Partner s Instructions for Schedule K-1 (Form 1065-B)

Transcription

1 2001 Partner s Instructions for Schedule K-1 (Form 1065-B) Partner s Share of Income (Loss) From an Electing Large Partnership (For Partner s Use Only) Section references are to the Internal Revenue Code unless otherwise noted. Department of the Treasury Internal Revenue Service General Instructions rental activities are separately reported The written notice to the partnership for each activity in box 9. Income, etc., must include the names and addresses of from other activities (investment and both parties to the exchange, the portfolio income and deductions) are identifying numbers of the transferor and Purpose of Schedule K-1 reported in boxes 2, 4, and 6 for both (if known) of the transferee, and the The partnership uses Schedule K-1 to limited and general partners. exchange date. report your share of the partnership s income, credits, deductions, etc. Keep it An exception to this rule is made for Errors for your records. Do not file it with sales or exchanges of publicly traded your tax return. The partnership has filed You must report partnership items shown partnership interests for which a broker is a copy with the IRS. on your Schedule K-1 (and any attached required to file Form 1099-B, Proceeds schedules) the same way that the From Broker and Barter Exchange You are liable for tax on your share of partnership treated the items on its return. Transactions. the partnership income, whether or not If you believe the partnership has made distributed. Include your share on your tax an error on your Schedule K-1, notify the If a partner is required to notify the return if a return is required. Use these partnership. Do not change any items on partnership of a section 751(a) exchange instructions to help you report the items your copy of Schedule K-1. Generally, an but fails to do so, a $50 penalty may be shown on Schedule K-1 on your tax adjustment to correct an error will take imposed for each such failure. However, return. effect for the tax year in which the no penalty will be imposed if the partner partnership actually makes the can show that the failure was due to The amount of loss and deduction that adjustment. However, if the error involves reasonable cause and not willful neglect. you may claim on your tax return may be a change to your distributive share of a less than the amount reported on partnership item, the partnership should Schedule K-1. It is the partner s Nominee Reporting file an amended partnership return and responsibility to consider and apply send you a corrected Schedule K-1. Any person who holds, directly or any applicable limitations. See indirectly, an interest in a partnership as a Limitations on Losses, Deductions, If the treatment on your original or nominee for another person must furnish and Credits beginning on page 2 for amended return is inconsistent with the a written statement to the partnership by more information. partnership s treatment, you may be the last day of the month following the subject to the accuracy-related penalty. end of the partnership s tax year. This Electing Large This penalty is in addition to any tax that statement must include the name, results from making your amount or Partnerships address, and identifying number of the treatment of the item consistent with that nominee and such other person, This partnership has elected simplified shown on the partnership s return. Any description of the partnership interest held reporting requirements intended to make deficiency that results from making the as nominee for that person, and other it simpler for you to report your share of amounts consistent may be assessed information required by Temporary partnership income, credits, deductions, immediately. Regulations section (c)-1T. A etc. Generally, income, capital gains, nominee that fails to furnish this credits, and deductions are combined at Sale or Exchange of statement must furnish to the person for the partnership level so that the number Partnership Interest whom the nominee holds the partnership of partnership items separately reported interest a copy of Schedule K-1 and to partners is reduced. Most limitations Generally, a partner who sells or related information within 30 days of and elections affecting partnership exchanges a partnership interest in a receiving it from the partnership. income are made by the electing large section 751(a) exchange must notify the partnership. For limited partners, income partnership, in writing, within 30 days of A nominee who fails to furnish when and other items from the partnership s the exchange (or, if earlier, by January 15 due all the information required by trade or business and rental activities are of the calendar year following the Temporary Regulations section treated as being from a trade or business calendar year in which the exchange (c)-1T, or who furnishes incorrect that is a single passive activity. These occurred). A section 751(a) exchange is information, is subject to a $50 penalty for items are reported in boxes 1, 3, and 5, any sale or exchange of a partnership each statement for which a failure occurs. with most credits being reported in boxes interest in which any money or other The maximum penalty is $100,000 for all 7 and 8. General partners must make property received by the partner in such failures during a calendar year. If the their own determinations as to whether exchange for that partner s interest is nominee intentionally disregards the the activities are passive for them. attributable to unrealized receivables (as requirement to report correct information, Therefore, partnership items from trade or defined in section 751(c)) or inventory each $50 penalty increases to $100 or, if business, rental real estate, and other items (as defined in section 751(d)). greater, 10% of the aggregate amount of Cat. No W

