Instructions for Form 1040 Schedule E |
2006 Tax Year |
Supplemental Income and Loss
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Use Schedule E (Form 1040) to report income or loss from rental real estate, royalties, partnerships, S corporations, estates,
trusts, and residual
interests in REMICs.
You can attach your own schedule(s) to report income or loss from any of these sources. Use the same format as on Schedule
E.
Enter separately on Schedule E the total income and the total loss for each part. Enclose loss figures in (parentheses).
Generally, you must complete Form 6198 to figure your allowable loss if you have:
-
A loss from an activity carried on as a trade or business or for the production of income, and
-
Amounts in the activity for which you are not at risk.
The at-risk rules generally limit the amount of loss (including loss on the disposition of assets) you can claim to the amount
you could actually
lose in the activity. However, the at-risk rules do not apply to losses from an activity of holding real property, if you
acquired your interest in
the activity before 1987 and the property was placed in service before 1987. The activity of holding mineral property does
not qualify for this
exception.
In most cases, you are not at risk for amounts such as the following.
-
Nonrecourse loans used to finance the activity, to acquire property used in the activity, or to acquire your interest in the
activity that
are not secured by your own property (other than property used in the activity). However, there is an exception for certain
nonrecourse financing
borrowed by you in connection with holding real property (other than mineral property). See Qualified nonrecourse financing
on this page.
-
Cash, property, or borrowed amounts used in the activity (or contributed to the activity, or used to acquire your interest
in the activity)
that are protected against loss by a guarantee, stop-loss agreement, or other similar arrangement (excluding casualty insurance
and insurance against
tort liability).
-
Amounts borrowed for use in the activity from a person who has an interest in the activity (other than as a creditor) or who
is related,
under section 465(b)(3)(C), to a person (other than you) having such an interest.
Qualified nonrecourse financing.
Qualified nonrecourse financing is treated as an amount at risk if it is secured by real property used in an activity
of holding real property that
is subject to the at-risk rules. Qualified nonrecourse financing is financing for which no one is personally liable for repayment
and is:
-
Borrowed by you in connection with holding real property (other than mineral property),
-
Not convertible from a debt obligation to an ownership interest, and
-
Loaned or guaranteed by any federal, state, or local government, or borrowed by you from a qualified person.
Qualified person.
A qualified person is a person who actively and regularly engages in the business of lending money, such as a bank
or savings and loan association.
A qualified person cannot be:
-
Related to you (unless the nonrecourse financing obtained is commercially reasonable and on the same terms as loans involving
unrelated
persons),
-
The seller of the property (or a person related to the seller), or
-
A person who receives a fee due to your investment in real property (or a person related to that person).
For more details about the at-risk rules, see the Instructions for Form 6198 and Pub. 925.
Passive Activity Loss Rules
The passive activity loss rules may limit the amount of losses you can deduct. These rules apply to losses in Parts I, II,
and III, and
line 40 of Schedule E.
Losses from passive activities may be subject first to the at-risk rules. Losses deductible under the at-risk rules are then
subject to the passive
activity loss rules.
You generally can deduct losses from passive activities only to the extent of income from passive activities. An exception
applies to certain
rental real estate activities (explained
on page E-2).
A passive activity is any business activity in which you did not materially participate and any rental activity, except as
explained
on this page and page E-2. If you are a limited partner, you generally are not treated as having materially participated in
the partnership's
activities for the year.
The rental of real or personal property is generally a rental activity under the passive activity loss rules, but exceptions
apply. If your rental
of property is not treated as a rental activity, you must determine whether it is a trade or business activity, and if so,
whether you materially
participated in the activity for the tax year.
See the Instructions for Form 8582 to determine whether you materially participated in the activity and for the definition
of “rental
activity.”
See Pub. 925 for special rules that apply to rentals of:
-
Substantially nondepreciable property,
-
Property incidental to development activities, and
-
Property related to activities in which you materially participate.
Activities That Are Not Passive Activities
Activities of real estate professionals.
If you were a real estate professional in 2006, any rental real estate activity in which you materially participated
is not a passive activity. You
were a real estate professional only if you met both of the following conditions.
-
More than half of the personal services you performed in trades or businesses were performed in real property trades or businesses
in which
you materially participated.
-
You performed more than 750 hours of services in real property trades or businesses in which you materially participated.
