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Department of the Treasury

Internal Revenue Service

Shareholder’s Instructions for


Schedule K-1 (Form 1120S)
Shareholder’s Share of Income, Credits, Deductions, etc.
(For Shareholder’s Use Only)
Section references are to the Internal Revenue Code unless otherwise noted.

General Instructions basis of your stock in the corporation.


Schedule K-1 provides information to
election applies to the year for which it
is made and all future tax years for that
help you make the computation at the S corporation, unless the IRS agrees to
Purpose of Schedule K-1 end of each corporate tax year. The revoke your election.
The corporation uses Schedule K-1 basis of your stock (generally, its cost) is The basis of each share of stock is
(Form 1120S) to report your pro rata adjusted as follows and, except as increased or decreased (but not below
share of the corporation’s income noted, in the order listed. These rules zero) based on its pro rata share of the
(reduced by any tax the corporation paid generally apply for tax years of the above adjustments. If the total
on the income), credits, deductions, etc. S corporation beginning after 1993. For decreases in basis attributable to a
Please keep it for your records. Do prior tax years, basis must be share exceed that share’s basis, the
not file it with your tax return. The determined in a reasonable manner. excess reduces (but not below zero) the
corporation has filed a copy with the Return positions consistent with these remaining bases of all other shares of
IRS. rules are reasonable. In addition, basis stock in proportion to the remaining
Although the corporation may have to may be adjusted under other provisions basis of each of those shares.
pay a capital gains tax (or built-in gains of the Internal Revenue Code.
tax) and an excess net passive income 1. Basis is increased by (a) all income Inconsistent Treatment of
tax, you, the shareholder, are liable for (including tax-exempt income) reported
income tax on your share of the on Schedule K-1 and (b) the excess of Items
corporation’s income, whether or not the deduction for depletion (other than Generally, you must report subchapter S
distributed, and you must include your oil and gas depletion) over the basis of items shown on your Schedule K-1 (and
share on your tax return if a return is the property subject to depletion. any attached schedules) the same way
required. Your distributive share of S Note: You must report the taxable that the corporation treated the items on
corporation income is not income on your retur n (if you are its return. This rule does not apply if
self-employment income and it is not required to file a retur n) for it to increase your corporation is within the small S
subject to self-employment tax. your basis. corporation exception and does not
You should use these instructions to 2. Basis is decreased by (a) elect to have the tax treatment of
help you report the items shown on nondeductible expenses and (b) the subchapter S items determined at the
Schedule K-1 on your tax return. depletion deduction for any oil and gas corporate level.
Where (attach schedule) appears next property held by the corporation, but If the treatment on your original or
to a line on Schedule K-1, it means the only to the extent your pro rata share of amended return is inconsistent with the
information for these lines (if applicable) the property’s adjusted basis exceeds corporation’s treatment, or if the
will be shown in the “Supplemental that deduction. corporation has not filed a return, you
Information” space below line 23 of 3. Basis is decreased by all deductible must file Form 8082, Notice of
Schedule K-1. If additional space was losses and deductions reported on Inconsistent Treatment or Amended
needed, the corporation will have Schedule K-1. Return (Administrative Adjustment
attached a statement to Schedule K-1 to Request (AAR)), with your original or
4. Basis is decreased by property amended return to identify and explain
show the information for the line item. distributions (including cash) made by any inconsistency (or to note that a
The notation “(see Instructions for the corporation (excluding dividend corporate return has not been filed).
Schedule K-1)” in items A and C at the distributions reported on Form 1099-DIV
top of Schedule K-1 is directed to the and distributions in excess of basis) If you are required to file Form 8082
corporation. You, as a shareholder, reported on Schedule K-1, line 20. but fail to do so, you may be subject to
should disregard these notations. the accuracy-related penalty. This
You may elect to decrease your basis penalty is in addition to any tax that
Schedule K-1 does not show the under 3 above prior to decreasing your results from making your amount or
amount of actual dividend distributions basis under 2 above. If you make this treatment of the item consistent with
the corporation made to you. The election, any amount described under 2 that shown on the corporation’s return.
corporation must report to you such that exceeds the basis of your stock and Any deficiency that results from making
amounts totaling $10 or more for the debt owed to you by the corporation is the amounts consistent may be
calendar year on Form 1099-DIV, treated as an amount described under 2 assessed immediately.
Dividends and Distributions. You report for the following tax year. To make the
actual dividend distributions on Form election, attach a statement to your
1040, line 9. timely-filed original or amended return Errors
that states you agree to the carryover If you believe the corporation has made
Basis of Your Stock rule of Regulations section 1.1367-1(f) an error on your Schedule K-1, notify the
and the name of the S corporation to corporation and ask for a corrected
You are responsible for maintaining
which the rule applies. Once made, the Schedule K-1. Do not change any items
records to show the computation of the
Cat. No. 11521O
on your copy. Be sure that the Limitations on Losses, as defined in section 465(b)(6)); (b)
corporation sends a copy of the protected against loss by a guarantee,
corrected Schedule K-1 to the IRS. If Deductions, and Credits stop-loss agreement, or other similar
your corporation does not meet the Aggregate Losses and Deductions arrangement; or (c) that is covered by
small S corporation exception, and you Limited to Basis of Stock and indebtedness from a person who has an
are unable to reach agreement with the interest in such activity or from a related
corporation regarding the inconsistency, Debt person to a person (except you) having
you must file Form 8082. Generally, the deduction for your share such an interest, other than a creditor.
of aggregate losses and deductions Any loss from a section 465 activity
International Boycotts reported on Schedule K-1 is limited to not allowed for this tax year will be
the basis of your stock and debt owed treated as a deduction allocable to the
Every corporation that had operations in, to you by the corporation. The basis of activity in the next tax year.
