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Form 8233 online Kentucky: What You Should Know

Compensation may be includible, includible for federal income tax purposes if it is: (1) received by an exempt employee (as defined in 26 U.S.C. 62(b)) during the taxable year in connection with services as an employee of another corporation on the same basis as other compensation, or from an organization that receives compensation from a taxpayer, (2) received in the course of a trade or business carried on by the individual, or (3) in the performance of independent personal services as an employee of such corporation or organization as the sole or principal shareholder, officer, or managing employee. For the purposes of this chapter, “independent personal services,” as used in this chapter, includes services (for one or more of the purposes listed in the preceding sentence) performed by the employee not in the ordinary course of business or in connection with the making of a profit, and not by the employee's employees, other than services of a type ordinarily rendered by the employee or a member of such employee's immediate family, whether for remuneration. An “immediate family member” is a spouse, son, daughter, parent, sibling, or other person related by consanguinity or affinity. For purposes of this definition, a person may be related by a fourth or subsequent degree of kinship, regardless of the length of time any relationship has existed, except that children and grandchildren of the same spouse are not deemed to be related to one another by a fourth or subsequent degree if such relationship is evidenced by blood or adoption.   To receive these exemptions, a foreign corporation must file an annual income tax return with the Internal Revenue Service and a foreign nonresident alien individual must file tax returns as an individual on behalf of himself or herself or his or her spouse or unmarried son, daughter, or stepchild. (Effective January 1, 2018.) This section shall not apply to any business that uses payment as an incentive for participation. This section does not apply to an employee who does not receive compensation. For purposes of this section, the term “foreign corporation” includes a foreign partnership or S corporation. (Effective January 1, 2018.

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