Vous êtes sur la page 1sur 12

Department of the Treasury

Internal Revenue Service

2018 Instructions for Schedule E (Form 1040)


Supplemental
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.

Income and Loss 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. En-
close loss figures in (parentheses).

Section references are to the Internal


Revenue Code unless otherwise noted.
businesses plus 20% of the aggregate • Form 4562 to claim depreciation
amount of qualified real estate invest- (including the special allowance) on
Future Developments ment trust (REIT) dividends and quali-
fied publicly traded partnership income.
assets placed in service in 2018, to claim
amortization that began in 2018, to
For the latest information about devel- The deduction is subject to various limi- make an election under section 179 to
opments related to Schedule E (Form tations, such as limitations based on the expense certain property, or to report
1040) and its instructions, such as legis- type of your trade or business, your tax- information on listed property.
lation enacted after they were published,
go to IRS.gov/ScheduleE.
able income, the amount of W-2 wages • Form 4684 to report a casualty or
paid with respect to the qualified trade theft gain or loss involving property
or business, and the unadjusted basis of used in your trade or business or
qualified property held by your trade or income-producing property.
What's New business. You will claim this deduction • Form 4797 to report sales,
on Form 1040, not on Schedule E. Un- exchanges, and involuntary conversions
Excess farm loss limitation. The ex- like other deductions, this deduction can (not from a casualty or theft) of trade or
cess farm loss rules do not apply in be taken in addition to the standard or business property.
2018. However, if you had an excess
farm loss in 2017, you may be able to
itemized deductions. For more informa- • Form 6198 to apply a limitation to
tion, see the Instructions for Form 1040 your loss from an at-risk activity.
deduct it in 2018. See Losses Not Al-
lowed in Prior Years Due to the Basis,
and Pub. 535. • Form 8082 to notify the IRS of any
Business interest expense limitation. inconsistent tax treatment for an item on
Excess Farm Loss, or At-Risk Rules, lat- your return.
er, for more information. For tax years beginning after 2017, your
business interest expense deduction may • Form 8582 to apply a limitation to
Excess business loss limitation. If you be limited. See Limitation on business your loss from passive activities.
report a loss on line 26, 32, 37, or 39 of interest under Lines 12 and 13, later, for • Form 8824 to report like-kind
your Schedule E (Form 1040), you may more information. exchanges.
be subject to a new business loss limita-
Standard mileage rate. The standard • Form 8826 to claim a credit for
tion. The disallowed loss resulting from expenditures to improve access to your
this new limitation will not be reflected mileage rate for miles driven in connec-
business for individuals with disabilities.
tion with your rental activities increased
on line 26, 32, 37, or 39 of your Sched-
to 54.5 cents a mile. • Form 8873 to figure your
ule E. Instead, use new Form 461 to de- extraterritorial income exclusion.
termine the amount of your excess busi- • Form 8910 to claim a credit for
ness loss, which will be included as General placing a new alternative motor vehicle
income on Schedule 1 (Form 1040),
line 21. Any disallowed loss resulting Instructions in service for business use.
• Form 8960 to pay Net Investment
from this limitation will be treated as a Other Schedules and Forms Income Tax on certain income from
net operating loss that must be carried your rental and other passive activities.
You May Have To File
forward and deducted in a subsequent • Form 8990 to determine whether
year. • Schedule A (Form 1040) to deduct your business interest deduction is
interest, taxes, and casualty losses not limited.
See Form 461 and its instructions for
related to your business.
details on the excess business loss limi- Also, see the Qualified Business Income
tation. • Form 461 to report your excess Deduction Worksheet in the Instructions
business loss.
Deduction for qualified business in- for Form 1040 or Pub. 535 to figure a
come. For tax years beginning after
• Form 3520 to report certain deduction for qualified business income.
transactions with foreign trusts and
2017, you may be entitled to a deduction receipt of certain large gifts or bequests Single-member limited liability com-
of up to 20% of your qualified business from certain foreign persons. pany (LLC). In most cases, a sin-
income from your qualified trade or gle-member domestic LLC is not treated

E-1
Dec 04, 2018 Cat. No. 24332T
as a separate entity for federal income in accordance with your respective inter- • Any listed transaction that is the
tax purposes. If you are the sole member ests in the venture. Although you and same as or substantially similar to tax
of a domestic LLC, file Schedule E (or your spouse will not each file your own avoidance transactions identified by the
Schedule C, C-EZ, or F, if applicable). Schedule E as part of the qualified joint IRS.
However, you can elect to treat a domes- venture, each of you must report your • Any transaction offered to you or a
tic LLC as a corporation. See Form 8832 interest as separate properties on line 1 related party under conditions of confi-
for details on the election and the tax of Schedule E. On lines 3 through 22 for dentiality for which you paid an advisor
treatment of a foreign LLC. each separate property interest, you must a fee of at least $50,000.
Information returns. You may have to enter your share of the applicable in- • Certain transactions for which you
file information returns for wages paid come, deduction, or loss. or a related party have contractual pro-
to employees, certain payments of fees If you have more than three rental re- tection against disallowance of the tax
and other nonemployee compensation, al estate or royalty properties, complete benefits.
interest, rents, royalties, real estate trans- and attach as many Schedules E as you • Certain transactions resulting in a
actions, annuities, and pensions. You need to list them. But fill in lines 23a loss of at least $2 million in any single
generally use Form 1099-MISC, Miscel- through 26 on only one Schedule E. The tax year or $4 million in any combina-
laneous Income, to report rents and pay- figures on lines 23a through 26 on that tion of tax years (at least $50,000 for a
ments of fees and other nonemployee Schedule E should be the combined to- single tax year if the loss arose from a
compensation. For details, see Line A, tals for all properties reported on your foreign currency transaction defined in
later, and the 2018 General Instructions Schedules E. section 988(c)(1), whether or not the
for Certain Information Returns. loss flows through from an S corpora-
Once made, the election can be re-
tion or partnership).
If you received cash of more than voked only with the permission of the
$10,000 in one or more related transac- IRS. However, the election technically • Certain transactions of interest en-
tered into after November 1, 2006, that
tions in your trade or business, you may remains in effect only for as long as the
are the same or substantially similar to
have to file Form 8300. For details, see spouses filing as a qualified joint ven-
transactions that the IRS has identified
Pub. 1544. ture continue to meet the requirements
by notice, regulation, or other form of
to be treated as a qualified joint venture.
Qualified Joint Venture If the spouses fail to meet the qualified
published guidance as transactions of in-
If you and your spouse each materially terest.
joint venture requirements for a year, a
participate (see Material participation in new election will be necessary for any See the Instructions for Form 8886
the Instructions for Schedule C) as the future year in which the spouses meet for more details.
only members of a jointly owned and the requirements to be treated as a quali- Limitation on Losses
operated rental real estate business and fied joint venture.
you file a joint return for the tax year, If you report a loss from rental real es-
Rental real estate income generally is tate or royalties in Part I, a loss from a
you can elect to be treated as a qualified not included in net earnings from
joint venture instead of a partnership. partnership or S corporation in Part II, or
self-employment subject to self-employ- a loss from an estate or trust in Part III,
This election, in most cases, will not in- ment tax and generally is subject to pas-
crease the total tax owed on the joint re- your loss may be reduced or not allowed
sive loss limitation rules. Electing quali- this year. You must apply the following
turn. By making the election, you will fied joint venture status does not alter
not be required to file Form 1065 for rules to your loss.
the application of the self-employment
any year the election is in effect and will tax or the passive loss limitation rules.
• Basis rules apply to losses from a
instead report the income and deduc- partnership or S corporation. See Basis
tions directly on your joint return. If you For more information on qualified rules for partnerships and Basis rules
and your spouse filed Form 1065 for the joint ventures, go to IRS.gov/QJV. for S corporations, later, in Part II.
year prior to the election, the partnership Reportable Transaction • At-risk rules apply to losses from
terminates at the end of the tax year im- rental real estate or royalties. They also
mediately preceding the year the elec-
Disclosure Statement apply to losses from a partnership, S
tion takes effect. Use Form 8886 to disclose information corporation, estate, or trust. See At-Risk
for each reportable transaction in which Rules, later, in the General Instructions.
Note. Mere joint ownership of property you participated. Form 8886 must be If the loss is from a partnership or S
that is not a trade or business does not filed for each tax year that your federal corporation, also see At-risk rules, later,
qualify for the election. income tax liability is affected by your in Part II.
Making the election. To make this participation in the transaction. You may • Passive activity loss rules apply to
election for your rental real estate busi- have to pay a penalty if you are required losses from rental real estate. They also
ness, check the “QJV” box on line 2 for to file Form 8886 but do not do so. You apply to losses from a partnership, S
each property that is part of the qualified also may have to pay interest and penal- corporation, estate, or trust. See Passive
joint venture. You must divide all items ties on any reportable transaction under- Activity Loss Rules, later, in the General
of income, gain, loss, deduction, and statements. The following are reportable Instructions. If the loss is from a
credit attributable to the rental real estate transactions. partnership or S corporation, also see
business between you and your spouse Passive activity loss rules, later, in Part
II.