For purposes of this rule, each interest in rental real estate is a separate activity, unless you elect to treat all
your interests in rental real
estate as one activity. To make this election, attach a statement to your original tax return that declares you are a qualifying
taxpayer for the year
and you are making the election
under section 469(c)(7)(A). The election applies for the year made and all later years in which you are a real estate professional.
You can
revoke the election only if your facts and circumstances materially change.
If you are married filing jointly, either you or your spouse must meet both of the above conditions, without taking
into account services performed
by the other spouse.
A real property trade or business is any real property development, redevelopment, construction, reconstruction, acquisition,
conversion, rental,
operation, management, leasing, or brokerage trade or business. Services you performed as an employee are not treated as performed
in a real property
trade or business unless you owned more than 5% of the stock (or more than 5% of the capital or profits interest) in the employer.
If you were a real estate professional for 2006, complete Schedule E, line 43.
Other activities.
The rental of your home that you also used for personal purposes is not a passive activity.
See the instructions for line 2 on page E-3.
A working interest in an oil or gas well that you held directly or through an entity that did not limit your liability
is not a passive activity
even if you did not materially participate.
Royalty income not derived in the ordinary course of a trade or business reported on Schedule E generally is not considered
income from a passive
activity.
For more details on passive activities,
see the Instructions for Form 8582 and Pub. 925.
Exception for Certain Rental Real Estate Activities
If you meet all three of the following conditions, your rental real estate losses are not limited by the passive activity
loss rules. If you do not
meet all three of these conditions,
see the Instructions for Form 8582 to find out if you must complete and attach Form 8582 to figure any losses allowed.
-
Rental real estate activities are your only passive activities.
-
You do not have any prior year unallowed losses from any passive activities.
-
All of the following apply if you have an overall net loss from these activities:
-
You actively participated (defined on this page) in all of the rental real estate activities;
-
If married filing separately, you lived apart from your spouse all year;
-
Your overall net loss from these activities is $25,000 or less ($12,500 or less if married filing separately);
-
You have no current or prior year unallowed credits from passive activities; and
-
Your modified adjusted gross income (defined below) is $100,000 or less ($50,000 or less if married filing separately).
Active participation.
You can meet the active participation requirement without regular, continuous, and substantial involvement in real
estate activities. But you must
have participated in making management decisions or arranging for others to provide services (such as repairs) in a significant
and bona fide sense.
Such management decisions include:
-
Approving new tenants,
-
Deciding on rental terms,
-
Approving capital or repair expenditures, and
-
Other similar decisions.
You are not considered to actively participate if, at any time during the tax year, your interest (including your
spouse's interest) in the
activity was less than 10% by value of all interests in the activity.
Modified adjusted gross income.
This is your adjusted gross income
from Form 1040, line 38, or Form 1040NR, line 36, without taking into account:
-
Any passive activity loss,
-
Rental real estate losses allowed for real estate professionals (see Activities of real estate professionals that begin on page
E-1),
-
Taxable social security or tier 1 railroad retirement benefits,
-
Deductible contributions to a traditional IRA or certain other qualified retirement plans under section
219,
-
The student loan interest deduction,
-
The domestic production activities deduction,
-
The deduction for one-half of self-employment tax,
-
The exclusion from income of interest from series EE and I U.S. savings bonds used to pay higher education expenses, and
-
Any excluded amounts under an employer's adoption assistance program.
At the time these instructions went to print, Congress was considering legislation that would extend the deduction for tuition
and fees that
expired at the end of 2005. To find out if this legislation was enacted, and for more details, go to www.irs.gov, click on
More Forms
and Publications, and then on What's Hot in forms and publications, or see Pub. 553. If the deduction for tuition and fees
is
extended, it is not taken into account when figuring your modified adjusted gross income as discussed above.
Reportable Transaction Disclosure Statement
Use Form 8886 to disclose information for each reportable transaction in which you participated. Form 8886 must be filed for
each tax year that
your federal income tax liability is affected by your participation in the transaction. You may have to pay a penalty if you
are required to file Form
8886 but do not do so. The following are reportable transactions.
-
Any transaction that is the same as or substantially similar to tax avoidance transactions identified by the IRS.
-
Any transaction offered under conditions of confidentiality for which you paid an advisor a minimum fee.
-
Any transaction for which you have contractual protection against disallowance of the tax benefits.