or related to, a boycotting country, your stock is figured at year end. See
company, or national of a country, must To help you complete Form 6198, the
Basis of Your Stock on page 1. The
file Form 5713, International Boycott corporation should specify on an
basis of loans to the corporation is the
Report. attachment to Schedule K-1 your share
balance the corporation now owes you,
of the total pre-1976 losses from a
If the corporation cooperated with an less any reduction for losses in a prior
section 465(c)(1) activity (i.e., films or
international boycott, it must give you a year. See the instructions for line 21.
video tapes, and leasing section 1245,
copy of its Form 5713. You must file Any loss not allowed for the tax year
farm, or oil and gas property) for which
your own Form 5713 to report the because of this limitation is available for
there existed a corresponding amount of
activities of the corporation and any indefinite carryover, limited to the basis
nonrecourse liability at the end of the
other boycott operations that you may of your stock and debt, in each
year in which the losses occurred. Also,
have. You may lose certain tax benefits subsequent tax year. See section
you should get a separate statement of
if the corporation participated in, or 1366(d) for details.
income, expenses, etc., for each activity
cooperated with, an international
At-Risk Limitations from the corporation.
boycott. See Form 5713 and the
instructions for more information. Generally, if you have: Passive Activity Limitations
1. A loss or other deduction from any Section 469 provides rules that limit the
Elections activity carried on by the corporation as deduction of certain losses and credits.
Generally, the corporation decides how a trade or business or for the production The rules apply to shareholders who—
to figure taxable income from its of income, and
● Are individuals, estates, or trusts, and
operations. For example, it chooses the 2. Amounts in the activity for which
● Have a passive activity loss or credit
accounting method and depreciation you are not at risk,
for the year.
methods it will use. you will have to complete Form 6198,
Generally, passive activities include:
However, certain elections are made At-Risk Limitations, to figure your
by you separately on your income tax allowable loss. 1. Trade or business activities in which
return and not by the corporation. These you did not materially participate, and
The at-risk rules generally limit the
elections are made under: amount of loss (including loss on the 2. Activities that meet the definition of
● Section 59(e) (deduction of certain disposition of assets) and other rental activities under Temporary
qualified expenditures ratably over the deductions (such as the section 179 Regulations section 1.469-1T(e)(3) and
period of time specified in that section— expense deduction) that you can claim Regulations section 1.469-1(e)(3).
see the instructions for lines 16a and to the amount you could actually lose in Passive activities do not include:
16b); the activity. However, if you acquired 1. Trade or business activities in which
● Section 617 (deduction and recapture your stock before 1987, the at-risk rules you materially participated.
of certain mining exploration do not apply to losses from an activity of 2. Rental real estate activities in which
expenditures); and holding real property placed in service you materially participated if you were a
● Section 901 (foreign tax credit). before 1987 by the corporation. The “real estate professional” for the tax
activity of holding mineral property does year. You were a real estate professional
not qualify for this exception. only if you met both of the following
Additional Information Generally, you are not at risk for conditions:
For more information on the treatment of amounts such as the following: a. More than half of the personal
S corporation income, credits, ● The basis of your stock in the services you performed in trades or
deductions, etc., get Pub. 589, Tax corporation or basis of your loans to the businesses were performed in real
Information on S Corporations; Pub. corporation if the cash or other property property trades or businesses in which
535, Business Expenses; Pub. 550, used to purchase the stock or make the you materially participated, and
Investment Income and Expenses; and loans was from a source (a) covered by
Pub. 925, Passive Activity and At-Risk b. You performed more than 750
nonrecourse indebtedness (except for hours of services in real property trades
Rules. certain qualified nonrecourse financing, or businesses in which you materially
These and other publications as defined in section 465(b)(6)); (b) participated.
referenced throughout these instructions protected against loss by a guarantee,
may be obtained at most IRS offices. To stop-loss agreement, or other similar For purposes of this rule, each interest
order publications and forms, call our arrangement; or (c) that is covered by in rental real estate is a separate activity,
toll-free number, 1-800-TAX-FORM indebtedness from a person who has an unless you elect to treat all interests in
(1-800-829-3676). interest in the activity or from a related rental real estate as one activity.
person to a person (except you) having If you are married filing jointly, either
such an interest, other than a creditor. you or your spouse must separately
● Any cash or property contributed to a meet both of the above conditions,
corporate activity, or your interest in the without taking into account services
corporate activity, that is (a) covered by performed by the other spouse.
nonrecourse indebtedness (except for A real property trade or business is
certain qualified nonrecourse financing, any real property development,

Page 2
redevelopment, construction, 2. Your participation in the activity for b. Preparing or compiling summaries
reconstruction, acquisition, conversion, the tax year constituted substantially all or analyses of the finances or operations
rental, operation, management, leasing, of the participation in the activity of all of the activity; and
or brokerage trade or business. Services individuals (including individuals who are c. Monitoring the finances or
you performed as an employee are not not owners of interests in the activity). operations of the activity in a
treated as performed in a real property 3. You participated in the activity for nonmanagerial capacity.