2 items required to be reported, and the separately on your income tax return and not at risk, you will have to complete $100,000 maximum does not apply. not by the partnership. These elections Form 6198, At-Risk Limitations, to figure are made under the following code your allowable loss. International Boycotts sections: Section 108(b)(5) (income from the The at-risk rules generally limit the Every partnership that had operations in, discharge of indebtedness). amount of loss and other deductions that or related to, a boycotting country, Section 901 (foreign tax credit). you can claim to the amount you could company, or a national of a country must actually lose in the activity. However, if file Form 5713, International Boycott you acquired your partnership interest Report. Additional Information before 1987, the at-risk rules do not apply If the partnership cooperated with an For more information on the treatment of to losses from an activity of holding real international boycott, it must give you a partnership income, credits, deductions, property placed in service before 1987 by copy of its Form You must file your etc., see Pub. 541, Partnerships; Pub. the partnership. The activity of holding own Form 5713 to report the partnership s 535, Business Expenses; and Pub. 925, mineral property does not qualify for this activities and any other boycott Passive Activity and At-Risk Rules. exception. The partnership should identify operations that you may have. You may To get forms and publications, see the on an attachment to Schedule K-1 the lose certain tax benefits if the partnership instructions for your tax return. amount of any losses that are not subject participated in, or cooperated with, an to the at-risk limitations. international boycott. See Form 5713 and Limitations on Losses, the instructions for more information. Generally, you are not at risk for Deductions, and Credits amounts such as the following: Definitions There are three separate potential Nonrecourse loans used to finance the limitations on the amount of partnership activity, to acquire property used in the General Partner losses that you may deduct on your activity, or to acquire your interest in the return. These limitations and the order in activity, that are not secured by your own A general partner is a partner who is which you must apply them are as property (other than the property used in personally liable for partnership debts. follows: the basis rules, the at-risk the activity). See the instructions for Limited Partner limitations, and the passive activity Partner s Share of Liabilities on page 5 limitations. Each of these limitations is for the exception for qualified A limited partner is a partner in a discussed separately below. nonrecourse financing secured by real partnership formed under a state limited property. partnership law, whose personal liability Basis Rules for partnership debts is limited to the Cash, property, or borrowed amounts amount of money or other property that Generally, you may not claim your share used in the activity (or contributed to the the partner contributed or is required to of a partnership loss (including a capital activity, or used to acquire your interest in contribute to the partnership. Some loss) to the extent that it is greater than the activity) that are protected against members of other entities, such as the adjusted basis of your partnership loss by a guarantee, stop-loss agreement, domestic or foreign business trusts or interest at the end of the partnership s tax or other similar arrangement (excluding limited liability companies that are year. casualty insurance and insurance against classified as partnerships, may be treated The partnership is not responsible for tort liability). as limited partners for certain purposes. keeping the information needed to figure Amounts borrowed for use in the See, for example, Temporary Regulations the basis of your partnership interest. You activity from a person who has an interest section T(e)(3), which treats all can figure the adjusted basis of your in the activity, other than as a creditor, or members with limited liability as limited partnership interest by adding items that who is related, under section 465(b)(3), to partners for purposes of section 469(h)(2) increase your basis and then subtracting a person (other than you) having such an (concerning the passive loss limitation items that decrease your basis. interest. rules). To help you complete Form 6198, the Items that increase your basis are: partnership should specify on an Disqualified Person Money and your adjusted basis in attachment to Schedule K-1 your share of property contributed to the partnership. If you are a partner in a partnership the total pre-1976 losses from a section Your share of the increase in the holding oil and gas properties, you are a 465(c)(1) activity for which there existed a partnership s liabilities (or your individual disqualified person if: corresponding amount of nonrecourse liabilities caused by your assumption of You are an oil or natural gas retailer liability at the end of the year in which the partnership liabilities). described in section 613A(d)(2) or crude losses occurred. Also, you should get a Your share of the partnership s income oil refiner described in section 613A(d)(4) separate statement of income, expenses, (including tax-exempt income). or etc., for each activity from the partnership. Items that decrease your basis (but Your average daily production of not below zero) are: domestic crude oil and natural gas Passive Activity Limitations Money and the adjusted basis of exceeds 500 barrels for your tax year in property distributed to you. Section 469 provides rules that limit the which the partnership s tax year ends. Your share of the decrease in the deduction of certain losses and credits. See section 776(b) for more details. partnership s liabilities (or your individual These rules apply to partners who: Disqualified persons must report items liabilities assumed by the partnership). Are individuals, estates, trusts, closely of income, gain, loss, deduction, and Your share of the partnership s losses held corporations, or personal service credit attributable to partnership oil and (including capital losses). corporations and gas properties as if the special rules for Your share of the partnership s Have a passive activity loss or credit for electing large partnerships did not apply. nondeductible expenses. the tax year. Nonrecourse Loans Additional basis adjustments may If you have a passive activity loss or apply to partners claiming deductions for credit, use Form 8582, Passive Activity Nonrecourse loans are those liabilities of depletion. See Pub. 541 for more details. Loss Limitations, to figure your allowable the partnership for which no partner bears passive losses and Form 8582-CR, the economic risk of loss. At-Risk Limitations Passive Activity Credit Limitations, to Generally, if you have (a) a loss or other figure your allowable passive credits. For Elections deduction from any activity carried on as a corporation, use Form 8810, Corporate Generally, the partnership decides how to a trade or business or for the production Passive Activity Loss and Credit figure taxable income from its operations. of income by the partnership, and (b) Limitations. See the instructions for these However, two elections are made by you amounts in the activity for which you are forms for more information. -2-

