporation Franchise or Income Tax Return. Created specifically for S corporations, which are corporations that elect to pass corporate income, losses, deductions, and credits through to their shareholders for federal tax purposes, this form plays a crucial role in meeting state tax requirements. Filing deadlines, set as the 15th day of the 3rd month following the close of the taxable year, frame a timeline for these entities to report their income, deductions, and taxes due or refunds owed. The form demands meticulous attention to detail, from stating the corporation's name and address to providing an extensive array of financial details encompassing federal employer ID numbers, business activity codes, amendments, and a litany of income and deduction specifics. Moreover, it calls for disclosures about shareholder details and requires a thorough calculation aimed at determining the net tax amount, taking into account various taxes, credits, and surcharges that might apply. Completing the Wisconsin 5S form is not just about compliance; it’s an exercise in transparency and precision, ensuring that tax-option corporations contribute fairly to state revenues while advocating for an equitable tax environment.
DO NOT STAPLE OR BIND
Form
5S
Wisconsin Tax-Option (S) Corporation
Franchise or Income Tax Return
2010
M M D D C
C Y
Y
M M D D C C Y Y
For 2010 or taxable year beginning
and ending
Complete form using BLACK INK.
Due Date: 15th day of 3rd month following close of taxable year.
Corporation Name
Number and Street
Suite Number
City
State
ZIP (+ 4 digit sufix if known)
A Federal Employer ID Number
D Check if applicable and attach explanation:
B Business Activity (NAICS) Code
1
Amended return
4
Short period - change in accounting method
C State of Incorporation
and
Year
2
First return - new corporation or entering Wisconsin
5
Short period - stock purchase or sale
Enter abbreviation of
state in box, or if a
C
C Y Y
foreign country, enter
3
Final return - corporation dissolved or withdrew
6
Short period - termination of S corporation election
below.
Check if applicable and see instructions:
E If you have an extension of time to ile, enter extended due date M M D D C C Y Y
FIf no business was transacted in Wisconsin during the taxable year, attach a complete copy of your federal return.
G If you are iling a Form 1CNS on behalf of nonresident shareholders.
HEffective date of Wisconsin tax-option corporation election
M
D
I
Total number of shareholders
J
Number of nonresident shareholders
K
If you have related entity expenses and are required to ile Schedule RT with this return.
L1
WI Property
.00
M1
WI Payroll
L2
Total Co. Property
M2
Total Co. Payroll
ENTER NEGATIVE NUMBERS LIKE THIS –1000
NOT LIKE THIS (1000)
NO COMMAS; NO CENTS
Federal, state, and municipal government interest (see instructions)
2Wisconsin apportionment percentage (from Form 4A-1 or Form 4A-2). This is a required ield.
.
%
If percentage is from Form 4A-2, check ( ) the space after the arrow
Multiply line 1 by line 2
. . . .
. . . . . . . . . . . . . . . . . . . . .
. 3. .
00
Enter 7.9% (0.079) of the amount on line 3. This is gross tax
. 4. .
.Manufacturer’s sales tax credit (from Sch. MS, line 3). . .
Community development inance credit
7
Add lines 5 and 6. This is total nonrefundable credits . . . .
. 7. .
8
Subtract line 7 from line 4. If line 7 is more than line 4, enter zero (0). This is net tax
. 8..
9
Additional tax on tax-option (S) corporations (from page 2, Schedule Q, line 10)
. 9. .
10
Recycling surcharge (from page 2, Schedule S, line 4) . . .
. 10. .
11
Endangered resources donation (decreases refund or increases amount owed)
12
Veterans trust fund donation (decreases refund or increases amount owed)
. 12. .
13
Add lines 8 through 12
. 13. .
14
Estimated tax payments less refund from Form 4466W.
If this is an amended return, see instructions
15
Wisconsin tax withheld on amount on line 1
16
Add lines 14 and 15
. 16. .
17
Interest, penalty, and late fee due (from Form 4U, line 17 or 26).
If you annualized income on Form 4U, check () the space after the arrow
18
Tax due. If the total of lines 13 and 17 is larger than line 16, enter amount owed
. 18. .
19
Overpayment. If line 16 is larger than the total of lines 13 and 17, enter amount overpaid
. 19. .
20
Enter amount of line 19 you want credited to 2011 estimated tax
IC-049i
2010 Form 5S
Page 2 of 4
21
Subtract line 20 from line 19. This is your refund
. . . . . . . . . . . . . .