trade or business unless you owned more than 100 hours during the tax year, Effect of determination.—If you
more than 5% of the stock (or more and your participation in the activity for determine that you materially
than 5% of the capital or profits interest) the tax year was not less than the participated in (a) a trade or business
in the employer. participation in the activity of any other activity of the corporation, or (b) if you
3. The rental of a dwelling unit any individual (including individuals who were were a real estate professional (defined
shareholder used for personal purposes not owners of interests in the activity) for on page 2), in a rental real estate activity
during the year for more than the greater the tax year. of the corporation, report the income
of 14 days or 10% of the number of 4. The activity was a significant (loss), deductions, and credits from that
days that the residence was rented at participation activity for the tax year, and activity as indicated in either column (c)
fair rental value. your aggregate participation in all of Schedule K-1 or the instructions for
4. Activities of trading personal significant participation activities your tax return.
property for the account of owners of (including those outside the corporation) If you determine that you did not
interests in the activities. during the tax year exceeded 500 hours. materially participate in a trade or
5. Qualifying low-income housing A significant participation activity is any business activity of the corporation, or
activities. trade or business activity in which you you have income (loss), deductions, or
participated for more than 100 hours credits from a rental activity of the
The corporation will identify separately
during the year and in which you did not corporation (other than a rental real
each activity that may be passive to
materially participate under any of the estate activity in which you materially
you. If the corporation had more than
material participation tests (other than participated, if you were a real estate
one activity, it will report information in
this test 4). professional), the amounts from that
the line 23 Supplemental Information
space, or attach a statement if more 5. You materially participated in the activity are passive. Report passive
space is needed, that (a) identifies each activity for any 5 tax years (whether or income (losses), deductions, and credits
activity (trade or business activity, rental not consecutive) during the 10 tax years as follows:
real estate activity, rental activity other that immediately precede the tax year. 1. If you have an overall gain (the
than rental real estate, etc.); (b) specifies 6. The activity was a personal service excess of income over deductions and
the income (loss), deductions, and activity and you materially participated in losses, including any prior year
credits from each activity; and (c) the activity for any 3 tax years (whether unallowed loss) from a passive activity,
provides other details you may need to or not consecutive) preceding the tax report the income, deductions, and
determine if an activity loss or credit is year. An activity is a personal service losses from the activity as indicated on
subject to the passive activity limitations. activity if it involves the performance of Schedule K-1 or in these instructions.
If you determine that you have a personal services in the fields of health, 2. If you have an overall loss (the
passive activity loss or credit, get Form law, engineering, architecture, excess of deductions and losses,
8582, Passive Activity Loss Limitations, accounting, actuarial science, including any prior year unallowed loss,
to figure your allowable passive losses, performing arts, consulting, or any other over income) or credits from a passive
and Form 8582-CR, Passive Activity trade or business, in which capital is not activity, you must report the income,
Credit Limitations, to figure your a material income-producing factor. deductions, losses, and credits from all
allowable passive credit. See the 7. Based on all of the facts and passive activities following the
instructions for these forms for more circumstances, you participated in the Instructions for Form 8582 or Form
information. activity on a regular, continuous, and 8582-CR, to see if your deductions,
Material participation.—You must substantial basis during the tax year. losses, and credits are limited under the
determine if you materially participated Work counted toward material passive activity rules.
(a) in each trade or business activity participation.—Generally, any work that Active participation in a rental real
held through the corporation and (b), if you or your spouse does in connection estate activity.—If you actively
you were a real estate professional with an activity held through an S participated in a rental real estate
(defined on page 2), in each rental real corporation (in which you own stock at activity, you may be able to deduct up
estate activity held through the the time the work is done) is counted to $25,000 of the loss from the activity
corporation. All determinations of toward material participation. However, from nonpassive income. This special
material participation are made with work in connection with an activity is not allowance is an exception to the general
respect to your participation during the counted toward material participation if rule disallowing losses in excess of
corporation’s tax year. either of the following applies: income from passive activities. The
Material participation standards for 1. The work is not the sort of work special allowance is not available if you
shareholders who are individuals are that owners of the activity would usually were married, file a separate return for
listed below. Special rules apply to do and one of the principal purposes of the year, and did not live apart from your
certain retired or disabled farmers and to the work that you or your spouse does spouse at all times during the year.
the surviving spouses of farmers. See is to avoid the passive loss or credit Only individuals and qualifying estates
the Instructions for Form 8582 for limitations. can actively participate in a rental real
details. 2. You do the work in your capacity as estate activity. Estates (other than
Individuals.—If you are an individual, an investor and you are not directly qualifying estates) and trusts cannot
you are considered to materially involved in the day-to-day operations of actively participate.
participate in a trade or business activity the activity. Examples of work done as You are not considered to actively
only if one or more of the following an investor that would not count toward participate in a rental real estate activity
apply: material participation include: if, at any time during the tax year, your
1. You participated in the activity for a. Studying and reviewing financial interest (including your spouse’s interest)
more than 500 hours during the tax year. statements or reports on operations of in the activity was less than 10% (by
the activity; value) of all interests in the activity.
Page 3
Active participation is a less stringent all amounts relating to it on Schedule 4 are discussed throughout these
requirement than material participation. K-1 or on an attachment. instructions and in other referenced
You may be treated as actively If you have net income subject to forms and instructions.
participating if you participated, for recharacterization under Temporary If you are an individual, and your pro
example, in making management Regulations section 1.469-2T(f) and rata share items are not affected by any
decisions or arranging for others to Regulations section 1.469-2(f), report of the limitations, report the amounts
provide services (such as repairs) in a such amounts according to the shown in column (b) of Schedule K-1 as
significant and bona fide sense. Instructions for Form 8582. indicated in column (c). If any of the
Management decisions that can count If you have net income (loss), limitations apply, adjust the column (b)
as active participation include approving deductions, or credits from any of the amounts for the limitations before you
new tenants, deciding on rental terms, following activities, treat such amounts enter the amounts on your return. When
approving capital or repair expenditures, as nonpassive and report them as applicable, the passive activity
and other similar decisions. instructed in column (c) of Schedule K-1 limitations on losses are applied after
An estate is a qualifying estate if the or in these instructions: the limitations on losses for a
decedent would have satisfied the active 1. The rental of a dwelling unit any shareholder’s basis in stock and debt
participation requirement for the activity shareholder used for personal purposes and the shareholder’s at-risk amount.
