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King Washington Form 1120-C: What You Should Know

Washington's cooperative businesses are allowed an exception  to the state's income tax return filing rules: If your primary business is a cooperative in Washington, you can use the income tax return form to file Form 1120-C of your income tax return, even if your primary business is a business other than a collective society, cooperative or joint-stock association. The form allows you to report on this return cooperative income you receive from: A cooperative (other than an association) that is a corporation or a labor union; An organization that is a corporation or labor union; A state or federal governmental unit; and, Any activity that you receive only as a result of being a member of, a committee member of, or an interested person affiliated with a cooperative. (The “involved person” language was added to the original act as part of the Fair Labor Standards Act.) However, this exception only extends to you if you have at least four employees for each business entity, regardless of whether you have more than four employees for each business entity:  If you are a sole proprietor and have up to 4 employees who are treated as independent contractors or independent consultants, you may use the coop form even for taxable years beginning after 2018. For 2018, however, starting in 2019, the tax collector wants to  allow some exceptions to the “independent contractor” provision, including: “Independent contractor” as it pertains to an employee includes: 1. An employee who is classified in Schedule C or E of Form W1 or an employee who is described in Section 5121.  2. If the payment is not made under a written collective bargaining agreement, as established by the collective bargaining agreement, or the terms of an unemployment compensation law.”  Other exceptions include but are not limited to: — Compensation paid to an employee for services the employee performs solely for the purposes of the employee's participation in the employees free enterprise system, and where the compensation exceeds a certain maximum; and In the case of an organization, for each member or individual other than an owner, the maximum amount that may be reported on all annual returns (or, as amended, for a single annual return with any supplemental return). Tax law does not allow the owner of a business entity to report the payment of fringe benefits under the  “free enterprise system” as a business expense.

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