. .
22
Enter total company gross receipts from all activities (see instructions) . .
23
Enter total company assets from federal Form 1120S, item F
24
If the tax-option corporation paid withholding tax on income distributable to nonresident
shareholders, enter total amount paid for all shareholders for the taxable year
Schedule Q - Additional Tax on Certain Built-In Gains
Excess of recognized built-in gains over recognized built-in losses (attach schedule)
Wisconsin taxable income before apportionment (attach computation schedule)
Enter the smaller of line 1 or line 2. This is the net recognized built-in gain (see instructions) . .
Wisconsin apportionment percentage (from Form 4A-1 or Form 4A-2). This is a
required ield. If percentage is from Form 4A-2, check () the space after the arrow
Multiply line 3 by line 4
. . .
Wisconsin net business loss carryforward (attach schedule)
. . . . .
Subtract line 6 from line 5
Enter 7.9% (0.079) of the amount on line 7
Subtract line 9 from line 8. This is the additional tax to enter on Form 5S, page 1, line 9
Schedule S - Recycling Surcharge
1 Enter net income (loss) (see instructions)
2 Wisconsin apportionment percentage (from Form 4A-1 or Form 4A-2). This is a
required ield. If percentage is from Form 4A-2, check () the space after the arrow .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Multiply line 1 by line 2
4 Enter the greater of $25 or 0.2% (0.002) of the amount on line 3, but not more than $9,800.
This is the recycling surcharge to enter on Form 5S, page 1, line 10 . . . .
Additional Information Required
Person to contact concerning this return:
Phone #:
Fax #:
2City and state where books and records are located for audit purposes:
3 Are you the sole owner of any QSubs or LLCs?
Yes
No If yes, attach a list of the names and federal EINs of your
solely owned QSubs and LLCs. Did you include the incomes of these entities in this return?
No
4Did you purchase any taxable tangible personal property or taxable services for storage, use, or consumption in Wisconsin with-
out payment of a state sales or use tax?
No If yes, you owe Wisconsin use tax. See instructions for how to
report use tax.
5Did any adjustments made by the Internal Revenue Service to your income for prior years become inalized during this year?
No If yes, see instructions and indicate years adjusted:
6List the locations of your Wisconsin operations:
Under penalties of law, I declare that this return and all attachments are true, correct, and complete to the best of my knowledge and belief.
Signature of Oficer
Title
Date
Preparer’s Signature
Preparer’s Federal Employer ID Number
You must ile a copy of your federal Form 1120S with Form 5S, even if no Wisconsin activity.
If you are not iling electronically, make your check payable to and mail your return to:
Wisconsin Department of Revenue
PO Box 8908
Madison WI 53708-8908
Page 3 of 4
Income (Loss)
Deductions
Credits
Foreign Transactions
Schedule 5K – Shareholders’ Pro Rata Share Items
(a) Pro rata share items
(b) Federal amount
(c) Adjustment
(d) Amount under Wis. law
Ordinary business income (loss)
. . . . .Net rental real estate income (loss) (attach Form 8825)
. . . . . . . . . . .Other net rental income (loss) (attach schedule)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Interest income
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Ordinary dividends
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Royalties
. . . . . . . . . . . . . . . . . . . . . . .Net short-term capital gain (loss)
. . . . . . . . . . . . . . . . . . . . . . . .Net long-term capital gain (loss)
. . . . . . . . . . .Net section 1231 gain (loss) (attach Form 4797)
. . . . . . . . . . . . . . . . . . .Other income (loss) (attach schedule)
. . . . . . . . . . . . . . .Section 179 deduction (attach Form 4562)
a
. . . . . . . . . . . . . . . .Contributions
b
. . . . . . . . . . . . . . . .Investment interest expense
c
Section 59(e)(2) expenditures (1) Type
(2) Amount
d
. . . . . . . . . . . . . . . .Other deductions (attach schedule) . . .
Manufacturing investment credit - from carryover at shareholder level
. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Manufacturing investment credit - from carryover at entity level
. . . . . . . . . . . . . .Dairy and livestock farm investment credit
. . . . . . . . . . . . . . . .