3 ! CAUTION If the publicly traded partnership unless you elect to treat all interests in not owners of interests in the activity) for box on Schedule K-1 is checked, rental real estate as one activity. For the tax year. do not report passive income details on making this election, see the 4. The activity was a significant (loss) from the partnership on Form Instructions for Schedule E (Form 1040). participation activity for the tax year, and See page 4 for the special rules for If you are married filing jointly, either you participated in all significant publicly traded partnerships. you or your spouse must separately meet participation activities (including activities For limited partners of an electing both of the above conditions, without outside the partnership) during the year large partnership, all income, loss, taking into account services performed by for more than 500 hours. A significant deductions, and credits from trade or the other spouse. participation activity is any trade or business and rental activities generally business activity in which you participated A real property trade or business is are reported as being from a trade or for more than 100 hours during the tax any real property development, business that is a single passive activity. year and in which you did not materially redevelopment, construction, However, the determination of whether an participate under any of the material reconstruction, acquisition, conversion, activity is a passive activity must be made participation tests (other than this test 4). rental, operation, management, leasing, by any partner who is either a: 5. You materially participated in the or brokerage trade or business. Services General partner or activity for any 5 tax years (whether or not you performed as an employee are not Limited partner who is a disqualified consecutive) during the 10 tax years that treated as performed in a real property person (as defined on page 2) with immediately precede the tax year. trade or business unless you owned more respect to items of income, gain, loss, 6. The activity was a personal service than 5% of the stock (or more than 5% of deduction, and credit attributable to activity and you materially participated in the capital or profits interest) in the partnership oil and gas properties. the activity for any 3 tax years (whether or employer. In addition, the partnership is required not consecutive) preceding the tax year. 3. Working interests in oil or gas to provide each general partner and A personal service activity involves the wells. disqualified person the information performance of personal services in the 4. The rental of a dwelling unit any necessary to comply with the passive fields of health, law, engineering, partner used for personal purposes during activity rules of section 469. Items of architecture, accounting, actuarial the year for more than the greater of 14 income, gain, loss, credit, etc., must be science, performing arts, consulting, or days or 10% of the number of days that separately reported to general partners any other trade or business in which the residence was rented at fair rental for each trade or business, rental real capital is not a material income-producing value. estate, and other rental activity. factor. 5. Activities of trading personal 7. Based on all the facts and Note: Except for the publicly traded property for the account of owners of circumstances, you participated in the partnership discussion on page 4, the interests in the activities. activity on a regular, continuous, and following information on passive activity Material participation. You must substantial basis during the tax year. limitations applies only to general determine if you materially participated (a) partners. Limited partners who are in each trade or business activity held Work counted toward material disqualified persons should see Pub. 925 through the partnership and (b) if you participation. Generally, any work that for a complete discussion of the passive were a real estate professional (defined you or your spouse do in connection with activity rules. above), in each rental real estate activity an activity held through a partnership Generally, passive activities include: held through the partnership. All (where you own your partnership interest determinations of material at the time the work is done) is counted 1. Trade or business activities in participation are made based on your toward material participation. However, which you did not materially participate participation during the partnership s work in connection with the activity is not and tax year. counted toward material participation if 2. Activities that meet the definition of either of the following applies. rental activities under Temporary Material participation standards for Regulations section T(e)(3) and partners who are individuals are listed 1. The work is not the sort of work that Regulations section (e)(3). below. Special rules apply to certain owners of the activity would usually do retired or disabled farmers and to the and one of the principal purposes of the Passive activities do not include: surviving spouses of farmers. See the work that you or your spouse does is to 1. Trade or business activities in Instructions for Form 8582 for details. avoid the passive loss or credit which you materially participated. limitations. 