Shareholder's Instructions For Schedule K-1 (Form 1120S)

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 8

2000 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. The basis of each share of stock is
Schedule K-1 provides information to help increased or decreased (but not below
Purpose of Schedule K-1 you make the computation at the end of zero) based on its pro rata share of the
each corporate tax year. The basis of your above adjustments. If the total decreases
The corporation uses Schedule K-1 (Form stock (generally, its cost) is adjusted as in basis attributable to a share exceed
1120S) to report your pro rata share of the follows and, except as noted, in the order that share's basis, the excess reduces
corporation's income (reduced by any tax listed. In addition, basis may be adjusted (but not below zero) the remaining bases
the corporation paid on the income), under other provisions of the Internal of all other shares of stock in proportion
credits, deductions, etc. Please keep it Revenue Code. to the remaining basis of each of those
for your records. Do not file it with 1. Basis is increased by (a) all income shares.
your tax return. The corporation has filed (including tax-exempt income) reported
a copy with the IRS. on Schedule K-1 and (b) the excess of the Inconsistent Treatment of Items
Although the corporation may have to deduction for depletion (other than oil and Generally, you must report subchapter S
pay a capital gains tax (or built-in gains gas depletion) over the basis of the items shown on your Schedule K-1 (and
tax) and an excess net passive income property subject to depletion. any attached schedules) the same way
tax, you, the shareholder, are liable for Note: You must report the taxable that the corporation treated the items on
income tax on your share of the income on your return (if you are required its return.
corporation's income, whether or not to file a return) for it to increase your If the treatment on your original or
distributed, and you must include your basis. amended return is inconsistent with the
share on your tax return if a return is corporation's treatment, or if the
2. Basis is decreased by property
required. Your distributive share of S corporation has not filed a return, you
distributions (including cash) made by the
corporation income is not must file Form 8082, Notice of
corporation (excluding dividend
self-employment income and it is not Inconsistent Treatment or Administrative
distributions reported on Form 1099-DIV
subject to self-employment tax. Adjustment Request (AAR), with your
and distributions in excess of basis)
You should use these instructions to reported on Schedule K-1, line 20. original or amended return to identify and
help you report the items shown on explain any inconsistency (or to note that
3. Basis is decreased by (a)
Schedule K-1 on your tax return. a corporate return has not been filed).
nondeductible expenses and (b) the
Where “(attach schedule)” appears next depletion deduction for any oil and gas If you are required to file Form 8082,
to a line on Schedule K-1, it means the property held by the corporation, but only but fail to do so, you may be subject to the
information for these lines (if applicable) to the extent your pro rata share of the accuracy-related penalty. This penalty is
will be shown in the “Supplemental property's adjusted basis exceeds that in addition to any tax that results from
Information” space below line 23 of deduction. making your amount or treatment of the
Schedule K-1. If additional space was item consistent with that shown on the
4. Basis is decreased by all deductible
needed, the corporation will have corporation's return. Any deficiency that
losses and deductions reported on
attached a statement to Schedule K-1 to results from making the amounts
Schedule K-1.
show the information for the line item. consistent may be assessed immediately.
You may elect to decrease your basis
The notation “(see instructions for
under 4 above prior to decreasing your Errors
Schedule K-1)” in items A and C at the top
basis under 3 above. If you make this
of Schedule K-1 is directed to the If you believe the corporation has made
election, any amount described under 3
corporation. You, as a shareholder, an error on your Schedule K-1, notify the
that exceeds the basis of your stock and
should disregard these notations. corporation and ask for a corrected
debt owed to you by the corporation is
Schedule K-1 does not show the treated as an amount described under 3 Schedule K-1. Do not change any items
amount of actual dividend distributions for the following tax year. To make the on your copy. Be sure that the corporation
the corporation made to you. The election, attach a statement to your timely sends a copy of the corrected Schedule
corporation must report to you such filed original or amended return that states K-1 to the IRS. If you are unable to reach
amounts totaling $10 or more for the you agree to the carryover rule of agreement with the corporation regarding
calendar year on Form 1099-DIV, Regulations section 1.1367-1(f) and the the inconsistency, you must file Form
Dividends and Distributions. You report name of the S corporation to which the 8082.
actual dividend distributions on Form rule applies. Once made, the election
1040, line 9. International Boycotts
applies to the year for which it is made
and all future tax years for that S Every corporation that had operations in,
Basis of Your Stock or related to, a boycotting country,
corporation, unless the IRS agrees to
You are responsible for maintaining revoke your election. company, or national of a country, must
records to show the computation of the file Form 5713, International Boycott
Report.
Cat. No. 11521O
If the corporation cooperated with an The at-risk rules generally limit the Regulations section 1.469-1T(e)(3) and
international boycott, it must give you a amount of loss (including loss on the Regulations section 1.469-1(e)(3).
copy of its Form 5713. You must file your disposition of assets) and other Passive activities do not include:
own Form 5713 to report the activities of deductions (such as the section 179 1. Trade or business activities in
the corporation and any other boycott expense deduction) that you can claim to which you materially participated.
operations that you may have. You may the amount you could actually lose in the 2. Rental real estate activities in which
lose certain tax benefits if the corporation activity. However, if you acquired your you materially participated if you were a
participated in, or cooperated with, an stock before 1987, the at-risk rules do not “real estate professional” for the tax year.
international boycott. See Form 5713 and apply to losses from an activity of holding You were a real estate professional only
the instructions for more information. real property placed in service before if you met both of the following conditions:
1987 by the corporation. The activity of
Elections holding mineral property does not qualify a. More than half of the personal
for this exception. services you performed in trades or
Generally, the corporation decides how to businesses were performed in real
figure taxable income from its operations. Generally, you are not at risk for property trades or businesses in which
For example, it chooses the accounting amounts such as the following: you materially participated and
method and depreciation methods it will ● The basis of your stock in the
use. b. You performed more than 750
corporation or basis of your loans to the hours of services in real property trades
However, certain elections are made corporation if the cash or other property or businesses in which you materially
by you separately on your income tax used to purchase the stock or make the participated.
return and not by the corporation. These loans was from a source (a) covered by
elections are made under: nonrecourse indebtedness (except for For purposes of this rule, each interest
● Section 59(e) (deduction of certain certain qualified nonrecourse financing, in rental real estate is a separate activity,
as defined in section 465(b)(6)); (b) unless you elect to treat all interests in
qualified expenditures ratably over the rental real estate as one activity. For
period of time specified in that protected against loss by a guarantee,
stop-loss agreement, or other similar details on making this election, see the
section—see the instructions for lines 16a Instructions for Schedule E (Form 1040).
and 16b); arrangement; or (c) that is covered by
● Section 617 (deduction and recapture indebtedness from a person who has an If you are married filing jointly, either
interest in the activity or from a related you or your spouse must separately meet
of certain mining exploration both of the above conditions, without
expenditures); and person to a person (except you) having
such an interest, other than a creditor. taking into account services performed by
● Section 901 (foreign tax credit).
