Professional Documents
Culture Documents
Paperwork Reduction Act Notice. We ask for the information on this form to carry Contents Page
out the Internal Revenue laws of the United States. You are required to give us the Specific Instructions . . . . . . . 11
information. We need it to ensure that you are complying with these laws and to allow
General Information . . . . . . . . 11
us to figure and collect the right amount of tax.
Part I—Taxable Income or Loss
You are not required to provide the information requested on a form that is subject
From Passive Loss Limitation
to the Paperwork Reduction Act unless the form displays a valid OMB control number.
Activities . . . . . . . . . . . . 12
Books or records relating to a form or its instructions must be retained as long as their
contents may become material in the administration of any Internal Revenue law. Part II—Taxable Income or Loss
Generally, tax returns and return information are confidential, as required by section From Other Activities . . . . . . 16
6103. Schedule A—Cost of Goods Sold 17
The time needed to complete and file this form and related schedules will vary Schedule B—Other Information . . 17
depending on individual circumstances. The estimated average times are: Schedule D—Capital Gains and
Copying, Losses . . . . . . . . . . . . . 18
assembling,
and sending the
Schedules K and K-1—Partners'
Learning about the form Shares of Income, Credits,
Form Recordkeeping law or the form Preparing the form to the IRS Deductions, etc. . . . . . . . . 20
1065-B 45 hr., 21 min. 18 hr., 56 min. 29 hr., 57 min. 2 hr., 41 min. Specific Instructions for Schedules
Schedule D K and K-1 . . . . . . . . . . . . 21
(Form 1065-B) 13 hr., 9 min. 2 hr., 5 min. 2 hr., 23 min.
Analysis of Net Income (Loss) . . 28
Schedule K-1
(Form 1065-B) 9 hr., 5 min. 7 hr., 26 min. 11 hr., 38 min. Schedule L—Balance Sheets . . . 28
Schedule L Schedule M-1—Reconciliation of
(Form 1065-B) 15 hr., 47 min. 12 min. 28 min. Income (Loss) per Books With
Schedule M-1 Income (Loss) per Return . . . 29
(Form 1065-B) 3 hr., 21 min. 12 min. 16 min. Schedule M-2—Analysis of Partners'
Schedule M-2 Capital Accounts . . . . . . . . 29
(Form 1065-B) 2 hr., 52 min. 6 min. 9 min.
Codes for Principal Business Activity
If you have comments concerning the accuracy of these time estimates or and Principal Product or Service 30
suggestions for making these forms simpler, we would be happy to hear from you. You
can write to the Tax Forms Committee, Western Area Distribution Center, Rancho Changes To Note
Cordova, CA 95743-0001. DO NOT send the tax form to this address. Instead, see
Where To File on page 3. The Tax Relief Extension Act of 1999
changed the definition of a capital asset,
modified the treatment of gains from
Contents Page Contents Page constructive ownership transactions,
Administrative Adjustment Requests 5 repealed the use of the installment
Changes To Note . . . . . . . . . . 1 method for certain taxpayers, and limited
Photographs of Missing Children . . 1 Other Forms That May Be Required 5 the use of the nonaccrual experience
Unresolved Tax Problems . . . . . 2 Attachments . . . . . . . . . . . . 6 method of accounting. See Pub. 553,
Overview . . . . . . . . . . . . . 6 Highlights of 1999 Tax Changes, for
How To Get Forms and Publications 2
Separately Stated Items . . . . . 6 details on these and other changes.
General Instructions . . . . . . . . 2
Limitations . . . . . . . . . . . . 7
Purpose of Form . . . . . . . . . 2
Elections Made by the Partnership 7 Photographs of Missing
Electing Large Partnership Status 2 Children
Elections Made by Each Partner . 7
Definitions . . . . . . . . . . . . . 2
Partner's Dealings With Partnership 7 The Internal Revenue Service is a proud
Termination of the Partnership . . 3 partner with the National Center for
Contributions to the Partnership . 7
When To File . . . . . . . . . . . 3 Missing and Exploited Children.
Dispositions of Contributed Property 7
Where To File . . . . . . . . . . . 3 Photographs of missing children selected
Recognition of Precontribution Gain by the Center may appear in instructions
Who Must Sign . . . . . . . . . . 3 on Certain Partnership Distributions 8
Interest and Penalties . . . . . . . 3 on pages that would otherwise be blank.
Unrealized Receivables and Inventory You can help bring these children home
Accounting Methods . . . . . . . 4 Items . . . . . . . . . . . . . . 8 by looking at the photographs and calling
Accounting Periods . . . . . . . . 4 Activities of Electing Large 1-800-THE-LOST (1-800-843-5678) if you
Rounding Off to Whole Dollars . . 5 Partnerships . . . . . . . . . . 8 recognize a child.
Recordkeeping . . . . . . . . . . 5 Special Reporting Requirements . 9
Cat. No. 25982P
Unresolved Tax Problems CD-ROM made and all later tax years and cannot
be revoked without IRS consent.
