Can the passive loss carryover from my form 1065 K-1 be used to offset the passive gain on my form 1041 K-1?

[gochipgo]

I doubt it, but would hate to miss out on using passive losses from the one that will never have a gain, out of ignorance.

[TaxGuyBill · Accepted solution]

Yes, Passive Loss Carryovers can offset any other Passive Gain, even if it is from a different source.

[gochipgo]

Wow, too good to be true.  Will turbo tax fill it in or do I have to do it?  And if so, how?

[TaxGuyBill]

It should do it automatically (assuming you answer the questions correctly).  It *MIGHT* be tricky to tell TurboTax the 1041 K-1 is passive, but I'm not sure about that.

[gochipgo]

you have truly made my day!

[gochipgo]

the 1041 is an inheritance, that is passive, right?

[gochipgo]

you seem to be in the know so I have another question I am posting about 1099R.  Would you kindly look for it and let me know what you know?

[gochipgo]

I've gone over the questions for the 1041 and there doesn't seem to be a way to let it know it's passive.  There is a place to put prior year disallowed losses.  Can I manually put the ones in from the other K-1?

[TaxGuyBill]

The income on a 1041 isn't necessarily passive.  For example, interest, and many capital gains are not considered as passive income.  Which boxes have amounts in them on the 1041 K-1?

[gochipgo]

1, 2a, 2b, 4a, 5, 12, 14.  Should I have gotten a check for this income?

[TaxGuyBill]

Those boxes are not usually Passive Income.  Sorry.

In most cases, yes.  But not necessarily.  You are taxed from the K-1 for one of two reasons:   (1)  You receive the income, or (2)  You are required to receive the income (either by law or the estate documents or will), even if you have not actually received the income.

[gochipgo]

Thank you so much for your assistance.  I did receive a different amount later.  The estate attorney told me there was no tax due on that though.  I have gotten no explanation for that money either so don't know how to handle it tax wise either.  These people don't seem to comprehend the concept of fiduciary responsibility.   But, that was for the following year. So, I just want to get this k-1 put to bed before I tackle that.  It sounds like I need to pay the tax on the income per the K-1.  thank you again.  you have saved me a great deal of time trying to research this for myself.