2. Rental real estate activities in which Corporations should refer to the 2. You do the work in your capacity as you materially participated if you were a Instructions for Form 8810 for the material an investor and you are not directly real estate professional for the tax year. participation standards that apply to them. involved in the day-to-day operations of You were a real estate professional only Individuals (other than limited the activity. Examples of work done as an if you met both of the following conditions: partners). If you are an individual (either investor that would not count toward a general partner or a limited partner who a. More than half of the personal material participation include: owned a general partnership interest at all services you performed in trades or a. Studying and reviewing financial times during the tax year), you materially businesses were performed in real statements or reports on operations of the participated in an activity only if one or property trades or businesses in which activity. more of the following apply: you materially participated and b. Preparing or compiling summaries b. You performed more than You participated in the activity for or analyses of the finances or operations hours of services in real property trades more than 500 hours during the tax year. of the activity for your own use. or businesses in which you materially 2. Your participation in the activity for c. Monitoring the finances or participated. the tax year constituted substantially all operations of the activity in a the participation in the activity of all Note: For a closely held C corporation nonmanagerial capacity. individuals (including individuals who are (defined in section 465(a)(1)(B)), the not owners of interests in the activity for Effect of determination. If you above conditions are treated as met if the tax year). determine that you materially participated more than 50% of the corporation s gross 3. You participated in the activity for in (a) a trade or business activity of the receipts were from real property trades or more than 100 hours during the tax year, partnership or (b) if you were a real estate businesses in which the corporation and your participation in the activity for professional (defined above) in a rental materially participated. the tax year was not less than the real estate activity of the partnership, For purposes of this rule, each interest participation in the activity of any other report the income (loss), deductions, and in rental real estate is a separate activity, individual (including individuals who were credits from that activity as indicated in -3-

4 the instructions for the boxes in which qualifying estate is treated as actively 1. Working interests in oil and gas those items were reported. participating for tax years ending less wells. If you determine that you did not than 2 years after the date of the 2. The rental of a dwelling unit any materially participate in a trade or decedent s death. partner used for personal purposes during business activity of the partnership or if The maximum special allowance that the year for more than the greater of 14 you have income (loss), deductions, or single individuals and married individuals days or 10% of the number of days that credits from a rental activity of the filing a joint return can qualify for is the residence was rented at fair rental partnership (other than a rental real $25,000. The maximum is $12,500 for value. estate activity in which you materially married individuals who file separate 3. Trading personal property for the participated as a real estate professional), returns and who lived apart all times account of owners of interests in the the amounts from that activity are during the year. The maximum special activity. passive. Report passive income (losses), allowance for which an estate can qualify deductions, and credits as follows: Publicly traded partnerships. The is $25,000 reduced by the special passive activity limitations are applied 1. If you have an overall gain (the allowance for which the surviving spouse separately for items (other than the excess of income over deductions and qualifies. low-income housing credit and the losses, including any prior year unallowed If your modified adjusted gross income rehabilitation credit) from each publicly loss) from a passive activity, report the (defined below) is $100,000 or less traded partnership (PTP). Thus, a net income, deductions, and losses from the ($50,000 or less if married filing passive loss from a PTP may not be activity as indicated in the instructions for separately), your loss is deductible up to deducted from other passive income. the boxes in which those items were the amount of the maximum special Instead, a passive loss from a PTP is reported. allowance referred to in the preceding suspended and carried forward to be 2. If you have an overall loss (the paragraph. If your modified adjusted applied against passive income from the excess of deductions and losses, gross income is more than $100,000 same PTP in later years. If the partner s including any prior year unallowed loss, (more than $50,000 if married filing entire interest in the PTP is completely over income) or credits from a passive separately), the special allowance is disposed of, any unused losses are activity, report the income, deductions, limited to 50% of the difference between allowed in full in the year of disposition. losses, and credits from all passive $150,000 ($75,000 if married filing activities using the Instructions for Form separately) and your modified adjusted If you have an overall gain from a PTP, 8582 or Form 8582-CR (or Form 8810), to gross income. When modified adjusted the net gain is nonpassive income. In see if your deductions, losses, and credits gross income is $150,000 or more addition, the nonpassive income is are limited under the passive activity ($75,000 or more if married filing included in investment income to figure rules. separately), there is no special allowance. your investment interest expense deduction. Active participation in a rental real Modified adjusted gross income is your adjusted gross income figured Do not report passive income, gains, estate activity. If you actively without taking into account: or losses from a PTP on Form participated in a rental real estate activity, Any passive activity loss. Instead, use the following rules to figure you may be able to deduct up to $25,000 Any rental real estate loss allowed and report on the proper form or schedule of the loss from the activity from under section 469(c)(7) to real estate your income, gains, and losses from nonpassive income. This special professionals (as defined on page 3). passive activities that you held through allowance is an exception to the general Any taxable social security or each PTP you owned during the tax year: rule disallowing losses in excess of income from passive activities. The equivalent railroad retirement benefits. 