What to do if Your K-1 Does Not Include Section 199A Information

July 8th, 2019 at 11:44 AM

Tax reform’s Section 199A deduction often confuses small-business owners and tax professionals alike. It’s quite possible you’ll get a Schedule K-1 from a business that omits the information you need to calculate your deduction. 

What do you do? 

You have a big problem. Without a properly completed Schedule K-1, your Section 199A deduction is a big fat $0. 

Best option: fix the K-1. You should request a corrected Schedule K-1 from the entity giving you the Schedule K-1 so you have the information you need to calculate your Section 199A deduction. 

Not-so-great options. If you can’t get a corrected Schedule K-1, you have two options: 

1. Take no Section 199A deduction.
2. File Form 8082 with your tax return and claim the Section 199A deduction.

You file Form 8082 with your tax return when you take a position on your tax return that is inconsistent with the Schedule K-1 you received. 

Since the final regulations presume the Section 199A amounts are $0 when omitted, it is possible Form 8082 can rebut that presumption. The truth is, we do not know for sure. 

You can determine qualified business income, but not W-2 wages or unadjusted basis immediately after acquisition of qualified property, from the other information on the Schedule K-1. Therefore, the Form 8082 option is likely available only if you are under the Section 199A taxable income threshold ($315,000 on a joint return or $157,500 for all other filing statuses). 

You also might use Form 8082 if your Schedule K-1 has wrong Section 199A information—for example, if the K-1 indicates the business is a specified service trade or business, but it is not. 

Amended return. If you did not take a Section 199A deduction and you eventually get a corrected Schedule K-1, you can claim it on an amended return and claim a refund. 

Mark S. Fineberg, CPA