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2000 Department of the Treasury

Internal Revenue Service

Partner's Instructions for


Schedule K-1 (Form 1065)
Partner's Share of Income, Credits, Deductions, etc.
(For Partner's Use Only)
Section references are to the Internal Revenue Code unless otherwise noted.

If you are required to file Form 8082 but If a partner is required to notify the
General Instructions fail to do so, you may be subject to the partnership of a section 751(a) exchange
accuracy-related penalty. This penalty is but fails to do so, a $50 penalty may be
Purpose of Schedule K-1 in addition to any tax that results from imposed for each such failure. However,
making your amount or treatment of the no penalty will be imposed if the partner
The partnership uses Schedule K-1 to item consistent with that shown on the can show that the failure was due to
report your share of the partnership's partnership's return. Any deficiency that reasonable cause and not willful neglect.
income, credits, deductions, etc. Keep it results from making the amounts
for your records. Do not file it with
your tax return. The partnership has filed
consistent may be assessed immediately. Nominee Reporting
a copy with the IRS. Any person who holds, directly or
Although the partnership generally is
Errors indirectly, an interest in a partnership as
not subject to income tax, you are liable If you believe the partnership has made a nominee for another person must
for tax on your share of the partnership an error on your Schedule K-1, notify the furnish a written statement to the
income, whether or not distributed. partnership and ask for a corrected partnership by the last day of the month
Include your share on your tax return if a Schedule K-1. Do not change any items following the end of the partnership's tax
return is required. Use these instructions on your copy of Schedule K-1. Be sure year. This statement must include the
to help you report the items shown on that the partnership sends a copy of the name, address, and identifying number
Schedule K-1 on your tax return. corrected Schedule K-1 to the IRS. If you of the nominee and such other person,
The amount of loss and deduction that are a partner in a partnership that does description of the partnership interest held
you may claim on your tax return may be not meet the small partnership exception as nominee for that person, and other
less than the amount reported on and you report any partnership item on information required by Temporary
Schedule K-1. It is the partner's your return in a manner different from the Regulations section 1.6031(c)-1T. A
responsibility to consider and apply way the partnership reported it, you must nominee that fails to furnish this statement
any applicable limitations. See file Form 8082. must furnish to the person for whom the
Limitations on Losses, Deductions, nominee holds the partnership interest a
and Credits beginning on page 2 for Sale or Exchange of copy of Schedule K-1 and related
more information. information within 30 days of receiving it
Partnership Interest from the partnership.
Where “attach schedule” appears
beside a line item on Schedule K-1, see Generally, a partner who sells or A nominee who fails to furnish when
either the schedule that the partnership exchanges a partnership interest in a due all the information required by
has attached for that line or line 25 of section 751(a) exchange must notify the Temporary Regulations section
Schedule K-1. partnership, in writing, within 30 days of 1.6031(c)-1T, or who furnishes incorrect
the exchange (or, if earlier, by January 15 information, is subject to a $50 penalty for
of the calendar year following the each statement for which a failure occurs.
Inconsistent Treatment of calendar year in which the exchange The maximum penalty is $100,000 for all
Items occurred). A “section 751(a) exchange” such failures during a calendar year. If the
Generally, you must report partnership is any sale or exchange of a partnership nominee intentionally disregards the
items shown on your Schedule K-1 (and interest in which any money or other requirement to report correct information,
any attached schedules) the same way property received by the partner in each $50 penalty increases to $100 or, if
that the partnership treated the items on exchange for that partner's interest is greater, 10% of the aggregate amount of
its return. This rule does not apply if your attributable to unrealized receivables (as items required to be reported, and the
partnership is within the “small defined in section 751(c)) or inventory $100,000 maximum does not apply.
partnership exception” and does not elect items (as defined in section 751(d)).
to have the tax treatment of partnership The written notice to the partnership International Boycotts
items determined at the partnership level. must include the names and addresses
of both parties to the exchange, the Every partnership that had operations in,
If the treatment on your original or or related to, a boycotting country,
amended return is inconsistent with the identifying numbers of the transferor and
(if known) of the transferee, and the company, or a national of a country must
partnership's treatment, or if the file Form 5713, International Boycott
partnership was required to but has not exchange date.
Report.
filed a return, you must file Form 8082, An exception to this rule is made for
sales or exchanges of publicly traded If the partnership cooperated with an
Notice of Inconsistent Treatment or international boycott, it must give you a
Administrative Adjustment Request partnership interests for which a broker is
required to file Form 1099-B, Proceeds copy of its Form 5713. You must file your
(AAR), with your original or amended own Form 5713 to report the partnership's
return to identify and explain any From Broker and Barter Exchange
Transactions. activities and any other boycott operations
inconsistency (or to note that a that you may have. You may lose certain
partnership return has not been filed). tax benefits if the partnership participated

Cat. No. 11396N


in, or cooperated with, an international the basis rules, the at-risk limitations, and not at risk, you will have to complete
boycott. See Form 5713 and the the passive activity limitations. Each of Form 6198, At-Risk Limitations, to figure
instructions for more information. these limitations is discussed separately your allowable loss.
below. The at-risk rules generally limit the
Definitions Other limitations may apply to specific amount of loss and other deductions that
deductions (for example, the section 179 you can claim to the amount you could
General Partner expense deduction). Generally, these actually lose in the activity. These losses
limitations apply before the basis, at-risk, and deductions include a loss on the
A general partner is a partner who is
and passive loss limitations. disposition of assets and the section 179
personally liable for partnership debts.
expense deduction. However, if you
Limited Partner Basis Rules acquired your partnership interest before
Generally, you may not claim your share 1987, the at-risk rules do not apply to
A limited partner is a partner in a losses from an activity of holding real
of a partnership loss (including a capital
partnership formed under a state limited property placed in service before 1987 by
loss) to the extent that it is greater than
partnership law, whose personal liability the partnership. The activity of holding
the adjusted basis of your partnership
for partnership debts is limited to the mineral property does not qualify for this
interest at the end of the partnership's tax
amount of money or other property that exception. The partnership should
year.
the partner contributed or is required to identify on an attachment to Schedule K-1
contribute to the partnership. Some The partnership is not responsible for
keeping the information needed to figure the amount of any losses that are not
members of other entities, such as subject to the at-risk limitations.
domestic or foreign business trusts or the basis of your partnership interest.
limited liability companies that are Although the partnership does provide an Generally, you are not at risk for
classified as partnerships, may be treated analysis of the changes to your capital amounts such as the following:
as limited partners for certain purposes. account in Item J of Schedule K-1, that ● Nonrecourse loans used to finance the