E-2
• Excess business loss rules apply to • Amounts borrowed for use in the Passive Activity
losses from all noncorporate trades or activity from a person who has an inter- A passive activity is any business activi-
businesses. This loss limitation is est in the activity (other than as a cred- ty in which you did not materially par-
figured using Form 461 after you itor) or who is related under section ticipate and any rental activity, except as
complete your Schedule E. Any 465(b)(3)(C) to a person (other than explained later. If you are a limited part-
limitation to your loss resulting from you) having such an interest. ner, in most cases, you are not treated as
these rules will not be reflected on your Qualified nonrecourse financing. having materially participated in the
Schedule E. Instead, it will be added to Qualified nonrecourse financing is trea- partnership's activities for the year.
your income on Form 1040 and treated ted as an amount at risk if it is secured
as a net operating loss that must be The rental of real or personal proper-
by real property used in an activity of ty is a rental activity under the passive
carried forward and deducted in a holding real property subject to the
subsequent year. These rules also apply activity loss rules in most cases, but ex-
at-risk rules. Qualified nonrecourse fi- ceptions apply. If your rental of property
to losses from a partnership or S nancing is financing for which no one is
corporation. See Excess business loss is not treated as a rental activity, you
personally liable for repayment and is: must determine whether it is a trade or
rules, later, in Part II. • Borrowed by you in connection business activity, and if so, whether you
At-Risk Rules with the activity of holding real property materially participated in the activity for
(other than mineral property), the tax year.
In most cases, you must complete Form
6198 to figure your loss if you have:
• Not convertible from a debt obli- See the Instructions for Form 8582 to
gation to an ownership interest, and
• A loss from an activity carried on • Loaned or guaranteed by any fed- determine whether you materially par-
as a trade or business or for the produc- eral, state, or local government, or bor- ticipated in the activity and for the defi-
tion of income, and rowed by you from a qualified person. nition of “rental activity.”
• Amounts in the activity for which See Pub. 925 for special rules that ap-
you are not at risk. Qualified person. A qualified person ply to rentals of:
is a person who actively and regularly
The at-risk rules in most cases limit engages in the business of lending mon-
• Substantially nondepreciable prop-
the amount of loss (including loss on the erty,
ey, such as a bank or savings and loan
disposition of assets) you can claim to association. A qualified person cannot
• Property incidental to development
the amount you could actually lose in activities, and
be:
the activity. However, the at-risk rules
• Related to you (unless the nonre- • Property related to activities in
do not apply to losses from an activity of which you materially participate.
course financing obtained is commer-
holding real property placed in service cially reasonable and on substantially
before 1987. They also do not apply to Activities That Are Not Passive
the same terms as loans involving unre-
losses from your interest acquired before lated persons), Activities
1987 in a pass-through entity engaged in
such activity. The activity of holding
• The seller of the property (or a per- Activities of real estate professionals.
son related to the seller), or If you were a real estate professional for
mineral property does not qualify for
this exception.
• A person who receives a fee due to 2018, any rental real estate activity in
your investment in real property (or a which you materially participated is not
In most cases, you are not at risk for person related to that person). a passive activity. You were a real estate
amounts such as the following. More information. For more details professional for the year only if you met
• Nonrecourse loans used to finance about the at-risk rules, see the Instruc- both of the following conditions.
the activity, to acquire property used in tions for Form 6198 and Pub. 925. • More than half of the personal
the activity, or to acquire your interest in services you performed in trades or busi-
the activity that are not secured by your Passive Activity Loss Rules nesses during the year were performed
own property (other than property used The passive activity loss rules may limit in real property trades or businesses in
in the activity). However, there is an ex- the amount of losses you can deduct. which you materially participated.
ception for certain nonrecourse financ- These rules apply to losses in Parts I, II, • You performed more than 750
ing borrowed by you in connection with and III, and line 40 of Schedule E. hours of services during the year in real
the activity of holding real property property trades or businesses in which
(other than mineral property). See Losses from passive activities may be
you materially participated.
Qualified nonrecourse financing, later. subject first to the at-risk rules. Losses
deductible under the at-risk rules are If you are married filing jointly, ei-
• Cash, property, or borrowed then subject to the passive activity loss ther you or your spouse must meet both
amounts used in the activity (or contrib- of the above conditions without taking
uted to the activity, or used to acquire rules.
into account services performed by the
your interest in the activity) that are pro- You can deduct losses from passive other spouse.
tected against loss by a guarantee, activities in most cases only to the ex-
stop-loss agreement, or other similar ar- A real property trade or business is
tent of income from passive activities. any real property development, redevel-
rangement (excluding casualty insurance An Exception for Certain Rental Real
and insurance against tort liability). opment, construction, reconstruction, ac-
Estate Activities (explained later) may quisition, conversion, rental, operation,
apply.