. . .Health Insurance Risk-Sharing Plan assessments credit
e
. . . . . . . . . . . . . . . .Ethanol and biodiesel fuel pump credit.
f
. . . . . . . . . . . . . . . .Development zones credit
g
. . . . . . . . .Development opportunity zone investment credit
h
. . . . . . . . . . . .Development zone capital investment credit
i
. . . . . . . . . . . . . . . .Economic development tax credit
j
. . . . . . . . . . . . . . . .Technology zone credit
k
. . . . . . . . . . . . . . . .Early stage seed investment credit. . . .
l
. . . . .Supplement to federal historic rehabilitation tax credit
. . . . . . . . . . . . . . . . . . . . . . . . . . .m Internet equipment credit
n
. . . . . . . . . . .Dairy manufacturing facility investment credit
o
. . . . . . . . . . . . . . . .Dairy cooperatives credit
p
. . . . . . . . . . . . . .Meat processing facility investment credit
q
. . . . . . . . . . . . . . . .Enterprise zone jobs credit
r
. . . . . . . . . . . . . . . .Film production services credit
s
. . . . . . . . . . . . .Film production company investment credit
t
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Food processing plant and food warehouse investment credit
u
. . . . . . . . . . . . . . . .Jobs tax credit
v
. . . . . . . . . . . . . . . .Postsecondary education credit
w
. . . . . . . .Woody biomass harvesting and processing credit
x
. . . . . . . . . . . . . . . .Water consumption credit
yy Tax paid to other states (enter postal abbreviation of state)
(1)
(2)
(3)
zz Wisconsin tax withheld (do not include tax properly claimed on page 1, line 15)
. . . . . . . . . . . . . . . .Name of country or U.S. possession . .
. . . . . . . . . . . . . . . .Gross income from all sources
. . . . . . . . . . . . .Gross income sourced at shareholder level
Page 4 of 4
Transactions
Foreign
Alternative
Minimum (AMT) Items
Tax
Other
Foreign gross income sourced at corporate level:
dPassive category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
eGeneral category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
fOther (attach statement). . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deductions allocated and apportioned at shareholder level:
gInterest expense . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
hOther. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Deductions allocated and apportioned at corporate level to foreign source income:
iPassive category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
jGeneral category . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
kOther (attach statement). . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other information:
Total foreign taxes (check one):
Paid
Accrued . . . .
m Reduction in taxes for credit (attach statement)
. . . . . . . . . .
Other foreign tax information (attach statement)
Post-1986 depreciation adjustment
. . . . . .
Adjusted gain or loss
Depletion (other than oil and gas). .
Oil, gas, and geothermal properties – gross income
Oil, gas, and geothermal properties – deductions
Other AMT items (attach schedule)
Tax-exempt interest income
Other tax-exempt income
Nondeductible expenses
Property distributions
Repayment of loans from shareholders
Investment income
Investment expenses
Dividend distributions paid from accumulated earnings and proits
Other items and amounts (attach schedule)
Related entity expense addback
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Related entity expense allowable . .
Income/loss reconciliation (see instructions)
Gross income (before deducting expenses) from all activities
Schedule 5M – Analysis of Wisconsin Accumulated Adjustments Account and Other Adjustments Account
1 Balance at beginning of taxable year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 Ordinary income from Schedule 5K, line 1, column d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Other additions (including separately stated items which increase income) (attach schedule) . . 4 Loss from Schedule 5K, line 1, column d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Other reductions (including separately stated items which reduce income) (attach schedule) . . .
6 Combine lines 1 through 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Distributions other than dividend distributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 Subtract line 7 from line 6. This is balance at end of taxable year . . . . . . . . . . . . . . . . . . . . .
(a)Accumulated (b) Other Adjustments
Adjustments Account
Account
()
(
)
Filling out the Wisconsin 5S form, known as the Tax-Option (S) Corporation Franchise or Income Tax Return, is a critical step for S corporations operating in Wisconsin. This form helps in reporting the corporation's income, deductions, and taxes due. The process involves a careful entering of financial details, selecting relevant checkboxes based on the corporation's fiscal circumstances, and ensuring all calculations are accurate to comply with Wisconsin tax laws. Below is a step-by-step guide to help you navigate the form efficiently.
Following these detailed steps ensures that you provide all the necessary information required by the Wisconsin Department of Revenue for the tax year in question. Remember, accuracy and completeness are key in avoiding potential issues with your tax return. If you encounter complex financial situations, consider consulting with a tax professional to ensure compliance and accuracy in your filing.
What is the Form 5S and who needs to file it?
