- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
How to merge passive losses in MLP merger?
In 2018 I owned two oil and gas Master Limited Partnerships (ETE and ETP). Both are publicly traded. During 2018 they merged into a new entity ET. I have checked the "Final K-1" in for ETE and ETP. Do I also check the "Partnership discontinued during 2018" box or one of the other choices? And more importantly, how to I get my deferred passive losses moved from ETE and ETP over to ET?
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
On entering ETP and ETE you'd select "This partnership ended..." and then "Disposition was not via a sale". This will allow you to enter the K-1 as you normally would, but will leave the passive losses suspended.
As for merging, the simplest way is to wait until next year. When you're completing the K-1 for ET (or for ETP since its still broken out by ET) you'll get to the question about suspended losses from last year. Edit this entry to be the sum of whatever TT automatically brought over, and what you need to merge.
Note that next year TT will import ETP and ETE again, but you can delete those entries once you've grabbed the suspended losses from them.
One other option, that works only for ETP: ETP continues to exist, and is broken out by ET, so you'll still have an ETP K-1 in TT. If the FEIN hasn't changed, you could simply add the values supplied by ETP (on your final K-1) and by ET (for the ETP sub-K-1) together, and keep processing ETP as normal.
**Note also, I'm not a Tax Preparer/CPA. Just a volunteer, seasoned, TurboTax user.
Use any advice accordingly!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
I've had ETP for several years, and from year to year the PTPs change, and the activities for each PTP change, so when TT imports the K-1s from my previous year's return, it often will not match what needs to be entered for the current year. For instance, in 2016 my ETP MLP resulted in seven K-1s being created in TT: three separate K-1s for ETP as it had activity in box 1, 2, and 3; one K-1 for Sunoco Logistics (SXL); two K-1s for Sunoco LP (SUN); and one K-1 for PennTex Midstream Partners (PTXP). However, in 2017, my ETP MLP no longer had Sunoco (SUN) as a PTP, nor did it have any activity in box 2 for ETP, so three of the K-1s from my 2016 return were not not part of my 2017 return, and two of those K-1s had suspended losses to carry forward. And now from my 2017 return, TT has imported the K-1 for SXL and PTXP which are no longer part of the ETP MLP, and both have suspended losses to carry forward.
How do I carry forward the suspended losses from the PTPs that no longer exist within the ETP MLP? And if passive losses can only be offset by passive gains within the same PTP, then what happens to those losses when the PTP is no longer a part of the larger entity? Can I adjust the suspended loss in the final ETP K-1 for 2018 to reflect the losses from the SXL and PTXP PTPs carried forward from 2017 even though they are from completely separate PTPs? Any help would be appreciated!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
On PTXP, it depends on what ETP did with them. If they were absorbed like SXL, the handling is the same. But if ETP simply divested the stake in 2017 then that should have been a complete disposition from your end back in 2017.
For a different case, ET has now absorbed ETP BUT has kept ETP alive as an ongoing entity. In this case, the ETP passive losses from its standalone days just stay with it under the ET umbrella, since PTP continues to stand as a legal entity..
Finally, in the case where SUN was part of ETP in 2016, but not in 2017, handling could happen a few ways depending on what specific information ETP provided in their K-1 package about the disposition (they'll explain it there or with the reps at taxpackagesupport) AND whether you own SUN outside of ETP. If for example, ETP sold their SUN stake and you don't own it anywhere else, that would qualify as a complete disposition of SUN.
**Note also, I'm not a Tax Preparer/CPA. Just a volunteer, seasoned, TurboTax user.
Use any advice accordingly!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
One last question: If I adjust the passive loss suspended for the K-1s that TT pulled in from my 2017 return, and I indicate that these are "final" K-1s (there are two K-1s for ETP and one for USAC - both of which appear to be continued as separate entities in the ET MLP tax package), can I also adjust the suspended losses in the K-1s created for both ETP and USAC under the ET umbrella this year so that the numbers will be imported correctly next year when I begin my 2019 tax returns? This way, my 2018 tax return will still contain K-1s for those entities being reported as "final" and "disposition was not via sale". And I won't have to remember next year to adjust the numbers if I already have the numbers corrected in the new ETP and USAC K-1s.
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
On the first question, I've found it easier to combine suspended losses in the following year because there's a very clear spot in the interview where it asks for input (do you have prior year losses), there's no overrides necessary to do it there, and I can't delete the K-1 for the PTP that's going away this year anyway. So its going to be there next year when TT inports it, and I'll still have to remember what to do with its passive losses.
There's probably some way to handle it this year without causing problems, but I haven't looked for it. I just put a note into my "next year" tax file about the need to make the combination.
**Note also, I'm not a Tax Preparer/CPA. Just a volunteer, seasoned, TurboTax user.
Use any advice accordingly!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
As for the first question about combining the suspended losses, I will take your advice and get all my numbers adjusted for the "final" K-1s that I enter for ETP and USAC and wait till next year to combine them with those same entities under the ET umbrella. I sure wish this wasn't so complicated, but I am so grateful for your help! Thank You!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
As for where SUN went in 2017, I'm not sure what's correct. ETP didn't report it, but SUN (Sunoco LP) still exists as a ongoing concern (and also shows up in the 2018 ET K-1). So merging it with ETP may be correct, or the only thing that makes sense given the lack of info, but you may want to contact taxpackagesupport, or investor relations for ET, to see if they can tell you if it was combined or sold.
**Note also, I'm not a Tax Preparer/CPA. Just a volunteer, seasoned, TurboTax user.
Use any advice accordingly!
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
My TT doesn't have the option on K-1 Info worksheet 2 under Part II to enter "Disposition was not via a sale" So what do I do?
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
in 2022 one of my MLP merged into another how do I treat this so my passive losses flow into the new MLP
Ralp [phone number removed]
[email address removed]
- Mark as New
- Bookmark
- Subscribe
- Subscribe to RSS Feed
- Permalink
- Report Inappropriate Content
Investors & landlords
For 2022 you will report your "old" MLP as normal with the passive activity losses attached to it and the Schedule K-1 needs to be marked This partnership ended in 2022 and Disposition was not via a sale. Then enter the Schedule K-1 for the "new" MLP partnership but do not report any carryover losses for it in 2022. When you prepare your 2023 tax return (next tax season) you will delete the "old" MLP Schedule K-1 and only enter the "new" one but report the carryover losses that remained from 2022 here.
**Mark the post that answers your question by clicking on "Mark as Best Answer"