Most problems can be resolved with one Order Pub. 1796, Federal Tax Products
on CD-ROM, and get: To make the election, the partnership
contact by calling, writing, or visiting an must have had 100 or more partners
IRS office. But if the partnership has tried ● Current year forms, instructions, and
during the preceding tax year. Thus, a
unsuccessfully to resolve a problem with publications.
partnership cannot make the election for
the IRS, it should contact the Taxpayer ● Prior year forms, instructions, and
its first tax year. The number of partners
Advocate's office. The partnership will be publications. is determined by counting only persons
assigned a personal advocate who is in ● Popular tax forms that may be filled in directly holding partnership interests,
the best position to try to resolve the electronically, printed out for submission, including persons holding through
problem. and saved for recordkeeping. nominees. Service partners are not
Contact the Taxpayer Advocate if the ● The Internal Revenue Bulletin. counted as partners for this purpose.
partnership: Service partners are those partners who
Buy the CD-ROM on the Internet at
● Is suffering or about to suffer a
www.irs.gov/cdorders from the National perform substantial services in connection
significant hardship. Technical Information Service (NTIS) for with the partnership's activities or who
● Is facing an immediate threat of $16 (plus a $5 handling fee) and save have performed such services in the past.
adverse action. 30%, or call 1-877-CDFORMS Service partnerships are not eligible to
● Will incur significant costs if relief is not (1-877-233-6767) toll free to buy the make the election if substantially all of the
granted (including fees for professional CD-ROM for $23 (plus a $5 handling fee). partners are:
representation). ● Individuals performing substantial
● Has experienced a delay of more than 1-800-TAX-FORM (1-800-829-3676). You owner-employees performing the
30 calendar days to resolve a tax problem can also get most forms and publications services.
or inquiry. at your local IRS office. ● Retired partners who had performed the
income, social security, and Medicare income (for income as a whole or for any 444 to have a tax year other than a
taxes that must be collected or withheld material item) only by getting consent on required tax year by filing Form 8716,
are not collected or withheld, or these Form 3115, Application for Change in Election to Have a Tax Year Other Than
taxes are not paid. These taxes are Accounting Method. For more information, a Required Tax Year. For a partnership
generally reported on: see Pub. 538, Accounting Periods and to have this election in effect, it must
● Form 720, Quarterly Federal Excise
Methods. make the payments required by section
Tax Return; 7519 and file Form 8752, Required
Mark-to-Market Accounting Method Payment or Refund Under Section 7519.
● Form 941, Employer's Quarterly for Dealers in Securities
Federal Tax Return; A section 444 election ends if a
Generally, dealers in securities must use partnership changes its accounting period
● Form 943, Employer's Annual Tax
the “mark-to-market” accounting method to its required tax year or some other
Return for Agricultural Employees; or described in section 475. Under this permitted year or it is penalized for
● Form 945, Annual Return of Withheld method, any security that is inventory to willfully failing to comply with the
Federal Income Tax. the dealer must be included in inventory requirements of section 7519. If the
The trust fund recovery penalty may be at its fair market value (FMV). Any termination results in a short tax year,
imposed on all persons who are security that is not inventory and that is type or legibly print at the top of the first
determined by the IRS to have been held at the close of the tax year is treated page of Form 1065-B for the short tax
responsible for collecting, accounting for, as sold at its FMV on the last business year, “SECTION 444 ELECTION
TERMINATED.”
Page 4 Instructions for Form 1065-B
To change an accounting period, see Other Forms That May Be income, including amounts that are not
Pub. 538 and Form 1128, Application To actually distributed. Withholding on
Adopt, Change, or Retain a Tax Year Required amounts not previously distributed to a
(unless the partnership is making an ● Forms W-2 and W-3, Wage and Tax foreign partner must be made and paid
election under section 444). Statement; and Transmittal of Wage and over by the earlier of (a) the date on which
Note: Under the provisions of section Tax Statements. Schedule K-1 is sent to that partner or (b)
584(h), the tax year of a common trust the 15th day of the 3rd month after the
● Form 720, Quarterly Federal Excise
fund must be the calendar year. end of the partnership's tax year. For
Tax Return. Use Form 720 to report more information, see sections 1441 and
environmental excise taxes, 1442 and Pub. 515, Withholding of Tax
Rounding Off to Whole communications and air transportation on Nonresident Aliens and Foreign
Dollars taxes, fuel taxes, luxury tax on passenger Corporations.
vehicles, manufacturers' taxes, ship
You may round off cents to whole dollars passenger tax, and certain other excise
● Form 1096, Annual Summary and
on your return and accompanying taxes. Transmittal of U.S. Information Returns.
schedules. To do so, drop amounts under ● Form 1098, Mortgage Interest
50 cents and increase amounts from 50 Caution: See Trust Fund Recovery
Penalty on page 4. Statement. Use this form to report the
to 99 cents to the next higher dollar. receipt from any individual of $600 or
● Form 926, Return by a U.S. Transferor
more of mortgage interest and points in
Recordkeeping of Property to a Foreign Corporation. Use the course of the partnership's trade or
this form to report certain information business for any calendar year.
The partnership must keep its records as required under section 6038B.