E-3
management, leasing, or brokerage trade Exception for Certain Rental Real se's interest) in the activity was less than
or business. Services you performed as Estate Activities 10% by value of all interests in the ac-
an employee are not treated as per- tivity. If you are a limited partner, you
If you meet all of the following condi-
formed in a real property trade or busi- also are not treated as actively partici-
tions, your rental real estate losses are
ness unless you owned more than 5% of pating in a partnership's rental real estate
not limited by the passive activity loss
the stock (or more than 5% of the capital activities.
rules, and you do not need to complete
or profits interest) in the employer. Modified adjusted gross income. This
Form 8582. If you do not meet all of
If you qualify as a real estate profes- these conditions, see the Instructions for is your adjusted gross income from
sional, rental real estate activities in Form 8582 to find out if you must com- Form 1040, line 7, or Form 1040NR,
which you materially participated are plete and attach Form 8582 to figure any line 37, without taking into account:
not passive activities. For purposes of losses allowed. • Any allowable passive activity
determining whether you materially par- loss,
1. Rental real estate activities are
ticipated in your rental real estate activi-
your only passive activities. • Rental real estate losses allowed
ties, each interest in rental real estate is a for real estate professionals (see Activi-
separate activity unless you elect to treat 2. You do not have any prior year ties of real estate professionals, earlier),
all your interests in rental real estate as unallowed losses from any passive ac- • Taxable social security or tier 1
one activity. To make this election, at- tivities. railroad retirement benefits,
tach a statement to your original tax re- 3. All of the following apply if you • Deductible contributions to a tradi-
turn that declares you are a qualifying have an overall net loss from these ac- tional IRA or certain other qualified re-
taxpayer for the year and you are mak- tivities: tirement plans under section 219,
ing the election under section 469(c)(7) a. You actively participated (defined • The student loan interest deduc-
(A). The election applies for the year later) in all of the rental real estate activ- tion,
made and all later years in which you ities; • The domestic production activities
are a real estate professional. You can deduction,
b. If married filing separately, you
revoke the election only if your facts
lived apart from your spouse all year;
• The deduction for one-half of
and circumstances materially change. self-employment tax,
If you did not make this elec-
c. Your overall net loss from these • The exclusion from income of in-
activities is $25,000 or less ($12,500 or terest from series EE and I U.S. savings
TIP tion on your timely filed return, less if married filing separately); bonds used to pay higher education ex-
you may be eligible to make a
d. You have no current or prior year penses, and
late election to treat all your interest in
rental real estate as one activity. See unallowed credits from passive activi- • Any excluded amounts under an
ties; employer's adoption assistance program.
Rev. Proc. 2011-34, 2011-24 I.R.B. 875,
available at IRS.gov/irb/ e. Your modified adjusted gross in- Recordkeeping
2011-24_IRB#RP-2011-34. come (defined later) is $100,000 or less
You must keep records to support items
($50,000 or less if married filing sepa-
If you were a real estate professional for reported on Schedule E in case the IRS
rately); and
2018, complete Schedule E, line 43. has questions about them. If the IRS ex-
f. You do not hold any interest in a amines your tax return, you may be
Other activities. The rental of a dwell-
rental real estate activity as a limited asked to explain the items reported.
ing unit that you used as a home is not
partner or as a beneficiary of an estate or Good records will help you explain any
subject to the passive loss limitation
a trust. item and arrive at the correct tax with a
rules. See Line 2, later, to see if you
used the dwelling unit as a home. minimum of effort. If you do not have
Active participation. You can meet the
records, you may have to spend time
A working interest in an oil or gas active participation requirement without
getting statements and receipts from var-
well you held directly or through an en- regular, continuous, and substantial in-
ious sources. If you cannot produce the
tity that did not limit your liability is not volvement in real estate activities. But
correct documents, you may have to pay
a passive activity even if you did not you must have participated in making
additional tax and be subject to penal-
materially participate. management decisions or arranging for
ties.
Royalty income not derived in the or- others to provide services (such as re-
dinary course of a trade or business re- pairs) in a significant and bona fide
sense. Such management decisions in-
Specific
ported on Schedule E in most cases is
not considered income from a passive clude:
activity. • Approving new tenants,
• Deciding on rental terms, Instructions
For more details on passive activities,
see the Instructions for Form 8582 and • Approving capital or repair expen- Filers of Form 1041. If you are a fidu-
ditures, and ciary filing Schedule E with Form 1041,
Pub. 925.
• Other similar decisions. enter the estate's or trust's employer
You are not considered to actively identification number (EIN) in the space
participate if, at any time during the tax for “Your social security number.”
year, your interest (including your spou-