See, for example, Temporary Regulations information is based on the partnership's activity, to acquire property used in the
section 1.469-5T(e)(3), which treats all books and records and cannot be used to activity, or to acquire your interest in the
members with limited liability as limited figure your basis. activity, that are not secured by your own
partners for purposes of section You can figure the adjusted basis of property (other than the property used in
469(h)(2). your partnership interest by adding items the activity). See the instructions for item
that increase your basis and then F on page 5 for the exception for qualified
Nonrecourse Loans subtracting items that decrease your nonrecourse financing secured by real
Nonrecourse loans are those liabilities of basis. property.
Items that increase your basis are: ● Cash, property, or borrowed amounts
the partnership for which no partner bears
the economic risk of loss. ● Money and your adjusted basis in used in the activity (or contributed to the
property contributed to the partnership. activity, or used to acquire your interest in
Elections ● Your share of the increase in the
the activity) that are protected against loss
partnership's liabilities (or your individual by a guarantee, stop-loss agreement, or
Generally, the partnership decides how to other similar arrangement (excluding
liabilities caused by your assumption of
figure taxable income from its operations. casualty insurance and insurance against
partnership liabilities).
However, certain elections are made by tort liability).
● Your share of the partnership's income
you separately on your income tax return ● Amounts borrowed for use in the
and not by the partnership. These (including tax-exempt income).
activity from a person who has an interest
elections are made under the following ● Your share of the excess of the
in the activity, other than as a creditor, or
code sections: deductions for depletion over the basis of who is related, under section 465(b)(3), to
● Section 59(e) (deduction of certain the property subject to depletion. a person (other than you) having such an
qualified expenditures ratably over the Items that decrease your basis (but not interest.
period of time specified in that section). below zero) are: To help you complete Form 6198, the
For more information, see the instructions ● Money and the adjusted basis of
partnership should specify on an
for lines 18a and 18b of Schedule K-1 on property distributed to you. attachment to Schedule K-1 your share
page 9. ● Your share of the decrease in the of the total pre-1976 losses from a section
● Section 108(b)(5) (income from the partnership's liabilities (or your individual 465(c)(1) activity for which there existed
discharge of indebtedness). liabilities assumed by the partnership). a corresponding amount of nonrecourse
● Section 617 (deduction and recapture ● Your share of the partnership's losses liability at the end of the year in which the
of certain mining exploration (including capital losses). losses occurred. Also, you should get a
expenditures). ● Your share of the partnership's section separate statement of income, expenses,
● Section 901 (foreign tax credit). 179 expense deduction (even if you etc., for each activity from the partnership.
cannot deduct all of it).
Passive Activity Limitations
Additional Information ● Your share of the partnership's
nondeductible expenses. Section 469 provides rules that limit the
For more information on the treatment of deduction of certain losses and credits.
● The amount of your deduction for
partnership income, credits, deductions, These rules apply to partners who:
etc., see Pub. 541, Partnerships, and depletion of any partnership oil and gas
● Are individuals, estates, trusts, closely
Pub. 535, Business Expenses. property (not to exceed your allocable
share of the adjusted basis of that held corporations, or personal service
To get forms and publications, see the property). corporations and
instructions for your tax return. ● Have a passive activity loss or credit for
For more details on the basis rules, see
Pub. 541. the tax year.
Limitations on Losses, Generally, passive activities include:
Deductions, and Credits At-Risk Limitations 1. Trade or business activities in
There are three separate potential Generally, if you have (a) a loss or other which you did not materially participate
limitations on the amount of partnership deduction from any activity carried on as and
losses that you may deduct on your a trade or business or for the production 2. Activities that meet the definition of
return. These limitations and the order in of income by the partnership, and (b) rental activities under Temporary
which you must apply them are as follows: amounts in the activity for which you are Regulations section 1.469-1T(e)(3) and
Regulations section 1.469-1(e)(3).

Page 2 Instructions for Schedule K-1


Passive activities do not include: (trade or business activity, rental real in which capital is not a material
1. Trade or business activities in estate activity, rental activity other than income-producing factor.
which you materially participated. rental real estate, etc.) and specifies the 7. Based on all the facts and
2. Rental real estate activities in which income (loss), deductions, and credits circumstances, you participated in the
you materially participated if you were a from each activity. activity on a regular, continuous, and
“real estate professional” for the tax year. Material participation. You must substantial basis during the tax year.
You were a real estate professional only determine if you materially participated (a) Limited partners. If you are a limited
if you met both of the following conditions: in each trade or business activity held partner, you do not materially participate
a. More than half of the personal through the partnership and (b) if you in an activity unless you meet one of the
services you performed in trades or were a real estate professional (defined tests in paragraphs 1, 5, or 6 above.
businesses were performed in real above), in each rental real estate activity Work counted toward material
property trades or businesses in which held through the partnership. All participation. Generally, any work that
you materially participated and determinations of material you or your spouse does in connection
b. You performed more than 750 participation are made based on your with an activity held through a partnership
hours of services in real property trades participation during the partnership's (where you own your partnership interest
or businesses in which you materially tax year. at the time the work is done) is counted
participated. Material participation standards for toward material participation. However,
Note: For a closely held C corporation partners who are individuals are listed work in connection with the activity is not
(defined in section 465(a)(1)(B)), the below. Special rules apply to certain counted toward material participation if
above conditions are treated as met if retired or disabled farmers and to the either of the following applies.
more than 50% of the corporation's gross surviving spouses of farmers. See the 1. The work is not the type of work
receipts were from real property trades Instructions for Form 8582 for details. that owners of the activity would usually
or businesses in which the corporation Corporations should refer to the do and one of the principal purposes of
materially participated. Instructions for Form 8810 for the material the work that you or your spouse does is
For purposes of this rule, each interest participation standards that apply to them. to avoid the passive loss or credit
in rental real estate is a separate activity, Individuals (other than limited limitations.
unless you elect to treat all interests in partners). If you are an individual (either 2. You do the work in your capacity
rental real estate as one activity. For a general partner or a limited partner who as an investor and you are not directly
details on making this election, see the owned a general partnership interest at involved in the day-to-day operations of
Instructions for Schedule E (Form 1040). all times during the tax year), you the activity. Examples of work done as an
If you are married filing jointly, either materially participated in an activity only investor that would not count toward
you or your spouse must separately meet if one or more of the following apply: material participation include:
both of the above conditions, without 1. You participated in the activity for a. Studying and reviewing financial
taking into account services performed by more than 500 hours during the tax year. statements or reports on operations of the
the other spouse. 2. Your participation in the activity for activity.
A real property trade or business is any the tax year constituted substantially all b. Preparing or compiling summaries
real property development, the participation in the activity of all or analyses of the finances or operations
redevelopment, construction, individuals (including individuals who are of the activity for your own use.
reconstruction, acquisition, conversion, not owners of interests in the activity). c. Monitoring the finances or
rental, operation, management, leasing, 3. You participated in the activity for operations of the activity in a
or brokerage trade or business. Services more than 100 hours during the tax year, nonmanagerial capacity.
you performed as an employee are not and your participation in the activity for the Effect of determination. If you
treated as performed in a real property tax year was not less than the determine that you materially participated
trade or business unless you owned more participation in the activity of any other in (a) a trade or business activity of the
than 5% of the stock (or more than 5% individual (including individuals who were partnership or (b) if you were a real estate
of the capital or profits interest) in the not owners of interests in the activity) for professional (defined above) in a rental
employer. the tax year. real estate activity of the partnership,
3. Working interests in oil or gas wells 4. The activity was a significant report the income (loss), deductions, and
if you were a general partner. participation activity for the tax year, and credits from that activity as indicated in
4. The rental of a dwelling unit any you participated in all significant either column (c) of Schedule K-1 or the
partner used for personal purposes during participation activities (including activities instructions for each line.
the year for more than the greater of 14 outside the partnership) during the year If you determine that you did not
days or 10% of the number of days that for more than 500 hours. A significant materially participate in a trade or
the residence was rented at fair rental participation activity is any trade or business activity of the partnership or if
value. business activity in which you participated you have income (loss), deductions, or
5. Activities of trading personal for more than 100 hours during the year credits from a rental activity of the
property for the account of owners of and in which you did not materially partnership (other than a rental real estate
interests in the activities. participate under any of the material activity in which you materially
participation tests (other than this test 4). participated as a real estate professional),
If you are an individual, an estate, or a
trust, and you have a passive activity loss 5. You materially participated in the the amounts from that activity are passive.
or credit, use Form 8582, Passive Activity activity for any 5 tax years (whether or not Report passive income (losses),
Loss Limitations, to figure your allowable consecutive) during the 10 tax years that deductions, and credits as follows:
passive losses and Form 8582-CR, immediately precede the tax year. 1. If you have an overall gain (the
Passive Activity Credit Limitations, to 6. The activity was a personal service excess of income over deductions and
figure your allowable passive credits. For activity and you materially participated in losses, including any prior year unallowed
a corporation, use Form 8810, Corporate the activity for any 3 tax years (whether loss) from a passive activity, report the
Passive Activity Loss and Credit or not consecutive) preceding the tax income, deductions, and losses from the
Limitations. See the instructions for these year. A personal service activity activity as indicated on Schedule K-1 or
forms for more information. involves the performance of personal in these instructions.
If the partnership had more than one services in the fields of health, law, 2. If you have an overall loss (the
activity, it will attach a statement to your engineering, architecture, accounting, excess of deductions and losses,
Schedule K-1 that identifies each activity actuarial science, performing arts, including any prior year unallowed loss,
consulting, or any other trade or business over income) or credits from a passive

