Final K1 sale also reported on broker's 1099-B

[zombi12]

Hi All,

How can I avoid double tax because Final K1 sale also reported on broker's 1099-B. There are questions/answers about this topic but am still confused with contradict answers. Should I delete the sale on 1099-B to avoid double tax? If I don't then turbotax counts both the gain in 1099-B and K1

Here is my K-1 sale info

• Units sold 136.856
• Sale date 5/6/2022
• Sales proceeds (enter amount from broker’s 1099-B
• Purchase price/initial basic amount 3410
• Cumulative adjustments to basic -397
• Cost basic 3013
• Percentage long term 100%

Here is 1099-B, (cost basic/gain loss not reported to IRS)

[nexchap]

@zombi12 What contradictory information are you seeing?  You avoid the double taxation by:

• Report your cap gain on your 1099-B.  You do this by adjusting the cost basis.  If you have Ord Gain (Gain subject to recapture) reported on your Sales Schedule, then your basis is 3013+the Ord Gain.  If not, its just 3013
• Report everything else on the K-1.  In the sales section, if you don't have Ord Gain you just enter 0 for sales and 0 for basis.  If you do have Ord Gain, you enter it in the sales section (2 values, one regular and one AMT), 0 for sales, and the inverse of the Ord Gain as basis (e.g. if Ord Gain was 100 and 94, you'd enter -100 and -94).

[zombi12]

So, I should not delete 1099-B entry? Some answers say enter everything from K1 sale and delete the entry on 1099-B. 

In this case, you suggest I adjust the cost basic in 1099-B to 3013 (since cost basic in 1099-b not reported to IRS?) and put zero  in all K1 sale interview in turbotax below?

[nexchap]

@zombi12 Do not delete the 1099-B -- just change the cost.  Use all 0 on the screen you displayed.  There are certain cases when deleting the 1099-B can work, but there are many others where bugs in TT will give incorrect tax results.  Best practice is to follow the rules I outlines above.

[zombi12]

@nexchap  Thanks! One more question, aside from final sale info, I also have the regular K1 info that I received and filed every year. Should I enter these info as well? or any different calculations for final K1 that I need to adjust? 

 

[nexchap]

You enter the K-1 as normal.

[zombi12]

Thank a bunch!

[Mike9241]

you sold a publicly traded partnership. the broker does not track your tax basis so the cost on the 1099-B is wrong. with the k-1 you got a supplementary sales worksheet that shows your correct tax basis or provides amounts to compute it and your correct capital gain. you can not report the capital gain/loss portion through the k-1. that's because it will be coded as proceeds not reported to the IRS so when the IRS compares the proceeds reported by the broker to the proceeds you show were reported by the broker there will be a mismatch. 

i don't know if there is a column that shows ordinary income on that sales schedule.

if there is you report only that through the k-1 sale info  that's the sales price and the ordinary income which will flow to form 4797

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so for the 8949 because the cost basis was not reported to the IRS just change it to what you compute using the sales worksheet. if there is ordinary income reported ina separate column that get's dd to your tax basis. read the columns carefully.  some do all the math for you others do not and you don't what to be reporting the wrong capital gain /loss

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complete summary of how to do this

MLP and PTP reporting k-1 and 8949

Please follow these instructions. Incorrect entries can result in entering the sale twice or otherwise incorrectly. Also see the sales schedule that was included with the k-1

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

On the k-1 disposition section for sales price use the ordinary income (sometimes you’ll see a column with the “751” or the words “Gain subject to recapture as ordinary income”. This info comes from the supplemental sales schedule that should have been provided. Its also now on the k-1 box 20AB - no 20AB then this sales price is zero
Cost is zero
Ordinary income is the sales price.
This info flows to form 4797 line 10 and is taxed as ordinary income. This step is necessary so any suspended passive losses are now allowed

Now for the 8949.
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 originally which is not correct.

The correct tax basis is:
What you paid originally, should be the same as what is on 1099-B as cost,
Then there is a column on the sales schedule that says "cumulative adjustment to basis". If it’s positive add it to the original cost. If it’s negative subtract the amount.
Finally add the amount of ordinary income reported above, if any.
The result is your corrected cost basis for form 8949.

Some other things. Look at lines 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.

[zombi12]

@Mike9241 

@nexchap 

Thank all. I followed the advices and adjust the cost basic in 1099-B and blank out all Turbotax interview columns for K1 sale(image above).

My K1 sale does not have anything about ordinary income. There is $4 in K1 line 20 A (investment income) which I already entered as part of K1 info( image above). Should I worry about that?

Here is my K1 sale page

[nexchap]

@zombi12 Not all PTPs report Ord Income.  Nothing to worry about.

[rona11]

Thank you very much for teh very informative instructions.

I am following this to report my complete disposition of MMP units. On the final K-1 sale schedule, I got $3804 for "GAIN SUBJECT TO RECAPTURE AS ORDINARY INCOME" on column 7. I also see line 20AB of $3804 and I entered it as part of K-1. I followed the procedures advised here to report the adjusted cap gain and ordinary income. Everything seems all correct, except the $3804 ordinary income does not show up as QBI in Form 8995  (only $28 which is in box-1 and line 20V shows up in form 8995). In the K-1 sale schedule explanation, it also says the column 7 (ordinary income) is "considered qualified PTP income for 199A". Wondering if I miss something. BTW I did not find the interview question about Final K-1, and not sure that has any impact. Appreciate the comment/help here.  

[nexchap]

@rona11 Final K-1 won't show up as a question, but if you check "This partnership ended" and then "complete disposition" it will get checked off.  You can verify this by looking at the Form itself.

On QBI, TT doesn't do anything with the 20AB info automatically.  When you get to the section of the interview that asks about 199A income, you'll enter that info again (actually twice):  you'd put the Ord Income on the "Other Income (loss)" line, and then again on the "Total ordinary Form 4797 gain(loss) included above" line.

[rona11]

@nexchap Thank you so much for the instructions. It really works! Now I can see the QBI showing up on Form 8995. I attached a screenshot of what I did. Just to make sure I did the right thing.

May I ask one more question: as part of the sale schedule (about the ordinary income), my K-1 says "... Lastly, attach an IRC Section 751 Statement to your return showing the date, the amount in Column 7, and the capital gain or loss for each sale". I am wondering if TT will support the generation of such a statement? if not any place I can find a sample/template I can use?  

Thank you very much, once again

[nexchap]

@rona11 The data entry looks fine.  For the IRC statement, all TT provides is a "Blank Form" in forms mode.  You can use that to enter the statement, but it doesn't get used for efiling:  you;'ll have to mail your return in.

[rona11]

@nexchap @Mike9241 I just realized one more issue and would appreciate your input: I hold the PTP units (in this case MMP) between (Jan 2022 - May 2023), during the period I received quarterly distributions of  $2401 in total, which matches the 2022 K-1 (box 19A: $1560) and 2023 K-1 (box 19A $840). However in the final K-1 sale schedule, I was told to report $3804 of recaptured ord. income. There is quite a gap between these numbers ($2400 received vs $3804 to report as ord. income). I know K-1 numbers are not always following the actual distributions, but is it normal/reasonable to have a such big discrepancy? (BTW, cost base adjustment in the sales schedule if $3380, in case it's relevant)