-
Any transaction resulting in a loss of at least $2 million in any single tax year or $4 million in any combination of tax
years. (At least
$50,000 for a single tax year if the loss arose from a foreign currency transaction defined in section 988(c)(1), whether
or not the loss flows
through from an S corporation or partnership.)
-
Any transaction resulting in a tax credit of more than $250,000, if you held the asset generating the credit for 45 days or
less.
See the Instructions for Form 8886 for more details and exceptions.
Tax Shelter Registration Number
Complete and attach Form 8271 if you are claiming or reporting any income, deduction, loss, credit, or other tax benefit,
from an interest
purchased or otherwise acquired in a tax shelter required to be registered with the IRS. Form 8271 is used to report the name,
tax shelter
registration number, and identifying number of the tax shelter.
See Form 8271 for more details.
If you are a fiduciary filing Schedule E with Form 1041, enter the estate's or trust's employer identification number (EIN)
in the space for
“Your social security number.”
Income or Loss From Rental Real Estate and Royalties
Use Part I to report:
-
Income and expenses from rental real estate (including personal property leased with real estate), and
-
Royalty income and expenses.
See the instructions for lines 3 and 4 to determine if you should report your rental real estate and royalty income on Schedule
C, Schedule C-EZ,
or Form 4835 instead of Schedule E.
If you own a part interest in a rental real estate property, report only your part of the income and expenses on Schedule
E.
Complete lines 1 and 2 for each rental real estate property. Leave these lines blank for each royalty property.
If you have more than three rental real estate or royalty properties, complete and attach as many Schedules E as you need
to list them. But fill in
the “Totals” column on only one Schedule E. The figures in the “Totals” column on that Schedule E should be the combined totals of all your
Schedules E. If you are also using page 2 of Schedule E, use the same Schedule E on which you entered the combined totals
for Part I.
Personal property.
Do not use Schedule E to report income and expenses from the rental of personal property, such as equipment or vehicles.
Instead, use Schedule C or
C-EZ if you are in the business of renting personal property. You are in the business of renting personal property if the
primary purpose for renting
the property is income or profit and you are involved in the rental activity with continuity and regularity.
If your rental of personal property is not a business,
see the instructions for Form 1040, lines 21 and 36, to find out how to report the income and expenses.
Extraterritorial income exclusion.
Except as otherwise provided in the Internal Revenue Code, gross income includes all income from whatever source derived.
Gross income, however,
does not include 60% of extraterritorial income that is qualifying foreign trade income. Use Form 8873 to figure the extraterritorial
income
exclusion. Report it on Schedule E as explained in the Instructions for Form 8873.
Chapter 11 bankruptcy cases.
If you were a debtor in a chapter 11 bankruptcy case, see page 22 of the instructions for Form 1040.
For rental real estate property only, show all of the following.
-
The kind of property you rented (for example, townhouse).
-
The street address, city or town, and state. You do not have to give the ZIP code.
-
Your percentage of ownership in the property, if less than 100%.
If you rented out a dwelling unit that you also used for personal purposes during the year, you may not be able to deduct
all the expenses for the
rental part. “Dwelling unit” (unit) means a house, apartment, condominium, or similar property.
A day of personal use is any day, or part of a day, that the unit was used by:
-
You for personal purposes,
-
Any other person for personal purposes, if that person owns part of the unit (unless rented to that person under a “shared equity”
financing agreement),
-
Anyone in your family (or in the family of someone else who owns part of the unit), unless the unit is rented at a fair rental
price to that
person as his or her main home,
-
Anyone who pays less than a fair rental price for the unit, or
-
Anyone under an agreement that lets you use some other unit.
Do not count as personal use:
-
Any day you spent working substantially full time repairing and maintaining the unit, even if family members used it for recreational
purposes on that day, or
-
Any days you used the unit as your main home before or after renting it or offering it for rent, if you rented or tried to
rent it for at
least 12 consecutive months (or for a period of less than 12 consecutive months at the end of which you sold or exchanged
it).
Check “Yes” if you or your family used the unit for personal purposes in 2006 more than the greater of:
-
14 days, or
-
10% of the total days it was rented to others at a fair rental price.
Otherwise, check “No.”
If you checked “No,” you can deduct all your expenses for the rental part, subject to the At-Risk Rules and the Passive
Activity Loss Rules explained
beginning on page E-1.
