ISSUE: Why do the instructions of the non-resident income tax form (Form 1-NR) indicate that the amount of a non-resident's U.S. total income in Item 2 of the form (for tax year 1986) may not be the same as the amount the taxpayer enters in Item 14(f)

DISCUSSION: A non-resident taxpayer is required to provide U.S. total income on the Form 1-NR. In addition, the non-resident taxpayer must indicate on the form the sum of Massachusetts total 5% income, 10% income and the additional income that would have been reported as Massachusetts income had the taxpayer been a Massachusetts resident. Due to the differences between Massachusetts and federal tax laws, however, these two amounts may not be the same. For tax year 1986, these differences include:



Differences

Federal Tax Treatment

Mass. Tax Treatment

Social Security and Tier I Railroad Retirement Benefits

Taxable when income above certain level, I.R.C. § 86.

Exempt, G.L. c. 62, § 2(a)(2)(H).



Contributory retirement plans of the U.S., Massachusetts and other states which do not tax such income from Massachusetts

Taxable after contributions are recovered, I.R.C. § 402

Exempt, G.L. c. 62, §§ 2(a)(2)(E), 3B(4).



U.S. bond interest

Taxable, I.R.C. § 103.

Exempt, G.L. c. 62, § 2(a)(2)(A).



Bond interest from other states

Exempt, I.R.C. § 103.

Taxable, G.L. c. 62, § 2(a)(1)(A).



Foreign earned income

$80,000 exempt, I.R.C. § 911.

Fully Taxable, G.L. c. 62, § 2(a)(1)(C).



Dividends

1 st $100/200 exempt, I.R.C. § 116.

Fully taxable, G.L. c. 62, § 2(a)(1)(B).



IRA distributions

Taxable, I.R.C. § 408(d).

Taxable after contributions are recovered, G.L. c. 62, § 2(a)(2)(F).



Voluntary § 403(b) annuity contributions

Exempt, I.R.C. § 403(b).

Taxable, G.L. c. 62, § 2(a)(1)(D).



Long term capital gain deduction

60%, I.R.C. § 1202.

50%, G.L. c. 62, § 2(c)(3).



State tax refunds

Taxable to itemizers, I.R.C. § 111.

Exempt (no prior deduction under G.L. c. 62, § 2(d)).



Net operating loss carry forward

Deduction allowed, I.R.C. § 172.

Deduction disallowed, G.L. c. 62, § 2(d)(6).



Additional Difference for Shareholders of Electing S Corporations

There will also be a difference for shareholders of an S corporation which elects under the transition rule in section 72 of chapter 488 of the acts of 1986 to be taxed under the laws in effect prior to the Massachusetts adoption of federal S corporation treatment. This difference is:



Income from an S corporation

Undistributed income taxable, I.R.C. § 1366.

Actual distributions taxable, G.L. c. 62, § 2(a)(1)(E) (1973) (amended 1986).

DIRECTIVE: The above differences often result in a discrepancy between a non-resident taxpayer's U.S. total income and the sum of total 5% income, 10% income and the additional income that would have been reported as Massachusetts income had the taxpayer been a Massachusetts resident. Thus, the amount of U.S. total income in Item 2 of the Form 1-NR may not be the same as the amount in Item 14(f). DOR-D 86-19 is modified and superseded.

/s/Ira A. Jackson
Ira A. Jackson
Commissioner of Revenue

31 December 1986

DD 86-40


This Directive represents the official position of the Department of Revenue on the application of the law to the facts as stated. The Department and its personnel will follow this Directive, and taxpayers may rely upon it, unless it is revoked or modified pursuant to 830 C.M.R. § 62C.01(5)(e). In applying this Directive, however, the effect of subsequent legislation, regulations, court decisions, Directives, and TIRs must be considered, and Department personnel and taxpayers may rely upon this Directive only if the facts, circumstances and issues presented in other cases are substantially the same as those set forth in this Directive.