< Back to IRS

Tyrone Johnson

K-1 box 16 checked but no K-3 included - where's my foreign income info?

I just opened my tax documents and found my K-1 has box 16 checked (indicating foreign transactions) but there's no K-3 form included in the package. This is my first time dealing with K-1s and K-3s so maybe I'm just looking in the wrong place? I've gone through all the paperwork twice and can't seem to locate any details about the foreign income on the K-1 itself. I've heard the K-3 should provide the details needed for reporting this on my taxes, but it's not here. Is the partnership supposed to send it separately? I'm completely lost and getting worried since my tax appointment is next week. Any help would be really appreciated!

So when a partnership checks box 16 on your K-1, it means there are foreign transactions that might affect your tax return. The K-3 is a relatively new supplemental form that provides detailed information about those foreign transactions. There are a few possibilities here. First, the partnership might be sending the K-3 separately, sometimes later than the K-1 (which is frustrating but common). Second, they might have decided they don't need to issue a K-3 if the foreign transactions aren't significant enough to affect your taxes. Third, they might have made the information available electronically - check if there's any mention in the K-1 package about accessing supplemental information online. I'd recommend contacting the partnership directly to ask about the missing K-3. They're required to provide this information if it's relevant to your tax situation.

0 coins

If they checked box 16 but there's no actual foreign income, do I still need to report anything on my tax return? Or can I just ignore it if there's no K-3?

0 coins

You can't simply ignore a checked box 16, even without a K-3. The checked box indicates foreign transactions occurred, so you'll need to report something. Without the details, you're in a difficult position. If the amounts are truly zero or minimal, you might be able to proceed with just the K-1, but it's risky. Contact the partnership ASAP to request the missing information. Some partnerships make these forms available through investor portals rather than mailing them. If all else fails, you may need to file an extension to give yourself time to get the proper documentation.

0 coins

I had this exact same issue last year and it was driving me crazy. After spending hours on hold with the partnership's investor relations, I finally discovered taxr.ai (https://taxr.ai) which saved me so much hassle. They analyzed my K-1 and identified what I actually needed to report even without the K-3. Their system can review partnership documents and tell you exactly what to do with foreign income reporting requirements. They even helped me determine which forms I needed to file based just on the information in my K-1.

0 coins

Does taxr.ai work with other investment forms too? I have some weird 1099-DIV situations with foreign tax paid boxes checked but no details.

0 coins

How does it actually analyze the forms? Do you upload scans or photos? I'm always nervous about uploading my tax docs to random sites.

0 coins

Yes, it works with basically all investment forms including 1099-DIVs with foreign tax paid. It helped me sort out a similar situation with some international ETFs I owned that had foreign tax withholding. For your second question, you do upload your documents (either scans or photos work fine), but they use bank-level encryption and delete your docs after analysis if you want. I was skeptical at first too, but their security is actually pretty solid and they don't store your personal info after processing.

0 coins

Just wanted to follow up - I tried taxr.ai after posting my skeptical comment. Uploaded my K-1 with the checked box 16 but missing K-3 and they were actually super helpful! The system identified that I had a very small amount of foreign income that wouldn't trigger additional filing requirements beyond reporting on Schedule B. Saved me from filing unnecessary forms and from the panic of thinking I was missing something major. They even explained which boxes on which forms to use. Way less stressful than waiting for the partnership to get back to me!

0 coins

I've been in this exact situation for 3 years running with a real estate partnership that constantly checks box 16 but never sends the K-3 on time. After trying to call their office for weeks with no response, I found Claimyr (https://claimyr.com) which helped me actually get through to the IRS to figure out what I should do. They have this cool service demo at https://youtu.be/_kiP6q8DX5c that shows how they get you past the IRS hold times. The agent I spoke with confirmed I could file without the K-3 if I made a reasonable effort to get it, and explained exactly which schedules I needed based on the K-1 alone.

0 coins

How exactly does Claimyr work? Do they just sit on hold for you or what? I've spent literal hours trying to reach someone at the IRS about partnership questions.