If you checked “Yes” and rented the unit out for fewer than 15 days, do not report the rental income and do not deduct any rental expenses. If
you itemize deductions on Schedule A, you can deduct allowable interest, taxes, and casualty losses.
If you checked “Yes” and rented the unit out for at least 15 days, you may not be able to deduct all your rental expenses. You can deduct all
of the following expenses for the rental part on Schedule E.
If any income is left after deducting these expenses, you can deduct other expenses, including depreciation, up to the amount
of remaining income.
You can carry over to 2007 the amounts you cannot deduct.
See Pub. 527 for details.
If you received rental income from real estate (including personal property leased with real estate) and you were not in the
real estate business,
report the income on line 3. Use a separate column (A, B, or C) for each rental property. Include income received for renting
a room or other space.
If you received services or property instead of money as rent, report the fair market value of what you received as rental
income.
Be sure to enter the total of all your rents in the “Totals” column even if you have only one property.
If you provided significant services to the renter, such as maid service, report the rental activity on Schedule C or C-EZ,
not on Schedule E.
Significant services do not include the furnishing of heat and light, cleaning of public areas, trash collection, or similar
services.
If you were in the real estate sales business, include on line 3 only the rent received from real estate (including personal
property leased with
real estate) you held for investment or speculation. Do not use Schedule E to report income and expenses from rentals of real
estate held for sale to
customers in the ordinary course of your real estate sales business. Instead, use Schedule C or C-EZ for these rentals.
For more details on rental income use TeleTax topic 414 (
see the Instructions for Form 1040, page 9, or
Pub. 527).
Rental income from farm production or crop shares.
Report farm rental income and expenses on Form 4835 if:
-
You received rental income based on crops or livestock produced by the tenant, and
-
You did not materially participate in the management or operation of the farm.
Report on line 4 royalties from oil, gas, or mineral properties (not including operating interests); copyrights; and patents.
Use a separate column
(A, B, or C) for each royalty property. Be sure to enter the total of all your royalties in the “Totals” column even if you have only one source
of royalties.
If you received $10 or more in royalties during 2006, the payer should send you a Form 1099-MISC or similar statement by January
31, 2007, showing
the amount you received.
If you are in business as a self-employed writer, inventor, artist, etc., report your royalty income and expenses on Schedule
C or C-EZ.
You may be able to treat amounts received as “royalties” for the transfer of a patent or amounts received on the disposal of coal and iron ore
as the sale of a capital asset. For details,
see Pub. 544.
Enter on line 4 the gross amount of royalty income, even if state or local taxes were withheld from oil or gas payments you
received. Include taxes
withheld by the producer on line 16.
General Instructions for Lines 5 Through 21
Enter your rental and royalty expenses for each property in the appropriate column. You can deduct all ordinary and necessary
expenses, such as
taxes, interest, repairs, insurance, management fees, agents' commissions, and depreciation.
Do not deduct the value of your own labor or amounts paid for capital investments or capital improvements.
Enter your total expenses for mortgage interest (line 12), total expenses before depreciation expense or depletion (line 19),
and depreciation
expenses or depletion (line 20) in the “Totals” column even if you have only one property.
Renting out part of your home.
If you rent out only part of your home or other property, deduct the part of your expenses that applies to the rented
part.
Credit or deduction for access expenditures.
You may be able to claim a tax credit for eligible expenditures paid or incurred in 2006 to provide access to your
business for individuals with
disabilities.
See Form 8826 for details.
You can also deduct up to $15,000 of qualified costs paid or incurred in 2006 to remove architectural or transportation
barriers to individuals
with disabilities and the elderly.
You cannot take both the credit and the deduction for the same expenditures.
You can deduct ordinary and necessary auto and travel expenses related to your rental activities, including 50% of meal expenses
incurred while
traveling away from home. You generally can either deduct your actual expenses or take the standard mileage rate. You must
use actual expenses if you
used more than four vehicles simultaneously in your rental activities (as in fleet operations). You cannot use actual expenses
for a leased vehicle if
you previously used the standard mileage rate for that vehicle.
You can use the standard mileage rate for 2006 only if:
-
You owned the vehicle and used the standard mileage rate for the first year you placed the vehicle in service, or
-
You leased the vehicle and are using the standard mileage rate for the entire lease period (except the period, if any, before
1998).