E-4
If you have more than three rental re-
Part I al estate or royalty properties, complete Line 1a
and attach as many Schedules E as you For rental real estate property only,
Before you begin, see Line 3 need to list them. But answer lines A show the street address, city or town,
! and Line 4, later, to determine
CAUTION if you should report your rental
and B and fill in lines 23a through 26 on state, and ZIP code. If the property is lo-
only one Schedule E. The figures on cated in a foreign country, enter the city,
real estate and royalty income on Sched- lines 23a through 26 on that Schedule E province or state, country, and postal
ule C, Schedule C-EZ, or Form 4835, in- should be the combined totals for all code.
stead of Schedule E. properties reported on your Schedules E.
If you also are using page 2 of Sched-
Line 1b
Line A ule E, use the same Schedule E on Enter one of the codes listed under
which you entered the combined totals “Type of Property” in Part I of the form.
If you made any payments in 2018 that for Part I. Land rental. Enter code “5” for rental
would require you to file any Forms of land. For details about the tax treat-
Personal property. Do not use Sched-
1099, check the “Yes” box. Otherwise, ment of income from this type of rental
ule E to report income and expenses
check the “No” box. See the 2018 Gen- property, see Rental of Nondepreciable
from the rental of personal property,
eral Instructions for Certain Information Property in Pub. 925.
such as equipment or vehicles. Instead,
Returns if you are unsure whether you
use Schedule C or C-EZ if you are in the Self-rental. Enter code “7” for
were required to file any Forms 1099.
business of renting personal property. self-rental if you rent property to a trade
Also, see the separate instructions for
You are in the business of renting per- or business in which you materially par-
each Form 1099.
sonal property if the primary purpose for ticipated. See Rental of Property to a
Generally, you must file Form renting the property is income or profit Nonpassive Activity in Pub. 925 for de-
TIP 1099-MISC if you paid at least and you are involved in the rental activi- tails about the tax treatment of income
$600 in rents, services, prizes, ty with continuity and regularity. from this type of rental property.
medical and health care payments, and If your rental of personal property is Other. Enter code “8” if the property is
other income payments. The Guide to not a business, see the instructions for not one of the other types listed on the
Information Returns in the 2018 Gener- Schedule 1 (Form 1040), lines 21 and form. Attach a statement to your return
al Instructions for Certain Information 36, to find out how to report the income describing the property.
Returns has more information, including and expenses.
the due dates for the various information
returns. You can find more information Extraterritorial income exclusion. Line 2
Except as otherwise provided in the In- If you rented out a dwelling unit that
at IRS.gov/Form1099.
ternal Revenue Code, gross income in- you also used for personal purposes dur-
Income or Loss From
cludes all income from whatever source ing the year, you may not be able to de-
derived. Gross income, however, does duct all the expenses for the rental part.
Rental Real Estate and not include extraterritorial income that is “Dwelling unit” (unit) means a house,
Royalties qualifying foreign trade income under
certain circumstances. Use Form 8873 to
apartment, condominium, mobile home,
boat, or similar property.
Use Part I to report the following. figure the extraterritorial income exclu-
• Income and expenses from rental sion. Report it on Schedule E as ex- For each property listed on line 1a,
real estate (including personal property plained in the Instructions for Form report the number of days in the year
leased with real estate). 8873. each property was rented at fair rental
• Royalty income and expenses. Chapter 11 bankruptcy cases. If you value and the number of days of person-
• For an estate or trust only, farm were a debtor in a chapter 11 bankruptcy al use.
rental income and expenses based on case, see Chapter 11 Bankruptcy Cases A day of personal use is any day, or
crops or livestock produced by the ten- under Income in the Instructions for part of a day, that the unit was used by:
ant. Estates and trusts do not use Form
4835 or Schedule F (Form 1040) for this
Form 1040. • You for personal purposes,
purpose. Income you report on Sched- • Any other person for personal pur-
TIP ule E may be qualified business poses, if that person owns part of the
If you own a part interest in a rental income and entitle you to a de- unit (unless rented to that person under a
real estate property, report only your duction on Form 1040, line 9. Be sure to “shared equity” financing agreement),
part of the income and expenses on use the Qualified Business Income De- • Anyone in your family (or in the
Schedule E. duction Worksheet in the Instructions family of someone else who owns part
for Form 1040 or Pub. 535 to figure of the unit), unless the unit is rented at a
Complete lines 1a, 1b, and 2 for each
your deduction, if any. fair rental price to that person as his or
rental real estate property. For royalty
her main home,
property, enter code “6” on line 1b and
leave lines 1a and 2 blank for that prop- • Anyone who pays less than a fair
rental price for the unit, or
erty.
• Anyone under an agreement that
lets you use some other unit.

E-5
Do not count as personal use: If you are in business as a self-em-
• Any day you spent working sub- Line 3 ployed writer, inventor, artist, etc., re-
stantially full time repairing and main- If you received rental income from real port your royalty income and expenses
taining the unit, even if family members estate (including personal property on Schedule C or C-EZ, not on Sched-
used it for recreational purposes on that leased with real estate), report the in- ule E.
day, or come on line 3. Use a separate column
You may be able to treat amounts re-
• Any days you used the unit as your (A, B, or C) for each rental property. In-
ceived as “royalties” for the transfer of a
main home before or after renting it or clude income received for renting a
patent or amounts received on the dis-
offering it for rent, if you rented or tried room or other space.
posal of coal and iron ore as the sale of a
to rent it for at least 12 consecutive
If you received services or property capital asset. For details, see Pub. 544.
months (or for a period of less than 12
instead of money as rent, report the fair
consecutive months at the end of which Enter on line 4 the gross amount of
market value of the services or property
you sold or exchanged it). royalty income, even if state or local
as rental income on line 3.
taxes were withheld from oil or gas pay-
Whether or not you can deduct ex- If you provided significant services to ments you received. Include taxes with-
penses for the unit depends on whether the renter, such as maid service, report held by the producer on line 16.
or not you used the unit as a home in the rental activity on Schedule C or
2018. You used the unit as a home if C-EZ, not on Schedule E. Significant General Instructions for
your personal use of the unit was more
than the greater of:
services do not include the furnishing of Lines 5 Through 21
heat and light, cleaning of public areas,
• 14 days, or trash collection, or similar services. Enter your rental and royalty expenses
• 10% of the total days it was rented If you were a real estate dealer, in-
for each property in the appropriate col-
to others at a fair rental price. umn. You can deduct all ordinary and
clude only the rent received from real necessary expenses, such as taxes, inter-
If you did not use the unit as a home, estate (including personal property est, repairs, insurance, management fees,
you can deduct all your expenses for the leased with this real estate) you held for agents' commissions, and depreciation.
rental part, subject to the at-risk rules the primary purpose of renting to pro-
and the passive activity loss rules ex- duce income. Do not use Schedule E to Do not deduct the value of your own
plained earlier. report income and expenses from rentals labor or amounts paid for capital invest-
of real estate you held for sale to cus- ments or capital improvements.
If you did use the unit as a home and tomers in the ordinary course of your Enter your total expenses for mort-
rented the unit out for fewer than 15 business as a real estate dealer. Instead, gage interest (line 12), depreciation ex-
days in 2018, do not report the rental in- use Schedule C or C-EZ for those rent- penses and depletion (line 18), and total
come and do not deduct any rental ex- als. expenses (line 20) on lines 23c through
penses. If you itemize deductions on
For more details on rental income, 23e, respectively, even if you have only
Schedule A, you can deduct allowable
see Pub. 527. one property.
interest, taxes, and casualty losses.
Rental income from farm production Renting out part of your home. If you
If you did use the unit as a home and or crop shares. Report farm rental in- rent out only part of your home or other
rented the unit out for 15 or more days come and expenses on Form 4835 if: property, deduct the part of your expen-
in 2018, you may not be able to deduct • You are an individual, ses that applies to the rented part.
all your rental expenses. See Pub. 527
for more information.
• You received rental income based Credit or deduction for access expen-
on crops or livestock produced by the ditures. You may be able to claim a tax
Regardless of whether you used tenant, and credit for eligible expenditures paid or
! the unit as a home, expenses • You did not materially participate incurred in 2018 to provide access to
CAUTION related to days of personal use in the management or operation of the your business for individuals with disa-
do not qualify as rental expenses. You farm. bilities. See Form 8826 for details.
must allocate your expenses based on You also can elect to deduct up to
the number of days of personal use to to- Line 4 $15,000 of qualified costs paid or incur-
tal use of the property. For example, you Report on line 4 royalties from oil, gas, red in 2018 to remove architectural or
used your property for personal use for or mineral properties (not including op- transportation barriers to individuals
7 days and rented it for 63 days. In most erating interests); copyrights; and pat- with disabilities and the elderly.
cases, 10% (7÷70) of your expenses are ents. Use a separate column (A, B, or C) You cannot take both the credit and
not rental expenses and cannot be de- for each royalty property. the deduction for the same expenditures.
ducted on Schedule E.
If you received $10 or more in royal-
QJV. Check the box for “QJV” if you ties during 2018, the payer should send Line 6
owned the property as a member of a you a Form 1099-MISC or similar state- You can deduct ordinary and necessary
qualified joint venture reporting income ment by January 31, 2019, showing the auto and travel expenses related to your
not subject to self-employment tax. See amount you received. Report this rental activities, including 50% of meal
Qualified Joint Venture, earlier. amount on line 4. expenses incurred while traveling away