Instructions for Schedule K-1 Page 3


activity, report the income, deductions, unallowed loss of $3,500. Be sure to Active participation in a rental real
losses, and credits from all passive write “From PTP” to the left of each entry estate activity. If you actively
activities using the Instructions for Form space. participated in a rental real estate activity,
8582 or Form 8582-CR (or Form 8810), 3. If you have an overall loss (but did you may be able to deduct up to $25,000
to see if your deductions, losses, and not dispose of your entire interest in the of the loss from the activity from
credits are limited under the passive PTP to an unrelated person in a fully nonpassive income. This “special
activity rules. taxable transaction during the year), the allowance” is an exception to the general
Publicly traded partnerships. The losses are allowed to the extent of the rule disallowing losses in excess of
passive activity limitations are applied income, and the excess loss is carried income from passive activities. The
separately for items (other than the forward to use in a future year when you special allowance is not available if you
low-income housing credit and the have income to offset it. Report as a were married, file a separate return for the
rehabilitation credit) from each publicly passive loss on the schedule or form you year, and did not live apart from your
traded partnership (PTP). Thus, a net normally use the portion of the loss equal spouse at all times during the year.
passive loss from a PTP may not be to the income. Report the income as Only individuals and qualifying estates
deducted from other passive income. passive income on the form or schedule can actively participate in a rental real
Instead, a passive loss from a PTP is you normally use. estate activity. Estates (other than
suspended and carried forward to be Example. You have a Schedule E loss qualifying estates), trusts, and
applied against passive income from the of $12,000 (current year losses plus prior corporations cannot actively participate.
same PTP in later years. If the partner's year unallowed losses) and a Form 4797 Limited partners cannot actively
entire interest in the PTP is completely gain of $7,200. Report the $7,200 gain on participate unless future regulations
disposed of, any unused losses are the appropriate line of Form 4797. On provide an exception.
allowed in full in the year of disposition. Schedule E, Part II, report $7,200 of the You are not considered to actively
If you have an overall gain from a PTP, losses as a passive loss in column (g). participate in a rental real estate activity
the net gain is nonpassive income. In Carry forward to 2001 the unallowed loss if at any time during the tax year your
addition, the nonpassive income is of $4,800 ($12,000 − $7,200). interest (including your spouse's interest)
included in investment income to figure If you have unallowed losses from more in the activity was less than 10% (by
your investment interest expense than one activity of the PTP or from the value) of all interests in the activity.
deduction. same activity of the PTP that must be Active participation is a less stringent
Do not report passive income, gains, reported on different forms, you must requirement than material participation.
or losses from a PTP on Form 8582. allocate the unallowed losses on a pro You may be treated as actively
Instead, use the following rules to figure rata basis to figure the amount allowed participating if you participated, for
and report on the proper form or schedule from each activity or on each form. example, in making management
your income, gains, and losses from Tax tip. To allocate and keep a record decisions or arranging for others to
passive activities that you held through of the unallowed losses, use Worksheets provide services (such as repairs) in a
each PTP you owned during the tax year: 4, 5, and 6 of Form 8582. List each significant and bona fide sense.
1. Combine any current year income, activity of the PTP in Worksheet 4. Enter Management decisions that can count as
gains and losses, and any prior year the overall loss from each activity in active participation include approving new
unallowed losses to see if you have an column (a). Complete column (b) of tenants, deciding rental terms, approving
overall gain or loss from the PTP. Include Worksheet 4 according to its instructions. capital or repair expenditures, and other
only the same types of income and losses Multiply the total unallowed loss from the similar decisions.
you would include in your net income or PTP by each ratio in column (b) and enter An estate is a qualifying estate if the
loss from a non-PTP passive activity. See the result in column (c) of Worksheet 4. decedent would have satisfied the active
Pub. 925, Passive Activity and At-Risk Then complete Worksheet 5 if all the loss participation requirement for the activity
Rules, for more details. from the same activity is to be reported for the tax year the decedent died. A
2. If you have an overall gain, the net on one form or schedule. Use Worksheet qualifying estate is treated as actively
gain portion (total gain minus total losses) 6 instead of Worksheet 5 if you have more participating for tax years ending less than
is nonpassive income. On the form or than one loss to be reported on different 2 years after the date of the decedent's
schedule you normally use, report the net forms or schedules for the same activity. death.
gain portion as nonpassive income and Enter the net loss plus any prior year The maximum special allowance that
the remaining income and the total losses unallowed losses in column (a) of single individuals and married individuals
as passive income and loss. To the left Worksheet 5 (or Worksheet 6 if filing a joint return can qualify for is
of the entry space, write “From PTP.” It applicable). The losses in column (c) of $25,000. The maximum is $12,500 for
is important to identify the nonpassive Worksheet 5 (column (e) of Worksheet 6) married individuals who file separate
income because the nonpassive portion are the allowed losses to report on the returns and who lived apart all times
is included in modified adjusted gross forms or schedules. Report both these during the year. The maximum special
income for purposes of figuring on Form losses and any income from the PTP on allowance for which an estate can qualify
8582 the “special allowance” for active the forms and schedules you normally is $25,000 reduced by the special
participation in a non-PTP rental real use. allowance for which the surviving spouse
estate activity. In addition, the 4. If you have an overall loss and you qualifies.
nonpassive income is included in disposed of your entire interest in the PTP If your modified adjusted gross income
investment income when figuring your to an unrelated person in a fully taxable (defined below) is $100,000 or less
investment interest expense deduction on transaction during the year, your losses ($50,000 or less if married filing
Form 4952. (including prior year unallowed losses) separately), your loss is deductible up to
Example. If you have Schedule E allocable to the activity for the year are the amount of the maximum special
income of $8,000, and a Form 4797 prior not limited by the passive loss rules. A allowance referred to in the preceding
year unallowed loss of $3,500 from the fully taxable transaction is one in which paragraph. If your modified adjusted
passive activities of a particular PTP, you you recognize all your realized gain or gross income is more than $100,000
have a $4,500 overall gain ($8,000 − loss. Report the income and losses on (more than $50,000 if married filing
$3,500). On Schedule E, Part II, report the forms and schedules you normally separately), the special allowance is
the $4,500 net gain as nonpassive income use. limited to 50% of the difference between
in column (k). In column (h), report the Note: For rules on the disposition of an $150,000 ($75,000 if married filing
remaining Schedule E gain of $3,500 entire interest reported using the separately) and your modified adjusted
($8,000 − $4,500). On the appropriate installment method, see the Instructions gross income. When modified adjusted
line of Form 4797, report the prior year for Form 8582. gross income is $150,000 or more