● Any cash or property contributed to a the other spouse.
Additional Information corporate activity, or your interest in the A real property trade or business is any
corporate activity, that is (a) covered by real property development,
For more information on the treatment of redevelopment, construction,
S corporation income, credits, deductions, nonrecourse indebtedness (except for
certain qualified nonrecourse financing, reconstruction, acquisition, conversion,
etc., see Pub. 535, Business Expenses; rental, operation, management, leasing,
Pub. 550, Investment Income and as defined in section 465(b)(6)); (b)
protected against loss by a guarantee, or brokerage trade or business. Services
Expenses; and Pub. 925, Passive Activity you performed as an employee are not
and At-Risk Rules. stop-loss agreement, or other similar
arrangement; or (c) that is covered by treated as performed in a real property
To get forms and publications, see the indebtedness from a person who has an trade or business unless you owned more
instructions for your tax return. interest in such activity or from a related than 5% of the stock (or more than 5%
person to a person (except you) having of the capital or profits interest) in the
Limitations on Losses, employer.
Deductions, and Credits such an interest, other than a creditor.
Any loss from a section 465 activity not 3. The rental of a dwelling unit any
Aggregate Losses and Deductions allowed for this tax year will be treated as shareholder used for personal purposes
Limited to Basis of Stock and Debt a deduction allocable to the activity in the during the year for more than the greater
next tax year. of 14 days or 10% of the number of days
Generally, the deduction for your share that the residence was rented at fair rental
of aggregate losses and deductions To help you complete Form 6198, the
corporation should specify on an value.
reported on Schedule K-1 is limited to the 4. Activities of trading personal
basis of your stock (determined with attachment to Schedule K-1 your share
of the total pre-1976 losses from a section property for the account of owners of
regard to distributions received during the interests in the activities.
tax year) and debt owed to you by the 465(c)(1) activity (i.e., films or video
corporation. The basis of your stock is tapes, and leasing section 1245, farm, or The corporation will identify separately
figured at year-end. See Basis of Your oil and gas property) for which there each activity that may be passive to you.
Stock on page 1. The basis of loans to existed a corresponding amount of If the corporation had more than one
the corporation is the balance the nonrecourse liability at the end of the year activity, it will report information in the line
corporation now owes you, less any in which the losses occurred. Also, you 23 Supplemental Information space, or
reduction for losses in a prior year. See should get a separate statement of attach a statement if more space is
the instructions for line 21. Any loss not income, expenses, etc., for each activity needed, that (a) identifies each activity
allowed for the tax year because of this from the corporation. (trade or business activity, rental real
limitation is available for indefinite estate activity, rental activity other than
Passive Activity Limitations rental real estate, etc.); (b) specifies the
carryover, limited to the basis of your
stock and debt, in each subsequent tax Section 469 provides rules that limit the income (loss), deductions, and credits
year. See section 1366(d) for details. deduction of certain losses and credits. from each activity; and (c) provides other
The rules apply to shareholders who— details you may need to determine if an
At-Risk Limitations ● Are individuals, estates, or trusts and activity loss or credit is subject to the
Generally, you will have to complete ● Have a passive activity loss or credit for passive activity limitations.
Form 6198, At-Risk Limitations, to figure the year. If you determine that you have a
your allowable loss, if you have: Generally, passive activities include: passive activity loss or credit, get Form
1. A loss or other deduction from any 8582, Passive Activity Loss Limitations, to
1. Trade or business activities in figure your allowable passive losses, and
activity carried on by the corporation as a which you did not materially participate
trade or business or for the production of Form 8582-CR, Passive Activity Credit
and Limitations, to figure your allowable
income, and 2. Activities that meet the definition of passive credit. See the instructions for
2. Amounts in the activity for which rental activities under Temporary these forms for more information.
you are not at risk.
Page 2 Instructions for Schedule K-1 (Form 1120S)
Material participation. You must time the work is done) is counted toward special allowance is not available if you
determine if you materially participated (a) material participation. However, work in were married, are filing a separate return
in each trade or business activity held connection with an activity is not counted for the year, and did not live apart from
through the corporation and (b), if you toward material participation if either of your spouse at all times during the year.
were a real estate professional (defined the following applies: Only individuals and qualifying estates
on page 2), in each rental real estate 1. The work is not the type of work can actively participate in a rental real
activity held through the corporation. All that owners of the activity would usually estate activity. Estates (other than
determinations of material do and one of the principal purposes of qualifying estates) and trusts cannot
participation are made based on your the work that you or your spouse does is actively participate.
participation during the corporation's to avoid the passive loss or credit You are not considered to actively
tax year. limitations. participate in a rental real estate activity
Material participation standards for 2. You do the work in your capacity if, at any time during the tax year, your
shareholders who are individuals are as an investor and you are not directly interest (including your spouse's interest)
listed below. Special rules apply to certain involved in the day-to-day operations of in the activity was less than 10% (by
retired or disabled farmers and to the the activity. Examples of work done as an value) of all interests in the activity.
surviving spouses of farmers. See the investor that would not count toward Active participation is a less stringent
Instructions for Form 8582 for details. material participation include: requirement than material participation.
