280 R.I. Code R. 280-RICR-20-25-7.5 - Filing of Returns

A. Every LLC which has elected to be treated as a Subchapter C corporation for federal income tax purposes shall file with the Division of Taxation annually as follows:

1. If the taxable year of the LLC is a calendar year, Form RI-1120C shall be filed on or before the fifteenth (15^th) day of April in the year following the close of the calendar year.

2. If the taxable year of the LLC is a fiscal year, Form RI-1120C shall be filed on or before the fifteenth (15^th) day of the fourth (4^th) month following the close of the fiscal year.

B. Every LLC which has elected to be treated as a Subchapter S Corporation for federal income tax purposes shall file with the Rhode Island Division of Taxation annually as follows:

1. If the taxable year of the LLC is a calendar year, Form RI-1120S shall be filed on or before the fifteenth (15^th) day of March in the year following the close of the calendar year.

2. If the taxable year of the LLC is a fiscal year, Form RI-1120S shall be filed on or before the fifteenth (15^th) day of third (3^rd) month following the close of the calendar year.

C. Every LLC, except for Single Member LLCs referred to in § 7.5(D) of this Part, which has not elected to be treated as a corporation for federal income tax purposes shall file with the Rhode Island Division of Taxation annually as follows:

1. If the taxable year of the LLC is a calendar year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of March in the year following the close of the calendar year.

2. If the taxable year of the LLC is a fiscal year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of the third (3^rd) month following the close of the fiscal year.

D. Every "Single Member LLC" whose single member is an individual or Sub chapter C corporation shall file with the Division of Taxation annually as follows:

1. If the taxable year of the LLC is a calendar year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of April in the year following the close of the calendar year.

2. If the taxable year of the LLC is a fiscal year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of the fourth (4^th) month following the close of the fiscal year.

E. Every "Single Member LLC" whose single member is an individual or Sub chapter S corporation or a partnership shall file with Rhode Island the Division of Taxation annually as follows:

1. If the taxable year of the LLC is a calendar year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of March in the year following the close of the calendar year.

2. If the taxable year of the LLC is a fiscal year, Form RI-1065 shall be filed on or before the fifteenth (15^th) day of the third (3^rd) month following the close of the fiscal year.

F. When filing the Rhode Island annual return the LLC shall attach a copy of its Federal return for that taxable year.

1. If the LLC elects to be treated as a C corporation for federal income tax purposes, a copy of federal Form 1120 shall be attached to the Form RI-1120C. If the LLC elects federal Subchapter S treatment, then a copy of federal Form 1120S shall be attached to Form RI-1120S.

2. If the LLC elects to be treated as a partnership for federal income tax purposes, a copy of federal Form 1065 shall be attached to the Form RI-1065.

3. If the LLC elects to be treated as a disregarded entity for federal income tax purposes, a copy of federal pro forma tax return, federal Form 1040 Schedule C, federal Form 1040 Schedule E, federal Form 1040 Schedule F (whichever is applicable) shall be attached to Form RI-1065. For a LLC with a single member taxed as a Subchapter C corporation or as a Subchapter S corporation, a profit or loss statement shall be an acceptable attachment to Form RI-1065.

G. Any LLC disregarded for federal income tax purposes is still required to file the Form RI-1065 with payment of the annual charge. The pass-through entity's income, loss or other activity shall flow through to the single member's income tax return and be taxed at that level. The single member's income tax return is not considered to be a filing for the LLC.

H. Any LLC disregarded for federal income tax purposes shall use their federal employer identification number to file Form RI-1065. However, if the entity does not have a federal identification number, the entity is required to obtain a federal employer identification number (EIN) from the United States internal revenue service to be used when filing the required Rhode Island tax return.

Notes

280 R.I. Code R. 280-RICR-20-25-7.5