If you deduct actual auto expenses:
-
Include on line 6 the rental activity portion of the cost of gasoline, oil, repairs, insurance, tires, etc., and
-
Show auto rental or lease payments on line 18 and depreciation on line 20.
If you take the standard mileage rate, multiply the number of miles you drove your auto in connection with your rental activities
by 44.5 cents.
Include this amount and your parking fees and tolls on line 6.
If you claim any auto expenses (actual or the standard mileage rate), you must complete Part V of Form 4562 and attach Form
4562 to your tax
return.
See Pub. 527 and Pub. 463 for details.
Include on line 10 fees for tax advice and the preparation of tax forms related to your rental real estate or royalty properties.
Do not deduct legal fees paid or incurred to defend or protect title to property, to recover property, or to develop or improve
property. Instead,
you must capitalize these fees and add them to the property's basis.
In general, to determine the interest expense allocable to your rental activities, you must have records to show how the proceeds
of each debt were
used. Specific tracing rules apply for allocating debt proceeds and repayment.
See Pub. 535 for details.
If you have a mortgage on your rental property, enter on line 12 the amount of interest you paid for 2006 to banks or other
financial institutions.
Be sure to enter the total of all your mortgage interest in the “Totals” column even if you have only one property.
Do not deduct prepaid interest when you paid it. You can deduct it only in the year to which it is properly allocable. Points,
including loan
origination fees, charged only for the use of money must be deducted over the life of the loan.
If you paid $600 or more in interest on a mortgage during 2006, the recipient should send you a Form 1098 or similar statement
by January 31, 2007,
showing the total interest received from you.
If you paid more mortgage interest than is shown on your Form 1098 or similar statement,
see Pub. 535 to find out if you can deduct part or all of the additional interest. If you can, enter the entire deductible
amount on line 12.
Attach a statement to your return explaining the difference. On the dotted line next to line 12, enter “See attached.”
Note.
If the recipient was not a financial institution or you did not receive a Form 1098 from the recipient, report your deductible
mortgage interest on
line 13.
If you and at least one other person (other than your spouse if you file a joint return) were liable for and paid interest
on the mortgage, and the
other person received Form 1098, report your share of the deductible interest on line 13. Attach a statement to your return
showing the name and
address of the person who received Form 1098. On the dotted line next to line 13, enter “See attached.”
You can deduct the cost of repairs made to keep your property in good working condition. Repairs generally do not add significant
value to the
property or extend its life. Examples of repairs are fixing a broken lock or painting a room. Improvements that increase the
value of the property or
extend its life, such as replacing a roof or renovating a kitchen, must be capitalized and depreciated (that is, they cannot
be deducted in full in
the year they are paid or incurred).
See the instructions for line 20.
You can deduct the cost of ordinary and necessary telephone calls related to your rental activities or royalty income (for
example, calls to the
renter). However, the base rate (including taxes and other charges) for local telephone service for the first telephone line
into your residence is a
personal expense and is not deductible.
Depreciation is the annual deduction you must take to recover the cost or other basis of business or investment property having
a useful life
substantially beyond the tax year. Land is not depreciable.
Depreciation starts when you first use the property in your business or for the production of income. It ends when you deduct
all your depreciable
cost or other basis or no longer use the property in your business or for the production of income.
See the Instructions for Form 4562 to figure the amount of depreciation to enter on line 20. Be sure to enter the total of
all your depreciation
in the “Totals” column even if you have only one property.
You must complete and attach Form 4562 only if you are claiming:
-
Depreciation on property first placed in service during 2006,
-
Depreciation on listed property (defined in the Instructions for Form 4562), including a vehicle, regardless of the date it
was placed in
service, or
-
A section 179 expense deduction or amortization of costs that began in 2006.
See Pub. 527 for more information on depreciation of residential rental property.
See Pub. 946 for a more comprehensive guide to depreciation.
If you own mineral property or an oil, gas, or geothermal well, you may be able to take a deduction for depletion.
See
Pub. 535 for details.
If you have amounts for which you are not at risk, use Form 6198 to determine the amount of your deductible loss. Enter that
amount in the
appropriate column of Schedule E, line 22. In the space
to the left of line 22, enter “Form 6198.” Attach Form 6198 to your return. For details on the at-risk rules,
see page E-1.
Do not complete line 23 if the amount on line 22 is from royalty properties.