Individuals. If you are an individual, a. Studying and reviewing financial You may be treated as actively
you are considered to materially statements or reports on operations of the participating if you participated, for
participate in a trade or business activity activity, example, in making management
only if one or more of the following apply: b. Preparing or compiling summaries decisions or arranging for others to
1. You participated in the activity for or analyses of the finances or operations provide services (such as repairs) in a
more than 500 hours during the tax year. of the activity, and significant and bona fide sense.
2. Your participation in the activity for c. Monitoring the finances or Management decisions that can count
the tax year constituted substantially all operations of the activity in a as active participation include approving
of the participation in the activity of all nonmanagerial capacity. new tenants, deciding on rental terms,
individuals (including individuals who are Effect of determination. If you approving capital or repair expenditures,
not owners of interests in the activity). determine that you (a) materially and other similar decisions.
3. You participated in the activity for participated in a trade or business activity An estate is a qualifying estate if the
more than 100 hours during the tax year, of the corporation or (b) were a real estate decedent would have satisfied the active
and your participation in the activity for the professional (defined on page 2), in a participation requirement for the activity
tax year was not less than the rental real estate activity of the for the tax year the decedent died. A
participation in the activity of any other corporation, report the income (loss), qualifying estate is treated as actively
individual (including individuals who were deductions, and credits from that activity participating for tax years ending less than
not owners of interests in the activity) for as indicated in either column (c) of 2 years after the date of the decedent's
the tax year. Schedule K-1 or the instructions for your death.
4. The activity was a significant tax return. The maximum special allowance that
participation activity for the tax year, and If you determine that you did not single individuals and married individuals
your aggregate participation in all materially participate in a trade or filing a joint return can qualify for is
significant participation activities business activity of the corporation, or you $25,000. The maximum is $12,500 for
(including those outside the corporation) have income (loss), deductions, or credits married individuals who file separate
during the tax year exceeded 500 hours. from a rental activity of the corporation returns and who lived apart at all times
A significant participation activity is (other than a rental real estate activity in during the year. The maximum special
any trade or business activity in which you which you materially participated, if you allowance for which an estate can qualify
participated for more than 100 hours were a real estate professional), the is $25,000 reduced by the special
during the year and in which you did not amounts from that activity are passive. allowance for which the surviving spouse
materially participate under any of the Report passive income (losses), qualifies.
material participation tests (other than this deductions, and credits as follows: If your modified adjusted gross income
test 4). 1. If you have an overall gain (the (defined below) is $100,000 or less
5. You materially participated in the excess of income over deductions and ($50,000 or less if married filing
activity for any 5 tax years (whether or not losses, including any prior year unallowed separately), your loss is deductible up to
consecutive) during the 10 tax years that loss) from a passive activity, report the the amount of the maximum special
immediately precede the tax year. income, deductions, and losses from the allowance referred to in the preceding
6. The activity was a personal service activity as indicated on Schedule K-1 or paragraph. If your modified adjusted
activity and you materially participated in in these instructions. gross income is more than $100,000
the activity for any 3 tax years (whether 2. If you have an overall loss (the (more than $50,000 if married filing
or not consecutive) preceding the tax excess of deductions and losses, separately), the special allowance is
year. A personal service activity including any prior year unallowed loss, limited to 50% of the difference between
involves the performance of personal over income) or credits from a passive $150,000 ($75,000 if married filing
services in the fields of health, law, activity, you must report the income, separately) and your modified adjusted
engineering, architecture, accounting, deductions, losses, and credits from all gross income. When modified adjusted
actuarial science, performing arts, passive activities using the Instructions for gross income is $150,000 or more
consulting, or any other trade or business, Form 8582 or Form 8582-CR, to see if ($75,000 or more if married filing
in which capital is not a material your deductions, losses, and credits are separately), there is no special allowance.
income-producing factor. limited under the passive activity rules. Modified adjusted gross income is
7. Based on all of the facts and Active participation in a rental real your adjusted gross income figured
circumstances, you participated in the estate activity. If you actively without taking into account:
activity on a regular, continuous, and ● Any passive activity loss.
participated in a rental real estate activity,
substantial basis during the tax year. you may be able to deduct up to $25,000 ● Any rental real estate loss allowed
Work counted toward material of the loss from the activity from under section 469(c)(7) to real estate
participation. Generally, any work that nonpassive income. This special professionals (as defined on page 2).
you or your spouse does in connection allowance is an exception to the general ● Any taxable social security or
with an activity held through an S rule disallowing losses in excess of equivalent railroad retirement benefits.
corporation (in which you own stock at the income from passive activities. The

Instructions for Schedule K-1 (Form 1120S) Page 3


● Any deductible contributions to an IRA limitations on losses, credits, or other a. If income is reported on line 1,
or certain other qualified retirement plans items that may have to be adjusted report the income on Schedule E, Part II,
under section 219. because of: column (h).
● The student loan interest deduction. 1. The adjusted basis of your stock b. If a loss is reported on line 1, follow
● The deduction allowed under section and debt in the corporation, the Instructions for Form 8582 to
164(f) for one-half of self-employment 2. The at-risk limitations, determine how much of the loss can be
taxes. 3. The passive activity limitations, or reported on Schedule E, Part II, column
● The exclusion from income of interest 4. Any other limitations that must be (g).
from Series EE or I U.S. Savings Bonds taken into account at the shareholder
used to pay higher education expenses. Line 2—Net Income (Loss) From Rental
level in figuring taxable income (e.g., the
● The exclusion of amounts received
Real Estate Activities
section 179 expense limitation).
under an employer's adoption assistance The limitations of 1, 2, and 3 are Generally, the income (loss) reported on
program. discussed above, and the limitations for line 2 is a passive activity amount for all
Special rules for certain other 4 are discussed throughout these shareholders. However, the income (loss)
activities. If you have net income (loss), instructions and in other referenced forms on line 2 is not from a passive activity if
deductions, or credits from any activity to and instructions. you were a real estate professional
which special rules apply, the corporation If you are an individual, and your pro (defined on page 2) and you materially
will identify the activity and all amounts rata share items are not affected by any participated in the activity.