E-6
from home. In most cases, you can ei- tach a statement to your return explain-
ther deduct your actual expenses or take Lines 12 and 13 ing the difference. In the space to the
the standard mileage rate. You must use In most cases, to determine the interest left of line 12, enter “See attached.”
actual expenses if you used more than expense allocable to your rental activi-
four vehicles simultaneously in your ties, you must have records to show how Note. If the recipient was not a finan-
rental activities (as in fleet operations). the proceeds of each debt were used. cial institution or you did not receive a
You cannot use actual expenses for a Specific tracing rules apply for allocat- Form 1098 from the recipient, report
leased vehicle if you previously used the ing debt proceeds and repayment. See your deductible mortgage interest on
standard mileage rate for that vehicle. Pub. 535 for details. line 13.
Limitation on business interest. Inter- If you and at least one other person
You can use the standard mileage (other than your spouse if you file a joint
est you paid as part of your rental real
rate for 2018 only if you: return) were liable for and paid interest
estate activity is not subject to the limi-
• Owned the vehicle and used the tation on business interest unless your on the mortgage, and the other person
standard mileage rate for the first year rental real estate activity is a trade or received Form 1098, report your share
you placed the vehicle in service, or business. If your rental real estate activi- of the deductible interest on line 13. At-
• Leased the vehicle and are using ty is a trade or business, you must file tach a statement to your return showing
the standard mileage rate for the entire Form 8990 to deduct any interest expen- the name and address of the person who
lease period (except the period, if any, ses of that rental real estate activity un- received Form 1098. On the dotted line
before 1998). less you meet one of the filing excep- next to line 13, enter “See attached.”
If you take the standard mileage rate, tions listed in the Instructions for Form
multiply the number of miles driven in 8990. Line 14
connection with your rental activities by If the interest you paid in your rental You can deduct the amounts paid for re-
54.5 cents a mile. Include this amount real estate trade or business is limited, pairs and maintenance. However, you
and your parking fees and tolls on line 6. figure the limit on your business interest cannot deduct the cost of improvements.
expenses on Form 8990 before complet- Repairs and maintenance costs are those
You cannot deduct rental or
ing lines 12 and 13. Follow the instruc- costs that keep the property in an ordina-
! lease payments, depreciation,
CAUTION or your actual auto expenses if
tions in How to report, later, but report rily efficient operating condition. Exam-
the reduced interest on lines 12 and 13. ples are fixing a broken lock or painting
you use the standard mileage rate.
The interest you can't deduct this year a room.
will carry forward to next year on Form
If you deduct actual auto expenses: In contrast, improvements are
8990.
• Include on line 6 the rental activity If your real estate activity is not a
amounts paid to better or restore your
portion of the cost of gasoline, oil, re- property or adapt it to a new or different
trade or business or you meet one of the use. Examples of improvements are add-
pairs, insurance, tires, license plates,
filing exceptions for Form 8990, follow ing substantial insulation or replacing an
etc., and
the instructions in How to report, later,
• Show auto rental or lease pay- and report all of your deductible interest
entire HVAC system. Amounts paid to
ments on line 19 and depreciation on improve your property generally must
on lines 12 and 13. be capitalized and depreciated (that is,
line 18.
How to report. If you have a mortgage they cannot be deducted in full in the
If you claim any auto expenses (ac- on your rental property, enter on line 12 year they are paid or incurred). See
tual or the standard mileage rate), you the amount of interest you paid for 2018 Line 18, later.
must complete Part V of Form 4562 and to banks or other financial institutions.
attach Form 4562 to your tax return. Do not deduct prepaid interest when Line 17
you paid it. You can deduct it only in the You can deduct the cost of ordinary and
See Pub. 527 and Pub. 463 for de-
year to which it is properly allocable. necessary telephone calls related to your
tails.
Points, including loan origination fees, rental activities or royalty income (for
charged only for the use of money must
Line 10 be deducted over the life of the loan.
example, calls to the renter). However,
the base rate (including taxes and other
Include on line 10 fees for tax advice If you paid $600 or more in interest charges) for local telephone service for
and the preparation of tax forms related on a mortgage during 2018, the recipient the first telephone line into your resi-
to your rental real estate or royalty prop- should send you a Form 1098 or similar dence is a personal expense and is not
erties. statement by January 31, 2019, showing deductible.
the total interest received from you.
Do not deduct legal fees paid or in-
curred to defend or protect title to prop- If you paid more mortgage interest Line 18
erty, to recover property, or to develop than is shown on your Form 1098 or Depreciation is the annual deduction
or improve property. Instead, you must similar statement, see Pub. 535 to find you must take to recover the cost or oth-
capitalize these fees and add them to the out if you can deduct part or all of the er basis of business or investment prop-
property's basis. additional interest. If you can, enter the erty having a useful life substantially be-
entire deductible amount on line 12. At-

E-7
yond the tax year. Land is not deprecia-
ble. Line 21 Part II
If you have amounts for which you are
Depreciation starts when you first use not at risk, use Form 6198 to determine Income or Loss From
the property in your business or for the the amount of your deductible loss. En- Partnerships and S
production of income. It ends when you ter that amount in the appropriate col-
deduct all your depreciable cost or other umn of Schedule E, line 21. In the space Corporations
basis or no longer use the property in to the left of line 21, enter “Form 6198.” If you are a member of a partnership or
your business or for the production of Attach Form 6198 to your return. For joint venture or a shareholder in an S
income. details on the at-risk rules, see At-Risk corporation, use Part II to report your
Rules, earlier. share of the partnership or S corporation
See the Instructions for Form 4562 to income (even if not received) or loss.
figure the amount of depreciation to en-
Line 22 If you elected to be taxed as a
ter on line 18.

