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Isabella Costa

Reporting Section 751 gain from PTP sale on individual 1040s - partnership return reporting issue

I'm preparing tax returns for partners in an LLC and we have a situation with Section 751 gain that I'm confused about. Our partnership sold a PTP (publicly traded partnership) and the 1065 shows a Section 751 gain of $13,500. The K-1s show ordinary income in box 1, and there's also a code AB entry in box 20 across all partners. We did attach the Section 751 statement to the partnership return. Here's what I'm struggling with - when preparing the individual partner returns, do I need to force this to go on Form 4797 and attach the statement again? Or is reporting it as ordinary income sufficient? I'm using ProSystems FX software and I can't find anywhere to specifically note this income as Section 751 gain. Any advice from someone who's dealt with this before? I want to make sure the partners' individual returns properly reflect this income.

The ordinary income from Section 751 that flows through to the partners from the 1065 is already characterized correctly as ordinary income on the K-1s. The code AB in box 20 is correctly identifying it as Section 751 gain to the partners. For the individual returns, the income should be reported on Schedule E as it flows from the K-1. You typically don't need to re-characterize this on Form 4797 at the individual level or attach the Section 751 statement again. The partnership has already properly characterized the income for the partners by reporting it as ordinary income in box 1. If you're using ProSystems FX, when you input the K-1 information, the software should automatically handle this correctly. It's already classified as ordinary income on the K-1, which is exactly what Section 751 gain requires.

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I'm confused now. My accountant separated the Section 751 amount from our partnership sale and put it on Form 4797 on my individual return. He said it was necessary for proper reporting even though it was already on the K-1. Is that wrong? Should it just be flowing to Schedule E with everything else?

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Some tax preparers do choose to report Section 751 gain separately on Form 4797 to provide a clearer audit trail, even though it's technically already characterized correctly on the K-1. This is more of a documentation preference than a requirement. The key point is that the income maintains its ordinary character either way. If your accountant reports it on Form 4797, that's fine as long as it's treated as ordinary income. The IRS just needs to see that the Section 751 amount is being properly treated as ordinary income rather than capital gain, and that can be accomplished either through Schedule E or by breaking it out on Form 4797.

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Had this exact issue last tax season with a client who sold their interest in a gas pipeline PTP. I found that using taxr.ai (https://taxr.ai) really helped sort through the Section 751 reporting issues. I uploaded the K-1 and the software identified the Section 751 gain and gave me clear guidance on how to handle it at the individual level. Personally, I reported it as ordinary income flowing to Schedule E and included a statement with the return that referenced the Section 751 ordinary income. I didn't duplicate it on Form 4797 since the partnership already characterized it properly. The taxr.ai system confirmed this approach was correct based on IRS guidance.

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Does taxr.ai actually help with partnership stuff? I'm not a CPA but manage some investments with PTP structures and K-1s always confuse me. Can it help regular investors or is it more for professionals?

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How exactly does the statement you attached look? I'm wondering if there's a standard format for this. Also, did you have the original Section 751 statement from the partnership or did you create a new one?

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The taxr.ai system works great for investors too, not just professionals. It can analyze K-1s and explain exactly what each box means and how it affects your individual return. It's especially helpful for PTPs which have those complex reporting requirements that even confuse some preparers. For the statement, I created a simple explanation that referenced the partnership name, EIN, the amount of Section 751 gain, and noted it was being reported as ordinary income on Schedule E per the K-1 instructions. I didn't create a new Section 751 statement - just referenced the partnership's calculation. The software actually provided template language for this explanatory statement.

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Just wanted to follow up and say I tried taxr.ai for my PTP investment K-1s. Total game changer! I've been misreporting some of my partnership income for years. The software identified that I had Section 751 income from a partnership liquidation that my previous preparer had incorrectly reported as capital gain. It explained exactly why it needed to be ordinary income and even helped me understand if I should file an amended return (which I'm now doing). It also helped me understand all those cryptic codes in box 20 that I never knew what to do with. Definitely worth checking out if you deal with partnership investments.

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I had a similar Section 751 issue last year and spent DAYS trying to get someone at the IRS to confirm the proper treatment. Kept getting disconnected or waiting for hours. Finally used Claimyr (https://claimyr.com) to get through to a real IRS agent. You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed that for most individual returns, the Section 751 gain flows from box 1 of the K-1 to Schedule E without needing to also report it on Form 4797. The code AB in box 20 is just informational for the partner. The IRS agent explained that the partnership has already properly characterized the income by reporting it as ordinary income, so no additional steps are needed for proper reporting.