relating to it on Schedule K-1 or on an of the limitations, report the amounts If you are filing a 2000 Form 1040, use
attachment. shown in column (b) of Schedule K-1 as the following instructions to determine
If you have net income subject to indicated in column (c). If any of the where to enter a line 2 amount:
recharacterization under Temporary limitations apply, adjust the column (b) 1. If you have a loss from a passive
Regulations section 1.469-2T(f) and amounts for the limitations before you activity on line 2 and you meet all of the
Regulations section 1.469-2(f), report enter the amounts on your return. When following conditions, enter the loss on
such amounts according to the applicable, the passive activity limitations Schedule E (Form 1040), Part II, column
Instructions for Form 8582. on losses are applied after the limitations (g):
If you have net income (loss), on losses for a shareholder's basis in a. You actively participated in the
deductions, or credits from either of the stock and debt and the shareholder's corporate rental real estate activities.
following activities, treat such amounts as at-risk amount. (See Active participation in a rental real
nonpassive and report them as instructed Note: The line number references in estate activity on page 3.)
in column (c) of Schedule K-1 or in these column (c) are to forms in use for tax b. Rental real estate activities with
instructions: years beginning in 2000. If you are a active participation were your only
1. The rental of a dwelling unit any calendar year shareholder in a fiscal year passive activities.
shareholder used for personal purposes 2000–2001 corporation, enter these c. You have no prior year unallowed
during the year for more than the greater amounts on the corresponding lines of the losses from these activities.
of 14 days or 10% of the number of days tax form in use for 2001. d. Your total loss from the rental real
that the residence was rented at fair rental If you have losses, deductions, estate activities was not more than
value. $25,000 (not more than $12,500 if married
2. Trading personal property for the
! credits, etc., from a prior year that
CAUTION were not deductible or usable filing separately and you lived apart from
account of owners of interests in the because of certain limitations, such as the your spouse all year).
activity. basis rules or the at-risk limitations, take e. If you are a married person filing
them into account in determining your separately, you lived apart from your
income, loss, etc., for this year. However, spouse all year.
Specific Instructions except for passive activity losses and f. You have no current or prior year
credits, do not combine the prior-year unallowed credits from a passive activity.
Item C amounts with any amounts shown on this g. Your modified adjusted gross
If the corporation is a registration-required Schedule K-1 to get a net figure to report income was not more than $100,000 (not
tax shelter or has invested in a on your return. Instead, report the more than $50,000 if married filing
registration-required tax shelter, it should amounts on your return on a year-by-year separately and you lived apart from your
have completed Item C. If you claim or basis. spouse all year).
report any income, loss, deduction, or Income (Loss) 2. If you have a loss from a passive
credit from a tax shelter, you are required activity on line 2 and you do not meet all
to attach Form 8271, Investor Reporting Line 1—Ordinary Income (Loss) From of the conditions in 1 above, follow the
of Tax Shelter Registration Number, to Trade or Business Activities Instructions for Form 8582 to determine
your tax return. If the corporation has how much of the loss can be reported on
invested in a tax shelter, it is required to The amount reported on line 1 is your Schedule E (Form 1040), Part II, column
give you a copy of its Form 8271 with your share of the ordinary income (loss) from (g).
Schedule K-1. Use this information to trade or business activities of the
corporation. Generally, where you report 3. If you were a real estate
complete your Form 8271. professional and you materially
this amount on Form 1040 depends on
If the corporation itself is a whether the amount is from an activity participated in the activity, report line 2
registration-required tax shelter, use the that is a passive activity to you. If you are income (loss) on Schedule E, Part II,
information on Schedule K-1 (name of an individual shareholder, find your column (i) or (k).
corporation, corporation identifying situation below and report your line 1 4. If you have income from a passive
number, and tax shelter registration income (loss) as instructed after applying activity on line 2, enter the income on
number) to complete your Form 8271. the basis and at-risk limitations on losses. Schedule E, Part II, column (h).
Lines 1 Through 23 1. Report line 1 income (loss) from Line 3—Net Income (Loss) From Other
trade or business activities in which you Rental Activities
The amounts on lines 1 through 23 show materially participated on Schedule E
your pro rata share of ordinary income, (Form 1040), Part II, column (i) or (k). The amount on line 3 is a passive activity
loss, deductions, credits, and other amount for all shareholders. Report the
information from all corporate activities. 2. Report line 1 income (loss) from income or loss as follows:
These amounts do not take into account trade or business activities in which you
did not materially participate, as follows: 1. If line 3 is a loss, report the loss
using the Instructions for Form 8582.

Page 4 Instructions for Schedule K-1 (Form 1120S)


2. If income is reported on line 3, 1 through 5. The corporation should give acquired the qualified small business
report the income on Schedule E (Form you a description and the amount of your stock and at all times thereafter until the
1040), Part II, column (h). share for each of these items. corporation disposed of the qualified small
Report loss items that are passive business stock.
Lines 4a Through 4f—Portfolio Income
activity amounts to you using the 2. Your pro rata share of the eligible
(Loss)
Instructions for Form 8582. section 1202 gain cannot exceed the
Portfolio income or loss is not subject to Report income or gain items that are amount that would have been allocated to
the passive activity limitations. Portfolio passive activity amounts to you as you based on your interest in the
income includes income not derived in the instructed below. corporation at the time the stock was
ordinary course of a trade or business The instructions below also tell you acquired.
from interest, ordinary dividends, where to report line 6 items if such items See the Instructions for Schedule D
annuities, or royalties, and gain or loss on are not passive activity amounts. (Form 1040) for details on how to report
the sale of property that produces such the gain and the amount of the allowable
income or is held for investment. Line 6 items include the following:
● Income from recoveries of tax benefit
exclusion.
