I have an ordinary loss reported to me on a k-1. I do not materially participate in this partnership and TurboTax thinks my losses are therefore passive. However, per the footnotes and instructions in the k-1, the partnership considers itself a trader for federal income tax purposes. The k-1 says that NONE of the distributive share items reported on schedule k-1 are considered as derived from a passive activity. Therefore, I am able to record a loss from this partnership on schedule E. However, since I indicate in TurboTax that I do not materially participate, TurboTax thinks this income is passive and will not put the loss on Schedule E. How do I get TurboTax to put the ordinary loss on Schedule E, Part II, Column (i)?
TurboTax has not made a determination that the income itself is passive, but rather your lack of material participation in the venture makes it passive income. Even if the income is not passive, if you don't materially participate in the business, it is considered passive income to you.
Thank you for the reply. This kind of makes sense to me except for the specific language in the k-1. It clearly states that "None of the distributive share items reported on schedule k-1 are considered as derived from a passive activity." It also says that the k-1 was prepared on the basis of a partner who does not materially participate. If this is the case, why does it say non of the items reported on the k-1 are considered derived from a passive activity?