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Level 3
September 21, 2019
Solved

K-1 Disposition of Partnership Interest

  • September 21, 2019
  • 5 replies
  • 80 views

I've been struggling to understand the IRS instructions but am totally confused.

Several years ago I purchased a partnership in an oil well joint venture.  It never made any money, went bust last year. I have a Final K-1.

 

My problem is understanding the Basis of partnership interest. Is that simply what I paid for it?  Is the difference between that and the $0 I was paid, ordinary loss, or long-term loss?

 

I'm grateful for any attempt to explain this to me.

    Best answer by

    before reading below see if the partnership in the K-1 package provided you with a supplemental schedule to compute your gain or loss upon disposition

     

    if not then

     

    in box L on k-1 is tax basis box checked?   if so, ending capital account should be $0  but that's not your basis because the partnership will make an adjustment to $0 it out since you are no longer a partner.  in this case use the amount in beginning capital add capital contributed during year  add current year income or subtract current year loss  then subtract the amount , if any, in box 19.  this is your basis for gain or loss

     

    what if some other box is checked? ,  then you have some homework to do - 

     

    what you paid originally for the partnership interest   (probably on 1099-B as cost)

    less all  tax net losses plus all tax net income (this would be items reported in part III but not necessarily all - box 14 - se  earnings does not affect basis , box 16 only the actual foreign taxes would reduce basis, box 17 is only for alternative minimum tax purposes and not regular tax purposes,  finally items in box 20 of which there are too many to tell you which are info items and which affect tax basis)

    plus all tax net profits for same period

    all amounts in box 19 reduce basis 

     

     

    other situations are possible.  what if losses, deductions and distributions exceeded your basis

    well at the point you tax basis became $0 you weren't at risk most likely and losses should have been deducted for those years   or distributions might have resulted in negative basis and if that was the case some or all of those distributions should have been reported as capital gains 

     

     

    the basis on the 1099-B is wrong because brokers never see the K-1 and never reflect adjustments to  basis for the K-1 activity.  so the sale should be in the section basis not reported to IRS.

    5 replies

    Answer
    September 21, 2019

    before reading below see if the partnership in the K-1 package provided you with a supplemental schedule to compute your gain or loss upon disposition

     

    if not then

     

    in box L on k-1 is tax basis box checked?   if so, ending capital account should be $0  but that's not your basis because the partnership will make an adjustment to $0 it out since you are no longer a partner.  in this case use the amount in beginning capital add capital contributed during year  add current year income or subtract current year loss  then subtract the amount , if any, in box 19.  this is your basis for gain or loss

     

    what if some other box is checked? ,  then you have some homework to do - 

     

    what you paid originally for the partnership interest   (probably on 1099-B as cost)

    less all  tax net losses plus all tax net income (this would be items reported in part III but not necessarily all - box 14 - se  earnings does not affect basis , box 16 only the actual foreign taxes would reduce basis, box 17 is only for alternative minimum tax purposes and not regular tax purposes,  finally items in box 20 of which there are too many to tell you which are info items and which affect tax basis)

    plus all tax net profits for same period

    all amounts in box 19 reduce basis 

     

     

    other situations are possible.  what if losses, deductions and distributions exceeded your basis

    well at the point you tax basis became $0 you weren't at risk most likely and losses should have been deducted for those years   or distributions might have resulted in negative basis and if that was the case some or all of those distributions should have been reported as capital gains 

     

     

    the basis on the 1099-B is wrong because brokers never see the K-1 and never reflect adjustments to  basis for the K-1 activity.  so the sale should be in the section basis not reported to IRS.

    OldArchAuthor
    Level 3
    September 22, 2019

    I think that I might need the "For Dummies" version.

    There does not seem to be a schedule provided for use with disposition.

    "Tax basis" is indeed checked in Box L.

     

    Beginning capital account                   20, 042

    Capital contributed during the year

    Current year increase (decrease)       -20,042

    Withdrawal and distributions

    Ending capital account                           0

     

    There is nothing in Box 19.

     

    Would this make my Basis of partnership interest   20,042?  That amount is substantially less than I had originally invested.  I had hoped to be able to use the actual lost investment as the Cost basis, or at least have that calculated into the basis.

     

    Assuming this much is correct, would the loss be "Ordinary loss" rather than "Long-term loss"?

    Level 15
    September 23, 2019

    That implies that the adjusted cost basis is $0.

    Level 3
    June 26, 2020

    Being directed to disposition of partnership interest. The box is checked for a Final K-1 but the interest was not sold or disposed of but rather there was a Corporate Reorganization. I checked "Partnership was discontinued during 2019" but the errors mentioned above appear and the interest was not disposed of I cannot e-file and am in a quandary as to how to proceed other than to mail my return which is a cumbersome endeavor. I received Class A common stock in exchange for the common units in the partnership which is to qualify as a tax deferred exchange. Suggestions?

    This was posted in forum with no answers May 8th under a different heading. July 15th is rapidly approaching!