Column (c) of Schedule K-1 tells ● Gain eligible for section 1045 rollover
shareholders where to report this income items. A tax benefit item is an amount you
deducted in a prior tax year that reduced (replacement stock purchased by the
on Form 1040 and related schedules. corporation). The corporation should also
your income tax. Report this amount on
Line 4f of Schedule K-1 is used to report Form 1040, line 21, to the extent it give you the name of the corporation that
income other than that reported on lines reduced your tax. issued the stock, your share of the
4a through 4e. The type and the amount ● Gambling gains and losses.
corporation's adjusted basis and sales
of income reported on line 4f will be listed price of the stock, and the dates the stock
in the line 23 Supplemental Information 1. If the corporation was not engaged was bought and sold. Corporate
space of Schedule K-1. in the trade or business of gambling: shareholders are not eligible for the
If the corporation held a residual a. Report gambling winnings on Form section 1045 rollover. To qualify for the
interest in a real estate mortgage 1040, line 21. section 1045 rollover:
investment conduit (REMIC), it will report b. Deduct gambling losses to the 1. You must have held an interest in
on line 4f your share of REMIC taxable extent of winnings on Schedule A, line 27. the corporation during the entire period in
income or (net loss) that you report on 2. If the corporation was engaged in which the corporation held the qualified
Schedule E (Form 1040), Part IV, column the trade or business of gambling: small business stock (more than 6 months
(d). It will also report your share of any a. Report gambling winnings in Part II prior to the sale), and
“excess inclusion” that you report on of Schedule E. 2. Your pro rata share of the gain
Schedule E, Part IV, column (c), and your b. Deduct gambling losses to the eligible for the section 1045 rollover
share of section 212 expenses that you extent of winnings in Part II of Schedule cannot exceed the amount that would
report on Schedule E, Part IV, column (e). E. have been allocated to you based on your
If you itemize your deductions on ● Net gain (loss) from involuntary interest in the corporation at the time the
Schedule A (Form 1040), you may also conversions due to casualty or theft. The stock was acquired.
deduct these section 212 expenses as a corporation will give you a schedule that See the Instructions for Schedule D
miscellaneous itemized deduction subject shows the amounts to be reported on (Form 1040) for details on how to report
to the 2% limit on Schedule A, line 22. Form 4684, Casualties and Thefts, line the gain and the amount of the allowable
Line 5—Net Section 1231 Gain (Loss) 34, columns (b)(i), (b)(ii), and (c). postponed gain.
(Other Than Due to Casualty or Theft) ● Net short-term capital gain or loss, net ● Gain eligible for section 1045 rollover

Net section 1231 gain or loss is reported long-term capital gain or loss, and the (replacement stock not purchased by the
on line 5. The corporation will identify in 28% rate gain or loss from Schedule D corporation). The corporation should also
the line 23 Supplemental Information (Form 1120S) that is not portfolio income give you the name of the corporation that
space the activity to which the amount on (e.g., gain or loss from the disposition of issued the stock, your share of the
line 5 relates. nondepreciable personal property used in corporation's adjusted basis and sales
a trade or business activity of the price of the stock, and the dates the stock
The amount on line 5 is generally a corporation). Report total net short-term was bought and sold. Corporate
passive activity amount if it is from a: gain or loss on Schedule D (Form 1040), shareholders are not eligible for the
● Rental activity or
line 5; total long-term capital gain or loss section 1045 rollover. To qualify for the
● Trade or business activity in which you on Schedule D (Form 1040), line 12, section 1045 rollover:
did not materially participate. column (f); and the 28% rate gain or loss 1. You must have held an interest in
However, an amount on line 5 from a on Schedule D (Form 1040), line 12, the corporation during the entire period in
rental real estate activity is not from a column (g). which the corporation held the qualified
passive activity if you were a real estate ● Any net gain or loss from section 1256 small business stock (more than 6 months
professional (defined on page 2) and you contracts. Report this amount on line 1 of prior to the sale).
materially participated in the activity. Form 6781, Gains and Losses From 2. Your pro rata share of the gain
If the amount on line 5 is either (a) a Section 1256 Contracts and Straddles. eligible for the section 1045 rollover
loss that is not from a passive activity or ● Gain from the sale or exchange of cannot exceed the amount that would
(b) a gain, report it on Form 4797, Sales qualified small business stock (as defined have been allocated to you based on your
of Business Property, line 2, column (g). in the Instructions for Schedule D) that is interest in the corporation at the time the
Do not complete columns (b) through (f) eligible for the 50% section 1202 stock was acquired, and
on line 2. Instead, write “From Schedule exclusion. The corporation should also 3. You must purchase other qualified
K-1 (Form 1120S)” across these columns. give you the name of the corporation that small business stock (as defined in the
If the amount on line 5 is a loss from a issued the stock, your share of the Instructions for Schedule D (Form 1040))
passive activity, see Passive loss corporation's adjusted basis and sales during the 60 day-period that began on
limitations in the Instructions for Form price of the stock, and the dates the stock the date the stock was sold by the
4797. You may need to refigure line 5 was bought and sold. Corporate corporation.
using the Instructions for Form 8582 to shareholders are not eligible for the See the Instructions for Schedule D
determine the amount to enter on Form section 1202 exclusion. The following (Form 1040) for details on how to report
4797. additional limitations apply at the the gain and the amount of the allowable
shareholder level: postponed gain.
Line 6—Other Income (Loss)
1. You must have held an interest in
Amounts on this line are other items of the corporation when the corporation
income, gain, or loss not included on lines
Instructions for Schedule K-1 (Form 1120S) Page 5
Deductions Note: If there was a gain (loss) from a The amounts shown on lines
Line 7—Charitable Contributions
casualty or theft to property not used in
a trade or business or for income-
! 11b(1) and 11b(2) include only
CAUTION investment income and expenses

The corporation will give you a schedule producing purposes, you will be notified reported on lines 4a, 4b, 4c, 4f, and 9 of
that shows the amount of contributions by the corporation. You will have to this Schedule K-1. If applicable, the
subject to the 50%, 30%, and 20% complete your own Form 4684. corporation will have listed in the line 23
limitations. For more details, see the ● Any penalty on early withdrawal of Supplemental Information space any
instructions for Schedule A (Form 1040). savings. other items of investment income and
If property other than cash is ● Soil and water conservation expenses reported elsewhere on this
contributed, and the claimed deduction for expenditures. See section 175 for Schedule K-1. Be sure to take these
one item or group of similar items of limitations on the amount you are allowed amounts into account, along with the
property exceeds $5,000, the corporation to deduct. amounts on lines 11b(1) and 11b(2) and
is required to give you a copy of Form ● Expenditures for the removal of your investment income and expenses
8283, Noncash Charitable Contributions, architectural and transportation barriers to from other sources, when figuring the
and you must attach it to your tax return. the elderly and disabled that the amounts to enter in Part II of Form 4952.