You must complete and attach Form


Do not complete line 22 if the amount
on line 21 is from royalty properties.
! qualified joint venture instead
CAUTION of a partnership, follow the re-

4562 only if you are claiming: porting rules under Qualified Joint Ven-
• Depreciation on property first If you have a rental real estate loss ture, earlier.
placed in service during 2018, from a passive activity (defined earlier),
• Depreciation on listed property the amount of loss you can deduct may You should receive a Schedule K-1
(defined in the Instructions for Form be limited by the passive activity loss from the partnership or S corporation.
4562), including a vehicle, regardless of rules. You may need to complete Form You also should receive a copy of the
the date it was placed in service, or 8582 to figure the amount of loss, if any, Partner's or Shareholder's Instructions
• A section 179 expense deduction to enter on line 22. See the Instructions for Schedule K-1. Your copy of Sched-
or amortization of costs that began in for Form 8582 to determine if your loss ule K-1 and its instructions will tell you
2018. is limited. where on your return to report your
share of the items. If you did not receive
See Pub. 527 for more information on If your rental real estate loss is not these instructions with your Sched-
depreciation of residential rental proper- from a passive activity or you meet the ule K-1, see the instructions for Form
ty. See Pub. 946 for a more comprehen- Exception for Certain Rental Real Es- 1040 or Form 1040NR for how to get
sive guide to depreciation. tate Activities (explained earlier), you do tax forms, instructions, and publications.
not have to complete Form 8582. Enter Do not attach Schedules K-1 to your re-
If you have an economic interest in the loss from line 21 on line 22. turn. Keep them for your records.
mineral property, you may be able to
If you have an unallowed rental real If you are treating items on your tax
take a deduction for depletion. Mineral
estate loss from a prior year that after return differently from the way the part-
property includes oil and gas wells,
completing Form 8582 you can include nership (other than an electing large
mines, and other natural deposits (in-
this year, include that loss on line 22. partnership) or S corporation reported
cluding geothermal deposits). See Pub.
them on its return, you may have to file
535 for details.
Form 8082. If you are a partner in an
Parts II and III
Separating cost of land and buildings. electing large partnership, you must re-
If you buy buildings and your cost in- port the items shown on Schedule K-1
cludes the cost of the land on which they (Form 1065-B) on your tax return the
stand, you must divide the cost between If you need more space in Part II or III
same way the partnership reported the
the land and the buildings to figure the to list your income or losses, attach a
items on Schedule K-1.
basis for depreciation of the buildings. continuation sheet using the same for-
The part of the cost that you allocate to mat as shown in Part II or III. However,
be sure to complete the “Totals” col- Special Rules That Limit Losses
each asset is the ratio of the fair market
value of that asset to the fair market val- umns for lines 29a and 29b, or lines 34a If you report a loss from a partnership or
ue of the whole property at the time you and 34b, as appropriate. If you also S corporation, your loss may be reduced
buy it. completed Part I on more than one or not allowed this year. Apply the basis
Schedule E, use the same Schedule E on rules, at-risk rules, and passive activity
If you are not certain of the fair mar-
which you entered the combined totals loss rules to your loss on Schedule E. If
ket values of the land and the buildings,
in Part I. your loss also is subject to the excess
you can divide the cost between them
Tax preference items. If you are a business loss rules, you figure that limi-
based on their assessed values for real
partner, a shareholder in an S corpora- tation separately on Form 461. Any re-
estate tax purposes.
tion, or a beneficiary of an estate or duction to your loss due to the excess
business loss rules will not be reflected
Line 19 trust, you must take into account your
on your Schedule E.
share of preferences and adjustments
Enter on line 19 any ordinary and neces- from these entities for the alternative Basis rules for partnerships. General-
sary expenses not listed on lines 5 minimum tax on Form 6251 or Sched- ly, you may not claim your share of a
through 18. ule I (Form 1041). partnership loss (including a capital

E-8
loss) to the extent that it is greater than cause of the basis rules, but all or part is If you had a loss from the partnership
the adjusted basis of your partnership in- allowed this year, see Line 27, later, for or S corporation that was not allowed
terest at the end of the partnership's tax how to report it. last year because of the passive activity
year. Any losses and deductions not al- After applying the basis rules, the loss rules, but all or part is allowed this
lowed this year because of the basis lim- loss you report on Schedule E may be year, see Line 27, later, for how to report
it can be carried forward indefinitely and further reduced by the at-risk rules and it.
deducted in a later year subject to the passive activity loss rules. Excess business loss rules. If you re-
basis limit for that year. To figure the port a loss on Schedule E from a part-
At-risk rules. If you have (a) a loss or
basis of your interest in a partnership, nership or S corporation engaged in a
other deduction from any activity car-
you can use the Worksheet for Adjusting trade or business, use Form 461 to figure
ried on as a trade or business or for the
the Basis of a Partner's Interest in the your excess business loss. Your excess
production of income by the partnership
Partnership in the Partner's Instructions business loss will not be reflected on
or S corporation, and (b) amounts in the
for Schedule K-1 (Form 1065). For your Schedule E; instead, it will be add-
activity for which you are not at risk,
more details on the basis rules for part- ed to your income on Form 1040 and
your loss may be limited. For more in-
nerships, see Pub. 541. carried forward to a subsequent year as a
formation, see At-Risk Rules, earlier.
If you had a loss from a partnership net operating loss.
If you are subject to the at-risk rules
that was not allowed last year because of
for any activity, check the box on the
the basis rules, but all or part is allowed Domestic Partnerships
appropriate line in Part II, column (f) of
this year, see Line 27, later, for how to
Schedule E, and use Form 6198 to figure See the Schedule K-1 instructions before
report it.
the amount of any deductible loss. If the entering on your return other partnership
After applying the basis rules, the activity is nonpassive, enter any deducti- items from a passive activity or income
loss you report on Schedule E may be ble loss from Form 6198 on the appro- or loss from any publicly traded partner-
further reduced by the at-risk rules and priate line in Part II, column (i) of ship.
passive activity loss rules. Schedule E. You can deduct unreimbursed ordina-
Basis rules for S corporations. Gener- If you had a loss from the partnership ry and necessary expenses you paid on
ally, the deduction for your share of ag- or S corporation that was not allowed behalf of the partnership if you were re-
gregate losses and deductions reported last year because of the at-risk rules, but quired to pay these expenses under the
on Schedule K-1 (Form 1120S) is limi- all or part is allowed this year, see partnership agreement. See Line 27, lat-
ted to the basis of your stock (deter- Line 27, later, for how to report it. er, for how to report these expenses.
mined with regard to distributions re-
After applying the at-risk rules, the If you used loan proceeds to buy an
ceived during the tax year) and loans
loss you report on Schedule E may be interest in, or make a contribution to the
from you to the corporation. The basis
further reduced by the passive activity capital of, a partnership (debt-financed
of your stock is generally figured at the
loss rules. acquisition), report your share of deduc-
end of the corporation's tax year. Any
Passive activity loss rules. For more tible partnership interest expense on ei-
losses and deductions not allowed this
information about passive activity los- ther Schedule A or Schedule E, depend-
year because of the basis limit can be
ses, see Passive Activity Loss Rules, ear- ing on the type of asset (or expenditure
carried forward indefinitely and deduc-
lier. if the allocation is based on the tracing
ted in a later year subject to the basis
of loan proceeds) to which the interest
limit for that year. To figure your aggre- If you have a passive activity loss, in expense is allocated. See Line 28 for
gated stock basis, you generally can use most cases you need to complete Form more information about reporting these
the Worksheet for Figuring a Sharehold- 8582 to figure the amount of the loss to interest expenses.
er's Stock and Debt Basis in the Share- enter in Part II, column (g), for that ac-
holder's Instructions for Schedule K-1 tivity. But if you are a general partner or If you claimed a credit for federal tax
(Form 1120S). For more details on the an S corporation shareholder reporting on gasoline or other fuels on your 2017
basis rules for S corporations, see the your share of a partnership or an S cor- Form 1040 or Form 1040NR based on
Shareholder's Instructions for Sched- poration loss from a rental real estate ac- information received from the partner-
ule K-1 (Form 1120S). tivity and you meet all of the conditions ship, enter as income in column (h) or
listed earlier under Exception for Cer- column (k), whichever applies, the
If you are claiming a deduction for
tain Rental Real Estate Activities, you amount of the credit claimed for 2017.
your share of an aggregate loss, check
the box on the appropriate line in Part II, do not have to complete Form 8582. In- Part or all of your share of partner-
column (e), and attach to your return a stead, enter your loss in Part II, column ship income or loss from the operation
computation of the adjusted basis of (g). of the business may be considered net
your corporate stock and of any debt the If you have passive activity income, earnings from self-employment that
corporation owes you. For details, see complete Part II, column (h), for that ac- must be reported on Schedule SE. Enter
the Shareholder's Instructions for Sched- tivity. If you have nonpassive income or the amount from Schedule K-1 (Form
ule K-1 (Form 1120S). losses, complete Part II, columns (i) 1065), box 14, code A (or from Sched-
through (k), as appropriate. ule K-1 (Form 1065-B), box 9 (code
If you had a loss from an S corpora-
J1)), on Schedule SE, after you reduce
tion that was not allowed last year be-

