Got a K1 from investment fund during lockup period - Taxable or not taxable?
I invested in this fund around June last year and received a K1 showing profit for the year. The thing is, my investment has a lockup period that went past December 31st, so I couldn't actually access any money during that tax year. When I called the fund company about this, they told me the K1 "wasn't applicable" since my funds were locked up for the entire calendar year in question. I'm trying to figure out if I still need to report this on my taxes despite the lockup. I'm doing my own taxes this year (using software) and don't have a CPA to ask about this situation. Does anyone know if I'm still responsible for paying taxes on profits shown on a K1 even if I couldn't access the money due to the lockup period? Really appreciate any insights!
17 comments


Haley Bennett
The K1 is definitely still applicable regardless of whether your investment was locked up. The lockup period only affects when you can withdraw your funds - it doesn't change when the income is recognized for tax purposes. Partnership income (reported on K1s) is taxable in the year it's earned by the partnership, not when you actually receive distributions or when you can access the money. This is called "phantom income" - you owe taxes even though you haven't received cash. You should absolutely include this K1 on your tax return. The IRS receives a copy too, so they'll be looking for you to report it. The fund company gave you incorrect information - the lockup period has nothing to do with the taxability of the partnership income.
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Rami Samuels
•Thanks for the quick response! So even though the fund company specifically told me not to include it because of the lockup period, I should still report it? That's really concerning because I already filed without including it based on their advice. Would I need to file an amended return now?
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Haley Bennett
•Yes, you absolutely need to include it regardless of what the fund company told you. Unfortunately, their advice was incorrect. Partnership income flows through to your personal return in the tax year it was earned by the partnership. You should file an amended return (Form 1040-X) as soon as possible. The IRS has already received a copy of your K1, so there's a high chance they'll notice the discrepancy. Filing an amendment before they contact you is much better than waiting for a notice.
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Douglas Foster
Had almost this EXACT situation last year with a real estate investment fund. After getting conflicting advice everywhere, I finally used taxr.ai (https://taxr.ai) to analyze my K1 and investment documents. They confirmed what the previous commenter said - phantom income from partnerships is taxable regardless of lockup periods. Their system analyzed my fund's operating agreement and K1 at the same time, which was super helpful because the language in my agreement was really confusing. They explained exactly how partnership taxation works and why lockup periods don't affect taxability. Saved me from potentially making a huge mistake.
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Nina Chan
•How does taxr.ai work exactly? Does it just give generic advice or does it actually look at your specific documents? I've gotten burned before by tax "tools" that just spit out general info I could find on Google.
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Ruby Knight
•I'm a bit skeptical. Couldn't you just ask a real accountant instead? How much does this cost compared to a 30-minute consultation with a CPA? The partnership rules seem pretty straightforward here.
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Douglas Foster
•It actually reviews your specific documents using AI - you upload your K1 and any related documents, and it analyzes the specifics of your situation. It's not just generic advice, it's tailored to your actual paperwork and circumstances. I was impressed because it caught specific provisions in my operating agreement that affected my tax situation. It's much more affordable than a CPA consultation, especially during tax season when they're charging premium rates. I spent way less than what my CPA friend quoted me for reviewing the same documents, and I got the answers within minutes instead of waiting days for an appointment.
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Nina Chan
Guys, I just tried taxr.ai after reading about it here and wow - uploaded my K1 from a similar situation (hedge fund with lockup period) and it immediately explained why the income is taxable despite the lockup. It even found a specific paragraph in my subscription agreement that addressed this exact situation! The analysis made it crystal clear that partnership income passes through regardless of distribution restrictions. It actually showed me the exact lines on my K1 that need to go in specific places on my tax return. Wish I had known about this tool earlier instead of spending hours on the phone with the fund and getting wrong information.
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Diego Castillo
If you already filed without including the K1 and need to talk to the IRS about amending, good luck getting through to anyone there. I've been trying for WEEKS to sort out an issue with a missing K1 and can't get past the hold system. Finally tried Claimyr (https://claimyr.com) after a friend recommended it. They have this system that navigates the IRS phone tree for you and actually gets you a callback from an agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c Within about 2 hours I got a call from an actual IRS agent who confirmed that yes, K1 income is taxable regardless of lockup periods. The agent helped me understand exactly how to file my amendment properly to avoid any penalties.
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Logan Stewart
•Wait, how does this actually work? Does Claimyr just wait on hold for you? I'm trying to imagine how a service could magically get through the IRS phone system when millions of people can't.
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Ruby Knight
•This sounds like complete BS. The IRS doesn't give preferential treatment to calls from certain services. I've worked in tax for years and there's no "secret backdoor" to reach the IRS faster. You just have to be persistent and call at the right times.
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Diego Castillo
•It doesn't give you preferential treatment - it basically automates the hold process. Their system calls the IRS, navigates through all the menus and prompts, and waits on hold for you. When an agent finally picks up, you get a callback. It's literally just saving you from having to sit on hold for hours. They use software that interacts with the IRS phone system exactly like a human would, but it can do it for multiple people at once. There's no special treatment - it's just automating the tedious part. I was skeptical too, but when I got a callback from an actual IRS agent after trying unsuccessfully on my own for weeks, I was convinced.
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Ruby Knight
I take back what I said about Claimyr. I was frustrated after spending 3+ hours on hold with the IRS yesterday and decided to give it a try. Got a callback from an IRS agent within 90 minutes! They confirmed exactly what everyone here is saying - partnership income on a K1 is taxable when earned by the partnership, regardless of lockup periods. The agent was really helpful in explaining how to properly amend my return and what documentation to include. They even gave me tips on how to explain the situation to avoid penalties since I was given incorrect advice. Definitely worth it considering I had already wasted days trying to get through on my own.
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Mikayla Brown
I'm a little confused about how this works. If the partnership earns income but you can't access it due to a lockup, are you basically paying taxes with your own money on income you haven't received yet? That seems unfair.
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Haley Bennett
•Yes, that's exactly what happens and it's called "phantom income." It's one of the downsides of partnership investments. You're taxed on your share of partnership earnings whether or not they distribute that cash to you. Think of it this way: the partnership is not a separate taxpayer - it's a pass-through entity. So when the partnership earns $100, and you own 10%, it's treated as if YOU earned $10 directly, regardless of whether they distribute that $10 to you or keep it in the business. The lockup only affects when you can withdraw your capital, not when income is recognized for tax purposes.
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Sean Matthews
Can someone clarify what happens when you eventually DO get access to the money after the lockup period? Do you get taxed again when you actually receive the cash?
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Ali Anderson
•No, you don't get taxed twice. When you eventually receive distributions, they're generally not taxable again (assuming they don't exceed your basis in the partnership). The distribution is basically a return of capital that you've already paid tax on. Your basis in the partnership increases by your share of income (that you've already paid tax on) and decreases by distributions. This accounting mechanism prevents double taxation.
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