Do not deduct the amount shown on corporation elected to treat as a current
expense. The deductions are limited by
Credits
Form 8283. It is the corporation's
contribution. You should deduct the section 190(c) to $15,000 per year from If you have credits that are passive
all sources.
amount shown on Schedule K-1, line 7.
If the corporation provides you with ● Interest expense allocated to
! activity credits to you, you must
CAUTION complete Form 8582-CR in

information that the contribution was debt-financed distributions. The manner addition to the credit forms identified
property other than cash and does not in which you report such interest expense below. See the Instructions for Form
give you a Form 8283, see the depends on your use of the distributed 8582-CR for more information.
Instructions for Form 8283 for filing debt proceeds. See Notice 89-35, 1989-1 Also, if you are entitled to claim more
requirements. A Form 8283 does not have C.B. 675, for details. than one listed general business credit
to be filed unless the total claimed ● Contributions to a capital construction (investment credit, work opportunity
deduction of all contributed items of fund (CCF). The deduction for a CCF credit, welfare-to-work credit, credit for
property exceeds $500. investment is not taken on Schedule E alcohol used as fuel, research credit,
Charitable contribution deductions are (Form 1040). Instead, you subtract the low-income housing credit, enhanced oil
not taken into account in figuring your deduction from the amount that would recovery credit, disabled access credit,
passive activity loss for the year. Do not normally be entered as taxable income renewable electricity production credit,
enter them on Form 8582. on line 39 (Form 1040). In the margin to Indian employment credit, credit for
the left of line 39, write "CCF" and the employer social security and Medicare
Line 8—Section 179 Expense amount of the deduction. taxes paid on certain employee tips,
Deduction If the corporation has more than one orphan drug credit, and credit for
Use this amount, along with the total cost corporate activity (line 1, 2, or 3 of contributions to selected community
of section 179 property placed in service Schedule K-1), it will identify the activity development corporations), you must
during the year from other sources, to to which the expenses relate. complete Form 3800, General Business
complete Part I of Form 4562, The corporation should also give you a Credit, in addition to the credit forms
Depreciation and Amortization. Part I of description and your share of each of the identified below. If you have more than
Form 4562 is used to figure your expense items. Associate any passive one credit, see the Instructions for Form
allowable section 179 expense deduction activity deduction included on line 10 with 3800.
from all sources. Report the amount on the line 1, 2, or 3 activity to which it
line 12 of Form 4562 allocable to a Line 12a—Credit for Alcohol Used as
relates and report the deduction using the Fuel
passive activity from the corporation using Instructions for Form 8582 (or only on
the Instructions for Form 8582. If the Schedule E (Form 1040), if applicable). Your share of the corporation's credit for
amount is not a passive activity deduction, alcohol used as fuel from all trade or
report it on Schedule E (Form 1040), Part Investment Interest business activities is reported on line 12a.
II, column (j). If the corporation paid or accrued interest Enter this credit on Form 6478, Credit for
on debts properly allocable to investment Alcohol Used as Fuel, to determine your
Line 9—Deductions Related to allowed credit for the year.
Portfolio Income (Loss) property, the amount of interest you are
allowed to deduct may be limited. Line 12b—Low-Income Housing Credit
Amounts on line 9 are deductions that are
For more information on the special
clearly and directly allocable to portfolio Your share of the corporation's
provisions that apply to investment
income reported on lines 4a through 4f low-income housing credit is shown on
interest expense, see Form 4952,
(other than investment interest expense lines 12b(1) through (4). Your allowable
Investment Interest Expense Deduction,
and section 212 expenses from a credit is entered on Form 8586,
and Pub. 550, Investment Income and
REMIC). Generally, you should enter line Low-Income Housing Credit, to determine
Expenses.
9 amounts on Schedule A (Form 1040), your allowed credit for the year.
line 22. See the instructions for Schedule Line 11a—Interest Expense on If the corporation invested in a
A, lines 22 and 27, for more information. Investment Debts partnership to which the provisions of
These deductions are not taken into Enter this amount on Form 4952, line 1, section 42(j)(5) apply, it will report
account in figuring your passive activity along with investment interest expense separately on lines 12b(1) and 12b(3)
loss for the year. Do not enter them on from Schedule K-1, line 10, if any, and your share of the credit it received from
Form 8582. from other sources to determine how the partnership.
Line 10—Other Deductions much of your total investment interest is Your share of all other low-income
deductible. housing credits of the corporation is
Amounts on this line are other deductions reported on lines 12b(2) and 12b(4). You
not included on lines 7, 8, 9, 15f, and 16a, Lines 11b(1) and (2)—Investment must keep a separate record of the
such as: Income and Investment Expenses amount of low-income housing credit from
● Itemized deductions that Form 1040 these lines so that you will be able to
Use the amounts on these lines to
filers enter on Schedule A (Form 1040). determine the amounts to enter in Part II correctly figure any recapture of the credit
of Form 4952. that may result from the disposition of all
or part of your stock in the corporation.
For more information, see the instructions
Page 6 Instructions for Schedule K-1 (Form 1120S)
for Form 8611, Recapture of Low-Income ● Disabled access credit (Form 8826). of each type will be listed on an
Housing Credit. ● Renewable electricity production credit attachment.
(Form 8835). Generally, section 59(e) allows each
Line 12c—Qualified Rehabilitation
● Empowerment zone employment credit shareholder to elect to deduct certain
Expenditures Related to Rental Real
(Form 8844). expenses ratably over the number of
Estate Activities
● Indian employment credit (Form 8845). years in the applicable period rather than
The corporation should identify your share ● Credit for employer social security and
deduct the full amount in the current year.
of rehabilitation expenditures from each Under the election, you may deduct
rental real estate activity. Enter the Medicare taxes paid on certain employee
tips (Form 8846). circulation expenditures ratably over a
expenditures on the appropriate line of 3-year period. Research and experimental
● Orphan drug credit (Form 8820).