E-9
this amount by any allowable expenses 3. You had an acquisition, disposi-
attributable to that income. tion, or change in proportional interest Line 27
of a foreign partnership that: If you answered “Yes” on line 27, fol-
Foreign Partnerships a. Increased your direct interest to at low the instructions below. If you do not
least 10% or reduced your direct interest follow these instructions, the IRS may
Follow the instructions below in addi-
of at least 10% to less than 10%, or send you a notice of additional tax due
tion to the instructions earlier for Do-
because the amounts reported by the
mestic Partnerships. b. Changed your direct interest by at partnership or S corporation on Sched-
If you are a U.S. person, you may least a 10% interest. ule K-1 do not match the amounts you
have received Forms 1099-B, 4. You contributed property to a for- reported on your tax return.
1099-DIV, and 1099-INT reporting your eign partnership in exchange for a part-
share of certain partnership income, be- nership interest if: Losses Not Allowed in Prior Years
cause payors of income to the foreign a. Immediately after the contribu- Due to the Basis, Excess Farm
partnership in most cases are required to tion, you owned, directly or indirectly,
allocate and report payments of that in- Loss, or At-Risk Rules
at least a 10% interest in the partnership,
come directly to each of the partners of or • Enter your total prior year unal-
the foreign partnership. If you received lowed losses that are now deductible on
both Schedule K-1 and Form 1099 for b. The value of the property you a separate line in column (i) of line 28.
the same type and source of partnership contributed, when added to the value of Do not combine these losses with, or net
income, report only the income shown any other property you or any related them against, any current year amounts
on Schedule K-1 in accordance with its person contributed to the partnership from the partnership or S corporation.
during the 12-month period ending on
instructions.
the date of transfer, exceeds $100,000.
• Enter “PYA” in column (a) of the
If you are not a U.S. person, you may same line.
have received Forms 1042-S reporting Also, you may have to file Form
your share of certain partnership in- 8865 if you contributed property with Prior Year Unallowed Losses
come, because payors of income to the built-in gain to a foreign partnership (or From a Passive Activity Not
foreign partnership in most cases are re- certain domestic partnerships) or to re- Reported on Form 8582
quired to allocate and report payments port certain dispositions by a foreign
of that income directly to each of the partnership of property you previously • Enter on a separate line in column
(g) of line 28 your total prior year unal-
partners of the foreign partnership. If contributed to that partnership if you
lowed losses not reported on Form 8582.
you received both Schedule K-1 and were a partner at the time of the disposi-
Such losses include prior year unal-
Form 1042-S for the same type and tion.
lowed losses now deductible because
source of partnership income, report the For more details, including penalties you did not have an overall loss from all
income on your return as follows. for failing to file Form 8865, see Form passive activities or you disposed of
• For all income effectively connec- 8865 and its separate instructions. your entire interest in a passive activity
ted with the conduct of a trade or busi- in a fully taxable transaction. Do not
ness in the United States, report only the S Corporations combine these losses with, or net them
income shown on Schedule K-1 in ac- against, any current year amounts from
Distributions of prior year accumulated
cordance with its instructions. the partnership or S corporation.
earnings and profits of S corporations
• For all income not effectively con- are dividends and are reported on Form • Enter “PYA” in column (a) of the
nected with the conduct of a trade or same line.
1040, line 3b.
business in the United States, report on
page 4 of Form 1040NR only the in- If you used loan proceeds to buy an
interest in, or make a contribution to the Unreimbursed Partnership
come shown on Form 1042-S (if you are
required to file Form 1040NR). capital of, an S corporation (debt-fi- Expenses
Requirement to file Form 8865. If you nanced acquisition), report your share of You can deduct unreimbursed ordinary
are a U.S. person, you may have to file deductible S corporation interest ex- and necessary partnership expenses you
Form 8865 if any of the following ap- pense on either Schedule A or Sched- paid on behalf of the partnership on
plies. ule E, depending on the type of asset (or Schedule E if you were required to pay
expenditure if the allocation is based on these expenses under the partnership
1. You controlled a foreign partner- the tracing of loan proceeds) to which agreement. You only can deduct unreim-
ship (that is, you owned more than a the interest expense is allocated. See bursed expenses on Schedule E that are
50% direct or indirect interest in the Line 28 for more information about re- trade or business expenses under section
partnership). porting these interest expenses. 162. Don't report unreimbursed partner-
2. You owned at least a 10% direct Your share of the net income of an S ship expenses separately if the expenses
or indirect interest in a foreign partner- corporation is not subject to self-em- are from a passive activity and you are
ship while U.S. persons controlled that ployment tax. required to file Form 8582; otherwise,
partnership. do the following.
• Enter unreimbursed partnership
expenses from nonpassive activities on a

