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Level 2
posted Mar 20, 2023 2:59:06 PM

IRS Recommendations for Schedule K-3 for 2022?

I am in a similar situation as this post. I have received a schedule K-1 for a futures commodities ETF (SOYB and TAGS) that I hold. Box 16 (Schedule K-3 is attached if checked) is checked but won't get the K-3 till June or later. I see that IRS had certain exceptions in 2021. Is there any update for how to navigate through this in 2022? I see here that there is an exemption recommendation saying

 

New exception to completing Schedule K-3.
Under a new exception, in certain cases, partnerships with no or limited foreign activity are not required to furnish Schedule K-3 to you for tax years beginning in 2022.

 

How do I find out if I am eligible for this exception? Schedule K-1 -> Part III -> Line 21 for "Foreign Taxes paid or accrued" is empty. Is that sufficient info for assuming exemption?

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3 Replies
Expert Alumni
Mar 20, 2023 3:16:25 PM

You are not eligible for that exception - the issuer of your Schedule K-1 may be, but if they were you would have received a notice that they were filing for the exception not that your K-3 would be delayed.

 

I do not advise you to file the return without the K-3 information unless you are certain it will be blank.  The Foreign Taxes paid or accrued box being empty does not guarantee the K-3 will be blank.

 

If you have not filed the return and do not have key indicators to file your return without the K-3 I recommend filing for an extension and completing your return when you receive it.  If you have already filed, you should wait until you receive the K-3 and then amend your return. 

Level 2
Mar 20, 2023 4:30:15 PM

Sounds good. Filing for an extension still requires upfront payment of the expected tax due. I can calculate that using TurboTax with or without the available K-1 information? I am inclined towards the former (after unchecking box 16 and proceeding) as it will help in minimizing any future penalties, if any. Thoughts?   

Expert Alumni
Mar 22, 2023 8:40:35 AM

Entering all of the information that you have currently should give you a pretty good approximation of the tax due.  That seems like a good way to go.

 

@dushdhyani