for the year the decedent died. A during the year for more than the greater Note: The line number references in
qualifying estate is treated as actively of 14 days or 10% of the number of column (c) are to for ms in use for tax
participating for tax years ending less days that the residence was rented at years beginning in 1994. If you are a
than 2 years after the date of the fair rental value. calendar year shareholder in a fiscal year
decedent’s death. 2. Trading personal property for the 1994–95 corporation, enter these
The maximum special allowance that account of owners of interests in the amounts on the corresponding lines of
single individuals and married individuals activity. the tax for m in use for 1995.
filing a joint return can qualify for is 3. Qualified low-income housing Caution: If you have losses, deductions,
$25,000. The maximum is $12,500 for projects. credits, etc., from a pr ior year that were
married individuals who file separate not deductible or usable because of
returns and who lived apart at all times certain limitations, such as the basis
during the year. The maximum special Specific Instructions rules or the at-r isk limitations, take them
allowance for which an estate can into account in deter mining your income,
qualify is $25,000 reduced by the special Item C loss, etc., for this year. However, except
allowance for which the surviving for passive activity losses and credits, do
spouse qualifies. If the corporation is a registration- not combine the pr ior-year amounts with
required tax shelter or has invested in a any amounts shown on this Schedule
If your modified adjusted gross
registration-required tax shelter, it should K-1 to get a net figure to report on your
income (defined below) is $100,000 or
have completed Item C. If you claim or retur n. Instead, report the amounts on
less ($50,000 or less if married filing
report any income, loss, deduction, or your retur n on a year-by-year basis.
separately), your loss is deductible up to
credit from a tax shelter, you are
the amount of the maximum special
required to attach Form 8271, Investor
allowance referred to in the preceding
Reporting of Tax Shelter Registration Income (Loss)
paragraph. If your modified adjusted
Number, to your tax return. If the Line 1—Ordinary Income (Loss)
gross income is more than $100,000
corporation has invested in a tax shelter, From Trade or Business Activities
(more than $50,000 if married filing
it is required to give you a copy of its
separately), the special allowance is The amount reported on line 1 is your
Form 8271 with your Schedule K-1. Use
limited to 50% of the difference between share of the ordinary income (loss) from
the information on this Form 8271 to
$150,000 ($75,000 if married filing trade or business activities of the
complete your Form 8271.
separately) and your modified adjusted corporation. Generally, where you report
gross income. When modified adjusted If the corporation itself is a
registration-required tax shelter, use the this amount on Form 1040 depends on
gross income is $150,000 or more whether the amount is from an activity
($75,000 or more if married filing information on Schedule K-1 (name of
corporation, corporation identifying that is a passive activity to you. If you
separately), there is no special are an individual shareholder, find your
allowance. number, and tax shelter registration
number) to complete your Form 8271. situation below and report your line 1
Modified adjusted gross income is income (loss) as instructed after applying
your adjusted gross income figured the basis and at-risk limitations on
without taking into account any passive Lines 1 Through 23 losses:
activity loss, rental real estate losses The amounts on lines 1 through 23 show 1. Report line 1 income (loss) from
allowed under section 469(c)(7) to real your pro rata share of ordinary income, trade or business activities in which you
estate professionals (as defined on page loss, deductions, credits, and other materially participated on Schedule E
2), any taxable social security or information from all corporate activities. (Form 1040), Part II, column (i) or (k).
equivalent railroad retirement benefits, These amounts do not take into account
any deductible contributions to an IRA 2. Report line 1 income (loss) from
limitations on losses, credits, or other trade or business activities in which you
or certain other qualified retirement items that may have to be adjusted
plans under section 219, the deduction did not materially participate, as follows:
because of:
allowed under section 164(f) for one-half a. If income is reported on line 1,
1. The adjusted basis of your stock report the income on Schedule E, Part II,
of self-employment taxes, or the and debt in the corporation,
exclusion from income of interest from column (h).
Series EE U.S. Savings Bonds used to 2. The at-risk limitations, b. If a loss is reported on line 1, follow
pay higher education expenses. 3. The passive activity limitations, or the Instructions for Form 8582 to
Special rules for certain other 4. Any other limitations that must be determine how much of the loss can be
activities.—If you have net income taken into account at the shareholder reported on Schedule E, Part II, column
(loss), deductions, or credits from any level in figuring taxable income (e.g., the (g).
activity to which special rules apply, the section 179 expense limitation).
corporation will identify the activity and The limitations of 1, 2, and 3 are
discussed above, and the limitations for
Page 4
Line 2—Net Income (Loss) From Line 3—Net Income (Loss) From do not have to complete the information
Rental Real Estate Activities Other Rental Activities called for in columns (b) through (f),
Form 4797. Write “From Schedule K-1
Generally, the income (loss) reported on The amount on line 3 is a passive (Form 1120S)” across these columns.
line 2 is a passive activity amount for all activity amount for all shareholders.
shareholders. However, the income (loss) Report the income or loss as follows: ● If gain from a passive activity is
on line 2 is not from a passive activity if reported on line 5, report the gain on line
1. If line 3 is a loss, report the loss 2, column (h) of Form 4797.
(a) you were a real estate professional following the Instructions for Form 8582.
