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19. My pass-through entity is owned by other pass-through entities (upper-tier). If we file a Request for Exemption from Pass-through Entity Withholding, should we identify the “upper-tier” owners as compliant taxpayers?

Yes, the upper-tier pass-through entities would be considered compliant taxpayers on the 941E-ME and the 941LM-ME, however in addition to the 941AF-ME from the upper-tier pass-through entity, the lower-tier must have received a statement from the upper-tier. The statement must be signed by an officer and must identify which of the exemptions the members of the upper tier met.

If the upper-tier pass-through entity has nonresident members who do not meet automatic exemptions, the upper-tier would also be required to submit a 941E-ME.