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Question

Normally, I file married, jointly with Schedule C.
I have a one time need from stock sale in 2008.
I need assistance filling out Form 8873. Can you help?

Submitted: 71 days and 22 hours ago.
Category: Tax
Value: $45
Status: CLOSED
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Optional Information

Country/State/Province of question: Texas, USA

Already Tried:
Reading the IRS instructions

Posted by John Gordos EA 71 days and 21 hours ago.

Info Request

Greetings,

Sale of stock would not usually involve Form 8873.
Also, the extraterritorial income exclusion does not generally apply for transactions after 2004.

Can you give an outline or decription of the transaction that you are trying to report so we can try to assist in how to properly file?

Thank you for the additional information.

71 days and 21 hours ago.

Reply

I have a Schedule K-1 that has income in boxes 1,9, 11, 12, 14 and 16 Code B (Extraterritorial Income Exclusion). So, how do I report this income correctly? I can scan and e-mail or fax the forms so you can look at them. I just need to know where/how to report the income. Thanks, Michael

Posted by John Gordos EA 71 days and 21 hours ago.

Info Request

Hello again,

Please, can you just list the amounts for the line numbers?
1=?
9=?
11=?
12=?
14=?
16 code B=?
16 other codes(if any)=?
   

Also, please confirm this a K-1 for a 1065 and answer the items below.

Is line D for publicly traded partnership checked?

Are you a limited or general partner (line G)?

What are the amounts (if any)in line K ?
Partner’s share of liabilities at year end:
Nonrecourse=?
Qualified nonrecourse financing=?
Recourse=?

What are the amounts (if any)in line L ?
Partner’s capital account analysis:
Beginning capital account =?
Capital contributed during the year =?
Current year increase (decrease)=?
Withdrawals & distributions=?
Ending capital account=?

Is this a passive activity (that is, just an investment) or is this a partnership to which you provide services or actively work in ?

Is this your only K-1(1065) for this return?


Thank you for the information needed to give an accurate answer.

   





71 days and 21 hours ago.

Reply

Box 1 - 8

8c - 5

9 - 118

11 - 1

12 - P* STMT

14 - O - 29

16 - B* - 1

D - 126

Schedule K-1 (Form 1120S) Final K1 Amended K1 Yes

Yes, only K-1

Privately held company

F - Shareholder's percentage of stock ownership for tax year - 0.000700%

 

Is line D for publicly traded partnership checked? Privately held

Are you a limited or general partner (line G)? I am sure I am limited

What are the amounts (if any)in line K ? No line K
Partner's share of liabilities at year end: ??
Nonrecourse=? ??
Qualified nonrecourse financing=? ??
Recourse=? ??

What are the amounts (if any)in line L ? No line L
Partner's capital account analysis: ??
Beginning capital account =? ??
Capital contributed during the year =? 0
Current year increase (decrease)=? ??
Withdrawals & distributions=? 0
Ending capital account=? ??

Is this a passive activity (that is, just an investment) or is this a partnership to which you provide services or actively work in ? Passive

Is this your only K-1(1065) for this return? Yes

 

Box 12 Code P (Refers me to Form 8903)

Domestic Production Gross Receipts (DPGR) - 63

Non-domestic prodction gross receipts - 149

Directly allocable cost of goods sold - 40

total cost of goods sold - 57

Expenses directly allocable to DPGR - 20

Expenses allocable to non-DRGR - 9

Other apportionalbe expenses - 1

Form W-2 Wages - 21

Assets allocable to QPA - 0

Assets Allocable to Non-QPA - 127

 

Hope that is enough. I will check back later, if that is okay. You can e-mail me.

Thanks, Michael

 

Accepted Answer

Greetings,

1 - $8 Report on Schedule E, line 28, column (g).

8c - $5 Report on Schedule D (Form 1040), line 5, column (f).

9 - $118 Report on Schedule D (Form 1040), line 12, column (f).

11 - 1 The partnership should give you a description and the amount of your share for each of these items. Without a code this might just be added to the Schedule E, line 28, column (g)amount from box 1.

12 - P* STMT

14 - O - 29 Not sure why you have the O; but Box 14 is self employment earnings which would be not applicable to your passive investment (Many software programs will allocate this to all partners even when it does not apply, in my experience)


16 - B* - 1 Codes A through N apply to the foreign tax credit. Since the amount is $1 rather than even take the effort (and charge my client) the practical way to deal with this is just forego the possible $1 credit. If you really want to claim the $1 see Form 1116 or just list the $1 on From 1040, line 47.

From the instructions at http://www.irs.gov/instructions/i1065sk1/ch02.html#d0e1352

"Codes O and P. Extraterritorial income exclusion.    
Partnership did not claim the exclusion. If the partnership reports your distributive share of foreign trading gross receipts (code O) and the extraterritorial income exclusion (code P), the partnership was not entitled to claim the exclusion because it did not meet the foreign economic process requirements. You may still qualify for your distributive share of this exclusion if the partnership's foreign trading gross receipts for the tax year were $5 million or less. To qualify for this exclusion, your foreign trading gross receipts from all sources for the tax year also must have been $5 million or less. If you qualify for the exclusion, report the exclusion amount in accordance with the instructions for Income (Loss) on page 6 for box 1, 2, or 3, whichever applies. See Form 8873, Extraterritorial Income Exclusion, for more information.

Partnership claimed the exclusion. If the partnership reports your distributive share of foreign trading gross receipts but not the amount of the extraterritorial income exclusion, the partnership met the foreign economic process requirements and claimed the exclusion when figuring your distributive share of partnership income. You also may need to know the amount of your distributive share of foreign trading gross receipts from this partnership to determine if you met the $5 million or less exception discussed above for purposes of qualifying for an extraterritorial income exclusion from other sources."

Since you have Code O and not Code P the partnership has already claimed the exclusion when figuring your share of partnership income so no entry is needed.


16D - 126 This is the foreign income on which the 16B $1 credit is being claimed.

Form 8903 is used to claim the Domestic Production Activities Deduction See the form at http://www.irs.gov/pub/irs-pdf/f8903.pdf but it may not be worth the effort since you have a total of $9 ordinary income and $123 of capital gain to report from the partnership. This credit is limited to 1/2 of the wages which in your case is a possible maximum $10 or $11 deduction on line 35 of Form 1040. So, you could potentially eliminate the $9 of ordinary income with this deduction. Since tax tables are set to use every $50 there could be no change in your tax or it could result in about $8 or $14 of additional tax depending on your tax bracket.
There is no penalty for not claiming the deeduction. Otherwise follow Form 8903 line descriptions to enter each of those amounts and compute the credit.

I hope this helps for entry of the K-1 amounts to your return even though some of the amounts may not be worth the effort it would take to get a credit or deduction.

Please ask if you need additional assistance.
Best regards.

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Expert: John Gordos EA
Pos. Feedback: 99.8 %
Accepts: 
Answered: 9/11/2009

Enrolled Agent

I have prepared individual, trust, partnership, and corporate taxes since 1987.

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