(defined on page 2) and you materially ● If a loss from a passive activity is
2. If income is reported on line 3, reported on line 5, see Passive loss
participated in the activity, or (b) you report the income on Schedule E (Form
held an interest in the activity as a limitations in the Instructions for Form
1040), Part II, column (h). 4797. You will need to report the loss
qualified investor in a qualified
low-income housing project. The Line 4—Portfolio Income (Loss) following the Instructions for Form 8582
corporation should have attached a to determine how much of the loss is
schedule identifying any amounts you Portfolio income or loss is not subject to allowed on Form 4797.
held as a qualified investor in a qualified the passive activity limitations. Portfolio
low-income housing project. income includes income not derived in Line 6—Other Income (Loss)
the ordinary course of a trade or Amounts on this line are other items of
If you are filing a 1994 Form 1040, use business from interest, dividends,
the following instructions to determine income, gain, or loss not included on
annuities, or royalties, and gain or loss lines 1 through 5. The corporation
where to enter a line 2 amount: on the sale of property that produces should give you a description and the
1. If you have a loss from a passive these types of income or is held for amount of your share for each of these
activity on line 2 and you meet all of the investment. items.
following conditions, enter the loss on Column (c) of Schedule K-1 tells
Schedule E (Form 1040), Part II, column Report loss items that are passive
shareholders where to report this income activity amounts to you following the
(g): on Form 1040 and related schedules. Instructions for Form 8582.
a. You actively participated in the Line 4f of Schedule K-1 is used to report
corporate rental real estate activities. income other than that reported on lines Report income or gain items that are
(See Active participation in a rental 4a through 4e. The type and the amount passive activity amounts to you as
real estate activity on page 3.) of income reported on line 4f will be instructed below.
b. Rental real estate activities with listed in the line 23 Supplemental The instructions below tell you where
active participation were your only Information space of Schedule K-1. An to report line 6 items if such items are
passive activities. example of the type of income that is not passive activity amounts.
c. You have no prior year unallowed reported on line 4f is income from a real Line 6 items include the following:
losses from these activities. estate mortgage investment conduit ● Income from recoveries of tax benefit
(REMIC) in which the corporation is a items. A tax benefit item is an amount
d. Your total loss from the rental real
residual interest holder. Report your you deducted in a prior tax year that
estate activities was not more than
share of any REMIC income on reduced your income tax. Report this
$25,000 (not more than $12,500 if
Schedule E (Form 1040), Part IV. amount on Form 1040, line 21, to the
married filing separately and you lived
apart from your spouse all year). extent it reduced your tax.
Line 5—Net Gain (Loss) Under
e. If you are a married person filing Section 1231 (Other Than Due to ● Gambling gains and losses.
separately, you lived apart from your Casualty or Theft) 1. If the corporation was not engaged
spouse all year. in the trade or business of gambling:
Section 1231 gain or loss is reported on
f. You have no current or prior year a. Report gambling winnings on Form
line 5. The corporation will identify in the
unallowed credits from a passive activity. 1040, line 21.
line 23 Supplemental Information space
g. Your modified adjusted gross the activity to which the section 1231 b. Deduct gambling losses to the
income was not more than $100,000 gain (loss) relates. extent of winnings on Schedule A, line
(not more than $50,000 if married filing 28.
If the amount on line 5 is from a rental
separately and you lived apart from your 2. If the corporation was engaged in
activity, the section 1231 gain (loss) is
spouse all year). the trade or business of gambling:
generally a passive activity amount.
2. If you have a loss from a passive Likewise, if the amount relates to a trade a. Report gambling winnings in Part II
activity on line 2 and you do not meet or business activity and you did not of Schedule E.
all of the conditions in 1 above, follow materially participate in the activity, the b. Deduct gambling losses to the
the Instructions for Form 8582 to section 1231 gain (loss) is a passive extent of winnings in Part II of Schedule
determine how much of the loss can be activity amount. E.
reported on Schedule E (Form 1040),
However, an amount on line 6 from a ● Net gain (loss) from involuntary
Part II, column (g).
rental real estate activity is not from a conversions due to casualty or theft. The
3. If (a) you were a real estate passive activity if (a) you were a real corporation will give you a schedule that
professional and you materially estate professional (defined on page 2) shows the amounts to be reported on
participated in the activity, or (b) you and you materially participated in the Form 4684, Casualties and Thefts, line
held an interest in the activity as a activity, or (b) you held an interest in the 34, columns (b)(i), (b)(ii), and (c).
qualified investor in a qualified activity as a qualified investor in a
low-income housing project, report line 2 ● Net short-term capital gain or loss and
qualified low-income housing project. net long-term capital gain or loss from
income (loss) on Schedule E, Part II, The corporation should have attached a
column (i) or (k). Schedule D (Form 1120S) that is not
schedule identifying any amounts you portfolio income (e.g., gain or loss from
4. If you have income from a passive held as a qualified investor in a qualified the disposition of nondepreciable
activity on line 2, enter the income on low-income housing project. personal property used in a trade or
Schedule E, Part II, column (h). ● If the amount is not from a passive business activity of the corporation).
activity, report it on line 2, column (g) or Report a net short-term capital gain or
(h), whichever is applicable, of Form loss on Schedule D (Form 1040), line 5,
4797, Sales of Business Property. You column (f) or (g), and a net long-term
Page 5
capital gain or loss on Schedule D (Form These deductions are not taken into much of your total investment interest is
1040), line 13, column (f) or (g). account in figuring your passive activity deductible.
● Any net gain or loss from section 1256 loss for the year. Do not enter them on
contracts. Report this amount on line 1 Form 8582. Lines 11b(1) and (2)—Investment
of Form 6781, Gains and Losses From Income and Investment Expenses
Section 1256 Contracts and Straddles.
