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Brianna Schmidt

How do I file taxes with a Schedule K1 but missing the Schedule K3?

So I got myself into a weird situation after buying into USO last year on my friend's recommendation. The investment ended up losing about 30% of its value, but I'm holding on. The value drop isn't my main concern right now though. Just figured out last week that this is actually a "Partnership" and not a regular ETF like I thought. I received a Schedule K1 form, and Box 16 mentions that a Schedule K3 will be issued, but says it's not due until June 2023. I checked Box 21 for foreign taxes or credits and it's completely empty. My big question is: How am I supposed to meet the April tax filing deadline if I don't have the K3 yet? Do I file without it? Wait? File an extension? I'm a non-resident alien if that affects anything, but I'm also curious how anyone deals with this issue. Even my accountant seems confused about how to handle this situation properly.

Alexis Renard

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This is actually a common issue with partnerships that have foreign investments or operations. When you receive a K-1 indicating a K-3 will come later, you have a few options: You can file an extension using Form 4868, which gives you until October 15 to file your complete return. This is probably the cleanest solution and what most tax professionals recommend. The extension is automatic - you don't need to provide a reason. You could also file your return without the K-3 information, then file an amended return later when you receive the K-3. However, this creates extra work and potential complications. Since Box 21 is empty, it's possible the K-3 won't contain significant information that would impact your tax liability. Some partnerships issue K-3s with minimal or zero impact on individual returns, especially for investors with small holdings.

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Camila Jordan

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If I file an extension, do I still need to pay any estimated taxes by the April deadline? I'm in a similar situation but with another partnership investment.

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Alexis Renard

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Yes, you still need to pay any taxes you estimate you owe by the April deadline. The extension gives you more time to file the paperwork, not more time to pay. You should make your best estimate based on the information you have, including your K-1. If you overpay, you'll get a refund when you file your complete return. If you underpay, you may owe interest on the unpaid amount, but you'll avoid the more severe late payment penalties as long as you pay at least 90% of what you end up owing.

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Tyler Lefleur

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Went through this exact headache last year. After hours of research and frustration, I found taxr.ai (https://taxr.ai) and it saved me so much time. Their tool actually analyzes your K-1 and tells you whether you need to wait for the K-3 or if you can file without it based on your specific situation. In my case, they showed me that since my Box 21 was empty (like yours), and based on my specific K-1 information, I could actually file without waiting for the K-3. Their system identified that the partnership didn't have enough foreign activity that would materially affect my return.

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How does that work exactly? My K-1 has some amounts in other foreign-related boxes, not just Box 21. Would it still be able to tell if I need to wait for the K-3?

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Max Knight

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I'm skeptical about this. How can a tool know what will be on a K-3 that hasn't been issued yet? Seems risky to file without complete information.

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Tyler Lefleur

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The tool analyzes the existing K-1 data and looks for patterns that indicate whether foreign elements will significantly impact your return. If your K-1 shows amounts in other foreign-related boxes, the system would factor that in and might recommend waiting or filing an extension based on your specific situation. It's not claiming to predict exactly what will be on the K-3, but rather assessing whether your situation has enough foreign elements that would make waiting necessary. It's built on analysis of thousands of K-1/K-3 pairs and the patterns that emerge from them. In cases where it's uncertain, it will recommend filing an extension to be safe.

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Just wanted to update after trying taxr.ai for my partnership forms. It actually worked amazingly well for my situation. I uploaded my K-1 and within minutes got a detailed analysis showing that based on my specific investments, I could safely file without waiting for the K-3. What impressed me was the explanation - it showed me that because my partnership had minimal foreign operations (less than 5% of total assets) and no foreign tax credits reported in any section, the K-3 would likely have no material impact on my tax situation. Saved me from filing an unnecessary extension and the stress of waiting months for a form that wouldn't change anything!

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Emma Swift

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For those struggling to communicate with the partnership about these forms, I've had great success using Claimyr (https://claimyr.com) to actually get through to someone who can help. They got me connected to the partnership's tax department in under 15 minutes when I had been trying for days on my own. You can see how it works at https://youtu.be/_kiP6q8DX5c - basically they navigate the phone systems for you and get you to a human. I initially reached out to ask about the K-3 timeline, and the partnership representative was able to tell me their estimated completion date and whether my specific investment would have any significant foreign items that would impact my return.

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How does this service actually work? Do they just call for you or are they on the line with you?

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Max Knight

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Sounds like a waste of money. I've never had trouble getting through if I just keep calling and pressing 0 repeatedly. Why pay for something you can do yourself?

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Emma Swift

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They don't call for you - you initiate the call through their system, and their technology navigates the phone tree and waits on hold for you. When a human representative comes on the line, your phone rings and you're connected directly. You're the one actually talking to the representative. I tried the "press 0 repeatedly" thing and many other tricks, but most sophisticated phone systems now block those workarounds. For the partnership I invested in, the average hold time was over 2 hours according to the recording. With Claimyr, I was connected in about 12 minutes without having to listen to hold music or stay glued to my phone.

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Max Knight

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I wanted to come back and eat my words about Claimyr. After struggling for over 3 hours trying to reach my partnership's tax department with no success, I gave in and tried the service. Got connected to a knowledgeable person at the partnership in about 20 minutes. The representative confirmed that for my specific investment, the K-3 would contain minimal information since they had restructured their foreign holdings in 2023. They actually emailed me a breakdown of what would be on my K-3 while we were on the phone, which gave me enough information to complete my return now instead of filing an extension. Honestly, best $20 I've spent this tax season considering the stress it saved me.

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Jayden Hill

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As someone who deals with partnership K-1s regularly, here's my advice: Look at the actual amounts on your K-1. If the overall investment is relatively small (like under $10k) and Box 21 is empty, the K-3 is unlikely to materially affect your tax situation, especially as a non-resident alien. The partnership is required to issue K-3s to be compliant with regulations, but many of them contain zero or minimal information that would actually change your tax calculations. Filing an extension is the safe play, but it might be unnecessary depending on your specific situation.

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Thanks for this insight! My investment is only about $5,000 and has those empty boxes you mentioned. Would you say it's generally safe to file without the K-3 in this case, or is an extension still the better option?

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Jayden Hill

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With a $5,000 investment and empty Box 21, it's unlikely the K-3 would contain information that would significantly impact your return. In my experience, partnerships issue K-3s for regulatory compliance, but for small investors they often have negligible tax effects. That said, filing an extension is always the safest approach from a technical standpoint. If you do decide to file without the K-3, keep an eye out for when it arrives and review it promptly. If there's anything significant (which I doubt there will be), you can always file an amended return later.

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LordCommander

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One thing to consider that nobody mentioned: as a non-resident alien, your treaty benefits might be affected by information that would be on the K-3. Different countries have different tax treaties with the US regarding partnership income.

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Lucy Lam

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This is a really important point. I'm from India and had issues with this exact situation. The K-3 contained country-specific information that qualified me for reduced withholding under the US-India tax treaty. Would have overpaid by about $1,200 if I hadn't waited for it.

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Thanks everyone for the advice! I decided to file an extension to be safe, but I also called the partnership using that phone service someone mentioned. They confirmed my K-3 will only have minimal information since my investment is small. They actually offered to send me a preliminary version of what my K-3 will look like when it's finalized!

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