● Forms 1099-A, B, INT, LTC, MSA,
long as they may be needed for the ● Form 940 or Form 940-EZ, Employer's
administration of any provision of the MISC, OID, R, and S. You may have to
Annual Federal Unemployment (FUTA) file these information returns to report
Internal Revenue Code. The partnership Tax Return. The partnership may be liable
usually must keep records that support acquisitions or abandonments of secured
for FUTA tax and may have to file Form property; proceeds from broker and barter
an item of income, deduction, or credit on 940 or 940-EZ if it paid wages of $1,500
the partnership return for 3 years from the exchange transactions; interest
or more in any calendar quarter during the payments; payments of long-term care
date the return is due or is filed, calendar year (or the preceding calendar
whichever is later. It also must keep and accelerated death benefits;
year) or one or more employees worked miscellaneous income payments;
records that verify its basis in property for for the partnership for some part of a day
as long as they are needed to figure the distributions from a medical savings
in any 20 different weeks during the account; original issue discount;
basis of the original or replacement calendar year (or the preceding calendar
property. distributions from pensions, annuities,
year). retirement or profit-sharing plans, IRAs,
The partnership should also keep ● Form 941, Employer's Quarterly
copies of all returns it has filed. They help insurance contracts, etc.; and proceeds
Federal Tax Return. Employers must file from real estate transactions. Also, use
in preparing future returns and in making this form quarterly to report income tax
computations when filing an amended certain of these returns to report amounts
withheld on wages and employer and that were received as a nominee on
return. employee social security and Medicare behalf of another person.
taxes. Agricultural employers must file For more information, see the
Administrative Adjustment Form 943, Employer's Annual Tax Return Instructions for Forms 1099, 1098, 5498,
Requests for Agricultural Employees, instead of and W-2G.
Form 941, to report income tax withheld
To correct an error on a Form 1065-B and employer and employee social Important: Every partnership must file
already filed, file Form 8082, Notice of security and Medicare taxes on Forms 1099-MISC if, in the course of its
Inconsistent Treatment or Administrative farmworkers. trade or business, it makes payments of
Adjustment Request (AAR). Generally, rents, commissions, or other fixed or
an adjustment to a partnership item Caution: See Trust Fund Recovery determinable income (see section 6041)
requested on Form 8082 will flow through Penalty on page 4. totaling $600 or more to any one person
● Form 945, Annual Return of Withheld
to the partners and be taken into account during the calendar year.
in determining the amount of the same Federal Income Tax. Use this form to
report income tax withheld from
● Form 5471, Information Return of U.S.
item for the partnership tax year in which Persons With Respect to Certain Foreign
the IRS allows the adjustment. If the nonpayroll payments, including pensions,
annuities, IRAs, gambling winnings, and Corporations. A partnership may have to
income, deductions, credits, or other file Form 5471 if it (a) controls a foreign
information provided to any partner on backup withholding.
corporation; or (b) acquires, disposes of,
Schedule K-1 are incorrect under section Caution: See Trust Fund Recovery or owns 5% or more in value of the
704 in the partner's distributive share of Penalty on page 4. outstanding stock of a foreign corporation;
any partnership item shown on Form ● Forms 1042 and 1042-S, Annual
or (c) owns stock in a corporation that is
1065-B, file an amended Schedule K-1 Withholding Tax Return for U.S. Source a controlled foreign corporation for an
(Form 1065-B) for that partner with the Income of Foreign Persons; and Foreign uninterrupted period of 30 days or more
Form 8082. Also give a copy of the Person's U.S. Source Income Subject to during any tax year of the foreign
amended Schedule K-1 to that partner. Withholding. Use these forms to report corporation, and it owned that stock on
A change to the partnership's Federal and send withheld tax on payments or the last day of that year.
return may affect its state return. This distributions made to nonresident alien ● Form 5713, International Boycott
includes changes made as a result of an individuals, foreign partnerships, or Report, is used by persons having
examination of the partnership return by foreign corporations to the extent such operations in, or related to, a “boycotting”
the IRS. For more information, contact payments or distributions constitute gross country, company, or national of a
the state tax agency for the state in which income from sources within the United country, to report those operations and
the partnership return is filed. States that is not effectively connected figure the loss of certain tax benefits. The
with a U.S. trade or business. A domestic partnership must give each partner a copy
partnership must also withhold tax on a of the Form 5713 filed by the partnership
foreign partner's distributive share of such
A partner may not treat as separate not qualify for the section 613A
activities those activities grouped together percentage depletion deduction. See These instructions follow the line numbers
by a partnership. section 613A(d)(2) and (4). on Form 1065-B. The accompanying
● Any other person whose average daily schedules are discussed separately.
Tax-Exempt Partners production of domestic crude oil and Specific instructions for most of the lines
A tax-exempt partner is subject to tax on natural gas exceeds 500 barrels for its tax are provided on the following pages. Lines
its distributive share of partnership year in which the partnership's tax year that are not discussed in the instructions
income to the extent that the partnership ends. See section 776(b) for more details. are self-explanatory.
activity is an unrelated business for the A disqualified person must notify the Fill in all applicable lines and
partner. Therefore, partnership items partnership of its status as such. schedules.
must be separately reported to Reporting to disqualified persons. An Enter any items specially allocated to
tax-exempt partners to allow them to electing large partnership reports the partners in the appropriate box of the
compute income from an unrelated information related to oil and gas applicable partner's Schedule K-1. Enter
business. activities to a disqualified person in box the total amount on the appropriate line
9 of Schedule K-1 (Form 1065-B) of Schedule K. Do not enter separately
Publicly Traded Partnerships
providing the same information as stated amounts on the numbered lines on
For electing large partnerships, the required for other partnerships. This Form 1065-B, Parts I or II, or on Schedule
requirement that the passive loss rules be information may be provided in an A or D.
separately applied to each publicly traded attached statement if additional space is File only one Form 1065-B for each
partnership continues to apply. required. However, the simplified rules do partnership. Mark “duplicate copy” on any
apply to a disqualified person's share of copy you give to a partner.
Partnerships Holding Residual items not related to oil and gas activities.