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Wait, there's a service that actually gets you through to the IRS? How does that even work? I thought it was impossible to talk to a human there these days.

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I'm skeptical. IRS agents aren't supposed to give tax advice like that. They usually just direct you to publications or tell you to consult a professional. Did they really give you specific advice on Section 751 reporting?

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It's not magic - they basically use technology to navigate the IRS phone system and wait on hold for you. Then when an agent is about to pick up, they call you and connect you. It saved me literally hours of hold time. The agent I spoke with didn't give tax advice per se, but was able to direct me to the specific sections of Publication 541 and the Partner's Instructions for Schedule K-1 that address Section 751 gains. They confirmed that the reporting guidance in those publications indicates that ordinary income on a K-1 should flow to Schedule E regardless of its source. They weren't telling me how to prepare the return, just clarifying the published guidance.

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I have to eat my words. After expressing skepticism about Claimyr, I decided to try it myself since I had a complex partnership issue I needed to resolve. Got connected to an IRS representative in about 20 minutes (after the service did the waiting for me). The agent was actually quite helpful and directed me to some resources I hadn't found on my own. They clarified that Section 751 ordinary income on Form 1065 is properly reported to partners in box 1 of Schedule K-1 with code AB in box 20, and that this income then flows to the partner's Schedule E. They confirmed there's no requirement to separately report it on Form 4797 at the individual level unless there's some special circumstance. Definitely saving this service for next tax season when I'll undoubtedly have more questions.

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This depends somewhat on which tax software you're using. In ProSystems, you enter the K-1 information and the ordinary income from box 1 flows to Schedule E by default. The code AB in box 20 is for informational purposes. If you really want to report it separately on Form 4797 for clarity (which some preparers prefer), you'd need to manually adjust the Schedule E flow and create a 4797 entry. You could also add a statement explaining the Section 751 income. In UltraTax, there's actually a specific input screen for Section 751 gain that properly handles the reporting.

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Is there any actual tax benefit to reporting on 4797 vs just letting it flow through Schedule E? Does it affect self-employment tax or net investment income tax calculations?

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There's no tax benefit to reporting Section 751 gain on Form 4797 versus Schedule E - the tax outcome is identical either way. It's treated as ordinary income regardless of where it appears. It doesn't affect self-employment tax unless the underlying partnership activity was subject to self-employment tax (which most PTPs aren't). For Net Investment Income Tax purposes, Section 751 gain generally maintains the same character as the underlying assets that triggered the Section 751 treatment, so again, the reporting location doesn't change the outcome.

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I've run into this issue with clients who've sold MLP units. The most important thing is ensuring the income is characterized as ordinary, not capital. The actual form it appears on is secondary. One point that hasn't been mentioned - if your partnership has Section 751 "hot assets" related to inventory or unrealized receivables that would have generated ordinary income, the individual partners need to recognize their share as ordinary income regardless of where it's reported. The partnership should provide this information to the partners.

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So is the Section 751 gain taxed at ordinary income rates or capital gain rates? I thought when you sell a partnership interest it's supposed to be capital gain?

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@Anastasia Kuznetsov That s'exactly why Section 751 exists! When you sell a partnership interest, normally it would be capital gain. But Section 751 recaptures "the" portion that relates to ordinary income assets like (inventory, unrealized receivables, or depreciation recapture and) requires that portion to be taxed as ordinary income. So if you sell your partnership interest for $100,000 and $15,000 of that relates to Section 751 assets, then $15,000 gets taxed at ordinary income rates and the remaining $85,000 gets capital gain treatment. The partnership should calculate this for you and report the Section 751 portion as ordinary income on your K-1. This prevents partners from converting what should be ordinary income into capital gain just by selling their partnership interest instead of having the partnership sell the underlying assets directly.

