Skip to main content
August 27, 2023
Solved

How to file Schedule K1 for an LLC property sale

  • August 27, 2023
  • 1 reply
  • 0 views

So my situation is, we were a 5 partner LLC that owned a property. We sold the property in 2022 for a gain and dissolved the LLC. The LLC filed the partnership Form 1065 that includes gross sales price, cost basis, depreciation, adjusted basis, total gain. The same form has Schedule K1 for each partner with information present in Section J (Partner's share of profit, loss, and capital), Section L (Partner's Capital Account Analysis), Part III (Net rental real estate income, Unrecaptured section 1250 gain, Net section 1231 gain & Distributions. After filing the tax form, the LLC gave each partner the respective schedule K1 including our basis and sale gain after tax. 

 

Now when I try to file my individual tax Schedule K1 using TT what do I fill in for the following,

1. Enter Sale information. 

    Do I need to enter sale details (Sale Price, Selling Expense, Partnership Basis, Ordinary Gain, 1250 Gain) for my share? If I enter this information, my taxes go up and if I do not enter they go down (of course in both cases I enter Sec 1250 gain). The reason why I ask is because the LLC filed taxes and I assumed they would have paid taxes on any property sale gains (which this property had) before giving us the Schedule K1. 

2. I entered my  Schedule K1 details as per the form I received. But correct me if  am not supposed to enter.

 

Thanks.

 

Best answer by Mike9241

the sale gain should already be on the k-1 lines 9a 9c and maybe line 10. to enter the sale info in the disposal section would then result in you double reporting the gain on sale.

 

in the disposal section the only thing that should be reflected is any gain or loss on the termination of the partnership. to do this you need to know your tax basis.

 

if the k-1 is marked final your ending capital in part II section L would normally be zero.

]f not then it's likely the partnership retained some of the sales proceeds to cover contingencies in which case you don't complete the disposal section this year. 

The following is a generalization since there is no access to your k-1. 

if the k-1 was done according to the iRS instructions Part II Section L

Beginning Capital Account normally should be your tax basis at the beginning of the year (there can be exceptions to this)

Current Year Net Income (Loss) should be the net of the various income and expense lines in Part III (FYI 9a includes 9c)

Other Increases (Decreases) normally would be zero

Withdrawals and Distributions should normally match 19a. It's unlikely there is anything for 19b or c.

the net of these is your ending tax basis which if it's a final K-1 should be zero the same as shown for Ending Capital.

so if it's a final K-1 and tax basis is zero then in the disposal section you enter zero for sales price and zero for cost. this should result in the k-1 not rolling over in 2023 and any suspended passive losses being allowed.

 

If the partnership sold property in a state with a personal income tax and you are a non-resident of that state, some of the money indicated as a distribution (19a) might actually be state income tax withholding. this should be shown on the k-1 for that state. 

 

 

 

 

1 reply

Critter-3
August 27, 2023

In the K-1 entry section you will simply indicate this is a final K-1 form  and enter the K-1 as printed... end of story.

 

Partnership returns do not usually pay any taxes so contact the person who completed the 1065 and ask them what happened  to any withholding or pre payments on the sale.  

August 27, 2023

just entering data for the K1 was sufficient before. But in 2022 the partnership was liquidated and individual basis + sale gain was returned to the partners. When I indicate in TT the partnership was liquidated, I have to enter Sale details. So from your statement looks like I have to enter the Sale details including Schedule K1 so that the sale gain is taxed as the partnership does not pay taxes. 

Critter-3
August 27, 2023

You did not sell your portion of the partnership ... the partnership was closed.  Liquidation of the assets by virtue of them being divided among the partners will be incorporated into the basis adjustments not reported as a sale.   The sale of the assets would have been reflected in the K-1 information.  Please upgrade for LIVE help or seek local professional help.