Interests in Real Estate Mortgage Other reporting requirements. Unlike
Investment Conduits (REMICs) General Information
other partnerships, the election to deduct
For purposes of the excise tax on intangible drilling and development costs Name, Address, and Employer
partnerships holding residual interests in (IDCs) is made at the partnership level, Identification Number
REMICs, all interests in an electing large and the partnership may pass through a
partnership are treated as held by full deduction of IDCs to its partners who Name. Print or type the legal name of the
disqualified organizations. Therefore, an are not disqualified persons. Also, an partnership as it appears in the
electing large partnership holding a electing large partnership (and not the partnership agreement.
residual interest in a REMIC is subject to partners) makes the section 59(e) election Address. Include the suite, room, or
an annual tax equal to 35% of the excess to capitalize and amortize certain specific other unit number after the street address.
inclusions. The amount that is subject to IDCs for its partners who are not If the Post Office does not deliver mail to
tax is excluded from partnership income. disqualified persons. However, partners the street address and the partnership
To report and pay this tax, file Form who are disqualified persons are has a P.O. box, show the box number
8831, Excise Taxes on Excess Inclusions permitted to make their own separate instead.
of REMIC Residual Interests. section 59(e) election. If the partnership's address is outside
A single AMT adjustment (under either the United States or its possessions or
Partnerships Holding Oil and Gas corporate or noncorporate rules) is made territories, enter the information on the
Properties and reported to partners who are not line for “City or town, state, and ZIP
Partnerships holding oil and gas disqualified persons. This separately code” in the following order: city, province
properties generally follow the same reported item is affected by the limitation or state, and the name of the foreign
simplified reporting rules as other electing on the repeal of the tax preference for country. Follow the foreign country's
large partnerships. However, certain excess IDCs. For purposes of computing practice in placing the postal code in the
partners are treated as disqualified this limitation, the partnership is treated address. Do not abbreviate the country
persons, and special rules apply. as the taxpayer. Thus, the limitation on name.
Computing depletion. Depletion is repeal of the IDC preference is applied at If the partnership has had a change of
generally computed at the partnership the partnership level and is based on the address, check box G(2). If the
level. The 1,000-barrel-per-day-limitation cumulative reduction in the partnership's partnership changes its mailing address
on depletion does not apply. Depletion is alternative minimum taxable income after filing its return, it can notify the IRS
also computed without regard to the resulting from repeal of that preference. by filing Form 8822, Change of Address.
65-percent-of-taxable- Finally, in making partnership-level Employer identification number (EIN).
income limitation and the depletion basis computations, any item of income, gain, Show the correct EIN in item D on page
adjustment. The depletion deduction is loss, deduction, or credit attributable to a 1 of Form 1065-B.
computed with the assumptions that the disqualified person is disregarded. For
partnership is the taxpayer and that it example, in computing the partnership's Items A and C
qualifies for the percentage depletion net income from oil and gas for purposes Enter the applicable activity name and the
deduction. This deduction is reported to of determining the IDC preference to be code number from the list beginning on
partners (other than disqualified persons) reported to partners as part of the AMT page 30.
as part of their share of the taxable adjustment, disqualified persons' For example, if, as its principal
income (loss) from passive loss limitation distributive shares of the partnership's net business activity, the partnership (a)
activities. income from oil and gas are not taken into purchases raw materials, (b) subcontracts
account. out for labor to make a finished product
from the raw materials, and (c) retains title
to the goods, the partnership is
considered to be a manufacturer and
Instructions for Form 1065-B Page 11
must enter “Manufacturer” in item A and Exception. These restrictions on using 1041) or other ordinary income (loss) from
enter in item C one of the codes (311110 the installment method do not apply to a foreign partnership, estate, or trust. Be
through 339900) listed under dispositions of property used or produced sure to show the partnership's, estate's,
“Manufacturing” on page 30. in a farming business or sales of or trust's name, address, and EIN on a
timeshares and residential lots for which separate statement attached to this
Item F—Total Assets the partnership elects to pay interest return. If the amount entered is from more
Enter the partnership's total assets at the under section 453(l)(3). than one source, identify the amount from
end of the tax year, as determined by the For sales of timeshares and residential each source.
accounting method regularly used in lots reported under the installment Do not include rental activity income
keeping the partnership's books and method, the electing large partnership's (loss) from other partnerships, estates, or
records. If there were no assets at the end income tax is increased by the interest trusts on this line. Instead, report these
of the tax year, enter the total assets as payable under section 453(l)(3). In amounts on line 20a of Form 8825 or line
of the beginning of the tax year. determining the amount of interest 5 of Form 1065-B, Part I.
payable, the partnership is treated as Ordinary income or loss from another
subject to tax at a 39.6% rate. To report partnership that is a publicly traded
Part I—Taxable Income or this addition to the tax, see the partnership is not reported on this line.
Loss from Passive Loss instructions for line 26. Instead, report the amount separately on
Enter on line 1a the gross profit on an attachment to line 16 of Schedule K
Limitation Activities collections from installment sales for any and in box 9 of Schedule K-1.
of the following: Treat shares of other items separately
Report only amounts from passive loss ● Dealer dispositions of property before reported on Schedule K-1 issued by the
limitation activities in Part I. See page 8 March 1, 1986. other entity as if the items were realized
for the definition of “passive loss limitation ● Dispositions of property used or or incurred by this partnership.
activity.” produced in the trade or business of If there is a loss from another
Do not report any tax-exempt interest farming. partnership, the amount of the loss that
income or income from the discharge of ● Dispositions of timeshares and may be claimed is subject to the at-risk
any indebtedness on lines 1a through 10. residential lots reported under the and basis limitations as appropriate.
