It depends. For some taxpayers, the IRS has announced that most K2/K3 reporting for 2021 can be delayed until the 2022 tax return. If your K-1 does not report foreign activities for Schedule K-3, you can uncheck the box (14 on 1120S, 16 for 1065) and e-file now.
However, if your K-1 does report foreign activities, you are required to include Schedule K-3. You have the option to uncheck the box, e-file now, and amend your return later. Or you can file an extension and check back later in the year to see if Schedule K-3 is available.
Please note that the issuance of a K2/K3 is not a Turbo Tax issue, it is a IRS issue. According to the IRS, these are the release dates for these forms, based on type of Business Entity.
Form 1065 March 20, 2022
Form 1120-S Mid-June 2022
Form 8865 January 2023
For more info, see this IRS link.
today is March 20 so when will TurboTax Have the k-3 for us? It’s really not cool that TT doesn’t give an update even if just to say sorry you’re on your own
Even though the IRS planned to release Schedule K-3 for Form 1065 on March 20, 2022, the form may not have been released on time and/or has not been integrated into the software yet. Please continue to run SmartCheck each day to see if the form is available in TurboTax. If you are using the desktop version, be sure to run updates from the Online menu before you do the review.
TT's handling of this issue is entirely inept. There should be a notification when filling in tax info and especially when trying to file as to how to deal this issue may be handled - or at worst a link to an explanation rather than needing to hunt it down.
The IRS announced on February 16, 2022 that most K-3 reporting for 2021 can be delayed until the 2022 tax return filing, but they have not indicated how individual taxpayers should proceed.
This is an extract of the IRS announcement:
"The IRS intends to provide certain additional transition relief for this year from the Schedule K-2 and K-3 reporting for certain domestic partnerships and S corporations with no foreign activities, foreign partners or shareholders, and without knowledge of partner or shareholder need for information on items of international relevance. For 2021, these qualifying domestic partnerships and S corporations will not have to file the new schedules. We are taking this step in response to feedback we received from the tax community and our stakeholders. The IRS will provide full details of this relief soon."
Some are choosing to "uncheck" the box indicating that a K-3 is attached so that you can electronically file now. But in that case, you may need to amend your tax return at a later time.
See also this IRS FAQ.
The IRS announced on February 16, 2022 that most K-3 reporting for 2021 can be delayed until the 2022 tax return filing, but they have not indicated how individual taxpayers should proceed.
This is an extract of the IRS announcement:
"The IRS intends to provide certain additional transition relief for this year from the Schedule K-2 and K-3 reporting for certain domestic partnerships and S corporations with no foreign activities, foreign partners or shareholders, and without knowledge of partner or shareholder need for information on items of international relevance. For 2021, these qualifying domestic partnerships and S corporations will not have to file the new schedules. We are taking this step in response to feedback we received from the tax community and our stakeholders. The IRS will provide full details of this relief soon."
Some are choosing to "uncheck" the box indicating that a K-3 is attached so that you can electronically file now. But in that case, you may need to amend your tax return at a later time.
See also this IRS FAQ.
I am not exempt from filing the K-3. I want to avoid paper filing because it is lengthy and challenging. The IRS states it is available for e-file after 3/20. When will TurboTax update their software?
The IRS website states the K-3 may be filed as a PDF. Is TurboTax going to make this available? This FAQ was posted on Feb. 16, 2022.
James, thank you for following this. I found the following on the IRS website. Do you know if there is a way within Turbo Tax to attach a pdf of the K-3 (1065)?
Currently, there is no ability to upload a PDF file.
I am receiving a 'Page Not Found' message when I click the hyperlink. Is there another link?
When I tried to copy/paste, this web forum said I could not attach a link. I've tried to copy it as text. It is on the page below under item "#7: May these schedules be filed electronically and what is the timeframe?"
irs.gov/businesses/schedules-k-2-and-k-3-frequently-asked-questions-forms-1065-1120s-and-8865
I have a client that has Box 16 checked and no K-3 provided (until maybe August). Line 21 of the K-1 is blank and there is nothing in Lines 20AG and 20AH5. The taxpayer is a domestic filer from NJ.
Do I really need to wait for the K-3 to file his return or can I simply uncheck Box 16 and file?
By unchecking Box 16, would the only downside be that the taxpayer wouldn't get any foreign tax credit, if any?
Patricia,
The schedule K 3 I am waiting for will not come till end of August 31. 2022. I'm not sure if I am required to include it or not when filling. Where on the K 1 does it show it does report foreign activities? Also we can file now without it and amend it later when we receive the schedule K 3?
I have a client that has Box 16 checked and no K-3 provided (until maybe August). Line 21 of the K-1 is blank and there is nothing in Lines 20AG and 20AH5. The taxpayer is a domestic filer from NJ.
Do I really need to wait for the K-3 to file his return or can I simply uncheck Box 16 and file?
By unchecking Box 16, would the only downside be that the taxpayer wouldn't get any foreign tax credit, if any?
Yes, you can still file the return by unchecking the box, but there may have to be an amendment filed when the K-3 is available. The IRS announced on February 15, 2022, that most K2/K3 reporting for 2021 can be delayed until the 2022 tax return filing, but they have not reported how taxpayers should proceed.
Per the IRS:
The IRS intends to provide certain additional transition relief for this year from the Schedule K-2 and K-3 reporting for certain domestic partnerships and S corporations with no foreign activities, foreign partners, or shareholders, and without knowledge of partner or shareholder need for information on items of international relevance. For 2021, these qualifying domestic partnerships and S corporations will not have to file the new schedules. We are taking this step in response to feedback we received from the tax community and our stakeholders. The IRS will provide full details of this relief soon.
@clnewha1
@fred1986
You mention amending the filed return if the K-3 comes out and has info on it. Is it correct to say that the info on the K-3 is used to calculate or adjust a foreign tax credit?
Based on the blank boxes on the K-1, it doesn't appear that the K-1 issuer has any/much foreign info to provide.
Fred
Yes, the K-2 and K-3 info will be related to foreign income and foreign tax.
For 2021, eligible passthrough entities with no foreign activities or foreign partners/shareholders and without knowledge of partner or shareholder need for information on items of international relevance will not have to file the new schedules.
Click this link for more detailed info on Forms K-2 and K-3.
Still not clear to me... For me, box 21 is empty (so are boxes one thru 5)... Box 20 reports A: 11 & AG: 51
If I elect to mark that box 16 is not checked how will I know if I need to amend later?
Thanks!
If you have Schedule K-3 and it doesn't report any foreign activities, you aren't necessarily required to include the K-3 on your return.
Have you tried entering that info with your K-1? Some of the K-1 interview pages now have questions for entering the K-3 info.
But if you e-file now without the K-3 info, wait until you receive your refund or after June 30, 2022, to try amending your return.
How do I tell If my K-1 does not report foreign activities as mentioned below? Is it box H1? Or something else?
Marc Fabbo
Yes, I am not going to get a K3 until August......so at the moment I am thinking I will file with box 16 unchecked and file an amended return later.....I am assuming that the purpose of this is to determine if I get any credit for paying foreign tax....is that correct?