Page 4 Instructions for Schedule K-1


($75,000 or more if married filing the share that existed immediately before with your Schedule K-1. Use this
separately), there is no special allowance. the total disposition. A partner's “other information to complete your Form 8271.
Modified adjusted gross income is liability” is any partnership liability for If the partnership itself is a
your adjusted gross income figured which a partner is personally liable. registration-required tax shelter, use the
without taking into account: Use the total of the three amounts for information on Schedule K-1 (name of the
● Any passive activity loss. computing the adjusted basis of your partnership, partnership identifying
● Any rental real estate loss allowed partnership interest. number, and tax shelter registration
under section 469(c)(7) to real estate Generally, you may use only the number) to complete your Form 8271.
professionals (as defined on page 3). amounts shown next to “Qualified
nonrecourse financing” and “Other” to Item H
● Any taxable social security or
equivalent railroad retirement benefits. compute your amount at risk. Do not If the box in Item H is checked, you are
● Any deductible contributions to an IRA
include any amounts that are not at risk a partner in a publicly traded partnership
if such amounts are included in either of and must follow the rules discussed on
or certain other qualified retirement plans
these categories. page 4 under Publicly traded
under section 219.
If your partnership is engaged in two partnerships.
● The student loan interest deduction.
or more different types of activities subject
● The deduction allowed under section
164(f) for one-half of self-employment
to the at-risk provisions, or a combination Lines 1 Through 25
of at-risk activities and any other activity,
taxes. The amounts shown on lines 1 through
the partnership should give you a
● The exclusion from income of interest 25 reflect your share of income, loss,
statement showing your share of
from Series EE or I U.S. Savings Bonds credits, deductions, etc., from partnership
nonrecourse liabilities, partnership-level
used to pay higher education expenses. business or rental activities without
qualified nonrecourse financing, and other
● The exclusion of amounts received
reference to limitations on losses or
liabilities for each activity.
under an employer's adoption assistance adjustments that may be required of you
Qualified nonrecourse financing because of:
program. secured by real property used in an
Special rules for certain other 1. The adjusted basis of your
activity of holding real property that is
activities. If you have net income (loss), partnership interest,
subject to the at-risk rules is treated as
deductions, or credits from any activity to an amount at risk. Qualified 2. The amount for which you are at
which special rules apply, the partnership nonrecourse financing generally risk, or
will identify the activity and all amounts includes financing for which no one is 3. The passive activity limitations.
relating to it on Schedule K-1 or on an personally liable for repayment that is For information on these provisions,
attachment. borrowed for use in an activity of holding see Limitations on Losses,
If you have net income subject to real property and that is loaned or Deductions, and Credits beginning on
recharacterization under Temporary guaranteed by a Federal, state, or local page 2.
Regulations section 1.469-2T(f) and government or borrowed from a If you are an individual and the passive
Regulations section 1.469-2(f), report “qualified” person. activity rules do not apply to the amounts
such amounts according to the Qualified persons include any persons shown on your Schedule K-1, take the
Instructions for Form 8582 (or Form actively and regularly engaged in the amounts shown in column (b) and enter
8810). business of lending money, such as a them on the lines on your tax return as
If you have net income (loss), bank or savings and loan association. indicated in column (c). If the passive
deductions, or credits from any of the Qualified persons generally do not activity rules do apply, report the amounts
following activities, treat such amounts as include related parties (unless the shown in column (b) as indicated in the
nonpassive and report them as instructed nonrecourse financing is commercially line instructions.
in column (c) of Schedule K-1 or in these reasonable and on substantially the same If you are not an individual, report the
instructions: terms as loans involving unrelated amounts in column (b) as instructed on
1. Working interests in oil and gas persons), the seller of the property, or a your tax return.
wells if you are a general partner. person who receives a fee for the The line numbers in column (c) are
2. The rental of a dwelling unit any partnership's investment in the real references to forms in use for calendar
partner used for personal purposes during property. year 2000. If you file your tax return on a
the year for more than the greater of 14 See Pub. 925 for more information on calendar year basis, but your partnership
days or 10% of the number of days that qualified nonrecourse financing. files a return for a fiscal year, enter the
the residence was rented at fair rental Both the partnership and you must amounts shown in column (b) on your tax
value. meet the qualified nonrecourse rules on return for the year in which the
3. Trading personal property for the this debt before you can include the partnership's fiscal year ends. For
account of owners of interests in the amount shown next to “Qualified example, if the partnership's tax year
activity. nonrecourse financing” in your at-risk ends in February 2001, report the
computation. amounts in column (b) on your 2001 tax
See Limitations on Losses, return.
Deductions, and Credits beginning on If you have losses, deductions, or
Specific Instructions page 2 for more information on the at-risk credits from a prior year that were not
limitations. deductible or usable because of certain
General Information and limitations, such as the basis rules or the
Item G at-risk limitations, take them into account
Questions in determining your net income, loss, or
If the partnership is a registration-required
tax shelter or has invested in a credits for this year. However, except for
Item F passive activity losses and credits, do not
registration-required tax shelter, it should
Item F should show your share of the have completed Item G. If you claim or combine the prior-year amounts with any
partnership's nonrecourse liabilities, report any income, loss, deduction, or amounts shown on this Schedule K-1 to
partnership-level qualified nonrecourse credit from a tax shelter, you must attach get a net figure to report on any
financing, and other liabilities as of the Form 8271 to your tax return. If the supporting schedules, statements, or
end of the partnership's tax year. If you partnership has invested in a tax shelter, forms attached to your return. Instead,
terminated your interest in the partnership it must give you a copy of its Form 8271 report the amounts on the attached
during the tax year, Item F should show schedule, statement, or form on a
year-by-year basis.

