Hello. I own all of an S corporation. It got a 1099-MISC for royalties on a book I wrote. Writing is part of what the S corporation does as a business. Must the royalty amount be entered on form 1120-S schedule K box 6 as a royalty? Or because it came from the S corporation’s business, can it be included in ordinary business income? Do I have a choice? I ask because all of the S corporation’s ordinary business income will be QBI on my personal tax return. Thank you!
You'll need to sign in or create an account to connect with an expert.
Royalties reported on Line 1, ordinary income, or on Line 6 of Schedule K-1 can still be included in QBI.
Click this link for resources about the Qualified Business Income Deduction.
See excerpts from Form 1120-S Instructions below:
Per the 2019 IRS Instructions for Form 1120-S
page 9: Portfolio Income: Generally, portfolio income includes all gross income, other than income derived in the ordinary course of a trade or business, that is attributable to interest; dividends; royalties; income from a real estate investment trust, a regulated investment company, a real estate mortgage investment conduit, a common trust fund, a controlled foreign corporation, a qualified electing fund, or a cooperative; income from the disposition of property that produces income of a type defined as portfolio income; and income from the disposition of property held for investment.
See Self-Charged Interest, later, for an exception.
Solely for purposes of the preceding paragraph, gross income derived in the ordinary course of a trade or business includes (and portfolio income, therefore, doesn't include) the following types of income.
• Interest income on loans and investments made in the ordinary course of a trade or business of lending money.
• Interest on accounts receivable arising from the performance of services or the sale of property in the ordinary course of a trade or business of performing such services or selling such property, but only if credit is customarily offered to customers of the business.
• Income from investments made in the ordinary course of a trade or business of furnishing insurance or annuity contracts or reinsuring risks underwritten by insurance companies.
• Income or gain derived in the ordinary course of an activity of trading or dealing in any property if such activity constitutes a trade or business (unless the dealer held the property for investment at any time before such income or gain is recognized).
• Royalties derived by the taxpayer in the ordinary course of a trade or business of licensing intangible property.
• Amounts included in the gross income of a patron of a cooperative by reason of any payment or allocation to the patron based on patronage occurring with respect to a trade or business of the patron.
• Other income identified by the IRS as income derived by the taxpayer in the ordinary course of a trade or business.
page 13: Line 1a. Gross Receipts or Sales Enter on line 1a gross receipts or sales from all business operations except for amounts that must be reported on lines 4 and 5.
page 24:Line 6. Royalties Enter the royalties received by the corporation. Schedule K-1. Enter each shareholder's pro rata share of royalties in box 6 of Schedule K-1.
page 38: QBI may also include rental income or losses or royalty income, if the activity rises to the level of a trade or business, or is a qualified trade or business for purposes of section 199A
Thank you, Kathryn, most sincerely.
So just to be clear, please, the S corporation must report the 1099-MISC royalty amount on the S corporation's form 1120-S schedule K box 6 as a royalty?
Reading only the highlighted text, I read it thusly:
“Solely for purposes of the preceding paragraph, gross income derived in the ordinary course of a trade or business includes (and portfolio income, therefore, doesn't include) the following types of income……royalties derived by the taxpayer in the ordinary course of a trade or business of licensing intangible property.”
So royalties reported on line 1, ordinary income, or on line 6 of Schedule K-1 can still be included in QBI.
Thank you, James.
I'm just still stuck on whether the S Corporation has any discretion as to how to report the 1099-MISC royalty amount. Must the S corporation enter the royalty on form 1120-S in box 6 of schedule K as a royalty? Or can it just be mashed in with ordinary business income?
Enter the royalty as a royalty ... remember the IRS also gets a copy of the 1099 and if it is not reported as expected you could confuse them unnecessarily and get you an IRS letter for no reason.
Thank you, Critter. Of course your good suggestion makes sense.
And thanks to all of you for your intelligent remarks on my situation. I appreciate it sincerely.
Still have questions?
Questions are answered within a few hours on average.
Post a Question*Must create login to post
Ask questions and learn more about your taxes and finances.
DIY79
New Member
Ian B
New Member
mjlresources
New Member
RADSEATTLE
New Member
mrpuddington
Level 2