Line 10—Other Deductions
Use the amounts on these lines to
Amounts on this line are other determine the amounts to enter in Part II
Deductions deductions not included on lines 7, 8, 9, of Form 4952.
15e, and 16a, such as: Caution: The amounts shown on lines
Line 7—Charitable Contributions ● Itemized deductions that Form 1040 11b(1) and 11b(2) include only
The corporation will give you a schedule filers enter on Schedule A (Form 1040). investment income and expenses
that shows the amount of contributions Note: If there was a gain (loss) from a reported on lines 4a, 4b, 4c, 4f, and 9 of
subject to the 50%, 30%, and 20% casualty or theft to property not used in this Schedule K-1. If applicable, the
limitations. For more details, see the a trade or business or for income- corporation will have listed in the line 23
Form 1040 instructions. producing purposes, you will be notified Supplemental Infor mation space any
If property other than cash is by the corporation. You will have to other items of investment income and
contributed, and the claimed deduction complete your own For m 4684. expenses reported elsewhere on this
for one item or group of similar items of ● Any penalty on early withdrawal of Schedule K-1. Be sure to take these
property exceeds $5,000, the savings. amounts into account, along with the
amounts on lines 11b(1) and 11b(2) and
corporation is required to give you a ● Soil and water conservation your investment income and expenses
copy of Form 8283, Noncash Charitable expenditures. See section 175 for
Contributions, and you must attach it to from other sources, when figuring the
limitations on the amount you are amounts to enter in Part II of Form
your tax return. Do not deduct the allowed to deduct.
amount shown on Form 8283. It is the 4952.
● Expenditures for the removal of
corporation’s contribution. You should architectural and transportation barriers
deduct the amount shown on line 7, to the elderly and disabled that the
Credits
Schedule K-1. corporation elected to treat as a current Caution: If you have credits that are
If the corporation provides you with expense. The deductions are limited by passive activity credits to you, you must
information that the contribution was section 190(c) to $15,000 per year from complete For m 8582-CR in addition to
property other than cash and does not all sources. the credit for ms named below. See the
give you a Form 8283, see the ● Interest expense allocated to Instructions for For m 8582-CR for more
Instructions for Form 8283 for filing debt-financed distributions. The manner infor mation.
requirements. A Form 8283 does not in which you report such interest Also, if you are entitled to claim more
have to be filed unless the total claimed expense depends on your use of the than one general business credit (i.e.,
deduction of all contributed items of distributed debt proceeds. See Notice investment credit, jobs credit, credit for
property exceeds $500. 89-35, 1989-1 C.B. 675, for details. alcohol used as fuel, research credit,
Charitable contribution deductions are If the corporation has more than one low-income housing credit, enhanced oil
not taken into account in figuring your corporate activity (line 1, 2, or 3 of recovery credit, disabled access credit,
passive activity loss for the year. Do not Schedule K-1), it will identify the activity renewable electr icity production credit,
enter them on Form 8582. to which the expenses relate. Indian employment credit, credit for
employer social secur ity and Medicare
Line 8—Section 179 Expense The corporation should also give you taxes paid on certain employee tips, and
Deduction a description and your share of each of credit for contr ibutions to selected
the expense items. Associate any community development corporations),
Use this amount, along with the total passive activity deduction included on
cost of section 179 property placed in you must complete Form 3800, General
line 10 with the line 1, 2, or 3 activity to Business Credit, in addition to the credit
service during the year from other which it relates and report the deduction
sources, to complete Part I of Form for ms named below. If you have more
following the Instructions for Form 8582 than one credit, see the instructions for
4562, Depreciation and Amortization. (or only on Schedule E (Form 1040), if
Part I of Form 4562 is used to figure For m 3800 for more infor mation.
applicable).
your allowable section 179 expense
deduction from all sources. Report the Line 12a—Credit for Alcohol Used
amount on line 12 of Form 4562 Investment Interest as Fuel
allocable to a passive activity from the If the corporation paid or accrued Your share of the corporation’s credit for
corporation following the Instructions for interest on debts properly allocable to alcohol used as fuel from all trade or
Form 8582. If the amount is not a investment property, the amount of business activities is reported on line
passive activity deduction, report it on interest you are allowed to deduct may 12a. Enter this credit on Form 6478,
Schedule E (Form 1040), Part II, be limited. Credit for Alcohol Used as Fuel, to
column (j). For more information on the special determine your allowed credit for the
provisions that apply to investment year.
Line 9—Deductions Related to
interest expense, get Form 4952,
Portfolio Income (Loss) Investment Interest Expense Deduction, Line 12b—Low-Income Housing
Amounts on line 9 are deductions that and Pub. 550, Investment Income and Credit
are clearly and directly allocable to Expenses. Your share of the corporation’s
portfolio income reported on lines 4a low-income housing credit is shown on
through 4f (other than investment Line 11a—Interest Expense on lines 12b(1) through (4). Your allowable
interest expense and section 212 Investment Debts credit is entered on Form 8586,
expenses from a REMIC). Generally, you Enter this amount on Form 4952, line 1, Low-Income Housing Credit, to
should enter line 9 amounts on along with investment interest expense determine your allowed credit for the
Schedule A (Form 1040), line 22. See from Schedule K-1, line 10, if any, and year.
the instructions for Schedule A, lines 22 from other sources to determine how If the corporation invested in a
and 28, for more information. partnership to which the provisions of
Page 6
section 42(j)(5) apply, it will report rental real estate activities, (b) energy you determine the net amount to enter
separately on lines 12b(1) and 12b(3) credit, or (c) reforestation credit will be on line 14f of Form 6251.
your share of the credit it received from reported to you on line 23.