Form 3468, Investment Credit, to figure expenditures and mining exploration and
your allowable credit. ● Credit for contributions to selected
development costs qualify for a writeoff
community development corporations period of 10 years. Intangible drilling and
Line 12d—Credits (Other Than Credits (Form 8847). development costs may be deducted over
Shown on Lines 12b and 12c) Related ● General credits from an electing large a 60-month period, beginning with the
to Rental Real Estate Activities partnership. Report these credits on Form month in which such costs were paid or
The corporation will identify the type of 3800, line 1o. incurred.
credit and any other information you need If you make this election, these items
to figure credits from rental real estate Adjustments and Tax Preference are not treated as adjustments or tax
activities (other than the low-income Items preference items for purposes of the
housing credit and qualified rehabilitation Use the information reported on lines 14a alternative minimum tax. Make the
expenditures). through 14e (as well as adjustments and election on Form 4562.
Line 12e—Credits Related to Other tax preference items from other sources) Because each shareholder decides
Rental Activities to prepare your Form 6251, Alternative whether to make the election under
Minimum Tax—Individuals, or Schedule I section 59(e), the corporation cannot
If applicable, your share of any credit from of Form 1041, U.S. Income Tax Return provide you with the amount of the
other rental activities will be reported on for Estates and Trusts. adjustment or tax preference item related
line 12e. Income or loss from these to the expenses listed on line 16a. You
activities is reported on line 3 of Schedule Lines 14d(1) and 14d(2)—Gross
Income From, and Deductions must decide both how to claim the
K-1. If more than one credit is involved, expenses on your return and how to figure
the credits will be listed separately, each Allocable to, Oil, Gas, and Geothermal
Properties the resulting adjustment or tax preference
credit identified as a line 12e credit, and item.
the activity to which the credit relates will The amounts reported on these lines
be identified. This information will be include only the gross income from, and Line 17—Tax-Exempt Interest Income
shown on the line 23 Supplemental deductions allocable to, oil, gas, and You must report on your return, as an
Information space. The credit may be geothermal properties included on line 1 item of information, your share of the
limited by the passive activity limitations. of Schedule K-1. The corporation should tax-exempt interest received or accrued
Line 13—Other Credits have reported separately any income by the corporation during the year.
from or deductions allocable to such Individual shareholders must include this
If applicable, your pro rata share of any properties that are included on lines 2 amount on Form 1040, line 8b. Generally,
other credit (other than on lines 12a through 10. This separate information is you must increase the basis of your stock
through 12e) will be shown on line 13. If reported in the line 23 Supplemental by this amount.
more than one credit is reported, the Information space. Use the amounts
credits will be shown and identified in the reported on lines 14d(1) and 14d(2) and Line 18—Other Tax-Exempt Income
line 23 Supplemental Information space. any amounts reported separately to help Generally, you must increase the basis
Expenditures qualifying for the (a) you determine the net amount to enter on of your stock by the amount shown on line
rehabilitation credit from other than rental line 14e of Form 6251. 18, but do not include it in income on your
real estate activities, (b) energy credit, or tax return.
(c) reforestation credit will be reported to Line 14e—Other Adjustments and Tax
you on line 23. Preference Items Line 19—Nondeductible Expenses
Line 13 credits include the following: Enter the line 14e adjustments and tax The nondeductible expenses paid or
● Credit for backup withholding on preference items shown in the line 23 incurred by the corporation are not
dividends, interest income, and other Supplemental Information space, with deductible on your tax return. Generally,
types of income. Include the amount the other items from other sources, on the you must decrease the basis of your stock
corporation reports to you in the total that applicable lines of Form 6251. by this amount.
you enter on line 58, page 2, Form 1040.
● Nonconventional source fuel credit. Foreign Taxes Line 20
Enter this credit on a schedule you Use the information on lines 15a through Reduce the basis of your stock (as
prepare yourself to determine the allowed 15g, and attached schedules, to figure explained on page 1) by the distributions
credit to take on your tax return. See your foreign tax credit. For more on line 20. If these distributions exceed
section 29 for rules on how to figure the information, see Form 1116, Foreign Tax the basis of your stock, the excess is
credit. Credit (Individual, Estate, Trust, or treated as gain from the sale or exchange
● Qualified electric vehicle credit (Form Nonresident Alien Individual), and its of property and is reported on Schedule
8834). instructions. D (Form 1040).
● Unused investment credit from
Other Line 21
cooperatives. Enter this credit on Form
3468 to figure your allowable investment If the line 21 payments are made on a
Lines 16a and 16b—Section 59(e)(2) loan with a reduced basis, the repayments
credit. Expenditures
● Work opportunity credit (Form 5884).
must be allocated in part to a return of
The corporation will show on line 16a the your basis in the loan and in part to the
● Welfare-to-work credit (Form 8861).
type of qualified expenditures to which an receipt of income. See Regulations
● Credit for increasing research activities election under section 59(e) may apply. It section 1.1367-2 for information on
(Form 6765). will identify the amount of the reduction in basis of a loan and
● Enhanced oil recovery credit (Form expenditures on line 16b. If there is more restoration in basis of a loan with a
8830). than one type of expenditure, the amount reduced basis. See Rev. Rul. 64-162,

Instructions for Schedule K-1 (Form 1120S) Page 7


1964-1 (Part 1) C.B. 304 and Rev. Rul. on Schedule K-1 (Form 1041). Do not 15. Any information you need to figure
68-537, 1968-2 C.B. 372, for other report it elsewhere on Form 1041. your recapture of the Indian employment
information. 7. Any information you need to figure credit. Generally, if the corporation
the interest due under section 453(l)(3). terminated a qualified employee less than
Lines 22a and 22b—Recapture of 1 year after the date of initial employment,
If the corporation elected to report the
Low-Income Housing Credit any Indian employment credit allowed for
dispositions of certain timeshares and
The corporation will report separately on residential lots on the installment method, a prior tax year by reason of wages paid
line 22a your share of any recapture of a your tax liability must be increased by the or incurred to that employee must be
low-income housing credit from its interest on tax attributable to your pro rata recaptured. For details, see section
investment in partnerships to which the share of the installment payments 45A(d).
