1. Every person or corporation being a resident of or having a place of business in this state, including lessees or mortgagors of real or personal property, fiduciaries, employers and all officers and employees of the state or of any political subdivision of the state, or agent of the person or corporation, having the control, receipt, custody, disposal or payment of interest (other than interest coupons payable to bearer), rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, unemployment compensation, royalties, patronage dividends, or other fixed or determinable annual or periodical gains, profits and income, in an amount sufficient to require that an information return be filed under the Internal Revenue Code if the income is subject to federal tax, paid or payable during any year to any individual, whether a resident of this state or not, shall make a complete information return under such regulations and in such form and manner and to such extent as may be prescribed by the director. However, the person or corporation shall not be required to file an information return if the information is available to the department from the internal revenue service.
2. Every partnership including limited partnerships organized under chapter 487, having a place of business in the state, shall make a return, stating specifically the net income and capital gains (or losses) reported on the federal partnership return, the names and addresses of the partners, and their respective shares in said amounts.
3. Every fiduciary shall make a return for the individual, estate, or trust for whom or for which the fiduciary acts, and shall set forth in such return the taxable income, the names and addresses of the beneficiaries, and the amounts distributed or distributable to each as reported on the federal fiduciary income tax return. Such return may be made by one or two or more joint fiduciaries.
4. Notwithstanding subsections 1, 2, and 3, or any other provision of this chapter, withholding of income tax and any reporting requirement shall not be imposed upon a person, corporation, or withholding agent or any payor of deferred compensation, pensions, or annuities with regard to such payments made to a nonresident of the state.
[C35, § 6943-f15; C39, § 6943.047; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 422.15; 82 Acts, ch 1103, § 1110]
92 Acts, ch 1224, § 3; 92 Acts, 2nd Ex, ch 1001, § 237
Referred to in § 422.13, 422.16, 422.38
1992 amendments to subsection 1 are effective January 1, 1993, and apply to income payments made on or after that date; 92 Acts, 2nd Ex, ch 1001, § 250 ~I1992 amendment adding subsection 4 retroactive to January 1, 1992, for tax years beginning on or after that date; 92 Acts, ch 1224, § 4
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