E-10
separate line in column (i) of line 28. Do entity in column (a) and the amount in Schedule B (Form 1040) and may have
not combine these expenses with, or net column (g). to file Form 3520. In addition, the owner
them against, any other amounts from For interest allocated to investment of a foreign trust must ensure that the
the partnership. use, enter the interest on Form 4952. trust files an annual information return
• If the expenses are from a passive Carry any deductible amount allocated on Form 3520-A.
activity and you are not required to file to royalties to a separate line of your
Form 8582, enter the expenses related to Schedule E, Part II. Put "investment in-
a passive activity on a separate line in
column (g) of line 28. Do not combine
terest" and the name of the entity in col- Part IV
umn (a) and the amount in column (i).
these expenses with, or net them against, Carry the balance of the deductible Income or Loss From Real
any other amounts from the partnership. amount to Schedule A, line 8. Estate Mortgage Investment
• Enter “UPE” in column (a) of the
same line.
Any interest allocated to proceeds Conduits (REMICs)
used for personal purposes is generally
not deductible. If you are the holder of a residual inter-
Line 28 est in a REMIC, use Part IV to report
For more information on allocating your total share of the REMIC's taxable
For nonpassive income or loss and pas- and reporting these interest expenses,
sive income or losses for which you are income or loss for each quarter included
see Notice 88-37 in Cumulative Bulletin in your tax year. You should receive
not filing Form 8582, enter in the appli- 1988-1. Also, see Notice 89-35 in Cu-
cable column of line 28 your current Schedule Q (Form 1066) and instruc-
mulative Bulletin 1989-1. tions from the REMIC for each quarter.
year ordinary income or loss (after ap-
plying any special rules that limit losses) Do not attach Schedule(s) Q to your re-
turn. Keep them for your records.
Part III
from the partnership or S corporation.
Report each related item required to be If you are treating REMIC items on
reported on Schedule E (including items
of income or loss stated separately on Income or Loss From your tax return differently from the way
the REMIC reported them on its return,
Schedule K-1) in the applicable column Estates and Trusts you may have to file Form 8082.
of a separate line following the line on If you are a beneficiary of an estate or
which you reported the current year or- If you are the holder of a residual in-
trust, use Part III to report your part of terest in more than one REMIC, attach a
dinary income or loss. Also, enter a de- the income (even if not received) or loss.
scription of the related item (for exam- continuation sheet using the same for-
You should receive a Schedule K-1 mat as in Part IV. Enter the combined
ple, depletion) in column (a) of the same (Form 1041) from the fiduciary. Your
line. totals of columns (d) and (e) on Sched-
copy of Schedule K-1 and its instruc- ule E, line 39. If you also completed Part
tions will tell you where on your return I on more than one Schedule E, use the
If you are required to file Form 8582,
to report the items from Schedule K-1. same Schedule E on which you entered
see the Instructions for Form 8582 be-
Do not attach Schedule K-1 to your re- the combined totals in Part I.
fore completing Schedule E.
turn. Keep it for your records.
Debt-financed acquisition. A debt-fi- REMIC income or loss is not income
nanced acquisition is the use of loan If you are treating items on your tax or loss from a passive activity.
proceeds to buy an interest in, or to return differently from the way the es-
make a contribution to the capital of, a tate or trust reported them on its return, Note. If you are the holder of a regular
partnership or S corporation. You must you may have to file Form 8082. interest in a REMIC, do not use Sched-
allocate the loan proceeds and the rela- If you have estimated taxes credited ule E to report the income you received.
ted interest expense among all the assets to you from a trust (Form 1041, Sched- Instead, report it on Form 1040, line 2b.
of the entity. You can use any reasona- ule K-1, box 13, code A), enter “ES pay- Column (c). Report the total of the
ble method. ment claimed” and the amount on the amounts shown on Schedule(s) Q,
For interest allocated to trade or busi- dotted line next to line 37. Do not in- line 2c. This is the smallest amount you
ness assets (or expenditures), report the clude this amount in the total on line 37. are allowed to report as your taxable in-
interest on a separate line of your Sched- Instead, enter the amount on Schedule 5 come (Form 1040, line 10). It also is the
ule E, Part II. Put "business interest" and (Form 1040), line 66, or Form 1040NR, smallest amount you are allowed to re-
the name of the partnership or S corpo- line 63. port as your alternative minimum taxa-
ration in column (a) and the amount in ble income (AMTI) on Form 6251,
A U.S. person who transferred prop-
column (i). line 4.
erty to a foreign trust may have to report
For interest allocated to passive activ- the income received by the trust as a re- If the amount in column (c) is larger
ity use, enter the interest on Form 8582 sult of the transferred property if, during than your taxable income would other-
as a deduction from the passive activity 2018, the trust had a U.S. beneficiary. wise be, enter the amount from column
of the partnership or S corporation. See section 679. An individual who re- (c) on Form 1040, line 10, or Form
Show any deductible amount on a sepa- ceived a distribution from, or who was 1040NR, line 41. Similarly, if the
rate line on your Schedule E, Part II. Put the grantor of or transferor to, a foreign amount in column (c) is larger than your
"passive interest" and the name of the trust also must complete Part III of AMTI would otherwise be, enter the

E-11
amount from column (c) on Form 6251, 1. Your gross farming or fishing in- The time needed to complete and file
line 4. Enter “Sch Q” on the dotted line come for 2017 or 2018 is at least this form will vary depending on indi-
to the left of this amount on Form 1040, two-thirds of your gross income, and vidual circumstances. The estimated
line 10 (or Form 1040NR, line 41), and 2. You file your 2018 tax return and burden for individual taxpayers filing
Form 6251, line 4, if applicable. pay the tax due by March 1, 2019. this form is included in the estimates
shown in the instructions for their indi-
Note. These rules also apply to estates vidual income tax return. The estimated
Paperwork Reduction Act Notice. We
and trusts that hold a residual interest in burden for all other taxpayers who file
ask for the information on this form to
a REMIC. Be sure to make the appropri- this form is approved under OMB con-
carry out the Internal Revenue laws of
ate entries on the comparable lines on trol number 1545-1972 and is shown
the United States. You are required to
Form 1041. next.
give us the information. We need it to
Do not include the amount ensure that you are complying with
these laws and to allow us to figure and Recordkeeping . . . . . . . . . 3 hrs., 3 min.
!
CAUTION
shown in column (c) in the total
on Schedule E, line 39. collect the right amount of tax. Learning about the law or the
form . . . . . . . . . . . . . . . 1 hr., 2 min.
You are not required to provide the Preparing the form . . . . . . 1 hr., 34 min.
Column (e). Report the total of the information requested on a form that is Copying, assembling, and
amounts shown on Schedule(s) Q, subject to the Paperwork Reduction Act sending the form to the IRS . 34 min.
line 3b. unless the form displays a valid OMB
control number. Books or records relat-
ing to a form or its instructions must be If you have comments concerning the
Part V
retained as long as their contents may accuracy of these time estimates or sug-
become material in the administration of gestions for making this form simpler,
Summary any Internal Revenue law. Generally,
tax returns and return information are
we would be happy to hear from you.
See the instructions for the tax return
Line 42 confidential, as required by section with which this form is filed.
6103.
You will not be charged a penalty for
underpayment of estimated tax if:

E-12

Vous aimerez peut-être aussi