1. Combine any current year income, special allowance is not available if you Any deductible contributions to an IRA gains and losses, and any prior year were married, file a separate return for or certain other qualified retirement plans unallowed losses to see if you have an the year, and did not live apart from your under section 219. overall gain or loss from the PTP. Include spouse at all times during the year. The student loan interest deduction. only the same types of income and losses The deduction allowed under section you would include in your net income or Only individuals and qualifying estates 164(f) for one-half of self-employment loss from a non-ptp passive activity. See can actively participate in a rental real taxes. Pub. 925 for more details. estate activity. Estates (other than The exclusion from income of interest 2. If you have an overall gain, the net qualifying estates), trusts, and from Series EE and I U.S. Savings Bonds gain portion (total gain minus total losses) corporations cannot actively participate. used to pay higher education expenses. is nonpassive income. On the form or You are not considered to actively The exclusion of amounts received schedule you normally use, report the net participate in a rental real estate activity if under an employer s adoption assistance gain portion as nonpassive income and at any time during the tax year your program. the remaining income and the total losses interest (including your spouse s interest) as passive income and loss. To the left of in the activity was less than 10% (by Special rules for certain other the entry space, write From PTP. It is value) of all interests in the activity. activities. If you have net income (loss), important to identify the nonpassive deductions, or credits from any activity to Active participation is a less stringent income because the nonpassive portion is which special rules apply, the partnership requirement than material participation. included in modified adjusted gross will identify the activity and all amounts You may be treated as actively income for purposes of figuring on Form relating to it on Schedule K-1 or on an participating if you participated, for 8582 the special allowance for active attachment. example, in making management participation in a non-ptp rental real decisions or arranging for others to If you have net income subject to estate activity. In addition, the nonpassive provide services (such as repairs) in a recharacterization under Temporary income is included in investment income significant and bona fide sense. Regulations section T(f) and when figuring your investment interest Management decisions that can count as Regulations section (f), report expense deduction on Form 4952, active participation include approving new such amounts according to the Investment Interest Expense Deduction. tenants, deciding rental terms, approving Instructions for Form 8582 (or Form Example. If you have Schedule E capital or repair expenditures, and other 8810). income of $8,000, and a Form 4797 prior similar decisions. If you have net income (loss), year unallowed loss of $3,500 from the An estate is a qualifying estate if the deductions, or credits from any of the passive activities of a particular PTP, you decedent would have satisfied the active following activities, treat such amounts as have a $4,500 overall gain ($8,000 participation requirement for the activity nonpassive and report them as instructed $3,500). On Schedule E, Part II, report for the tax year the decedent died. A in these instructions: the $4,500 net gain as nonpassive -4-

5 income in column (k). In column (h), Note: For rules on the disposition of an person who receives a fee for the report the remaining Schedule E gain of entire interest reported using the partnership s investment in the real $3,500 ($8,000 $4,500). On the installment method, see the Instructions property. appropriate line of Form 4797, report the for Form See Pub. 925 for more information on prior year unallowed loss of $3,500. Be qualified nonrecourse financing. sure to write From PTP to the left of each entry space. Both the partnership and you must 3. If you have an overall loss (but did Specific Instructions meet the qualified nonrecourse rules on not dispose of your entire interest in the this debt before you can include the PTP to an unrelated person in a fully amount shown next to Qualified taxable transaction during the year), the Publicly Traded nonrecourse financing in your at-risk losses are allowed to the extent of the Partnership computation. income, and the excess loss is carried If the publicly traded partnership box is See Limitations on Losses, forward to use in a future year when you checked, you are a partner in a publicly Deductions, and Credits beginning on have income to offset it. Report as a traded partnership and must follow the page 2 for more information on the at-risk passive loss on the schedule or form you rules starting on page 4 under Publicly limitations. normally use the portion of the loss equal to the income. Report the income as traded partnerships. passive income on the form or schedule Tax Shelter Registration you normally use. Partner s Share of Number Example. You have a Schedule E loss Liabilities If the partnership is a registration-required of $12,000 (current year losses plus prior The partnership will show your share of tax shelter or has invested in a year unallowed losses) and a Schedule D the partnership s nonrecourse liabilities, registration-required tax shelter, it should gain of $7,200. Report the $7,200 gain on partnership-level qualified nonrecourse have entered a tax shelter registration the appropriate line of Schedule D. On financing, and other liabilities as of the number in this box. If you claim or report Schedule E, Part II, report $7,200 of the end of the partnership s tax year. If you any income, loss, deduction, or credit losses as a passive loss in column (g). terminated your interest in the partnership from a tax shelter, you must attach Form Carry forward to 2002 the unallowed loss during the tax year, the amounts should 8271, Investor Reporting of Tax Shelter of $4,800 ($12,000 $7,200). reflect the share that existed immediately Registration Number, to your tax return. If If you have unallowed losses from before the total disposition. A partner s the partnership has invested in a tax more than one activity of the PTP or from other liability is any partnership liability shelter, it must give you a copy of its the same activity of the PTP that must be for which a partner is personally liable. Form 8271 with your Schedule K-1. Use reported on different forms, you must Use the total of the three amounts for the information on this Form 8271 to allocate the unallowed losses on a pro computing the adjusted basis of your complete your Form rata basis to figure the amount allowed partnership interest. If the