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1065 instructions Form: What You Should Know

The draft instructions replace the draft for 2022 which was released on August 2, and are being issued pursuant to Treasury final requirements in Public Law 115-29, as amended (P.L. 115-29).  The 2022 draft instructions for the U.S. partnership tax return was developed following guidance from the U.S. Department of the Treasury's Office of Tax Policy (ITS). It was the result of a comprehensive review of the draft and final regulations. The 2022 draft guidance was posted to ITS' website in early October. The revised draft will follow a series of open online comments from April 13 to April 26, 2018, before being published as final guidance in late May. 2022 — Partners Instructions for Schedule K-1 (Form 1065).  This schedule lists each partner's income on which tax is to be imposed by this chapter. (C) = Tax must be paid by the partner. A. Income received and income reported as dividends from a REIT (in which no deduction is allowed for contributions) are tax-exempt. B. Income from a partnership property is not excluded from the taxable income of the partnership. C. Capital gain distributions from a partnership are not excluded from the taxable income of the partnership. D. Net investment income is not tax-exempt. F. Income from a qualified conservation easement or a qualified farming or fishing lease is tax-exempt if it does not constitute a sale of real property, G. Income from any other property is taxable if it constitutes the use in commerce of real property, unless the property is held as held for investment or the fair market value is greater than the fair market value of the real property. For example, any gain from the sale of securities, or any gain from an excess contribution to a trust held in connection with a qualified conservation easement, is not income if less than the qualified conservation easement or the qualified farming or fishing lease. The table below shows the income tax consequences of partnerships: Table 1 — Income and Expenses Related to Partnerships Note: If the partner's income is income in which all or part of the partnership's share of a cost of service is includible in the partners gross income and expenses are allocated proportionately to the partnership's share of any part of the cost of service, then the partners' income is treated as having been allocated to the partnership. For more information see Notice 2009-42.

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