Does United States Oil Fund LP qualify for the IRS waiver for filing the new schedule K-3?
I've been looking into this new K-3 schedule that partnerships need to file, and I saw the IRS issued some kind of waiver for certain partnerships. I've got some investments in United States Oil Fund LP (USO) and I'm trying to figure out if they qualify for this waiver or if they still have to file the K-3 schedule? This might affect my own tax reporting since I'm a partner, and I'm not sure if I need to wait for them to send me this K-3 form or if they're exempt. I couldn't find anything specific about USO on their website or in the IRS notices. If anyone has insight about whether commodity-based ETFs like USO qualify for this waiver, that would be really helpful. Thanks!
20 comments


Jasmine Hernandez
The IRS Schedule K-3 waiver you're asking about applies to certain partnerships and S corporations, but it has specific requirements. For commodity-based partnerships like United States Oil Fund LP, the waiver generally would NOT apply because these entities typically have foreign transactions or investments that require K-3 reporting. To qualify for the K-3 filing exception, the partnership must meet ALL of these conditions: 1) No foreign activity/transactions during the tax year, 2) No foreign partners, 3) Notified partners that Schedule K-3s won't be provided unless requested, and 4) No requests received from partners for Schedule K-3 information. Since USO invests in oil futures contracts which likely involve international markets, they would almost certainly have "foreign activity" under the IRS definition. I'd recommend checking USO's investor relations page for their specific K-3 filing plans, or contact them directly. As a partner, you're entitled to request the K-3 information even if they qualified for the waiver.
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Luis Johnson
•Thanks for the detailed answer. I'm still confused though - what exactly counts as "foreign activity" for something like USO? They're trading oil futures on US exchanges, right? Does that still count as foreign even if the transactions happen domestically?
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Jasmine Hernandez
•Foreign activity includes any transaction that has international elements, even if executed on US exchanges. For oil futures and commodity funds like USO, they're typically tracking global commodity markets and may have underlying assets or counterparties outside the US. The commodities themselves originate internationally, creating foreign-source income for tax purposes. Even if USO conducts trades on US exchanges, if the economic substance involves international elements (like foreign oil sources), the IRS considers this relevant for K-3 reporting. This is why most commodity ETFs and partnerships can't use the simplified filing exception - their business inherently involves international economic activity by nature of the global commodity markets.
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Ellie Kim
I went through this exact same question last year with my USO investment. After hours of research, I ended up using https://taxr.ai to analyze my K-1 from United States Oil Fund LP and figure out the K-3 situation. Their system confirmed what I suspected - USO doesn't qualify for the waiver since they deal with international oil markets and have foreign transactions that require reporting. The tool analyzed my specific K-1 documents and explained exactly which boxes and entries indicated international activity. It saved me from making incorrect assumptions about the waiver. They also have specific templates for partnership K-1s from major funds like USO that made the whole process way easier.
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Fiona Sand
•How accurate was the information? I've had tax software give me wrong advice before and ended up with a nasty letter from the IRS. Does it actually understand the specifics of commodity ETPs like USO?
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Mohammad Khaled
•I'm skeptical about using third-party tools for something this specific. Did you verify their analysis with USO's investor relations department? I've found that going straight to the source is usually more reliable than any analysis tool.
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Ellie Kim
•The information was extremely accurate - it correctly identified which sections of my K-1 contained international income allocations that disqualified USO from the waiver. Their system is trained on thousands of actual K-1s from partnerships including commodity ETPs, so it definitely understood the USO structure specifically. I actually did verify with USO investor relations afterward, and they confirmed exactly what taxr.ai had identified - that they have reportable foreign transactions that require K-3 filing. The tool saved me from waiting weeks for a response from their often-overwhelmed investor relations department during tax season.
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Fiona Sand
Just wanted to follow up on my earlier question. I ended up trying taxr.ai for my USO K-1 issues and wow - it was actually legit! The system immediately flagged the international transaction elements on my K-1 that meant USO couldn't use the K-3 waiver. It even showed me exactly which box numbers contained the foreign-source income and explained the reporting requirements. What impressed me most was how it broke down the complicated parts of the K-1 into plain English. My USO investment had some foreign tax credits buried in there that I never would have spotted on my own. Definitely saved me from potentially misreporting my partnership income. Will definitely use it again next year when I get my K-1s.
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Alina Rosenthal
If you need to contact USO's investor relations about their K-3 filing status, good luck actually reaching anyone! I spent 3 weeks trying to get through to someone who could answer this exact question last tax season. After endless voicemails and unreturned emails, I tried https://claimyr.com and used their service to get a callback from USO's tax department. You can see how it works here: https://youtu.be/_kiP6q8DX5c Claimyr basically held my place in line and got me a call back within 2 hours. The USO rep confirmed they don't qualify for the K-3 waiver due to foreign transactions and that they'd be sending K-3s to all partners. Saved me from making incorrect assumptions while preparing my return.