The Form 5S is a tax document for Tax-Option (S) Corporations operating in Wisconsin. These corporations use this form to file their franchise or income tax returns. Any S Corporation that has gained income, made losses, or has been active in Wisconsin within the tax year must file Form 5S.
When is the Form 5S due?
The due date for filing Form 5S is the 15th day of the 3rd month following the close of the taxable year. For most S Corporations, this would typically mean March 15th of the following year, assuming a December 31st year-end.
Can you file an amended Form 5S?
Yes, S Corporations have the option to file an amended Form 5S. If corrections or changes need to be made to a previously filed return, the 'Amended return' box in section A should be checked, and the form should be completed with the corrected information.
What are short period returns? Are there different conditions for filing them?
Short period returns are filed when a corporation does not have a tax year of the usual 12 months. This might occur due to a change in accounting method, a stock purchase or sale, termination of the S corporation election, or the corporation starting or ceasing business partway through the year. When filing a short period return, the appropriate condition under section A should be checked.
What is the purpose of including the federal employer identification number on Form 5S?
The federal employer identification number (EIN) is included on Form 5S to identify the corporation's tax account. It's a unique number assigned by the IRS to corporations for taxation purposes, ensuring accurate processing and recording of the corporation’s tax filings.
What happens if no business was transacted in Wisconsin during the taxable year?
If an S Corporation did not transact any business in Wisconsin during the taxable year, it must still file Form 5S but should attach a complete copy of its federal return. This informs the Wisconsin Department of Revenue of the corporation's inactivity in the state for that year.
What is a Schedule RT, and when should it be filed with Form 5S?
Schedule RT is required when an S Corporation has expenses related to transactions with related entities. If the corporation had such expenses, it must file Schedule RT along with Form 5S to provide detailed information about these transactions as part of its tax return.
How is the Wisconsin tax-option corporation election effective date relevant to Form 5S?
The effective date of the Wisconsin tax-option corporation (S Corporation) election is relevant because it determines the beginning of the corporation's obligation to file Form 5S. This date signifies when the corporation started being treated as an S Corporation for tax purposes in Wisconsin, influencing its tax liabilities and filing requirements.
When businesses prepare to file the Form 5S, Wisconsin Tax-Option (S) Corporation Franchise or Income Tax Return, understanding the common pitfalls can save time and ensure accuracy. Here, we outline six frequent mistakes to avoid:
Avoiding these common mistakes can lead to a smoother filing process and avoid potential delays or issues with the Wisconsin Department of Revenue. It's always recommended to review the entire form and accompanying instructions carefully before submission to ensure compliance with all requirements.
When filing the Form 5S Wisconsin Tax-Option (S) Corporation Franchise or Income Tax Return, it's crucial to comply with all necessary documentation to ensure a complete and accurate submission. To streamline your tax filing process, here are several forms and documents commonly used in conjunction with Form 5S, each playing a vital role in various aspects of tax planning, reporting, and compliance for S corporations in Wisconsin.
Accompanying these forms with the Form 5S filing ensures that the Wisconsin Department of Revenue receives a comprehensive view of an S corporation's tax responsibilities, credits, and deductions applicable within the state. These documents facilitate accurate tax reporting, help in resolving any discrepancies, and ensure that corporations take advantage of all available tax benefits and credits. Understanding the significance and requirements of each document can substantially ease the tax filing process for S corporations in Wisconsin.
The Form 1120S for the U.S. Income Tax Return for an S Corporation shares similarities with the Wisconsin 5S form in its fundamental purpose and structure. Both forms are designed for S corporations to report their income, deductions, and credits to the federal and state tax authorities, respectively. The 1120S requires S corporations to provide an overview of their financial activities, which mirrors the Wisconsin 5S's requirement for state-specific reporting, including income apportionment, tax calculations, and credits specific to Wisconsin.
Another comparable document is the Schedule K-1 (Form 1120S), Shareholder’s Share of Income, Deductions, Credits, etc. This form is akin to portions of the Wisconsin 5 Activation, as both involve detailing the distributive share of incomes, losses, and credits to the shareholders. The Schedule K-1 is integral to ensuring transparent communication of financial information from the corporation to its individual shareholders for their personal tax filings, which is a theme that runs through the state-specific 5S form, focusing on the proportional interests of shareholders within Wisconsin.