These amounts are accounted for installment method. If the tax year of your partnership does
separately by each partner and are Attach a schedule showing the not coincide with the tax year of the other
reported in box 9 of Schedule K-1 (Form following information for the current year partnership, estate, or trust, include the
1065-B). Income from discharge of and the 3 preceding years: ordinary income (loss) from the other
indebtedness is also reported on line 8 of ● Gross sales. entity in the tax year in which the other
Schedule K, and tax-exempt interest is entity's tax year ends.
● Cost of goods sold.
reported on line 9 of Schedule K.
● Gross profits. Line 7—Net Farm Profit (Loss)
If the partnership has had debt
discharged resulting from a title 11 ● Percentage of gross profits to gross Enter the partnership's net farm profit
bankruptcy proceeding or while insolvent, sales. (loss) from Schedule F (Form 1040),
see Form 982, Reduction of Tax ● Amount collected. Profit or Loss From Farming. Attach
Attributes Due to Discharge of ● Gross profit on amount collected. Schedule F (Form 1040) to Form 1065-B.
Indebtedness, and Pub. 908, Bankruptcy In figuring the partnership's net farm profit
Tax Guide. Line 2—Cost of Goods Sold (loss), include any section 179 expense
See the instructions for Schedule A on deduction. Do not include on this line any
Income farm profit (loss) from other partnerships.
page 17.
Report those amounts on line 6.
Line 1a—Gross Receipts or Sales Line 4—Net Income (Loss) From Rental For a special rule concerning the
Enter the gross receipts or sales from all Real Estate Activities method of accounting for a farming
trade or business operations except those Enter the net income or loss from rental partnership with a corporate partner and
that must be reported on lines 6 through real estate activities of the partnership for other tax information on farms, see
10. For example, do not include gross from Form 8825. Attach this form to Form Pub. 225, Farmer's Tax Guide.
receipts from farming on this line. Instead, 1065-B.
show the net profit (loss) from farming on Line 9—Net Gain (Loss) From Form
line 7. Also, do not include on line 1a Line 5—Net Income (Loss) From Other 4797
portfolio income. See section 460 for Rental Activities On this line include only the ordinary
special rules that apply to long-term On line 5 enter the net income from rental gains or losses from the sale, exchange,
contracts. activities other than rental real estate or involuntary conversion of assets used
Installment sales. Generally, the activities. See page 8 of these instructions in a trade or business activity. Ordinary
installment method cannot be used for: and Pub. 925 for the definition of rental gains or losses from the sale, exchange,
● Sales of property after December 16, activities. Include on this line the gain or involuntary conversion of rental activity
1999, that would otherwise be reported (loss) from line 18 of Form 4797 that is assets are not reported on line 9. Instead,
using the accrual method of accounting. attributable to the sale, exchange, or report them on line 19 of Form 8825 or
● Dealer dispositions of property. A involuntary conversion of an asset used line 5 of Form 1065-B, Part I.
“dealer disposition” is any disposition of in a rental activity other than a rental real A partnership that is a partner in
personal property by a person who estate activity. another partnership must include on
regularly sells or otherwise disposes of Form 4797, Sales of Business Property,
Line 6—Ordinary Income (Loss) From its share of ordinary gains (losses) from
personal property of the same type on the
Other Partnerships, Estates, and sales, exchanges, or involuntary
installment plan or any disposition of real
Trusts conversions (other than casualties or
property held for sale to customers in the
ordinary course of the taxpayer's trade or Enter the ordinary income (loss) shown thefts) of the other partnership's trade or
business. on Schedule K-1 (Form 1065, 1065-B, or business assets.
If the partnership has any of these relate to a trade or business activity. Taxes allocable to a rental real estate
credits, be sure to figure each current Report deductible nonbusiness bad debts activity are reported on Form 8825.
year credit before figuring the deductions as a short-term capital loss on Taxes allocable to a rental activity other
for expenses on which the credit is based. Schedule D. than a rental real estate activity are
Caution: Cash method partnerships reported on Form 1065-B on an
Line 12—Salaries and Wages attachment to Part I, line 5.
cannot take a bad debt deduction unless
Enter on line 12 the salaries and wages the amount was previously included in ● Taxes allocable to portfolio income.
paid or incurred for the tax year, reduced income. These taxes are reported on Form 1065-B
by any applicable employment credits in Part II, line 8 or 11.
from Form 5884, Work Opportunity Line 16—Rent ● Taxes paid or incurred for the
Credit; Form 8861, Welfare-to-Work Enter rent paid on business property used production or collection of income, or for
Credit; Form 8844, Empowerment Zone in a trade or business activity. Do not the management, conservation, or
Employment Credit; and Form 8845, deduct rent for a dwelling unit occupied maintenance of property held to produce
Indian Employment Credit. See the by any partner for personal use. income. Also report these taxes on Form
instructions for these forms for more If the partnership rented or leased a 1065-B in Part II, line 8 or 11.
information. vehicle, enter the total annual rent or See section 263A(a) for rules on
Do not include salaries and wages lease expense paid or incurred in the capitalization of allocable costs (including
reported elsewhere on the return, such trade or business activities of the taxes) for any property.
as amounts included in cost of goods partnership. Also complete Part V of
sold, elective contributions to a section Form 4562, Depreciation and Line 18—Interest
401(k) cash or deferred arrangement, or Amortization. If the partnership leased a Include only interest incurred in the trade
amounts contributed under a salary vehicle for a term of 30 days or more, the or business activities of the partnership
reduction simplified employee plan (SEP) deduction for vehicle lease expense may that is not claimed elsewhere on the
agreement or a SIMPLE IRA plan. have to be reduced by an amount called return.