Instructions for Schedule K-1 Page 5


If you have amounts other than those d. Your total loss from the rental real The partnership uses line 4f to report
shown on Schedule K-1 to report on estate activities was not more than portfolio income other than interest,
Schedule E (Form 1040), enter each item $25,000 (not more than $12,500 if married ordinary dividend, royalty, and capital gain
on a separate line of Part II of Schedule filing separately and you lived apart from (loss) income. It will attach a statement to
E. your spouse all year). tell you what kind of portfolio income is
e. If you are a married person filing reported on line 4f.
Income separately, you lived apart from your If the partnership has a residual interest
spouse all year. in a real estate mortgage investment
Line 1—Ordinary Income (Loss) f. You have no current or prior year conduit (REMIC), it will report on the
From Trade or Business Activities unallowed credits from a passive activity. statement your share of REMIC taxable
g. Your modified adjusted gross income (net loss) that you report on
The amount reported for line 1 is your Schedule E (Form 1040), Part IV, column
share of the ordinary income (loss) from income was not more than $100,000 (not
more than $50,000 if married filing (d). The statement will also report your
the trade or business activities of the share of any “excess inclusion” that you
partnership. Generally, where you report separately and you lived apart from your
spouse all year). report on Schedule E, Part IV, column (c),
this amount on Form 1040 depends on and your share of section 212 expenses
whether the amount is from an activity h. Your interest in the rental real
estate activity was not held as a limited that you report on Schedule E, Part IV,
that is a passive activity to you. If you are column (e). If you itemize your deductions
an individual partner filing your 2000 Form partner.
on Schedule A (Form 1040), you may also
1040, find your situation below and report 2. If you have a loss from a passive deduct these section 212 expenses as a
your line 1 income (loss) as instructed, activity on line 2 and you do not meet all miscellaneous deduction subject to the
after applying the basis and at-risk the conditions in 1 above, report the loss 2% limit on Schedule A, line 22.
limitations on losses: following the Instructions for Form 8582
1. Report line 1 income (loss) from to figure how much of the loss you can Line 5—Guaranteed Payments to
partnership trade or business activities in report on Schedule E (Form 1040), Part Partners
which you materially participated on II, column (g). However, if the box in Item
H is checked, report the loss following the Generally, amounts on this line are not
Schedule E (Form 1040), Part II, column
rules for Publicly traded partnerships passive income, and you should report
(i) or (k).
on page 4. them on Schedule E (Form 1040), Part II,
2. Report line 1 income (loss) from column (k) (for example, guaranteed
partnership trade or business activities in 3. If you were a real estate payments for personal services).
which you did not materially participate, professional and you materially
as follows: participated in the activity, report line 2 Line 6—Net Section 1231 Gain
a. If income is reported on line 1, income (loss) on Schedule E (Form (Loss) (Other Than Due to Casualty
report the income on Schedule E, Part II, 1040), Part II, column (i) or (k). or Theft)
column (h). However, if the box in Item H 4. If you have income from a passive
is checked, report the income following activity on line 2, enter the income on If the amount on line 6 is from a rental
the rules for Publicly traded Schedule E, Part II, column (h). However, activity, the section 1231 gain (loss) is
partnerships on page 4. if the box in Item H is checked, report the generally a passive activity amount.
income following the rules for Publicly Likewise, if the amount is from a trade or
b. If a loss is reported on line 1, follow business activity and you did not
the Instructions for Form 8582, to figure traded partnerships on page 4.
materially participate in the activity, the
how much of the loss can be reported on Line 3—Net Income (Loss) From section 1231 gain (loss) is a passive
Schedule E, Part II, column (g). However, activity amount.
if the box in Item H is checked, report the Other Rental Activities
loss following the rules for Publicly The amount on line 3 is a passive activity However, an amount on line 6 from a
traded partnerships on page 4. amount for all partners. Report the income rental real estate activity is not from a
or loss as follows: passive activity if you were a real estate
Line 2—Net Income (Loss) From professional (defined on page 3) and you
1. If line 3 is a loss, report the loss materially participated in the activity.
Rental Real Estate Activities following the Instructions for Form 8582.
However, if the box in Item H is checked, If the amount on line 6 is either (a) a
Generally, the income (loss) reported on loss that is not from a passive activity or
line 2 is a passive activity amount for all report the loss following the rules for
Publicly traded partnerships on page (b) a gain, report it on Form 4797, line 2,
partners. However, the income (loss) on column (g). Do not complete columns (b)
line 2 is not from a passive activity if you 4.
through (f) on line 2. Instead, write “From
were a real estate professional (defined 2. If income is reported on line 3, Schedule K-1 (Form 1065)” across these
on page 3) and you materially participated report the income on Schedule E (Form columns.
in the activity. 1040), Part II, column (h). However, if the
box in Item H is checked, report the If the amount on line 6 is a loss from a
If you are filing a 2000 Form 1040, use passive activity, see Passive loss
the following instructions to determine income following the rules for Publicly
traded partnerships on page 4. limitations in the Instructions for Form
where to enter a line 2 amount: 4797. You will need to report the loss
1. If you have a loss from a passive Lines 4a Through 4f—Portfolio following the Instructions for Form 8582
activity on line 2 and you meet all of the Income (Loss) to figure how much of the loss is allowed
following conditions, enter the loss on on Form 4797. However, if the box in
Schedule E (Form 1040), Part II, column Portfolio income or loss is not subject to Item H is checked, report the loss on line
(g): the passive activity limitations. Portfolio 6 following the rules for Publicly traded
a. You actively participated in the income includes income not derived in the partnerships on page 4.
partnership rental real estate activities. ordinary course of a trade or business
See Active participation in a rental real from interest, ordinary dividends, Line 7—Other Income (Loss)
estate activity on page 4. annuities, or royalties and gain or loss on Amounts on this line are other items of
the sale of property that produces such income, gain, or loss not included on lines
b. Rental real estate activities with income or is held for investment. 1 through 6. The partnership should give
active participation were your only
passive activities. Column (c) of Schedule K-1 tells you a description and the amount of your
individual partners where to report this share for each of these items.
c. You have no prior year unallowed income on Form 1040. Report loss items that are passive
losses from these activities.
activity amounts to you following the
Instructions for Form 8582. However, if
Page 6 Instructions for Schedule K-1
the box in Item H is checked, report the are not eligible for the section 1202 See the instructions for Schedule D
loss following the rules for Publicly exclusion. The following additional (Form 1040) for details on how to report
traded partnerships on page 4. limitations apply at the partner level: the gain and the amount of the allowable
Report income or gain items that are 1. You must have held an interest in postponed gain.
passive activity amounts to you as the partnership when the partnership
instructed below. acquired the qualified small busniess Deductions
The instructions given below tell you stock and at all times thereafter until the
where to report line 7 items if such items partnership disposed of the qualified small Line 8—Charitable Contributions
are not passive activity amounts. business stock.
The partnership will give you a schedule
Line 7 items may include the following: 2. Your distributive share of the that shows the amount of contributions
● Partnership gains from the disposition eligible section 1202 gain cannot exceed subject to the 50%, 30%, and 20%
of farm recapture property (see Form the amount that would have been limitations. For more details, see the
4797) and other items to which section allocated to you based on your interest in Instructions for Schedule A (Form 1040).
1252 applies. the partnership at the time the stock was
If property other than cash is
● Income from recoveries of tax benefit
acquired.
contributed and if the claimed deduction
items. A tax benefit item is an amount you See the instructions for Schedule D for one item or group of similar items of
deducted in a prior tax year that reduced (Form 1040) for details on how to report property exceeds $5,000, the partnership
your income tax. Report this amount on the gain and the amount of the allowable must give you a copy of Form 8283,
line 21 of Form 1040 to the extent it exclusion. Noncash Charitable Contributions, to
reduced your tax. ● Gain eligible for section 1045 rollover attach to your tax return. Do not deduct
● Gambling gains and losses. (replacement stock purchased by the the amount shown on this form. It is the
1. If the partnership was not engaged partnership). The partnership should also partnership's contribution. Instead, deduct
in the trade or business of gambling, (a) give you the name of the corporation that the amount shown on line 8 of your
report gambling winnings on Form 1040, issued the stock, your share of the Schedule K-1 (Form 1065).
line 21 and (b) deduct gambling losses to partnership's adjusted basis and sales If the partnership provides you with
the extent of winnings on Schedule A, line price of the stock, and the dates the stock information that the contribution was
27. was bought and sold. Corporate partners property other than cash and does not
are not eligible for the section 1045 give you a Form 8283, see the
2. If the partnership was engaged in rollover. To qualify for the section 1045
the trade or business of gambling, (a) Instructions for Form 8283 for filing
rollover: requirements. Do not file Form 8283
report gambling winnings in Part II of
Schedule E and (b) deduct gambling 1. You must have held an interest in unless the total claimed deduction for all
losses to the extent of winnings in Part II the partnership during the entire period in contributed items of property exceeds
of Schedule E. which the partnership held the qualified $500.
small business stock (more than 6 months Charitable contribution deductions are
● Any income, gain, or loss to the
prior to the sale) and not taken into account in figuring your
partnership under section 751(b). Report
this amount on Form 4797, line 10. 2. Your distributive share of the gain passive activity loss for the year. Do not
eligible for the section 1045 rollover enter them on Form 8582.
● Specially allocated ordinary gain (loss).
cannot exceed the amount that would
Report this amount on Form 4797, line 10. have been allocated to you based on your Line 9—Section 179 Expense
● Net gain (loss) from involuntary interest in the partnership at the time the Deduction
conversions due to casualty or theft. The stock was acquired.
partnership will give you a schedule that Use this amount, along with the total cost
See the instructions for Schedule D of section 179 property placed in service
shows the amounts to be entered on (Form 1040) for details on how to report
Form 4684, Casualties and Thefts, line during the year from other sources, to
the gain and the amount of the allowable complete Part I of Form 4562,
34, columns (b)(i), (b)(ii), and (c). postponed gain.
● Net short-term capital gain or loss, net
Depreciation and Amortization. Use Part
● Gain eligible for section 1045 rollover I of Form 4562 to figure your allowable
long-term capital gain or loss, and the (replacement stock not purchased by the section 179 expense deduction from all
28% rate gain or loss from Schedule D partnership). The partnership should also sources. Report the amount on line 12 of
(Form 1065) that is not portfolio income. give you the name of the corporation that Form 4562 allocable to a passive activity
An example is gain or loss from the issued the stock, your share of the from the partnership using the Instructions
disposition of nondepreciable personal partnership's adjusted basis and sales for Form 8582. However, if the box in Item
property used in a trade or business price of the stock, and the dates the stock H is checked, report this amount following
activity of the partnership. Report total was bought and sold. Corporate partners the rules for Publicly traded
net short-term gain or loss on Schedule are not eligible for the section 1045 partnerships on page 4. If the amount is
D (Form 1040), line 5; total net long-term rollover. To qualify for the section 1045 not a passive activity deduction, report it
capital gain or loss on Schedule D (Form rollover: on Schedule E (Form 1040), Part II,
1040), line 12, column (f); and the 28% column (j).
rate gain or loss on Schedule D (Form 1. You must have held an interest in
1040), line 12, column (g). the partnership during the entire period in
which the partnership held the qualified Line 10—Deductions Related to
● Any net gain or loss from section 1256 Portfolio Income
small business stock (more than 6 months
contracts. Report this amount on line 1 of prior to the sale),
Form 6781, Gains and Losses From Amounts entered on this line are
Section 1256 Contracts and Straddles. 2. Your distributive share of the gain deductions that are clearly and directly
eligible for the section 1045 rollover allocable to portfolio income (other than
● Gain from the sale or exchange of
cannot exceed the amount that would investment interest expense and section
qualified small business stock (as defined have been allocated to you based on your 212 expenses from a REMIC). Generally,
in the instructions for Schedule D) that is interest in the partnership at the time the you should enter line 10 amounts on
eligible for the 50% section 1202 stock was acquired, and Schedule A (Form 1040), line 22. See the
exclusion. The partnership should also Instructions for Schedule A, lines 22 and
give you the name of the corporation that 3. You must purchase other qualified
small business stock (as defined in the 27, for more information. However, enter
issued the stock, your share of the deductions allocable to royalties on
partnership's adjusted basis and sales Instructions for Schedule D (Form 1040))
during the 60-day period that began on Schedule E (Form 1040), line 18. For the
price of the stock, and the dates the stock type of expense, write “From Schedule
was bought and sold. Corporate partners the date the stock was sold by the
partnership. K-1 (Form 1065).”