If you have a rental real estate loss from a passive activity
(defined on page E-1), the amount of loss you can deduct may be limited by the passive activity loss rules. You may need to
complete Form 8582 to
figure the amount of loss, if any, to enter on line 23.
If your rental real estate loss is not from a passive activity or you meet the exception for certain rental real estate activities
(explained
on page E-2), you do not have to complete Form 8582. Enter the loss from line 22 on line 23.
If you need more space in Part II or III to list your income or losses, attach a continuation sheet using the same format
as shown in Part II or
III. However, be sure to complete the “Totals” columns for lines 29a and 29b, or lines 34a and 34b, as appropriate. If you also completed Part I
on more than one Schedule E, use the same Schedule E on which you entered the combined totals in Part I.
Tax preference items.
If you are a partner, a shareholder in an S corporation, or a beneficiary of an estate or trust, you must take into
account your share of
preferences and adjustments from these entities for the alternative minimum tax on Form 6251 or Schedule I of Form 1041.
Income or Loss From Partnerships and S Corporations
If you are a member of a partnership or joint venture or a shareholder in an S corporation, use Part II to report your share
of the partnership or
S corporation income (even if not received) or loss.
You should receive a Schedule K-1 from the partnership or S corporation. You should also receive a copy of the Partner's or
Shareholder's
Instructions for Schedule K-1. Your copy of Schedule K-1 and its instructions will tell you where on your return to report
your share of the items. If
you did not receive these instructions with your Schedule K-1,
see the Instructions for Form 1040, page 7, or the Instructions for Form 1040NR, page 31, for how to get a copy. Do not attach
Schedules K-1 to
your return. Keep them for your records.
If you are treating items on your tax return differently from the way the partnership (other than an electing large partnership)
or S corporation
reported them on its return, you may have to file Form 8082. If you are a partner in an electing large partnership, you must
report the items shown on
Schedule K-1 (Form 1065-B) on your tax return the same way that the partnership reported the items on Schedule K-1.
Special rules that limit losses.
Please note the following.
-
If you have a current year loss, or a prior year unallowed loss, from a partnership or an S corporation,
see At-Risk Rules and Passive Activity Loss Rules on page E-1.
Partners and S corporation shareholders should get a separate statement of income, expenses, deductions, and credits for each
activity engaged in
by the partnership and S corporation. If you are subject to the at-risk rules for any activity, use Form 6198 to figure the
amount of any deductible
loss. If the activity is nonpassive, enter any deductible loss from Form 6198 on the appropriate line in Part II, column (h),
of
Schedule E.
-
If you have a passive activity loss, you generally need to complete Form 8582 to figure the amount of the allowable loss to
enter in Part
II, column (f), for that activity. But if you are a general partner or an S corporation shareholder reporting your share of
a partnership or an S
corporation loss from a rental real estate activity and you meet all three of the conditions listed
on page E-2 under Exception for Certain Rental Real Estate Activities, you do not have to complete Form 8582. Instead, enter your
allowable loss in Part II, column (f).
If you have passive activity income, complete Part II, column (g), for that activity.
If you have nonpassive income or losses, complete Part II, columns (h) through (j), as appropriate.
See the Schedule K-1 instructions before entering on your return other partnership items from a passive activity or income
or loss from any
publicly traded partnership.
You can deduct unreimbursed ordinary and necessary expenses you paid on behalf of the partnership if you were required to
pay these expenses under
the partnership agreement. See the instructions for line 27
on page E-6 for how to report these expenses.
Report allowable interest expense paid or incurred from debt-financed acquisitions in Part II or on Schedule A depending on
the type of expenditure
to which the interest is allocated.
See Pub. 535 for details.
If you claimed a credit for federal tax on gasoline or other fuels on your 2005 Form 1040, or Form 1040NR, based on information
received from the
partnership, enter as income in column (g) or column (j), whichever applies, the amount of the credit claimed for 2005.
Part or all of your share of partnership income or loss from the operation of the business may be considered net earnings
from self-employment that
must be reported on Schedule SE. Enter the amount
from Schedule K-1 (Form 1065), box 14, code A (or from Schedule K-1 (Form 1065-B), box 9 (code J1)), on Schedule SE, after
you reduce this
amount by any allowable expenses attributable to that income.
Foreign partnerships.