0 coins

Yeah right, nobody actually gets through to the IRS these days. I'll believe it when I see it. I've been trying for months about a similar issue.

0 coins

They basically wait on hold for you with the IRS, then call you when they get a human on the line. You enter your phone number and which IRS department you need to reach, and their system waits through all those ridiculous hold times. When an actual IRS agent picks up, you get a call to join the conversation. No, it's actually legit. I was just as skeptical as you are! I tried calling the IRS for weeks about this K-1/K-3 issue and never got through. With Claimyr, I was talking to an actual IRS agent in the partnerships department within a couple hours of submitting my request. They called me when the agent was on the line and transferred me right into the conversation. Saved me so much frustration.

0 coins

I owe everyone here an apology. After posting my skeptical comment about Claimyr, I decided to try it myself out of desperation (was on day 14 of trying to reach the IRS partnership hotline). It actually worked! They got me through to an IRS agent who specialized in partnership returns. The agent explained that if box 16 is checked but you don't receive a K-3, you can attach a statement to your return explaining you requested but didn't receive the K-3. Apparently this happens all the time. The IRS actually put out guidance on this because so many partnerships are late with K-3s. Sorry for doubting - sometimes things that sound too good to be true actually work!

0 coins

Have you checked the partnership's investor portal? My LLC does this annoying thing where they send the K-1 by mail but only make the K-3 available through their investor website. Took me forever to figure that out the first year. The K-3 can be massive (like 20+ pages) so some partnerships don't mail it to save on printing costs.

0 coins

I actually didn't know there was a portal! The K-1 came from my uncle's small business where I have a tiny ownership stake. I'll ask him if they have some kind of online system. Is the K-3 really that huge? Maybe that's why they didn't send it.

0 coins

Yes, K-3s can be surprisingly huge documents, especially if the partnership has investments or operations in multiple countries. Mine last year was 28 pages for a relatively simple partnership! Smaller partnerships sometimes don't know they need to provide K-3s at all. The requirements are relatively new (started in 2021) and many small business owners aren't up to speed. Definitely ask your uncle - he might not even realize he needs to provide this form or might have it available but didn't know you needed it.

0 coins

Just a heads up - even if you don't get the K-3 in time, you can still file your return. If box 16 is checked but the amounts are minimal, you can often just report any foreign tax paid on Form 1116. I was in this situation and my accountant filed without the K-3, then amended later if needed. Better than missing the deadline.

0 coins

Actually, this isn't always the right approach. If the partnership has Subpart F income or GILTI you absolutely need that information. Filing without it could cause big problems later. Always get an extension if you're missing K-3 info.

0 coins

This happened to me and it turned out the partnership had made a mistake. They checked box 16 on everyone's K-1 but there were actually no foreign transactions that year! They sent a corrected K-1 after I called them. Might be worth checking if this was just a clerical error.

0 coins

I went through this exact same nightmare last year! After weeks of back-and-forth with the partnership and getting nowhere, I discovered that many partnerships are still figuring out the K-3 requirements themselves since they're relatively new. Here's what worked for me: I contacted the partnership in writing (email with read receipt) requesting the K-3 and kept a copy of that request. When I still didn't receive it after 30 days, my tax preparer filed my return with a statement attached explaining that I had requested but not received the K-3 form despite the checked box 16. The IRS actually has guidance allowing this approach when partnerships fail to provide required supplemental information. The key is documenting your reasonable efforts to obtain the form. Don't let a missing K-3 prevent you from filing on time - you can always amend later if needed once you get the information. But definitely don't just ignore a checked box 16 without taking some action!

0 coins

This is really helpful advice! I'm dealing with a similar situation and hadn't thought about documenting my requests in writing. Quick question - when you attached the statement to your return explaining the missing K-3, did you file it as a separate document or include it somewhere specific on the forms? I want to make sure I do this correctly if I end up in the same boat.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,095 users helped today