Instructions for Schedule K-1 Page 7


These deductions are not taken into the left of line 39, write "CCF" and the Investment Credit, to figure your allowable
account in figuring your passive activity amount of the deduction. credit.
loss for the year. Do not enter them on The partnership should give you a
Form 8582. description and the amount of your share Line 12c—Credits (Other Than
for each of these items. Credits Shown on Lines 12a and
Line 11—Other Deductions 12b) Related to Rental Real Estate
Amounts on this line are deductions not Credits Activities
included on lines 8, 9, 10, 17f, and 18b, The partnership will identify the type of
such as: If you have credits that are passive
activity credits to you, you must complete credit and any other information you need
● Itemized deductions (Form 1040 filers to compute credits from rental real estate
enter on Schedule A (Form 1040)). Form 8582-CR (or Form 8810 for
corporations) in addition to the credit activities (other than the low-income
Note: If there was a gain (loss) from a forms identified below. See the housing credit and qualified rehabilitation
casualty or theft to property not used in a Instructions for Form 8582-CR (or Form expenditures).
trade or business or for income-producing 8810) for more information.
purposes, the partnership will notify you. Line 12d—Credits Related to Other
You will have to complete your own Form Also, if you are entitled to claim more Rental Activities
4684. than one listed general business credit
(investment credit, work opportunity The partnership will identify the type of
● Any penalty on early withdrawal of credit and any other information you need
credit, welfare-to-work credit, credit for
savings. alcohol used as fuel, research credit, to compute credits from rental activities
● Soil and water conservation
low-income housing credit, enhanced oil other than rental real estate activities.
expenditures. See section 175 for recovery credit, disabled access credit,
limitations on the amount you are allowed renewable electricity production credit,
Line 13—Other Credits
to deduct. Indian employment credit, credit for The partnership will identify the type of
● Expenditures for the removal of employer social security and Medicare credit and any other information you need
architectural and transportation barriers to taxes paid on certain employee tips, to compute credits other than on lines 12a
the elderly and disabled that the orphan drug credit, and credit for through 12d. Expenditures qualifying for
partnership elected to treat as a current contributions to selected community the (a) rehabilitation credit from other than
expense. The deductions are limited by development corporations), you must rental real estate activities, (b) energy
section 190(c) to $15,000 per year from complete Form 3800, General Business credit, or (c) reforestation credit will be
all sources. Credit, in addition to the credit forms reported to you on line 25.
● Any amounts paid during the tax year identified below. If you have more than Credits that may be reported on line
for insurance that constitutes medical one credit, see the Instructions for Form 12c, 12d, or 13 (depending on the type
care for you, your spouse, and your 3800. of activity they relate to) include the
dependents. On line 28 of Form 1040, you following:
may be allowed to deduct up to 60% of Line 12a—Low-Income Housing ● Credit for backup withholding on
such amounts, even if you do not itemize Credit dividends, interest income, and other
deductions. If you do itemize deductions, Your share of the partnership's types of income. Include the amount the
enter on line 1 of Schedule A (Form 1040) low-income housing credit is shown on partnership reports to you in the total that
any amounts not deducted on line 28 of line 12a. Any allowable credit is entered you enter on Form 1040, line 58.
Form 1040. on Form 8586, Low-Income Housing ● Nonconventional source fuel credit.
● Payments made on your behalf to an Credit. ● Qualified electric vehicle credit (Form
IRA, qualified plan, simplified employee The partnership will report separately 8834).
pension (SEP), or a SIMPLE IRA plan. on line 12a(1) that portion of the ● Unused credits from cooperatives.
See Form 1040 instructions for line 23 to low-income housing credit for property ● Work opportunity credit (Form 5884).
figure your IRA deduction. Enter placed in service before 1990 to which ● Welfare-to-work credit (Form 8861).
payments made to a qualified plan, SEP, section 42(j)(5) applies. All other
or SIMPLE IRA plan on Form 1040, line ● Credit for alcohol used as fuel (Form
low-income housing credits for property
29. If the payments to a qualified plan placed in service before 1990 will be 6478).
were to a defined benefit plan, the reported on line 12a(2). Line 12a(3) will ● Credit for increasing research activities
partnership should give you a statement report the low-income housing credit for (Form 6765).
showing the amount of the benefit property placed in service after 1989 to ● Enhanced oil recovery credit (Form
accrued for the current tax year. which section 42(j)(5) applies. All other 8830).
● Interest expense allocated to low-income housing credits for property ● Disabled access credit (Form 8826).
debt-financed distributions. The manner placed in service after 1989 will be ● Renewable electricity production credit
in which you report such interest expense reported on line 12a(4). (Form 8835).
depends on your use of the distributed Keep a separate record of the amount ● Empowerment zone employment credit
debt proceeds. See Notice 89-35, 1989-1 of low-income housing credit from each (Form 8844).
C.B. 675, for details. of these sources so that you will be able ● Indian employment credit (Form 8845).
● Interest paid or accrued on debt to correctly compute any recapture of
● Credit for employer social security and
properly allocable to your share of a low-income housing credit that may result
working interest in any oil or gas property from the disposition of all or part of your Medicare taxes paid on certain employee
(if your liability is not limited). If you did partnership interest. For more information, tips (Form 8846).
not materially participate in the oil or gas see the Instructions for Form 8586. ● Orphan drug credit (Form 8820).