If you are a U.S. person, you may have to file Form 8865 if any of the following applies.
-
You controlled a foreign partnership (that is, you owned more than a 50% direct or indirect interest in the partnership).
-
You owned at least a 10% direct or indirect interest in a foreign partnership while U.S. persons controlled that partnership.
-
You had an acquisition, disposition, or change in proportional interest of a foreign partnership that:
-
Increased your direct interest to at least 10% or reduced your direct interest of at least 10% to less than 10%, or
-
Changed your direct interest by at least a 10% interest.
-
You contributed property to a foreign partnership in exchange for a partnership interest if:
-
Immediately after the contribution, you owned, directly or indirectly, at least a 10% interest in the partnership, or
-
The fair market value of the property you contributed to the partnership in exchange for a partnership interest, when added
to other
contributions of property you made to the partnership during the preceding 12-month period, exceeds $100,000.
Also, you may have to file Form 8865 to report certain dispositions by a foreign partnership of property you previously
contributed to that
partnership if you were a partner at the time of the disposition.
For more details, including penalties for failing to file Form 8865,
see Form 8865 and its separate instructions.
If you are a shareholder in an S corporation, your share of the corporation's aggregate losses and deductions (combined income,
losses, and
deductions) is limited to the adjusted basis of your corporate stock and any debt the corporation owes you. Any loss or deduction
not allowed this
year because of the basis limitation can be carried forward and deducted in a later year subject to the basis limitation for
that year.
If you are claiming a deduction for your share of an aggregate loss, attach to your return a computation of the adjusted basis
of your corporate
stock and of any debt the corporation owes you.
See the Schedule K-1 instructions for details.
After applying the basis limitation, the deductible amount of your aggregate losses and deductions may be further reduced
by the at-risk rules and
the passive activity loss rules.
See page E-1.
Distributions of prior year accumulated earnings and profits of S corporations are dividends and are reported on Form 1040,
line 9a.
Interest expense relating to the acquisition of shares in an S corporation may be fully deductible on Schedule E. For details,
see Pub. 535.
Your share of the net income of an S corporation is not subject to self-employment tax.
If you answered “Yes” on line 27, follow the instructions
below. If you fail to follow these instructions, the IRS may send you a notice of additional tax due because the amounts reported
by the
partnership or S corporation on Schedule K-1 do not match the amounts you reported on your tax return.
Losses Not Allowed in Prior Years Due to the At-Risk or Basis Limitations
-
Enter your total prior year unallowed losses that are now deductible on a separate line in column (h) of line 28. Do not combine
these
losses with, or net them against, any current year amounts from the partnership or S corporation.
-
Enter “PYA” (prior year amount) in column (a) of the same line.
Prior Year Unallowed Losses From a Passive Activity Not Reported on Form 8582
-
Enter on a separate line in column (f) of line 28 your total prior year unallowed losses not reported on Form 8582. Such losses
include
prior year unallowed losses that are now deductible because you did not have an overall loss from all passive activities or
you disposed of your
entire interest in a passive activity in a fully taxable transaction. Do not combine these losses with, or net them against,
any current year amounts
from the partnership or S corporation.
-
Enter “PYA” (prior year amount) in column (a) of the same line.
Unreimbursed Partnership Expenses
-
You can deduct unreimbursed ordinary and necessary partnership expenses you paid on behalf of the partnership on Schedule
E if you were
required to pay these expenses under the partnership agreement (except amounts deductible only as itemized deductions, which
you must enter on
Schedule A).
-
Enter unreimbursed partnership expenses from nonpassive activities on a separate line in column (h) of line 28. Do not combine
these
expenses with, or net them against, any other amounts from the partnership.
-
If the expenses are from a passive activity and you are not required to file Form 8582, enter the expenses related to a passive
activity on
a separate line in column (f) of line 28. Do not combine these expenses with, or net them against, any other amounts from
the partnership.
-
Enter “UPE” (unreimbursed partnership expenses) in column (a) of the same line.
For nonpassive income or loss (and passive income or losses for which you are not filing Form 8582), enter in the applicable
column of line 28 your
current year ordinary income or loss from the partnership or S corporation. Report each related item required to be reported
on Schedule E (including
items of income or loss stated separately on Schedule K-1) in the applicable column of a separate line following the line
on which you reported the
current year ordinary income or loss. Also enter a description of the related item (for example, depletion) in column (a)
of the same line.