the partnership. Line 13 credits include the following:
Line 14e—Other Adjustments and
Your share of all other low-income Tax Preference Items
● Nonconventional source fuel credit.
housing credits of the corporation is Enter this credit on a schedule you Enter the line 14e adjustments and tax
reported on lines 12b(2) and 12b(4). You prepare yourself to determine the preference items shown in the line 23
must keep a separate record of the allowed credit to take on your tax return. Supplemental Information space, with
amount of low-income housing credit See section 29 for rules on how to figure other items from other sources, on the
from these lines so that you will be able the credit. applicable lines of Form 6251.
to correctly compute any recapture of ● Unused investment credit from
the credit that may result from the cooperatives. Enter this credit on Form Foreign Taxes
disposition of all or part of your stock in 3468 to figure your allowable investment
the corporation. For more information, Use the information on lines 15a through
credit. 15g, and attached schedules, to figure
see the instructions for Form 8611,
Recapture of Low-Income Housing ● Credit for backup withholding on your foreign tax credit. For more
Credit. dividends, interest income, and other information, get Form 1116, Foreign Tax
types of income. Include the amount the Credit—Individual, Estate, Trust, or
Caution: You cannot claim the corporation reports to you in the total
low-income housing credit on any Nonresident Alien Individual, and its
that you enter on line 54, page 2, Form instructions.
qualified low-income housing project if 1040. Be sure to check the box on line
you, or any person, were allowed relief 54 and write “From Schedule K-1.”
from the passive activity limitations on Other
losses from the project (section 502 of ● Credit for increasing research activities
the Tax Refor m Act of 1986). and orphan drug credit (Form 6765). Lines 16a and 16b
● Jobs credit (Form 5884). The corporation will show on line 16a
Line 12c—Qualified Rehabilitation ● Disabled access credit (Form 8826). the total qualified expenditures to which
Expenditures Related to Rental ● Enhanced oil recovery credit (Form an election under section 59(e) may
Real Estate Activities 8830). apply. It will identify the type of
expenditures on line 16b. If there is
The corporation should identify your ● Qualified electric vehicle credit (Form more than one type of expenditure, the
share of rehabilitation expenditures from 8834). amount of each type will be listed on an
each rental real estate activity. Enter the ● Renewable electricity production credit attachment. Generally, section 59(e)
expenditures on the appropriate line of (Form 8835). allows each shareholder to elect to
Form 3468, Investment Credit, to figure
your allowable credit. ● Empowerment zone employment deduct certain expenses ratably over the
credit (Form 8844). number of years in the applicable period
Line 12d—Credits (Other Than ● Indian employment credit (Form 8845). rather than deduct the full amount in the
Credits Shown on Lines 12b and current year. Under the election, you
● Credit for employer social security and may deduct circulation expenditures
12c) Related to Rental Real Estate Medicare taxes paid on certain ratably over a 3-year period. Research
Activities employee tips (Form 8846). and experimental expenditures and
The corporation will identify the type of ● Credit for contributions to selected mining exploration and development
credit and any other information you community development corporations costs qualify for a writeoff period of 10
need to compute credits from rental real (Form 8847). years. Intangible drilling and
estate activities (other than the development costs may be deducted
low-income housing credit and qualified Adjustments and Tax over a 60-month period, beginning with
rehabilitation expenditures). Preference Items the month in which such costs were
paid or incurred. If you make this
Line 12e—Credits Related to Other Use the information reported on lines election, these items are not treated as
Rental Activities 14a through 14e (as well as adjustments adjustments or tax preference items for
and tax preference items from other purposes of the alternative minimum tax.
If applicable, your share of any credit
sources) to prepare your Form 6251, Make the election on Form 4562.
from other rental activities will be
Alternative Minimum Tax—Individuals, or Because each shareholder decides
reported on line 12e. Income or loss
Schedule H of Form 1041, U.S. Income whether to make the election under
from these activities is reported on line 3
Tax Return for Estates and Trusts. section 59(e), the corporation cannot
of Schedule K-1. If more than one credit
is involved, the credits will be listed Lines 14d(1) and 14d(2)—Gross provide you with the amount of the
separately, each credit identified as a adjustment or tax preference item
Income From, and Deductions
line 12e credit, and the activity to which related to the expenses listed on line
the credit relates will be identified. This
Allocable to, Oil, Gas, and 16a. You must decide both how to claim
information will be shown on the line 23 Geothermal Properties the expenses on your return and how to
Supplemental Information space. The The amounts reported on these lines compute the resulting adjustment or tax
credit may be limited by the passive include only the gross income from, and preference item.
activity limitations. deductions allocable to, oil, gas, and
geothermal properties included on line 1 Line 17—Tax-Exempt Interest
Line 13—Other Credits of Schedule K-1. The corporation should Income
lf applicable, your pro rata share of any have reported separately any income You must report on your return, as an
other credit (other than on lines 12a from or deductions allocable to such item of information, your share of the
through 12e) will be shown on line 13. If properties that are included on lines 2 tax-exempt interest received or accrued
more than one credit is reported, the through 10. This separate information is by the corporation during the year.
credits will be shown and identified in reported in the line 23 Supplemental Individual shareholders should include
the line 23 Supplemental Information Information space. Use the amounts this amount on Form 1040, line 8b.
space. Expenditures qualifying for the reported on lines 14d(1) and 14d(2) and Generally, you must increase the basis
(a) rehabilitation credit from other than any amounts reported separately to help
Page 7
of your stock in the corporation by this company. (Form 1040 filers, enter your for Form 6252, Installment Sale Income,
amount. share of these taxes on line 59 of Form for more information. Also see section
1040, check the box for Form 2439, and 453A(c) for details on making the
Line 18—Other Tax-Exempt add the words “Form 1120S.” Also computation.