activity, this interest is investment interest ● Credit for contributions to selected


reportable as described below; otherwise, Line 12b—Qualified Rehabilitation community development corporations
it is trade or business interest. Expenditures Related to Rental (Form 8847).
● Contributions to a capital construction Real Estate Activities ● General credits from an electing large
fund (CCF). The deduction for a CCF The partnership should identify your share partnership. Report these credits on Form
investment is not taken on Schedule E of the partnership's rehabilitation 3800, line 1o.
(Form 1040). Instead, you subtract the expenditures from each rental real estate
deduction from the amount that would activity. Enter the expenditures on the Investment Interest
normally be entered as taxable income appropriate line of Form 3468,
on line 39 (Form 1040). In the margin to If the partnership paid or accrued interest
on debts properly allocable to investment
Page 8 Instructions for Schedule K-1
property, the amount of interest you are Line 15b—Gross Farming or Other
allowed to deduct may be limited. Fishing Income
For more information and the special If you are an individual partner, enter the Lines 18a and 18b—Section
provisions that apply to investment amount from this line, as an item of 59(e)(2) Expenditures
interest expense, see Form 4952, information, on Schedule E (Form 1040),
Investment Interest Expense Deduction, The partnership will show on line 18a the
Part V, line 41. Also use this amount to type of qualified expenditures to which an
and Pub. 550, Investment Income and figure net earnings from self-employment
Expenses. election under section 59(e) may apply. It
under the farm optional method on will identify the amount of the expenditure
Line 14a—Interest Expense on Schedule SE (Form 1040), Section B, on line 18b. If there is more than one type
Investment Debts Part II. of expenditure, the amount of each type
Line 15c—Gross Nonfarm Income will be listed on an attachment.
Enter this amount on Form 4952, line 1,
along with your investment interest Generally, section 59(e) allows each
If you are an individual partner, use this partner to elect to deduct certain
expense from Schedule K-1, line 11, if amount to figure net earnings from
any, and from other sources to figure how expenses ratably over the number of
self-employment under the nonfarm years in the applicable period rather than
much of your total investment interest is optional method on Schedule SE (Form
deductible. deduct the full amount in the current year.
1040), Section B, Part II. Under the election, you may deduct
Lines 14b(1) and circulation expenditures ratably over a
14b(2)—Investment Income and Adjustments and Tax 3-year period. Research and experimental
Investment Expenses Preference Items expenditures and mining exploration and
development costs qualify for a writeoff
Use the amounts on these lines to figure Use the information reported on lines 16a period of 10 years. Intangible drilling and
the amounts to enter in Part II of Form through 16e (as well as your adjustments development costs may be deducted over
4952. and tax preference items from other a 60-month period, beginning with the
Caution: The amounts shown on lines sources) to prepare your Form 6251, month in which such costs were paid or
14b(1) and 14b(2) include only investment Alternative Minimum Tax—Individuals; incurred.
income and expenses included on lines Form 4626, Alternative Minimum Tax— If you make this election, these items
4a, 4b, 4c, 4f, and 10 of this Schedule Corporations; or Schedule I of Form are not treated as adjustments or tax
K-1. The partnership should attach a 1041, U.S. Income Tax Return for preference items for purposes of the
schedule that shows the amount of any Estates and Trusts. alternative minimum tax. Make the
investment income and expenses Note: A partner that is a corporation election on Form 4562.
included on any other lines of this subject to alternative minimum tax must Because each partner decides whether
Schedule K-1. Be sure to take these notify the partnership of its status. to make the election under section 59(e),
amounts into account, along with the the partnership cannot provide you with
amounts on lines 14b(1) and 14b(2) and Lines 16d(1) and 16d(2)—Gross
Income From, and Deductions the amount of the adjustment or tax
your investment income and expenses preference item related to the expenses
from other sources, when figuring the Allocable to, Oil, Gas, and listed on line 18b. You must decide both
amounts to enter in Part II of Form 4952. Geothermal Properties how to claim the expenses on your return
The amounts reported on these lines and compute the resulting adjustment or
Self-Employment include only the gross income from, and tax preference item.
If you and your spouse are both partners, deductions allocable to, oil, gas, and
each of you must complete and file your geothermal properties that are included Line 19—Tax-Exempt Interest
own Schedule SE (Form 1040), on line 1 of Schedule K-1. The partnership Income
Self-Employment Tax, to report your should have attached a schedule that You must report on your return, as an
partnership net earnings (loss) from shows any income from or deductions item of information, your share of the
self-employment. allocable to such properties that are tax-exempt interest received or accrued
included on lines 2 through 11 and line by the partnership during the year.
Line 15a—Net Earnings (Loss) 25 of Schedule K-1. Use the amounts Individual partners must include this
From Self-Employment reported on lines 16d(1) and 16d(2) and amount on Form 1040, line 8b. Increase
If you are a general partner, reduce this the amounts on the attached schedule to the adjusted basis of your interest in the
amount before entering it on Schedule SE help you figure the net amount to enter partnership by this amount.
(Form 1040) by any section 179 expense on line 14e of Form 6251 (line 4t of
deduction claimed, unreimbursed Schedule I, Form 1041; line 2o of Form Line 20—Other Tax-Exempt
partnership expenses claimed, and 4626). Income
depletion claimed on oil and gas Line 16e—Other Adjustments and Increase the adjusted basis of your
properties. Do not reduce net earnings Tax Preference Items interest in the partnership by the amount
from self-employment by any separately shown on line 20, but do not include it in
stated deduction for health insurance Enter the information on the schedule income on your tax return.
expenses. attached by the partnership for line 16e
If the amount on this line is a loss, enter on the applicable lines of Form 6251, Line 21—Nondeductible Expenses
only the deductible amount on Schedule Form 4626, or Schedule I of Form 1041. The nondeductible expenses paid or
SE (Form 1040). See Limitations on incurred by the partnership are not
Losses, Deductions, and Credits Foreign Taxes deductible on your tax return. Decrease
beginning on page 2. Use the information on lines 17a through the adjusted basis of your interest in the
If your partnership is an options dealer 17g and attached schedules to figure your partnership by this amount.
or a commodities dealer, see section foreign tax credit. For more information,
1402(i). Line 22—Distributions of Money
see Form 1116, Foreign Tax Credit
If your partnership is an investment (Individual, Estate, Trust, or Nonresident (Cash and Marketable Securities)
club, see Rev. Rul. 75-525, 1975-2 C.B. Alien Individual), and its instructions; Line 22 shows the distributions the
350. Form 1118, Foreign Tax partnership made to you of cash and
Credit—Corporations, and its instructions; certain marketable securities. The
and Pub. 514, Foreign Tax Credit for marketable securities are included at their
Individuals.
Instructions for Schedule K-1 Page 9
fair market value (FMV) on the date of basis and FMV of each property 535 for how to figure your depletion
distribution (minus your share of the distributed. Decrease the adjusted basis deduction.
partnership's gain on the securities of your interest in the partnership by the 4. Recapture of the section 179
distributed to you). If the amount shown amount of your basis in the distributed expense deduction. If the recapture was
on line 22 exceeds the adjusted basis of property. Your basis in the distributed caused by a disposition of the property,
your partnership interest immediately property (other than in liquidation of your include the amount on Form 4797, line 17.
before the distribution, the excess is interest) is the smaller of: The recapture amount is limited to the
treated as gain from the sale or exchange ● The partnership's adjusted basis amount you deducted in earlier years.
of your partnership interest. Generally, immediately before the distribution or 5. Recapture of certain mining
this gain is treated as gain from the sale ● The adjusted basis of your partnership exploration expenditures (section 617).
of a capital asset and should be reported interest reduced by any cash distributed 6. Any information or statements you
on the Schedule D for your return. in the same transaction. need to comply with section 6111
However, the gain may be ordinary If you received the property in (regarding tax shelters) or section
income. For details, see Pub. 541. liquidation of your interest, your basis in 6662(d)(2)(B)(ii) (regarding adequate
The partnership will separately identify the distributed property is equal to the disclosure of items that may cause an
both of the following: adjusted basis of your partnership interest understatement of income tax on your
● The FMV of the marketable securities reduced by any cash distributed in the return).
when distributed (minus your share of the same transaction. 7. Preproductive period farm
gain on the securities distributed to you). If you contributed appreciated property expenses. You may be eligible to elect to
● The partnership's adjusted basis of to the partnership within 5 years of a deduct these expenses currently or
those securities immediately before the distribution of other property to you, and capitalize them under section 263A. See
distribution. the FMV of the other property exceeded Pub. 225, Farmer's Tax Guide, and
Decrease the adjusted basis of your the adjusted basis of your partnership Regulations section 1.263A-4.
interest in the partnership (but not below interest immediately before the 8. Any information you need to figure
zero) by the amount of cash distributed to distribution (reduced by any cash the interest due under section 453(l)(3)
you and the partnership's adjusted basis received in the distribution), you may have with respect to the disposition of certain
of the distributed securities. Advances or to recognize gain on the appreciated timeshares and residential lots on the
drawings of money or property against property. For property contributed after installment method. If you are an
your distributive share are treated as June 8, 1997, the 5-year period is individual, report the interest on Form
current distributions made on the last day generally extended to 7 years. See 1040, line 57. Write “453(l)(3)” and the
of the partnership's tax year. section 737 for details. amount of the interest on the dotted line
Your basis in the distributed marketable to the left of line 57.
securities (other than in liquidation of your Lines 24a and 24b—Recapture of
9. Any information you need to figure
interest) is the smaller of: Low-Income Housing Credit the interest due under section 453A(c)
● The partnership's adjusted basis in the A section 42(j)(5) partnership will report with respect to certain installment sales.
securities immediately before the recapture of a low-income housing credit If you are an individual, report the interest
distribution increased by any gain on line 24a. All other partnerships will on Form 1040, line 57. Write “453A(c)”
recognized on the distribution of the report recapture of a low-income housing and the amount of the interest on the
securities or credit on line 24b. Keep a separate record dotted line to the left of line 57.
● The adjusted basis of your partnership of recapture from each of these sources 10. Any information you need to figure
interest reduced by any cash distributed so that you will be able to correctly the interest due or to be refunded under
in the same transaction and increased by compute any recapture of low-income the look-back method of section 460(b)(2)
any gain recognized on the distribution of housing credit that may result from the on certain long-term contracts. Use Form
the securities. disposition of all or part of your 8697, Interest Computation Under the
If you received the securities in partnership interest. For more information, Look-Back Method for Completed
liquidation of your partnership interest, see Form 8611, Recapture of Long-Term Contracts, to report any such
your basis in the marketable securities is Low-Income Housing Credit. interest.
equal to the adjusted basis of your 11. Any information you need relating
partnership interest reduced by any cash Supplemental Information to interest expense that you are required
distributed in the same transaction and to capitalize under section 263A for
increased by any gain recognized on the Line 25 production expenditures. See Regulations
distribution of the securities. Amounts shown on line 25 include: sections 1.263A-8 through 1.263A-15 for
If, within 5 years of a distribution to you 1. Taxes paid on undistributed capital more information.
of marketable securities, you contributed gains by a regulated investment company 12. Any information you need to figure
appreciated property (other than those or real estate investment trust. Form 1040 unrelated business taxable income under
securities) to the partnership and the FMV filers enter your share of these taxes on section 512(a)(1) (but excluding any
of those securities exceeded the adjusted line 64, check the box for Form 2439, and modifications required by paragraphs (8)
basis of your partnership interest add the words “Form 1065.” through (15) of section 512(b)) for a
immediately before the distribution 2. Number of gallons of each fuel sold partner that is a tax-exempt organization.
(reduced by any cash received in the or used during the tax year for a Reminder: A partner is required to notify
distribution), you may have to recognize nontaxable use qualifying for the credit for the partnership of its tax-exempt status.
gain on the appreciated property. For taxes paid on fuels, type of use, and the 13. Your share of expenditures
property contributed after June 8, 1997, applicable credit per gallon. Use this qualifying for the (a) rehabilitation credit
the 5-year period is generally extended to information to complete Form 4136, from other than rental real estate
7 years. See section 737 for details. Credit for Federal Tax Paid on Fuels. activities, (b) energy credit, or (c)
Line 23—Distributions of Property 3. Your share of gross income from reforestation credit. Enter the
the property, share of production for the expenditures on the appropriate line of
Other Than Money Form 3468 to figure your allowable credit.
tax year, etc., needed to figure your
Line 23 shows the partnership's adjusted depletion deduction for oil and gas wells. 14. Any information you need to figure
basis of property other than money The partnership should also allocate to your recapture tax on Form 4255,
immediately before the property was you a share of the adjusted basis of each Recapture of Investment Credit. See the
distributed to you. In addition, the partnership oil or gas property. See Pub. Form 3468 on which you took the original
partnership should report the adjusted