If you are required to file Form 8582, see the Instructions for Form 8582 before completing Schedule E.
Income or Loss From Estates and Trusts
If you are a beneficiary of an estate or trust, use Part III to report your part of the income (even if not received) or loss.
You should receive a
Schedule K-1 (Form 1041) from the fiduciary. Your copy of Schedule K-1 and its instructions will tell you where on your return
to report the items
from Schedule K-1. Do not attach Schedule K-1 to your return. Keep it for your records.
If you are treating items on your tax return differently from the way the estate or trust reported them on its return, you
may have to file Form
8082.
If you have estimated taxes credited to you from a trust (Form 1041, Schedule K-1, box 13, code A), enter “ES payment claimed” and the amount
on the dotted line next to line 37. Do not include this amount in the total on line 37. Instead, enter the amount
on Form 1040, line 65.
A U.S. person who transferred property to a foreign trust may have to report the income received by the trust as a result
of the transferred
property if, during 2006, the trust had a U.S. beneficiary.
See section 679. An individual who received a distribution from, or who was the grantor of or transferor to, a foreign trust
must also complete
Part III of Schedule B (Form 1040) and may have to file Form 3520. In addition, the owner of a foreign trust must ensure that
the trust files an
annual information return on Form 3520-A.
Income or Loss From Real Estate Mortgage Investment Conduits (REMICs)
If you are the holder of a residual interest in a REMIC, use Part IV to report your total share of the REMIC's taxable income
or loss for each
quarter included in your tax year. You should receive Schedule Q (Form 1066) and instructions from the REMIC for each quarter.
Do not attach Schedules
Q to your return. Keep them for your records.
If you are treating REMIC items on your tax return differently from the way the REMIC reported them on its return, you may
have to file Form 8082.
If you are the holder of a residual interest in more than one REMIC, attach a continuation sheet using the same format as
in Part IV. Enter the
combined totals of columns (d) and (e) on Schedule E, line 39. If you also completed Part I on more than one Schedule E, use
the same Schedule E on
which you entered the combined totals in Part I.
REMIC income or loss is not income or loss from a passive activity.
Note.
If you are the holder of a regular interest in a REMIC, do not use Schedule E to report the income you received. Instead,
report it
on Form 1040, line 8a.
Column (c).
Report the total of the amounts shown on Schedule(s) Q, line 2c. This is the smallest amount you are allowed to report
as your taxable income
(Form 1040, line 43). It is also the smallest amount you are allowed to report as your alternative minimum taxable income
(AMTI) on Form 6251, line 28.
If the amount in column (c) is larger than your taxable income would otherwise be, enter the amount from column (c)
on Form 1040, line 43. Similarly, if the amount in column (c) is larger than your AMTI would otherwise be, enter the amount
from column (c)
on Form 6251, line 28. Enter “ Sch. Q”
on the dotted line to the left of this amount on Form 1040, line 43, and Form 6251, line 28, if applicable.
Note.
These rules also apply to estates and trusts that hold a residual interest in a REMIC. Be sure to make the appropriate entries
on the comparable
lines on Form 1041.
Do not include the amount shown in column (c) in the total
on Schedule E, line 39.
Column (e).
Report the total of the amounts shown on Schedule(s) Q, line 3b. If you itemize your deductions, include this amount
on Form 1040, Schedule A, line 22.
You will not be charged a penalty for underpayment of estimated tax if:
-
Your gross farming or fishing income for 2005 or 2006 is at least two-thirds of your gross income, and
-
You file your 2006 tax return and pay the tax due by March 1, 2007.
Paperwork Reduction Act Notice.
We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required
to give us the information.
We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act
unless the form displays a valid
OMB control number. 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. Generally, tax returns and return information are confidential, as required by
section 6103.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden
for individual taxpayers
filing this form is included in the estimates shown in the instructions for their individual income tax return. The estimated
burden for all other
taxpayers who file this form is approved under OMB control number 1545-1972 and is shown below.
Recordkeeping |
3 hr.
|
Learning about the law or the form |
1 hr., 13 min.
|
Preparing the form |
1 hr., 27 min.
|
Copying, assembling, and sending the form to the IRS |
34 min.
|
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler,
we would be happy to hear from
you. See the instructions for the tax return with which this form is filed.
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