The Form 1040, U.S. Individual Income Tax Return, connects to the information provided by the Wisconsin 5S through the necessity for shareholders to report and pay taxes on their share of the corporation's income. Although it is for individual filers, the information that flows from the 5S form—specifically the shareholders' allocated income, deductions, and credits—feeds directly into what will eventually be reported on an individual's 1040. This highlights the interdependency between corporate returns and the personal tax obligations of shareholders within the schematic of S corporation taxation.
Form 4868, Application for Automatic Extension of Time To File U.S. Individual Income Tax Return, relates to the Wisconsin 5S through the provision of extensions. Both federal and state tax filings acknowledge circumstances where additional time is needed, granting corporations and individual taxpayers alike the mechanism to apply for extensions. On the 5S form, there's a specific section to indicate if an extension was granted, emphasizing the parallel process at both the federal level with Form 4868 and at the state level with the administrative options incorporated within the 5S form.
Lastly, the U.S. Form 990, Return of Organization Exempt From Income Tax, while primarily for nonprofit organizations, shares the conceptual framework with the Wisconsin 5S form in terms of reporting income, deductions, and understanding tax obligations. Even though the 990 services tax-exempt entities and the 5S is for S corporations subject to taxes, both forms play critical roles in maintaining transparency, adherence to tax laws, and ensuring the correct computation of taxes owed or refunds due. The emphasis on detailed financial reporting and the responsibility to both federal and state authorities echo across both documents, illustrating the universal facets of tax compliance.
Filling out the Wisconsin 5S form, an essential document for Tax-Option (S) Corporations filing their franchise or income tax returns, requires careful attention to detail and adherence to specific instructions. Below are guidelines to help ensure the process is completed correctly and efficiently.
Do:
Don't:
When it comes to filing tax returns, especially for entities like S corporations in Wisconsin, understanding the nuances of required forms can be challenging. Specifically, the Form 5S, which S corporations must complete for their Wisconsin Tax-Option (S) Corporation Franchise or Income Tax Return, is surrounded by misconceptions. Clarifying these can aid corporations in completing their tax obligations accurately.
Misconception 1: Only Wisconsin-based income needs to be reported. Some believe that if an S corporation does not directly earn income in Wisconsin, it does not need to report or file Form 5S. However, all income, deductions, and credits that the S corporation reports on its federal tax return must be included, regardless of where the income was earned. Adjustments may then be made based on Wisconsin laws and apportionment formulas.
Misconception 2: All S corporations must pay the recycling surcharge. The recycling surcharge, as noted in Schedule S of Form 5S, is not universally applied to all entities. It's calculated based on the corporation's net tax payable and is capped. Corporations meeting specific criteria, such as having gross receipts under a certain threshold, may not be subject to this surcharge.
Misconception 3: The form doesn't need to be filed if there was no Wisconsin activity. Even if an S corporation had no business transactions or activity in Wisconsin for the tax year, it might still be required to file Form 5S, especially if it is registered to do business in the state or has Wisconsin shareholders. The key is whether there's a requirement to file a federal return; if so, Wisconsin's return may also be necessary with specific adjustments.
Misconception 4: Payment of tax is always required upon filing. While Form 5S does calculate income or franchise tax due, credits, deductions, and previous payments, such as estimated tax payments or withholding on behalf of nonresident shareholders, can reduce or eliminate the tax liability. In some cases, corporations may even qualify for refunds.
Misconception 5: Electronic filing is optional for all corporations. While smaller corporations may have the option to file paper returns, certain thresholds require electronic filing. The mandate to e-file provides efficiencies in processing and aligns with broader trends toward digital tax administration.
Misconception 6: Amendments can only be made within the same tax year. If errors are discovered or changes are necessary after the original filing, an amended return can and should be filed. The amended return allows corrections to previously submitted tax information and can affect the corporation's tax liability or refund for that year.
Understanding these nuances of the Wisconsin Form 5S can help S corporations fulfill their state tax obligations more accurately and efficiently. When in doubt, consulting with a tax professional familiar with Wisconsin's specific requirements can provide guidance tailored to an entity's unique situation.
Filling out the Wisconsin 5S form, a Tax-Option (S) Corporation Franchise or Income Tax Return, requires careful attention to detail. Below are key takeaways to help navigate this process effectively:
Overall, the Wisconsin 5S form encapsulates a breadth of tax considerations from basic reporting to detailed allocations for credits and other taxes. Companies are encouraged to thoroughly review their obligations under state law and seek guidance when necessary to ensure accurate and complete tax filings.
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