Page 10 Instructions for Schedule K-1


credit for other information you need to 18. Unrecaptured section 1250 gain. 21. Amortizable basis of reforestation
complete Form 4255. Generally, report this amount on line 5 of expenses and the year paid or incurred.
You may also need Form 4255 if you the Unrecaptured Section 1250 Gain To figure your allowable amortization,
disposed of more than one-third of your Worksheet in the Schedule D (Form including limits that may apply, see
interest in a partnership. 1040) instructions. However, for an section 194 and Pub. 535. Follow the
15. Any information you need to figure amount passed through from an estate, Instructions for Form 8582 to report
your recapture of the qualified electric trust, real estate investment trust, or amortization allocable to a passive
vehicle credit. See Pub. 535 for details, regulated investment company, report it activity. However, if the box in item H is
including how to figure the recapture. on line 11 of that worksheet. Report on checked, report the amortization following
16. Any information you need to figure line 10 of that worksheet any gain from the rules for Publicly traded
your recapture of the Indian employment the partnership's sale or exchange of an partnerships on page 4. Report
credit. Generally, if the partnership interest in another partnership that is amortization from a trade or business
terminated a qualified employee less than attributable to unrecaptured section 1250 activity in which you materially
1 year after the date of initial employment, gain. participated on a separate line in Part II,
any Indian employment credit allowed for 19. Any information you need to figure column (i), of Schedule E (Form 1040).
a prior tax year by reason of wages paid the interest due or to be refunded under 22. Any information you need to figure
or incurred to that employee must be the look-back method of section 167(g)(2) the interest due under section 1260(b). If
recaptured. For details, see section for certain property placed in service after the partnership had gain from certain
45A(d). September 13, 1995, and depreciated constructive ownership transactions, your
17. Nonqualified withdrawals by the under the income forecast method. Use tax liability must be increased by the
partnership from a CCF. These Form 8866, Interest Computation Under interest charge on any deferral of gain
withdrawals are taxed separately from the Look-Back Method for Property recognition under section 1260(b). Report
your other gross income at the highest Depreciated Under the Income Forecast the interest on Form 1040, line 57. Write
marginal ordinary income or capital gain Method, to report any such interest. “1260(b)” and the amount of the interest
tax rate. Attach a statement to your 20. Any information a publicly traded on the dotted line to the left of line 57. See
Federal income tax return to show your partnership needs to determine whether section 1260(b) for details, including how
computation of both the tax and interest it meets the 90% qualifying income test to figure the interest.
for a nonqualified withdrawal. Include the of section 7704(c)(2). 23. Any other information you may
tax and interest on Form 1040, line 57. Reminder: A partner is required to notify need to file your return not shown
To the left of line 57, write the amount of the partnership of its status as a publicly elsewhere on Schedule K-1.
tax and interest and "CCF." traded partnership. The partnership should give you a
description and the amount of your share
for each of these items.

Instructions for Schedule K-1 Page 11

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