partnership itself is a from each activity or on each form. Generally, you may use only the registration-required tax shelter, use the To allocate and keep a record of amounts shown next to Qualified information on Schedule K-1 (name of the TIP the unallowed losses, use nonrecourse financing and Other to partnership, partnership identifying Worksheets 4, 5, and 6 of Form compute your amount at risk. Do not number, and tax shelter registration List each activity of the PTP in include any amounts that are not at risk if number) to complete your Form Worksheet 4. Enter the overall loss from such amounts are included in either of each activity in column (a). Complete these categories. Boxes 1 Through 9 column (b) of Worksheet 4 according to If your partnership is engaged in two or The amounts shown in boxes 1 through 9 its instructions. Multiply the total more different types of activities subject to reflect your share of income, loss, credits, unallowed loss from the PTP by each the at-risk provisions, or a combination of deductions, etc., from the partnership. ratio in column (b) and enter the result in at-risk activities and any other activity, the These amounts do not take into column (c) of Worksheet 4. Then partnership should give you a statement consideration the following limitations: complete Worksheet 5 if all the loss from showing your share of nonrecourse the same activity is to be reported on one 1. The adjusted basis of your liabilities, partnership-level qualified form or schedule. Use Worksheet 6 partnership interest, nonrecourse financing, and other instead of Worksheet 5 if you have more 2. The amount for which you are at liabilities for each activity. than one loss to be reported on different risk, or forms or schedules for the same activity. Qualified nonrecourse financing 3. The passive activity limitations. Enter the net loss plus any prior year secured by real property used in an For information on these provisions, unallowed losses in column (a) of activity of holding real property that is see Limitations on Losses, Worksheet 5 (or Worksheet 6 if subject to the at-risk rules is treated as an Deductions, and Credits beginning on applicable). The losses in column (c) of amount at risk. Qualified nonrecourse page 2. Worksheet 5 (column (e) of Worksheet 6) financing generally includes financing for are the allowed losses to report on the which no one is personally liable for If you are an individual, the following forms or schedules. Report both these repayment that is borrowed for use in an instructions will tell you how to report the losses and any income from the PTP on activity of holding real property and that is amounts shown in the boxes. If you are the forms and schedules you normally loaned or guaranteed by a Federal, state, not an individual, report the amounts in use. or local government or borrowed from a the boxes as instructed on your tax 4. If you have an overall loss and you qualified person. return. disposed of your entire interest in the PTP Qualified persons include any persons The line numbers in these instructions to an unrelated person in a fully taxable actively and regularly engaged in the are references to forms in use for transaction during the year, your losses business of lending money, such as a calendar year If you file your tax (including prior year unallowed losses) bank or savings and loan association. return on a calendar year basis, but your allocable to the activity for the year are Qualified persons generally do not partnership files a return for a fiscal year, not limited by the passive loss rules. A include related parties (unless the enter the amounts shown in the boxes on fully taxable transaction is one in which nonrecourse financing is commercially your tax return for the year in which the you recognize all your realized gain or reasonable and on substantially the same partnership s fiscal year ends. For loss. Report the income and losses on the terms as loans involving unrelated example, if the partnership s tax year forms and schedules you normally use. persons), the seller of the property, or a ends in February 2002, report the -5-

6 amounts in the boxes on your 2002 tax loss following the rules for Publicly participated on Schedule E, Part II, return. traded partnerships starting on page 4. column (i) or (k). See the instructions beginning on page 3 to determine If you have losses, deductions, or Box 4 Net Capital Gain (Loss) whether you materially participated in a credits from a prior year that were not From Other Activities trade or business activity. deductible or usable because of certain Net capital gain (loss) from other activities limitations, such as the basis rules or the Report Code A1 income (loss) from is not subject to the passive activity at-risk limitations, take them into account partnership trade or business activities in limitations. Report the gain (loss) on in determining your net income, loss, or which you did not materially participate as Schedule D (Form 1040), line 12, column credits for this year. However, except for follows: (f). passive activity losses and credits, do not 1. Report income on Schedule E, Part combine the prior-year amounts with any Box 5 Net Passive AMT II, column (h). However, if the publicly amounts shown on this Schedule K-1 to Adjustment traded partnership box on Schedule K-1 get a net figure to report on any is checked, report the income following supporting schedules, statements, or Limited partners only. Use the amount the rules for Publicly traded forms attached to your return. Instead, reported in box 5 (as well as your partnerships starting on page 4. report the amounts separately on the adjustments and tax preference items 2. Report a loss following the attached schedule, statement, or form on from other sources) to prepare your Form Instructions for Form 8582 to figure how a year-by-year basis. 