Line 13—Guaranteed Payments to the inclusion amount. You may have an Do not deduct interest expense on debt
Partners inclusion amount if: required to be allocated to the production
And the vehicle's of designated property. Designated
Deduct payments or credits to a partner FMV on the first day property includes real property, personal
for services or for the use of capital if the of the lease property that has a class life of 20 years
payments or credits are determined The lease term began: exceeded:
or more, and other tangible property
without regard to partnership income and After 12/31/98 ................................................. $15,500 requiring more than 2 years (1 year in the
are allocable to a trade or business case of property with a cost of more than
After 12/31/96 but before 1/1/99 .................... $15,800
activity. Also include on line 13 amounts $1 million) to produce or construct.
After 12/31/94 but before 1/1/97 .................... $15,500
paid during the tax year for insurance that Interest that is allocable to designated
constitutes medical care for a partner, a After 12/31/93 but before 1/1/95 .................... $14,600
property produced by a partnership for its
partner's spouse, or a partner's If the lease term began before January 1, 1994, see
own use or for sale must be capitalized.
dependents. Pub. 463, Travel, Entertainment, Gift, and Car
Expenses, to find out if the partnership has an In addition, a partnership must also
Do not include any payments and inclusion amount. capitalize any interest on debt that is
credits that should be capitalized. For See Pub. 463 for instructions on figuring allocable to an asset used to produce
example, although payments or credits to the inclusion amount. designated property. See section 263A(f)
a partner for services rendered in and Regulations sections 1.263A-8
organizing or syndicating a partnership Line 17—Taxes and Licenses through 1.263A-15.
may be guaranteed payments, they are Enter taxes and licenses paid or incurred Do not include interest expense on debt
not deductible on line 13. They are capital in the trade or business activities of the used to purchase rental property or debt
expenditures. However, they should be partnership if not reflected in cost of used in a rental activity. Interest allocable
separately reported on Schedule K, line goods sold. Federal import duties and to a rental real estate activity is reported
7, and Schedules K-1, box 9. Federal excise and stamp taxes are on Form 8825 and is used in arriving at
Do not include distributive shares of deductible only if paid or incurred in net income (loss) from rental real estate
partnership profits. carrying on the trade or business of the activities on line 4. Interest allocable to a
Report the guaranteed payments to the partnership. rental activity other than a rental real
appropriate partners on Schedule K-1, Do not deduct the following taxes on estate activity is used in arriving at net
box 9. line 17: income (loss) from a rental activity (other
● State and local sales taxes paid or
than a rental real estate activity). This net
Line 14—Repairs and Maintenance amount is reported on line 5.
incurred in connection with the acquisition
Enter the costs of incidental repairs and or disposition of business property. Do not include interest expense on debt
maintenance that do not add to the value These taxes must be added to the cost used to buy property held for investment.
of the property or appreciably prolong its of the property, or, in the case of a Do not include interest expense that is
life, but only to the extent that such costs disposition, subtracted from the amount clearly and directly allocable to interest,
relate to a trade or business activity and realized. dividend, royalty, or annuity income not
are not claimed elsewhere on the return. derived in the ordinary course of a trade
● Taxes assessed against local benefits
New buildings, machinery, or to the extent that they increase the value or business. Interest paid or incurred on
permanent improvements that increase of the property assessed, such as for debt used to purchase or carry investment
the value of the property are not paving, etc. property is reported on line 7 of Part II.
deductible. They are chargeable to capital See the instructions for Form 4952,
● Federal income taxes or taxes reported
accounts and may be depreciated or Investment Interest Expense Deduction,
amortized. elsewhere on the return.
property. See Pub. 550 for details. substantially identical stock or securities position to which the transaction relates
● For undistributed capital gains from a within 30 days before or after the date of throughout the 60-day period starting on
regulated investment company or a real the sale or exchange. See section 1091 the date the transaction was closed, and
estate investment trust, the partnership for more information. ● At no time during that 60-day period
will receive information on Form 2439. ● Gains from the sale of property (other was the partnership's risk of loss reduced
● See section 84 for the transfer of than publicly traded stock or securities by holding certain other positions.
property to a political organization if the and certain property that would otherwise For details and other exceptions to
FMV of the property exceeds the be reported using the accrual method) for these rules, see Pub. 550.
partnership's adjusted basis in such which any payment is to be received in a Rollover of gain from qualified stock.
property. tax year after the year of sale must be If the partnership sold qualified small
● Any loss on the disposition of converted
reported using the installment method on business stock (defined on page 20) it
Form 6252, Installment Sale Income, held for more than 6 months, it may
wetland or highly erodible cropland that is
unless the partnership elects to report the postpone gain if it purchased other
first used for farming after March 1, 1986,
entire gain in the year of sale. The qualified small business stock during the
is reported as a long-term capital loss on
partnership should also use Form 6252 if 60-day period that began on the date of
Schedule D, but any gain on such a
it received a payment this year from a the sale. The partnership must recognize
disposition is reported as ordinary income
sale made in an earlier year on the gain to the extent the sale proceeds
on Form 4797. See section 1257 for
installment method. exceed the cost of the replacement stock.
details.
