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Keith Davidson

K3 Tax Form Hasn't Arrived for USO LP Shares - Should I Amend or Extend?

I'm in a bit of a mess. I purchased around $13k in USO Limited Partnership shares back in 2023. My wife was doing our 2025 taxes through TurboTax and suddenly started freaking out when she realized we never received the K3 tax form for these investments. Now we're stuck trying to figure out what to do. Is it better to amend our taxes after we file, or should we just file for an extension until the K3 forms finally arrive? My wife has been researching this and says we could potentially face a $10k fine if we don't properly disclose ownership of these LP shares. I'm leaning toward filing now and amending later, plus maybe hiring a tax professional next year when I actually sell these stocks. But honestly, I have no idea what the right move is here. Has anyone dealt with missing K3 forms before? What's the best approach to avoid penalties while making sure everything is filed correctly?

Tax professional here. This is actually a common issue with limited partnerships like USO, as K3 forms are notoriously late - sometimes arriving in September or October, well after the filing deadline. You have two reasonable options: First, you can file an extension (Form 4868) which gives you until October 15 to file your complete return. This doesn't extend the time to pay any taxes due, just the filing deadline. Second, you can file your return now with estimates based on last year's K3 or information from the partnership's website, then amend later when you receive the actual K3. The $10k penalty your wife is concerned about likely refers to FBAR filing requirements for foreign accounts, which is different from partnership reporting. However, there are penalties for failing to report partnership income correctly, though they're typically based on any underpayment of tax.

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Thanks for responding! What happens if the estimates I file now end up being way off from what the K3 eventually shows? Could I face penalties for that too? And how difficult is the amendment process?

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If your estimates are reasonable and made in good faith, the IRS generally won't impose accuracy-related penalties. Document how you arrived at your estimate - whether using last year's K3, distributions received, or information from the partnership's investor relations page. The amendment process isn't too difficult but does require filing Form 1040-X along with any schedules affected by the changes. You'll need to provide an explanation for the amendment, which in this case would simply be "Received K3 form after original filing." Most tax software can handle amendments pretty smoothly.

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I spent HOURS last year trying to figure out this exact situation with my MLPs. I ended up using taxr.ai (https://taxr.ai) to help analyze the previous year's K3 and estimate this year's numbers. It was super helpful because it could automatically read all that tiny text on the previous K3s and help predict what I should report. The tool basically let me upload my investment documents and it flagged the USO shares as being K3-required. Then it helped me figure out what to report while waiting. Saved me a bunch of headaches since I didn't want to pay for an extension or deal with amendments.

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How accurate were the estimates from taxr.ai when you finally got your actual K3? I'm in a similar boat with MPLX and I'm terrified of messing up my taxes.

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Did you have to pay a lot to use this service? My tax situation is already expensive enough without adding more costs just because these companies can't get their forms out on time!

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The estimates were surprisingly close, within about 3-4% of the final numbers on most categories. For the key ones that affect tax liability, like ordinary business income and qualified dividends, they were almost exact. The tool seems to use historical data patterns for each specific partnership. I found it to be really affordable compared to what I was paying for tax prep help before. Especially considering what I would've paid a tax professional to handle this one issue. And it saved me from having to file an amended return, which would have cost even more.

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Just wanted to follow up - I went ahead and tried taxr.ai after seeing this thread last week. It was actually really helpful! I uploaded last year's K3 for my energy partnerships and it extracted all the data automatically, then estimated this year's amounts based on distributions and other factors. I was able to file on time without an extension. The best part was it showed me exactly which lines on my Schedule E and other forms needed the K3 info. My tax software was asking for all these random numbers and I had no idea where they were supposed to go before using this tool.

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After dealing with K3 delays for 3 years straight, I finally got fed up and called the IRS directly about it. Took FOREVER to get through - kept being on hold for hours only to get disconnected. Finally found Claimyr (https://claimyr.com) and watched their demo at https://youtu.be/_kiP6q8DX5c - they basically hold your place in the IRS phone queue and call you back when an agent is available. When I finally got through to an IRS agent, they confirmed exactly what others here are saying - filing an extension is the safest option, but if you file with reasonable estimates and amend later, they generally won't penalize you as long as you paid enough tax. The agent was actually super helpful once I got through.