provisions of section 42(j)(5) apply. All received by the corporation during its tax 16. Nonqualified withdrawals by the
other recapture of low-income housing year. If applicable, use the information corporation from a capital construction
credits will be reported on line 22b. You provided by the corporation to figure your fund (CCF). These withdrawals are taxed
must keep a separate record of recapture interest. Include the interest on Form separately from your other gross income
from line 22a and 22b so that you will be 1040, line 57. Also write “453(l)(3)” and at the highest marginal ordinary income
able to correctly figure any credit the amount of the interest on the dotted or capital gain tax rate. Attach a statement
recapture that may result from the line to the left of line 57. to your Federal income tax return to show
disposition of all or part of your corporate 8. Any information you need to figure your computation of both the tax and
stock. Use the line 22a and 22b amounts the interest due under section 453A(c) interest for a nonqualified withdrawal.
to figure the low-income housing credit with respect to certain installment sales Include the tax and interest on Form
recapture on Form 8611. See the of property. If you are an individual, report 1040, line 57. To the left of line 57, write
instructions for Form 8611 and section the interest on Form 1040, line 57. Write the amount of tax and interest and
42(j) for additional information. “453A(c)” and the amount of the interest “CCF.”
Supplemental Information on the dotted line to the left of line 57. See 17. Unrecaptured section 1250 gain.
the instructions for Form 6252, Generally, report this amount on line 5 of
Line 23 Installment Sale Income, for more the Unrecaptured Section 1250 Gain
information. Also see section 453A(c) for Worksheet in the Schedule D (Form
If applicable, the corporation should have details on making the computation. 1040) instructions. However, for an
listed in line 23, Supplemental 9. Capitalization of interest under amount passed through from an estate,
Information, or on an attached statement section 263A(f). To the extent certain trust, real estate investment trust, or
to Schedule K-1, your distributive share production or construction expenditures regulated investment company, report it
of the following: of the corporation are made from on line 11 of that worksheet. Report on
1. Taxes paid on undistributed capital proceeds associated with debt you incur line 10 of that worksheet any gain from
gains by a regulated investment company as an owner-shareholder, you must the corporation's sale or exchange of a
or real estate investment trust. Form 1040 capitalize the interest on this debt. If partnership interest that is attributable to
filers, enter your share of these taxes on applicable, use the information on unrecaptured section 1250 gain.
line 64 of Form 1040, check the box for expenditures the corporation gives to you 18. Any information you need to figure
Form 2439, and add the words “Form to determine the amount of interest you the interest due or to be refunded under
1120S.” Also reduce the basis of your must capitalize. See Regulations sections the look-back method of section 167(g)(2)
stock by this tax. 1.263A-8 through 1.263A-15 for more for certain property placed in service after
2. Gross income from the property, information. September 13, 1995, and depreciated
share of production for the tax year, etc., 10. Any information you need to figure under the income forecast method. Use
needed to figure your depletion deduction the interest due or to be refunded under Form 8866, Interest Computation Under
for oil and gas wells. The corporation the look-back method of section 460(b)(2) the Look-Back Method for Property
should also allocate to you a on certain long-term contracts. Use Form Depreciated Under the Income Forecast
proportionate share of the adjusted basis 8697, Interest Computation Under the Method, to report any such interest.
of each corporate oil or gas property. See Look-Back Method for Completed 19. Amortizable basis of reforestation
Pub. 535 on how to figure your depletion Long-Term Contracts, to report any such expenditures and the year paid or
deduction. Also, reduce the basis of your interest. incurred. To figure your allowable
stock by the amount of this deduction to 11. Your share of expenditures amortization, including limits that may
the extent the deduction does not exceed qualifying for the (a) rehabilitation credit apply, see section 194 and Pub. 535.
your share of the adjusted basis of the from other than rental real estate Follow the Instructions for Form 8582 to
property. activities, (b) energy credit, or (c) report amortization allocable to a passive
3. Recapture of the section 179 reforestation credit. Enter the activity. Report amortization from a trade
expense deduction. If the recapture was expenditures on the appropriate line of or business activity in which you
caused by a disposition of the property, Form 3468 to figure your allowable credit. materially participated on a separate line
include the amount on Form 4797, line 17. 12. Investment credit properties subject in Part II, column (i), of Schedule E (Form
The recapture amount is limited to the to recapture. Any information you need to 1040).
amount you deducted in earlier years. figure your recapture tax on Form 4255, 20. Any information you need to figure
4. Recapture of certain mining Recapture of Investment Credit. See the the interest due under section 1260(b). If
exploration expenditures (section 617). Form 3468 on which you took the original the corporation had gain from certain
5. Any information or statements you credit for other information you need to constructive ownership transactions, your
need to comply with section 6111 complete Form 4255. tax liability must be increased by the
(registration of tax shelters) or You may also need Form 4255 if you interest charge on any deferral of gain
6662(d)(2)(B)(ii) (regarding adequate disposed of more than one-third of your recognition under section 1260(b). If you
disclosure of items that may cause an stock in the corporation. are an individual, report the interest on
understatement of income tax). 13. Preproductive period farm Form 1040, line 57. Write “1260(b)” and
6. Gross farming and fishing income. expenses. You may elect to deduct these the amount of the interest on the dotted
If you are an individual shareholder, enter expenses currently or capitalize them line to the left of line 57. See section
this income, as an item of information, on under section 263A. See Pub. 225, 1260(b) for details, including how to figure
Schedule E (Form 1040), Part V, line 41. Farmer's Tax Guide, and Regulations the interest.
Do not report this income elsewhere on section 1.263A-4 for more information. 21. Any other information you may
Form 1040. 14. Any information you need to figure need to file with your individual tax return
For a shareholder that is an estate or recapture of the qualified electric vehicle that is not shown elsewhere on Schedule
trust, report this income to the credit. See Pub. 535 for details, including K-1.
beneficiaries, as an item of information, how to figure the recapture.
Page 8 Instructions for Schedule K-1 (Form 1120S)

You might also like