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If I do the work around like you just said, will it be a problem if in past years it was reported as non passive and now as passive? Shouldn't TT have put me in the right category, ie asked the question, without my having to do this work around? We should have caught it in past years, but relied on TT to do it correctly.

That being said, I remember reading somewhere on the IRS website that at the moment guaranteed payments including those for the use of capital are considered non passive. Correct me if I'm wrong.