● See Rev. Rul. 84-111, 1984-2 C.B. 88,
If the partnership wants to elect out of Reduce the basis of the replacement
the installment method, it must report the stock by any postponed gain.
for the transfer of partnership assets and
full amount of the gain on a timely filed If the partnership chooses to postpone
liabilities to a newly formed corporation in
return (including extensions). If the gain, report the entire gain realized on the
exchange for all of its stock.
partnership filed Form 1065-B on time, the sale on line 1 or 5. Directly below the line
● See section 897 for the disposition of
election may be made on an amended on which the partnership reported the
foreign investment in a U.S. real property return filed no later than 6 months after
interest. gain, enter in column (a) “Section 1045
the due date (excluding extensions) of the Rollover” and enter as a (loss) in column
original return. Write “Filed pursuant to (f) the amount of the postponed gain.
Instructions for Form 1065-B Page 19
The partnership also must ● One involving services performed in the See section 852(f) for the treatment of
! separately state the amount of the
CAUTION gain rolled over on qualified stock
fields of health, law, engineering,
architecture, accounting, actuarial
certain load charges incurred in acquiring
stock in a mutual fund with a reinvestment
under section 1045 on an attachment to science, performing arts, consulting, right.
Form 1065-B, Schedule K, line 16, athletics, financial services, or brokerage If the gross sales price is reported in
because each partner must determine if services. column (d), increase the cost or other
he or she qualifies for the rollover at the ● One whose principal asset is the basis by any expense of sale, such as
partner level. Also, the partnership must reputation or skill of one or more broker's fees, commissions, or option
separately state on that line (and not on employees. premiums, before making an entry in
Schedule D) any gain that would qualify ● Any banking, insurance, financing, column (e).
for the section 1045 rollover at the partner leasing, investing, or similar business. For more information, see Pub. 551,
level instead of the partnership level ● Any farming business (including raising Basis of Assets.
(because a partner was entitled to or harvesting of trees).
purchase replacement stock) and any Column (f)—Gain or (Loss)
● Any business involving the production
gain on qualified stock that could qualify Make a separate entry in this column for
for the 50% exclusion under section 1202. of products for which percentage
depletion can be claimed. each transaction reported on lines 1 and
To be qualified small business stock, 5 and any other lines that apply to the
● Any business of operating a hotel,
the stock must meet all of the following partnership. For lines 1 and 5, subtract
tests: motel, restaurant, or similar business. the amount in column (e) from the amount
● It must be stock in a C corporation (i.e., Specific Instructions in column (d). Enter negative amounts in
not S corporation stock). parentheses.
● It must have been originally issued after Columns (b) and (c)—Date Acquired
Column (g)—28% Rate Gain or (Loss)
August 10, 1993. and Date Sold
Enter in column (g) only the amount, if
● As of the date the stock was issued, the Use the trade dates for date acquired and
any, from Part II, column (f), that is from
corporation was a qualified small date sold for stocks and bonds traded on
collectibles gains and losses. A
business. A qualified small business is a an exchange or over-the-counter market.
collectibles gain or loss is any long-term
domestic C corporation with total gross gain or loss from the sale or exchange of
assets of $50 million or less (a) at all Column (d)—Sales Price
a collectible that is a capital asset.
times after August 9, 1993, and before the Enter in this column either the gross sales
stock was issued, and (b) immediately price or the net sales price from the sale. Collectibles include works of art, rugs,
after the stock was issued. Gross assets On sales of stocks and bonds, report the antiques, metals (such as gold, silver, and
include those of any predecessor of the gross amount as reported to the platinum bullion), gems, stamps, coins,
corporation. All corporations that are partnership by the partnership's broker on alcoholic beverages, and certain other
members of the same parent-subsidiary Form 1099-B, Proceeds From Broker and tangible property.
controlled group are treated as one Barter Exchange Transactions, or similar Also include gain from the sale of an
corporation. statement. However, if the broker advised interest in a partnership or trust
● The partnership must have acquired the the partnership that gross proceeds attributable to unrealized appreciation of
stock at its original issue (either directly (gross sales price) less commissions and collectibles.
or through an underwriter), either in option premiums were reported to the
Capital Gains and Losses From Other
exchange for money or other property or IRS, enter that net amount in column (d).
Partnerships, Estates, and Trusts
as pay for services (other than as an Column (e)—Cost or Other Basis
underwriter) to the corporation. In certain See the Schedule K-1 or other information
cases, the partnership may meet the test In general, the cost or other basis is the supplied to you by the other partnership,
if it acquired the stock from another cost of the property plus purchase estate, or trust. Enter the gains (losses)
person who met this test (such as by gift commissions and improvements and on line 1 or 5, whichever applies. Do not
or inheritance) or through a conversion minus depreciation, amortization, and complete columns (a) through (e).
or exchange of qualified small business depletion. If the partnership got the Instead, write “From Schedule K-1 (Form
stock held by the partnership. property in a tax-free exchange, 1065, 1065-B, or 1041)” across these
involuntary conversion, or wash sale of columns.
● During substantially all the time the
partnership held the stock: stock, it may not be able to use the actual
cash cost as the basis. If the partnership
1. The corporation was a C
corporation,
does not use cash cost, attach an Schedules K and K-1—
explanation of the basis.