Income reduce the basis of your stock in the 9. Capitalization of interest under
Generally, you must increase the basis corporation by this tax.) section 263A(f). To the extent certain
of your stock in the corporation by the 2. Gross income from the property, production or construction expenditures
amount shown on line 18, but do not share of production for the tax year, etc., of the corporation are made from
include it in income on your tax return. needed to figure your depletion proceeds associated with debt you incur
deduction for oil and gas wells. The as an owner-shareholder, you must
Line 19—Nondeductible Expenses corporation should also allocate to you a capitalize the interest on this debt. If
The nondeductible expenses paid or proportionate share of the adjusted applicable, use the information on
incurred by the corporation are not basis of each corporate oil or gas expenditures the corporation gives to
deductible on your tax return. Generally, property. See Pub. 535 for how to figure you to determine the amount of interest
you must decrease the basis of your your depletion deduction. Also, reduce you must capitalize. See Section XII of
stock in the corporation by this amount. the basis of your stock in the Notice 88-99, 1988-2 C.B. 422, for more
corporation by the amount of this information.
Line 20 deduction to the extent the deduction 10. Any information you need to
Reduce the basis of your stock in the does not exceed your share of the compute the interest due or to be
corporation by the distributions on line adjusted basis of the property. refunded under the look-back method of
20. If these distributions exceed the 3. Recapture of the section 179 section 460(b)(2) on certain long-term
basis of your stock, the excess is expense deduction. If the recapture was contracts. Use Form 8697, Interest
treated as gain from the sale or caused by a disposition of the property, Computation Under the Look-Back
exchange of property and is reported on include the amount on Form 4797, Method for Completed Long-Term
Schedule D (Form 1040). line 18. The recapture amount is limited Contracts, to report any such interest.
to the amount you deducted in earlier 11. Your share of expenditures
Line 21 years. qualifying for the (a) rehabilitation credit
If the line 21 payments are made on 4. Recapture of certain mining from other than rental real estate
indebtedness with a reduced basis, the exploration expenditures (section 617). activities, (b) energy credit, or
repayments result in income to you to 5. Any information or statements you (c) reforestation credit. Enter the
the extent the repayments are more than need to comply with section 6111 expenditures on the appropriate line of
the adjusted basis of the loan. See (registration of tax shelters) or Form 3468 to figure your allowable
Regulations section 1.1367-2 for 6662(d)(2)(B)(ii) (regarding adequate credit.
information on reduction in basis of a disclosure of items that may cause an 12. Investment credit properties
loan and restoration in basis of a loan understatement of income tax). subject to recapture. Any information
with a reduced basis. See Rev. Rul. 6. Gross farming and fishing income. you need to figure your recapture tax on
64-162, 1964-1 (Part 1) C.B. 304 and If you are an individual shareholder, Form 4255, Recapture of Investment
Rev. Rul. 68-537, 1968-2 C.B. 372, for enter this income, as an item of Credit. See the Form 3468 on which you
other information. information, on Schedule E (Form 1040), took the original credit for other
Part V, line 41. Do not report this income information you need to complete Form
Lines 22a and 22b—Recapture of 4255.
elsewhere on Form 1040.
Low-Income Housing Credit You may also need Form 4255 if you
For a shareholder that is an estate or
The corporation will report separately on trust, report this income to the disposed of more than one-third of your
line 22a your share of any recapture of a beneficiaries, as an item of information, stock in the corporation.
low-income housing credit from its on Schedule K-1 (Form 1041). Do not 13. Preproductive period farm
investment in partnerships to which the report it elsewhere on Form 1041. expenses. You may elect to deduct
provisions of section 42(j)(5) apply. All 7. Any information you need to figure these expenses currently or capitalize
other recapture of low-income housing the interest due under section 453(l)(3). If them under section 263A. See Pub. 225,
credits will be reported on line 22b. You the corporation elected to report the Farmer’s Tax Guide, and Temporary
must keep a separate record of dispositions of certain timeshares and Regulations section 1.263A-4T(c) for
recapture from line 22a and 22b so that residential lots on the installment more information.
you will be able to correctly figure any method, your tax liability must be 14. Any information you need to figure
credit recapture that may result from the increased by the interest on tax recapture of the qualified electric vehicle
disposition of all or part of your attributable to your pro rata share of the credit. See Pub 535 for details, including
corporate stock. Use the line 22a and installment payments received by the how to figure the recapture.
22b amounts to compute the corporation during its tax year. If
low-income housing credit recapture on 15. Any information you need to figure
applicable, use the information provided your recapture of the Indian employment
Form 8611. See the instructions for by the corporation to figure your interest.
Form 8611 and section 42(j) for credit. Generally, if the corporation
Include the interest on Form 1040, line terminated a qualified employee less
additional information. 53. Also write “453(l)(3)” and the amount than 1 year after the date of initial
of the interest on the dotted line to the employment, any Indian employment
Supplemental Information left of line 53. credit allowed for a prior tax year by
Line 23 8. Any information you need to reason of wages paid or incurred to that
compute the interest due under section employee must be recaptured. For
If applicable, the corporation should 453A(c) with respect to certain details, see section 45A(d).
have listed in line 23, Supplemental installment sales of property. If you are 16. Any other information you may
Information, or on an attached an individual, report the interest on Form need to file with your individual tax
statement to Schedule K-1, your 1040, line 53. Write “453A(c)” and the return that is not shown elsewhere on
distributive share of the following: amount of the interest on the dotted line Schedule K-1.
1. Taxes paid on undistributed capital to the left of line 53. See the instructions
gains by a regulated investment
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