- who have not submitted Form IL-1000-E, Certificate of Exemption for Pass-through Withholding, to the pass-through entity, and
- who receive business and nonbusiness income allocable to Illinois from the pass-through entity.
- reported to members on the Schedule K-1-P or K-1-T sent to them by the pass-through entity,
- reported to the Illinois Department of Revenue on Form IL-1120-ST or Form IL-1065 and Illinois Schedule B, or Form IL-1041 and Schedule D, and
- paid electronically or with the return type voucher (IL-1065-V, IL-1120-ST-V or IL-1041-V).
A pass-through entity (PTE) is any entity treated as a partnership, subchapter S corporation, or fiduciary* for federal income tax purposes.
Pass-through entity income is the income that any partnership, subchapter S corporation, or fiduciary* passes through to its partners, shareholders, or beneficiaries. Pass-through entity income is considered earned on the last day of the pass-through entity's tax year.
Pass-through withholding is the amount required to be reported and paid by the pass-through entity, that has not elected to pay pass-through entity tax**, on behalf of its nonresident partners***, shareholders, and beneficiaries:
Pass-through withholding is
If any member is a pass-through entity itself, it is required to report and pay pass-through withholding on behalf of its own nonresident partners, shareholders, or beneficiaries on the pass-through it received. A member may claim a credit on its Illinois income tax return for pass-through withholding reported and paid on its behalf.
* Estates are not required to make pass-through withholding on behalf of their beneficiaries.
** Only partnerships and subchapter S corporations can make the election to pay PTE tax.
*** Investment partnerships with nonresident partners are required to withhold the partner's share of partnership income from another lower-tier partnership that is apportionable or allocable to Illinois by the investment partnership. Form IL-1000-E does not exempt an investment partnership from investment partnership withholding.
See our Pass-through Entity Information (Publication 129) web page for more information.
Other Related Links
You may access additional information by searching the entire Illinois Department of Revenue website.
If you have additional inquiries, you may submit them on the Questions, Comments, or Requests form.