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TurboTax says Schedule K-3 will be available in a future release. When will that be?

TurboTax is also interpreting the IRS notice of "...additional relief for certain partnerships preparing schedules K-2 and K-3 for 2021" (https://www.irs.gov/newsroom/irs-provides-further-details-on-additional-relief-for-certain-partnersh...) more broadly than the IRS guidelines warrant.

 

A deeper read of the official IRS notice (https://www.irs.gov/pub/irs-drop/n-21-39.pdf) reveals language indicating Schedule K-2/K-3 filing relief only applies in certain circumstances. In that document, the terms of relief are laid out in section 3, starting on page 7. Only partnerships or S corporation that meet those terms are eligible for relief. Clearly, many partnerships and S corporations are not eligible for relief and are required to file the K-2/K-3 forms. 

 

Also, the additional IRS exception notice (the above link) stipulates 4 requirements that must be met to qualify. If those requirements can't be met, the partnership is required to submit the form/s. It further states:

 

"However, if the partnership or S corporation is subsequently notified by a partner or shareholder that all or part of the information contained on Schedule K-3 is needed to complete their tax return, then the partnership or S corporation must provide the information to the partner or shareholder. If a partner or shareholder notifies the partnership or S corporation before the partnership or S corporation files its return, the conditions for the exception are not met and the partnership or S corporation must provide the Schedule K-3 to the partner or shareholder and file the Schedules K-2 and K-3 with the IRS."

 

If you received a Schedule K-2 or K-3 it seems likely the partnerships or S corporations determined they did not qualify for relief and were required to file.

 

Furthermore, I have seen no language from the IRS stipulating that if an individual partner receives a Schedule K-2 or K-3 they are exempt from filing for the 2020 tax year. On the contrary, based on the language in the IRS relief notice, it seems likely, that if you received the schedule/s, that you are required to make a "good faith" effort to file. 

 

To be clear, I'm not a tax expert, but that's my take.

 

What I suspect is the folks at TurboTax have chosen to interpret the terms of the IRS "relief" liberally. That may work for most tax filers, but it's a punt for those of us who received the K-2/3 schedules and leaves us exposed to a potential penalty. That's not responsible behavior on the part of TurboTax.

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