Idaho State Tax Commission

Income Tax for Partnerships

tax.idaho.gov/busit-part

Definition

A partnership must file Idaho Form 65 if either of the following are true:

  • You're doing business in Idaho.
  • You're a limited-liability company (LLC) treated as a partnership for federal income tax purposes and doing business in Idaho.

Doing business in Idaho includes, but isn't limited to, the following activities:

  • You own or lease, as a lessor or lessee, any property in Idaho.
  • You solicit business in Idaho.
  • You're a member of a partnership or S corporation with business in Idaho.
  • You have any Idaho activity from which you receive, realize or derive income.
  • You have an agent — such as a collector, repair person, delivery person, etc. — acting on your behalf in Idaho.
Other business entities

Still not sure if you should file a business income tax return as a partnership? Explore the other business entity types that must file an Idaho tax return:

Tax rates

  • The current Idaho tax rate on taxable business income is 6.925%.
Tax due for nonresident individual partners

A partnership must pay pass-through withholding on a nonresident individual partner's income from that partnership. This income includes the individual's share of income, loss, and deductions.

If a partnership chooses not to withhold, they have two other options:

  • Composite return—the partnership pays the tax for the individual owner on the entity's return at the corporate rate.
  • Nonresident Owner Agreement—the individual owner can submit a signed agreement (Form PTE-NROA) to the partnership and the partnership doesn't include the individual in a composite return or pay withholding to the Tax Commission on the owner's behalf.

Partnerships that pay tax for individual shareholders on a composite return can't take all the same deductions that Idaho allows on an individual return. For example, partnerships aren't allowed deductions for carryovers or carrybacks of net operating losses or capital losses.

See additional information, including Form PTE-12 and Form PTE-01, on our Pass‑Through Entities page.

What to file

Include a complete copy of your federal income tax return with your Idaho income tax return.

Assembling your tax return

To make sure your return is correctly processed, include all forms and schedules in the following order:

Find all business income tax forms for the current year

Find business income tax forms for prior years

Amended returns

Use Form 65 to amend your Idaho income tax return. Make sure you check the Amended Return box and enter the reason for amending.

If you amend your federal return, you must file an amended Idaho return. The Idaho statute of limitations for receiving a refund is three years from the due date of the return or the date the return was filed, whichever is later.

When to file

File your Idaho income tax return on or before the 15th day of the fourth month following the close of your tax year. For a calendar year filer, this is April 15.

If the last day for filing a return falls on a Saturday, Sunday, or legal holiday, the return is on time if you file it on the next business day.

Please contact us if you forgot to file a tax return.

Extensions

Learn more on our Valid Extension for Filing page.

Penalties and interest

Learn more on our Penalties and Interest page.

Where to file

E-file your return

The Tax Commission, with the IRS, allows electronic filing of federal and state partnership income tax returns. To see a list of software companies that provide this service, visit our Filing Business Income Taxes Online page.

Mail your return

See our mailing address information on our Contact Us webpage.

Payments

Visit our E-pay page for more information about electronic payments.

Federal regulations

Idaho follows federal regulations on the following items:

  • Accounting methods and period: Any changes must have prior approval from the IRS. Include a copy of the federal approval with your return.
  • Bonus depreciation for property acquired during 2008 and 2009: Learn more on our Bonus Depreciation page.
  • Check-the-box regulations: If an entity is classified or taxed as a partnership for federal income tax purposes, it's treated as a partnership for Idaho income tax purposes.

Federal audit

If your federal taxable income or tax credits change because of a federal audit, you must send written notice to the Tax Commission within 120 days of the final federal determination (see Rule 890). Include copies of all IRS schedules.

  • If you owe more Idaho tax and don't send the written notice within 120 days, we must apply a 5% penalty and charge interest on the tax due.
  • If you're owed an Idaho refund, you must file an amended Idaho income tax return to get the refund. The Idaho statute of limitations for receiving a refund is three years from the due date of the return or the date you filed the return, whichever is later. If the statute-of-limitations period has ended, you have one year from the date of the final determination to file for the refund.

Net operating loss (NOL)

Idaho doesn't allow a partnership to take a deduction for an NOL carryback or carryforward. The partnership must pass the loss through to the partners so they can take the deduction on their individual income tax returns. (See the Pass‑Through Entities page).

Visit the Income Tax Hub for links to related guides.

Keeping records

Keep copies of your tax returns and all supporting documents for at least seven years. Visit the IRS website for more information about record keeping.

Laws and rules

Learn more about Idaho business income tax:

Last updated July 8, 2020. Last full review of page: July 8, 2020

This information is for general guidance only. Tax laws are complex and change regularly. We can't cover every circumstance in our guides. This guidance may not apply to your situation. Please contact us with any questions. We work to provide current and accurate information. But some information could have technical inaccuracies or typographical errors. If there's a conflict between current tax law and this information, current tax law will govern.