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selling MLP

It seems that I am double reporting gains of MLP in turbo tax, The gains are reported in my 1099 and then again in K1 statements.  From what i can see the MLP transaction is in both line 7 and line 8 of the 1040.  Has anyone else come across this using turbo tax?

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5 Replies

selling MLP

This is a long-standing bug.

 

In the K-1 interview, when it asks about the details for the sale, you have to avoid letting it calculate any cap gains/losses.  Assuming you have Ordinary Income:

- If AMT isn't an issue, set the sales price = to Ord Income, and use 0 for basis

- If you pay AMT, your Ord Income will have an adjustment.  Enter the Ord Income into each column, then enter its inverse as basis and $0 for sales price (e.g., if $100 for Ord Income, use -100 for basis).

 

If you do this correctly, the next screen will show all 0s for Cap Gain.  This will prevent the K-1 from generating a new 8949 and double reporting the gain.

 

Note that you still need to adjust your basis on the 1099 received from the broker.

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**Note also, I'm not a Tax Preparer/CPA. Just a volunteer, seasoned, TurboTax user.
Use any advice accordingly!

selling MLP

it's a bug in most versions because only in the desktop version in forms mode does it warn about double reporting (just below line 4). pretty sure there's no warning in online versions or using step-by-step in desktop.

 

hope the following helps - total disposition only

 

MLP and PTP reporting k-1 and 8949/1099-B

Enter the k-1 info
Check the PTP box
If total disposition then:
Check final K-1 (s/b marked on actual k-1)
Check sold or otherwise disposed of your entire interest

On the k-1 disposition section for sales price use the ordinary income. It would be reported in box 20AB of K-1 and a column on the sales schedule. Sometimes you’ll see a column with the “751” or the words “Gain subject to recapture as ordinary income” or similar wording on the sales schedule. No 20AB, no column on the sales schedule indicated as ordinary income, then there is no ordinary income. The following is for the k-1 sale section  - not the 8949/schedule D 

 Sales Price = line 20AB (1065 k1) use 0 if box 20AB is missing or zero and no ordinary income column on sales schedule
* Selling expenses = 0
* Basis = 0 (zero – nothing else)
* Gain is computed and should be the same as the sales price.
* Ordinary gain = enter the same amount as the sales price
* Other lines should be zero
This amount flows to form 4797 line 10 and is taxed as ordinary income. This step is necessary, so any suspended passive losses are now allowed assuming complete disposition.

Some do not understand the above. The 1099-B  (capital gain/loss portion) reporting is not done in this section in Turbotax. Doing so will result in reporting the sale twice if you enter the 1099-B info. Also, you will likely get a notice from the IRS about unreported proceeds because of how this sale will appear on the 8949. 

 

Now for the 8949/1099-B Capital gain/loss reporting
The broker’s form is probably coded as B or E – sales proceeds but not cost basis reported to the IRS. This is because the broker does not track the tax basis. It used what you paid or was adjusted due to a merger or acquisition but does not reflect the k-1 activity. 

The correct tax basis is (note that your sales schedule may have a column that reports the adjusted/average tax/cost basis excluding the ordinary income which must be added):
What’s on the sales schedule as purchase price/initial tax basis (usually column 4). it may differ from what you paid originally because of a merger or acquisition. Some of your original cost is allocated to the new security.
There is a column on the sales schedule that says cumulative adjustments to the basis. If it’s positive add it to the cost shown. If it’s negative subtract the amount.
Finally, add the amount of ordinary income reported above.
The result is your corrected cost/tax basis for form 8949 – the capital gain/loss portion.

Note that on some sales schedules, there may be a column with your adjusted basis already computed. To that add the ordinary income. Read the info provided at the top of the schedule about what the columns represent.  

 


Some other things. Look at line 20AB. That number should be added to the ordinary income above for reporting the 199A (qualified business income from the PTP). You don’t have to enter this but then you lose out on a tax deduction = 20% of this amount.

 

 

selling MLP

Thank you, I have been going crazy trying to find the error, because the numbers didn't make sense.  I just deleted the brokage transaction but it changed other numbers.  I will try this morning.

selling MLP

I started reading this post today as I'm having similar issues double reporting. I want to thank you Mike9241 as what you posted was helpful. I do have a follow on question though. Turbo tax is taking past PTP losses (line 5 on Schedule 1) from previous year's K1s and and Other losses (Line 4 on Schedule 1 derived from Form 4797 Sales of Business Property) which is reducing income. Is that normal? I'm assuming Turbotax is getting these numbers from previous tax years when I entered the K1s.

DaveF1006
Expert Alumni

selling MLP

Yes, those losses must be recaptured on a sale of a Master limited partnership. The amount of the gain or loss recognized is the difference between the amount realized and the partner's adjusted tax basis in his partnership interest. 

 

If the losses that are recaptured exceed your basis, then it will reduce your income. It also appears that Turbo Tax is reporting these from your prior tax returns.

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