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Form 56 online Nebraska: What You Should Know

Notice dated (or before) December 14, 2018, that a taxpayer may not receive a special tax treatment if any person or partnership has a legal duty or other relationship with the taxpayers for certain taxes other than foreign income taxes. The taxpayer cannot satisfy the fiduciary test for this special tax treatment because the taxpayer is, or (to the extent applicable) would be, considered an officer or employee (or other individual having rights with respect to the taxpayer) of the person or partnership that has the material duty or other relationship with the taxpayer. Form 56 has three pages of instructions that address each line that applies to the special tax treatment described in Notice.  This notice should be mailed to the taxpayer's last known address. If the taxpayer changes addresses, the taxpayer must file Form 56 by this date. The “fiduciary relationship” does not require all income derived from sources in or from (1) this state, or (2) a trade or business established in this state except where the duty or other relationship arises solely from and is attributable to the provision of services in the course of a specific trade or business. “Material duty or other relationship with the taxpayer” in this context includes a duty for services performed, which is contingent or determined for a specified time, under an agreement to provide services, and which is contingent or determined for a specified amount of time or a definite amount in the future. “Duty or other relationship with the taxpayer” does not include a duty for services performed, and the income derived from the services, if the duty or other relationship arose primarily from and is attributable to a specific contract, agreement, undertaking or understanding entered into or performed by the person or partnership. See the Forms 56(p)(26), (p)(27)(A)–(C), and (q) for information on filing the form. Form 56. (Rev. December 2019). Department of the Treasury. Internal Revenue Service. Notice Concerning Fiduciary Relationship —  A partnership may be designated as a fiduciary. However, only a partnership (or an associate's limited partnership) that has a material duty of the partnership (or associate) is designated as a fiduciary. An LLC is not considered a partnership nor does a partnership have the obligation to provide services to an LLC if the partnership has a material duty or other relationships with the LLC.

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