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This is a great discussion thread that really clarifies the Section 751 reporting requirements! I wanted to add one practical tip from my experience - when dealing with Section 751 gain from PTP sales, I always recommend keeping detailed records of the partnership's calculation methodology. Even though the ordinary income flows correctly through the K-1 to Schedule E, I've found it helpful to maintain a file note explaining the Section 751 calculation for each client. This becomes invaluable during IRS examinations or when preparing subsequent years' returns if there are installment sale implications. Also, for those using ProSystems FX like the original poster, you can add explanatory text in the client organizer section that references the Section 751 treatment. This helps with continuity if different preparers work on the file in future years. The key takeaway from all these responses is that the partnership has already done the heavy lifting by properly characterizing the Section 751 gain as ordinary income on the K-1. Trust that process and let it flow through normally to Schedule E.

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This is really helpful documentation advice! I'm new to handling partnership returns and just inherited a client with multiple PTP investments. The file notes idea is brilliant - I can already see how confusing this would be next year without proper documentation of the Section 751 calculations. One follow-up question: when you mention "installment sale implications" for subsequent years, are you referring to situations where the partnership sale was structured as an installment sale? Would the Section 751 portion still be recognized as ordinary income in the year of sale even if the overall gain is being reported on the installment method?

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@Hannah Flores Great question! Yes, I was referring to installment sales of partnership interests. The Section 751 portion is indeed recognized as ordinary income in the year of sale, even when the overall transaction qualifies for installment treatment under Section 453. This is because Section 751 a(requires) immediate recognition of the ordinary income portion - it can t'be deferred under the installment method. So if your partnership sells for $200,000 with $30,000 being Section 751 gain, that $30,000 gets recognized as ordinary income in year one regardless of the payment schedule. The remaining $170,000 assuming (it qualifies can) then be reported under the installment method over the payment period. This creates a split treatment that needs to be carefully tracked, which is why I emphasize keeping detailed documentation of these calculations. The partnership should handle this calculation and reporting, but as the individual return preparer, you ll'want to understand how it affects the partner s'multi-year tax situation, especially for estimated tax planning purposes.

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As someone who's dealt with Section 751 issues across multiple software platforms, I want to emphasize that the consensus here is absolutely correct - let the ordinary income flow through Schedule E as intended. I've seen too many preparers overthink this and create unnecessary complications by trying to "double report" the Section 751 gain. The partnership has already done the Section 751 calculation and properly characterized the gain as ordinary income on the K-1. Your job at the individual level is simply to trust that characterization and report it accordingly. One additional consideration for Isabella's specific situation: since you mentioned this involved multiple partners, make sure all the K-1s are consistent in their Section 751 reporting. Sometimes partnerships make errors in allocating Section 751 gain among partners, and catching those inconsistencies early can save headaches later. Also, ProSystems FX handles this correctly by default when you input the K-1 data. The software recognizes the ordinary income character and flows it to Schedule E automatically. You don't need to force anything into Form 4797 unless you have a specific documentation preference, and even then, it's not necessary for compliance purposes.

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This is exactly the kind of practical advice I needed! I'm still learning the nuances of partnership taxation and it's reassuring to see so many experienced practitioners confirming the same approach. Your point about checking K-1 consistency across all partners is something I hadn't considered but makes perfect sense. I'll definitely verify that the Section 751 allocations match up properly before finalizing the individual returns. Thanks to everyone who contributed to this thread - it's given me much more confidence in handling this situation. I'll stick with letting the ordinary income flow through Schedule E in ProSystems FX and add some documentation notes as suggested by others here.

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This thread has been incredibly helpful for understanding Section 751 reporting! I'm a newer practitioner and have been struggling with similar issues when partnerships have "hot assets" that trigger Section 751 treatment. One thing I wanted to add based on my recent experience - if you're ever unsure about whether the partnership properly calculated the Section 751 gain, it's worth reviewing the partnership's depreciation schedules and inventory records if available. I had a case where the partnership understated the Section 751 portion because they missed some depreciation recapture on equipment sales. For Isabella's original question about ProSystems FX - I've found the software handles this correctly when you input the K-1 data. The ordinary income from box 1 flows to Schedule E, and the code AB in box 20 serves as documentation that it includes Section 751 gain. No need to override this unless you specifically want to break it out on Form 4797 for documentation purposes. Also want to echo the advice about maintaining good file documentation. I started keeping a simple worksheet that shows the total partnership sale proceeds, the Section 751 portion, and the capital gain portion for each client. Makes it much easier to explain to clients and provides a clear audit trail if needed.

