Schedule K-1

[russ575]

The multi-member LLC of which I am a member reports a distribution to me on Schedule K-1 for 2021, but none of that distribution was actually paid to me until 2022. Am I correct in thinking I should not report it as 2021 income?

[Mike9241]

distributions aren't taxable unless they reduce your tax basis below zero. however, they do reduce your tax basis it is likely the LLC issued payments in 2021 like maybe on 12/31 which makes them count as received in 2021 though the USPS didn't deliver them til 2022. if they don't result in taxable income due to basis limits, the year is irrelevant.

[russ575]

Thank you for your reply, but my confusion remains.  To clarify, the situation is that the LLC's K-1 falsely claims that the distribution was made in 2021, but my check for the distribution was not even written until January 22, 2022.  Therefore, notwithstanding that the LLC claims to have made the distribution in 2021, it was not not actually distributed until 2022, so should I falsely report it to the IRS as income I received in 2021 or truthfully report it as income I received in 2022?

[AliciaP1 · Accepted solution]

As @Mike9241 stated, the distribution is not income to you unless it exceeds your basis in the LLC and then, only the excess distribution is income.  If this was the case, your K-1 would reflect the distribution and the excess as a taxable 

The distribution paid in January of 2022 is properly reported on your 2021 Schedule K-1 if the LLC calculated and accrued distributions in 2021, even if it was on 12/31/21.

You are not falsely reporting the distribution as it is reported on your 2021 K-1.

[russ575]

Thank you.  That is exactly the clarification I needed.