6251, Alternative Minimum Tax much of the loss can be reported on Individuals; Form 4626, Alternative If you have amounts other than those Schedule E, Part II, column (g). However, Minimum Tax Corporations; or shown on Schedule K-1 to report on if the publicly traded partnership box is Schedule I of Form 1041, U.S. Income Schedule E (Form 1040), enter each item checked, report the loss following the Tax Return for Estates and Trusts. The on a separate line of Part II of Schedule rules for Publicly traded partnerships adjustment is treated as being from a E. starting on page 4. trade or business that is a single passive activity. Code A2 General partner s net Box 1 Taxable Income (Loss) Individuals should enter the amount on capital gain (loss) from trade or From Passive Activities line 11 of Form 6251, where it is taken business activities. If you did not Limited partners only. The amount into account with adjustments and materially participate in the trade or reported in box 1 is treated as being from preferences from other passive activities. business activity, the net capital gain a trade or business that is a single (loss) is a passive activity amount. If the passive activity. Report this amount as Box 6 Net Other AMT amount is either (a) a loss that is not from follows: Adjustment a passive activity or (b) a gain, report it on If income is reported in box 1, report Individual general and limited partners Schedule D (Form 1040), line 12, column the income on Schedule E (Form 1040), should enter the amount from box 6 on (f). If the amount is a loss from a passive Part II, column (h). However, if the line 14f of Form activity, report it following the Instructions publicly traded partnership box is for Form 8582 to figure how much of the Box 7 General Credits checked, report the income following the loss can be reported on Schedule D, line rules for Publicly traded partnerships Limited partners only. Enter the amount 12, column (f). However, if the publicly starting on page 4. from box 7 on line 1p of Form 3800, traded partnership box is checked, report If a loss is reported in box 1, follow the General Business Credit. Because the loss following the rules for Publicly Instructions for Form 8582 to figure how general credits are treated as being from traded partnerships starting on page 4. much of the loss can be reported on a trade or business that is a single Code A3 General partner s 28% rate Schedule E, Part II, column (g). However, passive activity, you must also include the gain (loss) from trade or business if the publicly traded partnership box is box 7 amount on line 3 of Form activities. If you did not materially checked, report the loss following the Box 8 Low-Income Housing participate in the trade or business rules for Publicly traded partnerships Credit activity, the 28% rate gain (loss) is a starting on page 4. passive activity amount. If the amount is Limited partners only. Enter the amount either (a) a loss that is not from a passive Box 2 Taxable Income (Loss) from box 8 on line 5 of Form 8586, activity or (b) a gain, report it on Schedule From Other Activities Low-Income Housing Credit. This credit is D (Form 1040), line 12, column (g). If the for property placed in service after 1989 The amount reported in box 2 is your amount is a loss from a passive activity, and is treated as being from a single share of the income from other activities. report it following the Instructions for passive activity. It is not subject to the passive activity Form 8582 to figure how much of the loss limitations. Report the amount in box 2 as Box 9 Other can be reported on Schedule D, line 12, follows: column (g). However, if the publicly If the amount in box 2 is income, report Codes A Through C traded partnership box is checked, report it on Schedule E, Part II, column (k). General partners in an electing large the loss following the rules for Publicly If the amount in box 2 is a loss, report it partnership must separately account for traded partnerships starting on page 4. on Schedule E, Part II, column (i). any items attributable to passive loss Code A4 General partner s general limitation activities to the extent credits from trade or business Box 3 Net Capital Gain (Loss) necessary to comply with the section 469 activities. Report the general credits on From Passive Activities passive loss rules. Therefore, the line 1p of Form If you did not Limited partners only. The net capital partnership is required to report income materially participate in the trade or gain (loss) reported in box 3 is treated as (loss), capital gain (loss), 28% rate gain business activity, you must also include being from a trade or business that is a (loss), credits, and the alternative the general credits on line 3 of Form single passive activity. If a net capital gain minimum tax adjustment separately for all is reported in box 3, report the gain on trade or business activities, rental real Code A5 General partner s Schedule D (Form 1040), line 12, column estate activities, and rental activities other nonconventional source fuel credit (f). If a loss is reported in box 3, report the than rental real estate. from trade or business activities. loss following the Form 8582 instructions Code A1 General partner s taxable Report the credit for producing fuel from a to figure how much of the loss can be income (loss) from trade or business nonconventional source on line 51 of reported on Schedule D, line 12, column activities. Report Code A1 income (loss) Form 1040 or line 6c of Schedule J, Form (f). However, if the publicly traded from partnership trade or business If you did not materially participate partnership box is checked, report the activities in which you materially in the trade or business activity, the -6-

7 nonconventional source fuel credit is a income (loss) on Schedule E (Form a real estate professional and materially passive activity credit. If the credit is from 1040), Part II, column (i) or (k). participated in the rental real estate a passive activity, complete Form 4. If you have income from a passive activity, the credit is a passive activity 8582-CR (or Form 8810 for corporations) activity in box 9, Code B1, enter the credit, and you must also file Form to figure how much of the credit is income on Schedule E, Part II, column allowable. Enter the allowable amount on Code B7 General partner s (h). However, if the publicly traded line 51 of Form 1040 or line 6c of alternative minimum tax adjustment partnership box is checked, report the Schedule J, Form from rental real estate activities. An income following the rules for Publicly AMT adjustment must be reported on line Code A6 General partner s traded partnerships starting on page 4. 