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How long did it take from when you used the Claimyr service until you actually got to talk to someone at the IRS? The hold times are insane this year.

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This sounds like a scam. Why would I pay someone to call the IRS for me? They're just going to keep you on hold anyway and charge you for the privilege.

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It took about 45 minutes from when I signed up until I got the call back. The system held my place while I went about my day instead of being stuck with my phone on speaker. Once connected, I spent about 15 minutes with the agent who answered all my questions. The service doesn't keep you on hold - that's the whole point. They use an automated system that waits in the IRS queue for you, then connects you directly when an agent is available. I was skeptical too, but after wasting nearly 4 hours across multiple days trying to get through myself, it was absolutely worth it.

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I owe everyone an apology. After my skeptical comment, I was still desperate to talk to the IRS about my missing K3s, so I tried Claimyr anyway. It actually worked exactly as advertised. Got a call back in about an hour and was connected directly to an IRS rep who walked me through my options. The agent said they see this issue constantly with LPs and MLPs. She recommended filing the extension but also told me exactly how to properly document that the delay was caused by the partnership not sending forms, which apparently helps avoid certain penalties. Definitely wouldn't have gotten that info from just reading online.

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My MLP K3s are ALWAYS late. I've been investing in these for about 5 years now, and I've never once received a K3 before the tax deadline. I just automatically file an extension every year now. One thing to note - even with the extension, you still need to pay your estimated taxes by the original April deadline. I usually look at my 1099-DIV from my brokerage and add about 15% to that number to cover anything the K3 might add, just to be safe.

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Do you know if there's any way to pressure these partnerships to get their forms out earlier? It seems ridiculous that they can just ignore the tax deadline that the rest of us have to follow.

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Unfortunately, there's really nothing we as individual investors can do to speed up the process. These partnerships have complex tax situations that involve multiple states and business activities, which is why they get automatic extensions for providing K3s. Some of the larger MLPs and LPs have started providing tax packages or tax estimate worksheets on their investor relations websites before the final K3s are ready. Check USO's website - they might have preliminary information you can use. I've found these estimates to be pretty accurate in the past, enough to file without needing major amendments later.

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Has anyone tried calling USO directly? I had a similar issue with Enterprise Products Partners last year, and when I called their investor relations department, they were able to email me a preliminary tax worksheet that had most of the numbers I needed.

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I tried that with Magellan Midstream last year. They had a tax package on their website that had 90% of what would eventually be on the K3. The final numbers were slightly different, but close enough that I didn't even bother amending.

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I went through this exact situation last year with my USO shares! After hours of research and calling around, here's what I learned: USO typically releases their tax package (preliminary K-1 info) on their investor relations website around late March/early April, but the official K-1 doesn't come until September or October. I ended up using their preliminary numbers to file on time, and when the actual K-1 arrived, the differences were minimal - mostly just rounding differences and some minor adjustments. The key is to check their website frequently in the coming weeks. One thing that really helped me was keeping detailed records of all my USO distributions throughout 2024, because those numbers usually match pretty closely with what ends up on the K-1. If you have your brokerage statements, you can use those distribution amounts as a starting point for estimates. The $10k penalty your wife mentioned is likely related to foreign partnership reporting (Form 8865), but USO is a US partnership, so that shouldn't apply here. The penalties for incorrect partnership reporting are usually much smaller and based on actual tax underpayment. My recommendation: Check USO's investor relations page daily, use any preliminary info they provide to file by the deadline, and amend if needed when the final K-1 arrives. It's way less stressful than dealing with extensions every year!

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This is incredibly helpful, thank you! I'm new to dealing with partnership investments and had no idea USO would have preliminary tax packages available. I'll definitely start checking their investor relations page regularly. Quick question - when you say the differences between preliminary and final numbers were minimal, roughly what percentage difference are we talking about? I'm trying to decide if it's worth the risk of filing with estimates versus just doing an extension to be completely safe. Also, did you have any issues with your tax software handling the partnership income correctly, or was it pretty straightforward once you had the numbers?

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