Schedule K-1 (Form 1065)
Form 1065 is filed by partnerships and multi-member LLCs to report income allocated to partners, with penalties for late submissions.
- Business & Corporate Tax
Form 1065 is the annual information return filed by partnerships and most multi-member LLCs. A partnership does not pay federal income tax itself; it computes income and separately stated items at the entity level and allocates them to partners, who report their shares on their own returns. Schedule K-1 is the statement issued to each partner reporting that allocation.
The return is due by the fifteenth day of the third month after year end - March 15 for calendar-year filers — with a six-month extension to September 15 available on Form 7004. Late filing penalties accrue per partner per month, which makes large partnerships expensive to file late.
Certain items must be separately stated rather than folded into ordinary business income, because they are subject to limitations or preferential rates at the partner level: capital gains and losses, section 1231 gains, dividend and interest income, section 179 deductions, charitable contributions, foreign taxes, and the components needed for the qualified business income deduction. The K-1 also reports each partner's capital account, share of liabilities, and distributions, and now requires tax basis capital reporting.
Complexity in partnership taxation is genuine and concentrated in a few areas: substantial economic effect requirements for special allocations, the mechanics of section 704(c) where contributed property carries built-in gain, section 754 elections and the resulting basis adjustments on transfers and distributions, and disguised sale rules.
Practically, the K-1 timing problem defines partnership compliance. Upper-tier partnerships cannot finalize until lower-tier K-1s arrive, and individual partners cannot file until they receive theirs - producing a cascade of extensions through tiered fund and real estate structures every year.