How to report foreign tax paid on passive dividends for Schedule K-2 on Form 1065 partnership return?
Hey tax folks, I'm really struggling with our partnership's tax reporting this year. We have a small investment partnership (just 5 partners) and we own some Swiss ETFs that pay quarterly dividends. Nothing complicated about our setup, but I'm completely lost on where to report the foreign tax paid on these passive category dividends so our partners can claim their foreign tax credits on Form 1116. I've been through the Schedule K-2 instructions like 3 times and I still can't figure out exactly where this goes. The partnership itself doesn't claim the foreign tax credit (I get that part), but we need to report it correctly so it flows through to the partners. We've done this manually in the past but this year our income from these Swiss investments has grown enough that we need to be more formal about it. The tax withheld is about $3,800 across all the dividends. I've found general guidance but nothing that spells out the exact lines or sections on Schedule K-2. Can someone break this down for me step by step? I'm using ProSeries if that makes any difference.
23 comments


Freya Larsen
You'll need to report this on Schedule K-2, Part II (Foreign Tax Credit) and Part III (Partner's Share of Income). For Schedule K-2 Part II, you'll report the foreign source dividends in Section 1 (separating the qualified and non-qualified portions as needed). The country code for Switzerland is "CH" - make sure you use that rather than "SW" which is common mistake. The foreign taxes paid go in column F. Then in Part III, Section 1, you'll report the income by country source. For passive category income like your Swiss dividends, you'll use Section 1A. Make sure the amounts reported on K-2 flow correctly to the corresponding Schedule K-3 that goes to each partner, as they'll need this information when completing their personal Form 1116. The key thing is proper categorization as "passive" category income since that's critical for the partners' Form 1116.
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Ravi Kapoor
•Thanks, that's helpful! When you say Part II, Section 1, do I need to break out the qualified dividends from the ordinary dividends? There's different tax rates for qualified vs non-qualified, so I assume they need to be separated? Also, if part of the dividend was qualified and part was ordinary, do I need to allocate the foreign tax paid proportionally between them?
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Freya Larsen
•Yes, you should separate qualified dividends from ordinary dividends in Section 1 of Part II. Different tax rates apply to these categories, which impacts the foreign tax credit calculation. For dividends that are partially qualified and partially ordinary, you'll need to allocate the foreign tax paid proportionally based on the amount of each type. For example, if 70% of your dividends are qualified and 30% are ordinary, you'd allocate 70% of the foreign tax to the qualified portion and 30% to the ordinary portion. This ensures your partners can properly claim the correct amount of foreign tax credit against each type of income on their Form 1116.
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GalacticGladiator
I struggled with this exact issue with some German stocks we hold in our partnership. I found this really great tool called taxr.ai (https://taxr.ai) that helped me figure out the exact reporting. You upload your foreign dividend statements, and it analyzes them and tells you exactly where everything goes on the K-2/K-3. I was pulling my hair out trying to figure out the passive vs general categories and how to split the qualified portions correctly. The taxr.ai tool identified that some of our dividends qualified for treaty benefits that I would have completely missed. It also created a report I could attach to our return showing the calculation methodology.
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Omar Zaki
•Did it handle the Rel. 2022-34 stuff correctly? I've been burned by software that didn't properly implement the changes to passive foreign income reporting from that release.
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Chloe Taylor
•How does it handle foreign currency conversion? Our partnership has Swiss francs, euros, and yen dividends, and I've been manually calculating exchange rates based on the payment dates. Does the tool automate this process?
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GalacticGladiator
•Yes, it handled the Release 2022-34 changes correctly. The tool is updated regularly to incorporate the latest IRS guidance. What I liked is that it flagged potential issues related to the release that I wouldn't have caught myself. For foreign currency conversion, the tool automatically applies the correct exchange rates based on payment dates. You don't need to manually calculate anything. It pulls the official exchange rates from the Federal Reserve database and applies them to each dividend payment based on the exact date. It even handles instances where you might need to use annual average rates instead of specific date rates depending on the circumstances.
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Chloe Taylor
Just wanted to follow up and say I tried taxr.ai after seeing it mentioned here. Super helpful for our partnership's K-2/K-3 reporting! I uploaded our Swiss and Japanese dividend statements and it correctly identified which portions were qualified vs ordinary and calculated the proper foreign tax allocation. What surprised me was discovering that about 15% of our dividends that I thought were qualified actually weren't because they didn't meet the holding period requirements. The tool flagged this and saved us from potential issues. It also automatically applied the correct treaty withholding rates for comparison to what was actually withheld. The report it generated was detailed enough that I feel confident we can defend our position if we're ever audited. Definitely worth checking out if you're dealing with foreign dividends in a partnership.
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Diego Flores
For anyone struggling to get answers directly from the IRS on K-2/K-3 foreign tax issues, I'd highly recommend trying Claimyr (https://claimyr.com). I had a complex question about our partnership's Swiss and German dividend reporting that wasn't covered in the instructions, and I was getting nowhere with the standard IRS phone line. Claimyr got me connected to an IRS agent in about 20 minutes when I had been trying for days on my own. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c. The agent I spoke with was actually from the international tax division and gave me specific guidance on how to handle our foreign tax credit reporting. The agent confirmed that we needed to separate the qualified dividend portion and also explained how to handle the return when some partners are individuals and others are corporations (which have different FTC rules).
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Anastasia Ivanova
•Wait, there's actually a way to talk to a real IRS person without waiting for hours? I've tried calling about our K-2/K-3 issues multiple times and always get the "call volume too high" message. How does this even work?