14f of Form However, if the AMT alternative minimum tax adjustment adjustment is from a passive activity, it from trade or business activities. An Code B2 General partner s net must be taken into account on line 11 with AMT adjustment must be reported on line capital gain (loss) from rental real other passive activities instead of being 14f of Form However, if the AMT estate activities. The net capital gain reported on line 14f. adjustment is from a passive activity, it (loss) from a rental real estate activity is a must be taken into account on line 11 with passive activity amount unless you were Code C1 General partner s taxable adjustments and preferences from other a real estate professional (defined on income (loss) from other rental passive activities instead of being page 3) and you materially participated in activities. Income (loss) reported in box reported on line 14f. the activity. If the amount is either (a) a 9, Code C1, is a passive activity amount loss that is not from a passive activity or for all general partners. Report a loss Code B1 General partner s taxable (b) a gain, report it on Schedule D (Form following the Instructions for Form income (loss) from rental real estate 1040), line 12, column (f). If the amount is Report income on Schedule E (Form activities. Generally, the income (loss) a loss from a passive activity, report it 1040), Part II, column (h). However, if the reported in box 9, Code B1, is a passive following the Instructions for Form 8582 to box for publicly traded partnerships is activity amount for all general partners. figure how much of the loss can be checked, report the income (loss) However, the income (loss) in box 9 is not reported on Schedule D, line 12, column following the rules for Publicly traded from a passive activity if you were a real (f). However, if the publicly traded partnerships starting on page 4. estate professional (defined on page 3) partnership box is checked, report the and you materially participated in the loss following the rules for Publicly Code C2 General partner s net activity. traded partnerships starting on page 4. capital gain (loss) from other rental activities. The net capital gain (loss) Use the following instructions to Code B3 General partner s 28% rate from other rental activities is a passive determine where to enter the Code B1 gain (loss) from rental real estate activity amount for all general partners. amount: activities. The 28% rate gain (loss) from Report the gain on Schedule D (Form 1. If you have a loss from a passive a rental real estate activity is a passive 1040), line 12, column (f). Report a loss activity in box 9, Code B1, and you meet activity amount unless you were a real following the Instructions for Form 8582 to all of the following conditions, enter the estate professional (defined on page 3) figure how much of the loss can be loss on Schedule E (Form 1040), Part II, and you materially participated in the reported on Schedule D, line 12, column column (g): activity. If the amount is either (a) a loss (f). However, if the publicly traded a. You actively participated in the that is not from a passive activity or (b) a partnership box is checked, report the partnership rental real estate activities. gain, report it on Schedule D (Form loss following the rules for Publicly See Active participation in a rental real 1040), line 12, column (g). If the amount traded partnerships starting on page 4. estate activity on page 4. is a loss from a passive activity, report it b. Rental real estate activities with following the Instructions for Form 8582 to Code C3 General partner s 28% rate active participation were your only figure how much of the loss can be gain (loss) from other rental activities. passive activities. reported on Schedule D, line 12, column The 28% rate gain (loss) from other rental c. You have no prior year unallowed (g). However, if the publicly traded activities is a passive activity amount for losses from these activities. partnership box is checked, report the all general partners. Report a gain on d. Your total loss from the rental real loss following the rules for Publicly Schedule D (Form 1040), line 12, column estate activities was not more than traded partnerships starting on page 4. (g). Report a loss following the $25,000 (not more than $12,500 if Instructions for Form 8582 to figure how married filing separately and you lived Code B4 General partner s general much of the loss can be reported on apart from your spouse all year). credits from rental real estate Schedule D, line 12, column (g). e. If you are a married person filing activities. Report the general credits on However, if the publicly traded separately, you lived apart from your line 1p of Form Unless you were a partnership box is checked, report the spouse all year. real estate professional and materially loss following the rules for Publicly f. You have no current or prior year participated in the rental real estate traded partnerships starting on page 4. unallowed credits from a passive activity. activity, you must also include the general credits on line 3 of Form Code C4 General partner s general g. Your modified adjusted gross credits from other rental activities. income was not more than $100,000 (not Code B5 General partner s Report the general credits on line 1p of more than $50,000 if married filing low-income housing credit (for Form Because general credits from separately and you lived apart from your property placed in service after 1989) other rental activities are passive activity spouse all year). from rental real estate activities. credits for all general partners, you must 2. If you have a loss from a passive Report the low-income housing credit for also include the general credits on line 3 activity in box 9 and you do not meet all property placed in service after 1989 on of Form the conditions in 1 above, report the loss line 5 of Form Unless you were a following the Instructions for Form 8582 to real estate professional and materially Code C5 General partner s figure how much of the loss you can participated in the rental real estate alternative minimum tax adjustment report on Schedule E (Form 1040), Part activity, the low-income housing credit is from other rental activities. An AMT II, column (g). However, if the publicly a passive activity credit. adjustment must be reported on line 14f traded partnership box is checked, report of Form However, if the AMT the loss following the rules for Publicly Code B6 General partner s adjustment is from a passive activity, it traded partnerships starting on page 4. rehabilitation credit from rental real must be taken into account on line 11 with 3. If you were a real estate estate activities. Report the adjustments and preferences from other professional and you materially rehabilitation credit on line 1e of Form passive activities instead of being participated in the activity, report box , Investment Credit. Unless you were reported on line 14f. -7-