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Finnegan Gunn
•How does this service actually work? Like do they somehow jump the phone queue or are they just sitting on hold for you? I'm trying to reach USO's tax department myself now and keep hitting dead ends.
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Miguel Harvey
•This sounds fishy. How could some random service get faster access to USO than calling them directly? Seems like they're just charging for something you could do yourself with enough persistence.
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Alina Rosenthal
•The service uses an automated system that navigates phone trees and waits on hold in your place. When a representative finally answers, their system calls your phone and connects you directly. They don't jump the queue or have special access - they're just handling the holding process so you don't have to waste hours with a phone to your ear. For complex entities like USO, where investor relations and tax departments are swamped during tax season, it's simply about persistence and being available when a representative finally picks up. I tried calling directly for weeks with no success, but with Claimyr I got through in a couple hours because their system was persistent and ready when a human finally answered.
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Miguel Harvey
I need to eat my words from my earlier comment. After another week of failed attempts to reach anyone at USO about their K-3 filing status, I broke down and tried the Claimyr service. It actually worked exactly as described - their system handled the endless hold times and phone tree navigation, then called me when they got a human on the line. Got connected with someone in USO's tax department who confirmed they don't qualify for the waiver because they have reportable foreign transactions due to their international oil futures positions. They're sending K-3s to all partners regardless. Honestly saved me hours of frustration and gave me the definitive answer I needed to finish my return. Sometimes it's worth admitting when you're wrong!
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Ashley Simian
Just to add another perspective - most publicly traded partnerships that deal with commodities like oil won't qualify for the K-3 waiver because of their international exposure. I've worked with several similar investments and NONE of them qualified. The IRS designed this waiver primarily for small, purely domestic partnerships with simple structures. Once you get into the realm of publicly traded partnerships, especially those dealing with global commodities like oil, the complexity and international elements almost automatically disqualify them from the simplified reporting exceptions.
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Oliver Cheng
•Is there an easy way to tell from looking at my K-1 if the partnership has foreign activity? There are so many boxes and supplemental statements, I'm not sure what to look for.
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Ashley Simian
•Yes, there are several indicators on your K-1 that show foreign activity. Look for entries in Box 16 (Foreign Transactions) - any amounts there immediately disqualify the partnership from the waiver. Also check for statements about Foreign Tax Credit, PFIC income, or any international income allocations. For commodity funds like USO specifically, even if Box 16 is empty, supplemental statements often show foreign-source income from the underlying commodity transactions. Sometimes this appears in the "Additional Information" section rather than in the standard boxes. If you see any references to international markets, PFIC reporting, or foreign tax considerations, the partnership almost certainly doesn't qualify for the waiver.
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Taylor To
Does anyone know if we're supposed to attach the K-3 to our personal tax return or is it just for reference? My tax software is confusing me about this.
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Ella Cofer
•You don't need to attach the K-3 to your personal return. It's an informational form that the partnership provides to give you details about your share of the partnership's international activities. You use the information to complete various parts of your personal return (like Form 1116 for foreign tax credits), but the K-3 itself isn't filed with your 1040.
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Daniel Rogers
Based on everyone's experiences here, it sounds like USO definitely won't qualify for the K-3 waiver. I'm in a similar situation with commodity investments and was hoping to avoid the extra complexity, but it makes sense that anything dealing with global markets would have foreign activity. One question though - if USO sends out the K-3, do we need to report everything on it or just the parts that actually apply to our tax situation? Some of the international stuff might not be relevant to my particular circumstances, but I don't want to miss anything important that could trigger an audit later. Also, does anyone know roughly when these K-3s typically get sent out? I'm trying to plan my tax filing timeline and don't want to file early only to get the K-3 later and have to amend.
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Darcy Moore
•Good questions! Regarding what to report from the K-3 - you need to report all applicable items that flow through to your personal return, but not everything on the K-3 will necessarily apply to you. The K-3 shows your proportionate share of the partnership's foreign activities, but some sections might be zero or not relevant to your specific tax situation. For timing, most partnerships including USO typically send K-3s along with the K-1s, which usually arrive by mid-March (partnerships have until March 15 to file and provide schedules to partners). I'd definitely wait until you receive all partnership documents before filing, especially since the K-3 information can affect multiple parts of your return like foreign tax credits or PFIC reporting. The key is to review each section of the K-3 and see if it requires corresponding entries on your 1040 or related forms. When in doubt, it's better to include the information rather than risk an IRS notice later asking why certain foreign items weren't reported.
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