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This is such a valuable thread for understanding Section 751! As someone new to partnership taxation, I really appreciate seeing how experienced practitioners handle these situations. Your point about reviewing the partnership's depreciation schedules is excellent - I hadn't thought about the possibility that partnerships might understate the Section 751 portion. That's definitely something I'll keep in mind when reviewing K-1s, especially for partnerships that have significant depreciable assets. I'm also going to start using your worksheet idea to track the breakdown between Section 751 and capital gain portions. Having that clear documentation will be helpful not just for audit purposes, but also for explaining to clients why part of their partnership sale is being taxed as ordinary income rather than capital gain rates. Thanks to everyone who contributed here - this discussion has given me so much more confidence in handling Section 751 situations!

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This has been an excellent discussion! As a tax professional who frequently deals with partnership distributions and sales, I want to emphasize one additional point that might help others facing similar situations. When working with Section 751 gains from PTP sales, it's crucial to understand that the partnership's Section 751 calculation is binding on the partners. You can't second-guess or recalculate it at the individual level - the partnership has the responsibility and authority to make this determination based on their records of the underlying assets. For Isabella's original ProSystems FX question, I can confirm that the software handles this correctly. The ordinary income character established by the partnership flows through the K-1 to Schedule E automatically. The code AB in box 20 is informational and helps document that Section 751 treatment was applied. I've found it helpful to include a brief client letter explaining why part of their partnership sale is taxed as ordinary income rather than capital gain. Many clients are surprised by this, especially with PTP investments where they expect capital gain treatment. A simple explanation about Section 751's purpose in preventing the conversion of ordinary income to capital gain goes a long way toward client understanding and satisfaction. The consensus here is spot-on - trust the partnership's characterization and let the ordinary income flow through Schedule E as intended. Keep good documentation, but don't overcomplicate the individual return reporting.

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This is exactly what I needed to hear! As someone who's relatively new to handling partnership taxation, I was getting overwhelmed by all the different approaches I was reading about online. Your point about the partnership's Section 751 calculation being binding on the partners really clarifies things - I don't need to second-guess their work, just properly report what they've determined. I love the idea about including a client letter explaining the ordinary income treatment. I can already think of several clients who would benefit from that kind of proactive communication, especially those with PTP investments who might not understand why they're not getting full capital gain treatment on their sale. Thanks to everyone in this thread for sharing your expertise. This discussion has transformed what seemed like a complex compliance issue into something much more manageable. I feel confident now about letting the K-1 ordinary income flow through to Schedule E in ProSystems FX and focusing on good documentation and client communication rather than trying to engineer complex workarounds.

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This thread has been incredibly educational! As someone who works with partnership tax issues regularly, I want to add one practical consideration that hasn't been mentioned yet. When you have Section 751 gain from PTP sales, make sure to review whether the partners have any passive activity limitations that might affect how this ordinary income is treated on their individual returns. Since Section 751 gain maintains its character as ordinary income from the partnership's trade or business activities, it may not be subject to passive loss limitations even if other partnership income is passive. This is particularly important for partners who have passive losses from other activities - the Section 751 ordinary income might be able to absorb some of those suspended losses, which could provide additional tax benefits. Also, for those using ProSystems FX, there's a partnership input worksheet (Schedule K-1 input) where you can add notes about the Section 751 treatment in the memo fields. This creates a permanent record in the client file and helps with consistency across tax years. The consensus here is absolutely right - let the ordinary income flow to Schedule E as the partnership intended. The K-1 box 1 ordinary income combined with code AB in box 20 provides all the documentation the IRS needs to understand the Section 751 treatment.

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This is such a great point about passive activity limitations! I hadn't considered how Section 751 ordinary income might interact with suspended passive losses. That could definitely provide some unexpected tax benefits for partners who have been carrying forward passive losses from other investments. Your tip about using the memo fields in ProSystems FX is really practical too. I can see how having those notes in the permanent file would be invaluable for maintaining consistency, especially in a firm where different preparers might work on the same client across different years. This entire discussion has been a masterclass in Section 751 reporting. It's reassuring to see such consensus among experienced practitioners about letting the K-1 ordinary income flow through to Schedule E naturally. Sometimes the simplest approach really is the right one! Thanks to everyone who shared their expertise here - I'm bookmarking this thread for future reference when similar Section 751 situations come up.