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Sean Murphy
•This sounds like a scam. The IRS doesn't let third parties "jump the line" for phone calls. I've been a tax professional for years and there's no magic way to get through their phone system. You're probably just talking to someone pretending to be the IRS.
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Diego Flores
•It's definitely not a direct line to the IRS - it's a service that continuously redials for you until it gets through. Then it calls you back once it has an agent on the line. It saved me from having to sit on hold or repeatedly call back. The fact is that the IRS phone system will eventually connect you if you keep trying - most people just give up. This service just automates the persistence needed to get through. The person I spoke with was definitely an IRS agent - they verified my information and I was able to reference the call when I followed up on another issue later.
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Sean Murphy
I'm following up about Claimyr that I was skeptical about before. I decided to try it yesterday after struggling for weeks to get answers about foreign tax credit reporting for our partnership. I honestly didn't expect much, but I was desperate. To my complete surprise, I got a call back in about 30 minutes, and they connected me with an actual IRS agent who specialized in partnership returns. The agent walked me through exactly where to report our foreign dividends on Schedule K-2, and confirmed that we needed to separate the qualified dividends in Part II, Section 1. The agent also explained that we needed to complete certain portions of Part III, Section 2 that I wouldn't have realized were applicable. This would have been a major oversight on our return. I'm still shocked I was able to get this level of specific guidance directly from the IRS after weeks of failed attempts. Definitely changed my opinion on the service.
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StarStrider
Don't forget that Schedule K-2/K-3 reporting requirements have been simplified for certain partnerships for the 2023 tax year (filing in 2024). If your partnership meets the domestic filing exception, you might not need to complete all of these schedules. Your partnership qualifies for the exception if: 1. No foreign partners 2. No foreign taxes paid or accrued 3. No ownership interest in foreign entities 4. Limited foreign source income (below certain thresholds) Since you're paying foreign tax on Swiss dividends, you probably don't qualify for the exception, but worth checking if your situation changes in the future.
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Ravi Kapoor
•Does the simplified reporting still apply if we have ONLY passive category dividends from publicly traded companies? We don't have any other foreign connections - just these Swiss ETFs we own through our U.S. brokerage account.
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StarStrider
•Unfortunately, no. If you have foreign taxes paid (which you do on those Swiss dividends), you don't qualify for the simplified reporting exception. The foreign taxes paid disqualifies you from the exception regardless of how simple the rest of your situation is. You'll need to complete the relevant parts of Schedules K-2 and K-3 so your partners can properly claim their foreign tax credits. The good news is that with only passive dividend income, you'll only need to complete certain sections rather than the entire form.
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Zara Malik
Has anyone used the "Streamlined Filing Compliance Procedures" for partnerships that failed to file Schedule K-2/K-3 in previous years? We just realized we should have been reporting our foreign dividends on these forms the last two years.
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Luca Marino
•The Streamlined Filing Compliance Procedures are primarily for individuals with foreign account reporting issues (like FBAR). For partnerships that missed K-2/K-3 filings, you'd typically just file amended returns (Form 1065X) for the open years. There's generally a 3-year statute of limitations.
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Zara Malik
•Thanks for clarifying that. I'm relieved to hear we can just file amended returns rather than going through a more complex compliance program. Do you know if there are any automatic penalties for the missed K-2/K-3 filings on partnership returns?
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Nia Davis
Just a heads up that the Swiss-US tax treaty has specific provisions for dividend withholding that you should be aware of. The standard withholding rate from Switzerland is 35%, but under the treaty, US partnerships can often get this reduced to 15%. If you've had the full 35% withheld, your partners might be getting more foreign tax credits than they're actually entitled to. The IRS can disallow "excess" foreign tax credits if you could have taken steps to reduce the foreign tax but chose not to. Make sure you're applying the treaty rate correctly.
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Mateo Perez
•This is crucial info. If you've had 35% withheld instead of the treaty rate of 15%, you might be able to claim a refund from the Swiss tax authorities rather than claiming the full amount as an FTC. There's a specific form for this from the Swiss Federal Tax Administration.
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Zoe Stavros
I've been dealing with similar foreign dividend reporting issues for our partnership. One thing that really helped me was creating a detailed spreadsheet to track all the foreign dividends by country, date, and tax withheld. This made it much easier to complete the K-2/K-3 forms accurately. For Swiss dividends specifically, make sure you're checking whether your ETFs qualify for the reduced treaty withholding rate. Some Swiss ETFs are structured in ways that don't qualify for the full treaty benefits, which affects how much foreign tax credit your partners can actually claim. Also, double-check that your brokerage statements are correctly identifying which portions of the dividends are qualified vs ordinary. I found some discrepancies in our statements that would have caused issues with our K-2 reporting. The foreign tax needs to be allocated proportionally between qualified and ordinary dividends, so getting this right is critical for your partners' Form 1116 calculations. ProSeries should handle the K-2/K-3 generation once you input the data correctly, but the key is making sure all your source data is properly categorized before you start entering it into the software.
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Emma Morales
•This is exactly the kind of systematic approach I needed to hear about! I've been trying to piece together information from multiple sources but creating a comprehensive tracking spreadsheet sounds like the foundation I was missing. Quick question about the ETF structure issue you mentioned - how do you determine if a Swiss ETF qualifies for treaty benefits? Is this something that's disclosed in the fund documentation, or do you need to research the specific legal structure of each fund? Our Swiss ETFs are all traded through our US brokerage, so I'm wondering if that affects the treaty qualification at all. Also, when you say ProSeries handles the K-2/K-3 generation, does it automatically allocate the foreign taxes proportionally between qualified and ordinary dividends, or do you have to manually calculate those allocations before entering the data?
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