2. At least 80% of the value of the Partners' Shares of Income,
When selling stock, adjust the basis by
corporation's assets were used in the subtracting all the stock-related Credits, Deductions, etc.
active conduct of one or more qualified nontaxable distributions received before
businesses (defined below), and the sale. This includes nontaxable Purpose of Schedules
3. The issuing corporation was not a distributions from utility company stock
foreign corporation, domestic international and mutual funds. Also adjust the basis The partners are liable for tax on their
sales corporation (DISC), former DISC, for any stock splits or stock dividends. shares of the partnership income, whether
corporation that has made (or that has a or not distributed, and must include their
If a charitable contribution deduction is shares on their tax returns.
subsidiary that has made) a section 936 allowed because of a bargain sale of
election, regulated investment company, Schedule K (page 4 of Form 1065-B) is
property to a charitable organization, the
real estate investment trust, REMIC, a summary schedule of all the partners'
adjusted basis for purposes of
FASIT, or cooperative. shares of the partnership's income,
determining gain from the sale is the
credits, deductions, etc.
Note: A specialized small business amount which has the same ratio to the
investment company (SSBIC) is treated adjusted basis as the amount realized has Schedule K-1 (Form 1065-B) shows each
as having met test 2 above. to the FMV. partner's separate share. Attach a copy
of each Schedule K-1 to the Form 1065-B
A qualified business is any business filed with the IRS; keep a copy with a copy
other than the following:
If any of the following apply, the partnership does not have to complete all of the worksheet. Instead, follow
the instructions below:
● Go to line 4 if the partnership’s only unrecaptured section 1250 gain is from an installment sale of trade or business
property held more than 1 year that the partnership is reporting on Form 6252.
● Go to line 5 if the partnership’s only unrecaptured section 1250 gain is from a Schedule K-1 reporting such gain from
another partnership.
● Go to line 10 if the partnership’s only unrecaptured section 1250 gain is from the sale or exchange of an interest in
another partnership.
● Go to line 11 if the partnership’s only unrecaptured section 1250 gain is from a Schedule K-1, Form 1099-DIV, or
Form 2439 reporting such gain from an estate, trust, real estate investment trust, or regulated investment company
(including a mutual fund).
1. If the partnership had a section 1250 property in Part III of Form 4797 for which there was an
entry in Part I of Form 4797 (but not on Form 6252), enter the smaller of line 22 or line 24 of
Form 4797 for that property. If the partnership had more than one such property, see
instructions 1.
2. Enter the amount from Form 4797, line 26g, for the property for which the partnership made
an entry on line 1 2.
3. Subtract line 2 from line 1 3.
4. Enter the total unrecaptured section 1250 gain included on line 26 or 37 of Form(s) 6252 from
installment sales of trade or business property held more than 1 year (see instructions) 4.
5. Enter the total of any amounts reported to the partnership on Schedules K-1 from another
partnership as “unrecaptured section 1250 gain.” 5.
6. Add lines 3 through 5 6.
7. Enter the smaller of line 6 or the gain, if any, from Form 4797, line 7 7.
8. Enter the amount, if any, from Form 4797, line 8 8.
9. Subtract line 8 from line 7. If zero or less, enter -0- 9.
10. Enter the gain from the sale or exchange of an interest in another partnership attributable to
unrecaptured section 1250 gain 10.
11. Enter the total of any amounts reported to the partnership on Schedules K-1 and Forms
1099-DIV and 2439 as “unrecaptured section 1250 gain” from an estate, trust, real estate
investment trust, or mutual fund (or other regulated investment company) 11.
12. Add lines 9 through 11. This is the partnership’s “unrecaptured section 1250 gain.” Report
each partner’s distributive share with Code O in box 9 of Schedule K-1 12.
amount of unrecaptured1250 gain ● Code A6—General partner's alternative ● Code C1—General partner's taxable
allocable to 1999 installment payments minimum tax adjustment from trade or income (loss) from other rental activities.
received before August 24. For more business activities. ● Code C2—General partner's net capital
details, see Regulations section 1.453-12. ● Code B1—General partner's taxable gain (loss) from other rental activities.
income (loss) from rental real estate ● Code C3—General partner's 28% rate
Box 9 Codes activities. gain (loss) from other rental activities.
The following codes should be used to ● Code B2—General partner's net capital ● Code C4—General partner's general
describe the information located in box 9. gain (loss) from rental real estate credits from other rental activities.
● Code A1—General partner's taxable activities. ● Code C5—General partner's alternative
income (loss) from trade or business ● Code B3—General partner's 28% rate minimum tax adjustment from other rental
activities. gain (loss) from rental real estate activities.
● Code A2—General partner's net capital activities. ● Code D—28% rate gain (loss) from
gain (loss) from trade or business ● Code B4—General partner's general passive activities.
activities. credits from rental real estate activities. ● Code E—28% rate gain (loss) from
● Code A3—General partner's 28% rate ● Code B5—General partner's other activities.
gain (loss) from trade or business low-income housing credit (for property ● Code F—Guaranteed payments.
activities. placed in service after 1989) from rental
● Code G—Income from discharge of
● Code A4—General partner's general real estate activities.
credits from trade or business activities. indebtedness.
● Code B6—General partner's
● Code H—Tax-exempt interest.
● Code A5—General partner's rehabilitation credit from rental real estate
nonconventional source fuel credit from ● Code I—Rehabilitation credit from
activities.
trade or business activities. ● Code B7—General partner's alternative
rental real estate activities.
● Code J—Nonconventional source fuel
minimum tax adjustment from rental real
estate activities. credit.