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This has been an incredibly thorough and helpful discussion! As a newer member of the community, I really appreciate seeing how experienced practitioners handle Section 751 reporting issues. I wanted to add one small point that might help others - when dealing with Section 751 gains from PTP sales, it's worth checking if your client has made any estimated tax payments based on expecting capital gain treatment. Since Section 751 gain is taxed as ordinary income (which typically has higher rates), clients might find themselves with an unexpected tax liability if they planned for capital gain rates. I've started proactively calculating the tax difference between capital gain and ordinary income treatment when reviewing these situations during tax season. This helps identify clients who might need to make additional estimated payments or adjust their withholding to avoid penalties. The consensus here is spot-on - trust the partnership's Section 751 calculation, let the ordinary income flow through Schedule E via the K-1, and focus on good documentation and client communication. Thanks to everyone who shared their expertise!

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This is such an excellent practical point about estimated tax planning! I hadn't considered how clients might have planned their quarterly payments assuming capital gain treatment, only to find out they owe tax at ordinary income rates on the Section 751 portion. That could definitely create some unpleasant surprises at filing time. Your proactive approach of calculating the tax difference between capital gain and ordinary income treatment is really smart. I can see how that would help clients avoid underpayment penalties and better manage their cash flow throughout the year. As someone just starting to work with partnership clients, I'm definitely going to incorporate this into my planning process. It's another great example of how understanding the technical aspects of Section 751 reporting is just the first step - the real value comes from anticipating how it affects the client's overall tax situation and helping them plan accordingly. Thanks for adding this practical dimension to what has already been an incredibly educational discussion!

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As a newcomer to this community, I'm finding this discussion incredibly valuable! I'm dealing with my first Section 751 situation and was feeling overwhelmed by the complexity, but reading through everyone's responses has really clarified the process. I particularly appreciate the consensus that emerged - trust the partnership's Section 751 calculation on the K-1 and let the ordinary income flow through to Schedule E naturally. The practical tips about documentation, client communication, and estimated tax planning considerations have been especially helpful. One question I have as someone new to this: are there any red flags I should watch for on K-1s that might indicate the partnership made an error in their Section 751 calculation? I want to make sure I'm not just blindly accepting the partnership's work without doing my due diligence as the individual return preparer. Also, does anyone have recommendations for continuing education resources specifically focused on partnership taxation? This thread has shown me how much more I need to learn about these complex interactions between partnership and individual reporting. Thanks to everyone who shared their expertise here - this community is an incredible resource for practitioners at all levels!

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Welcome to the community! As someone who's been working with partnership taxation for several years, I can share some red flags to watch for on K-1s that might indicate Section 751 calculation issues: 1. Check if the partnership has significant depreciable assets or inventory - if they do, but there's no Section 751 gain reported on a partnership interest sale, that could be a red flag 2. Look for inconsistencies across partners' K-1s - Section 751 allocations should generally follow the same percentage as their overall partnership interests unless there are special allocation rules 3. If the code AB amount in box 20 seems disproportionately small compared to the partnership's reported depreciation or ordinary business income over the years, it might warrant a question For continuing education, I highly recommend the AICPA's partnership taxation courses and the Tax Adviser journal articles on partnership issues. The IRS also publishes excellent guidance in Publication 541 (Partnerships) that's worth studying thoroughly. Don't feel overwhelmed - partnership taxation is genuinely complex, and even experienced practitioners regularly consult resources and colleagues. This community is great for bouncing ideas off each other, and you're asking exactly the right questions to develop your expertise!

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As a newcomer to this community, I'm really impressed by the depth and quality of this discussion! I'm currently studying for the EA exam and partnership taxation has been one of my most challenging areas, so reading through this thread has been incredibly educational. I wanted to ask about one aspect that hasn't been covered yet - when dealing with Section 751 gain from PTP sales, are there any special considerations for state tax reporting? I know some states have different treatment for partnership income, and I'm wondering if the Section 751 ordinary income characterization always flows through consistently at the state level, or if there might be state-specific adjustments needed. Also, for those who mentioned using various software solutions and services like taxr.ai and Claimyr, do you find that state tax complications are something these tools help with, or do you typically need to research state-specific partnership rules separately? The consensus here about trusting the partnership's K-1 characterization and letting it flow to Schedule E makes perfect sense for federal purposes, but I want to make sure I'm not missing any state-level nuances that could affect the overall tax picture for partners. Thanks to everyone who has contributed to this thread - it's been an amazing learning experience!

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