Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … orm-6198/202412/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 9 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Instructions for Form 6198 (Rev. December 2024) At-Risk Limitations For use with Form 6198 (Rev. November 2024) or later revision Section references are to the Internal Revenue section 1245(a)(3). interest in the activity other than as a Code unless otherwise noted. creditor or who is related under section Certain equipment leasing 465(b)(3)(C) to a person (except you) General Instructions ! activities by closely held C having such an interest. However, this CAUTION corporations are not subject to does not apply to (a) amounts borrowed Purpose of Form the at-risk rules. See sections 465(c)(4), by a corporation from a person whose Use Form 6198 to figure: (5), and (6). only interest in the activity is as a shareholder of the corporation, or (b) • The profit (loss) from an at-risk 4. Exploring for or exploiting oil and amounts borrowed after May 3, 2004, activity for the current year gas resources. and secured by real property used in the (Part I), • The amount at risk for the current 5. Exploring for or exploiting activity of holding real property (other year (Part II or Part III), and geothermal deposits, as defined in than mineral property) that, if • The deductible loss for the current section 613(e)(2). nonrecourse, would be qualified year (Part IV). nonrecourse financing. See Pub. 925 for 6. Any other activity that is not definitions. The at-risk rules of section 465 limit included in (1) through (5) above. 4. Any cash or property contributed the amount of the loss you can deduct to the activity or to your interest in the to the amount at risk. Exception. Holding real property activity that is: For more details, see Pub. 925, placed in service before 1987 and Passive Activity and At-Risk Rules. holding an interest acquired before 1987 a. Financed through nonrecourse in a partnership, an S corporation, or indebtedness or protected against loss Who Must File other pass-through entity already through a guarantee, stop-loss Form 6198 is filed by individuals engaged in an activity of holding real agreement, or other similar (including filers of Schedules C, E, and property before 1987 are not affected by arrangement; or F (Form 1040 or 1040-SR)), estates, the at-risk rules. This exception does not b. Borrowed from a person who has trusts, and certain closely held C apply to holding mineral property. an interest in the activity other than as a corporations described in section 465(a) A special exception to the at-risk creditor or who is related under section 465(b)(3)(C) to a person (except you) CAUTION business of a qualified C (1)(B), as modified by section 465(a)(3). ! rules applies to a qualifying having such an interest. However, this File Form 6198 if during the tax year corporation. See Pub. 925 for details. does not apply to (i) amounts borrowed you, a partnership in which you were a by a corporation from a person whose partner, or an S corporation in which you only interest in the activity is as a were a shareholder had any amounts Amounts Not at Risk shareholder of the corporation, or (ii) not at risk (see Amounts Not at Risk, You are not considered at risk for any of amounts borrowed after May 3, 2004, later) invested in an at-risk activity the following. and secured by real property used in the (defined below) that incurred a loss. 1. Nonrecourse loans used to activity of holding real property (other finance the activity, to acquire property than mineral property) that, if You must file Form 6198 if you are nonrecourse, would be qualified used in the activity, or to acquire your engaged in an activity included in (6) nonrecourse financing. See Pub. 925 for interest in the activity (unless the under At-Risk Activities (see At-Risk definitions. nonrecourse loan is secured by your Activities below) and you have borrowed own property that is not used in the amounts described in (3) under You do not have to file Form 6198 if activity). However, you are considered Amounts Not at Risk (see Amounts Not you are engaged in an activity included at risk for qualified nonrecourse at Risk, later). in (6) under At-Risk Activities, earlier, financing secured by real property used and you only have amounts borrowed in the activity of holding real property before May 4, 2004, that are described At-Risk Activities (other than mineral property). See in (3) above. The at-risk limitation rules apply to Qualified Nonrecourse Financing, later. losses from the following activities Qualified Nonrecourse carried on as a trade or business or for 2. Cash, property, or borrowed the production of income. amounts used in the activity that are Financing 1. Holding, producing, or distributing protected against loss by a guarantee, Qualified nonrecourse financing is motion picture films or videotapes. stop-loss agreement, or other similar financing for which no one is personally arrangement (excluding casualty liable for repayment and is: 2. Farming, as defined in insurance and insurance against tort • Borrowed by you in connection with section 464(e). liability). holding real property; • Secured by real property used in the 3. Leasing any section 1245 3. Amounts borrowed for use in the activity; property, as defined in activity from a person who has an Instructions for Form 6198 (Rev. 12-2024) Catalog Number 50013J Nov 22, 2024 Department of the Treasury Internal Revenue Service www.irs.gov |
Enlarge image | Page 2 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Not convertible debt; and Separation rules. Your activity with Partners and S corporation share- • Loaned or guaranteed by any federal, respect to each film, videotape, section holders. If you have a loss or a state, or local government, or borrowed 1245 property that is leased or held for deduction from an earlier tax year that by you from a qualified person (defined lease, farm, holding of real property, oil you could not deduct because of the below). and gas property (as defined in section at-risk rules, these losses and See Regulations section 1.465-27 for 614), or geothermal property (as deductions must be included in the details, including rules for partnership defined in section 614) that is not current year amounts you enter in liabilities and disregarded entities. This aggregated with other activities under Part I. For example, if your prior year section is effective for any financing the above rules is treated as a separate Schedule K-1 had a $1,500 loss in incurred on or after August 4, 1998, but activity. box 1, but because of the at-risk rules taxpayers can apply the section Each investment that is not a part of a your loss was limited to $500, include retroactively. trade or business is treated as a both the $1,000 loss from your prior year separate activity. and the amount from your current year Schedule K-1 on line 1 of Form 6198. A qualified person is a person who actively and regularly engages in the Closely held corporations. A closely Specific Instructions business of lending money (for example, held corporation must apply the a bank or savings and loan association). If you are engaged in more than one limitation on the deduction for interest at-risk activity or in both at-risk activities expense under section 163(j) before A qualified person is not: and not-at-risk activities, you must applying the at-risk limitations. • A person related to you unless the allocate income, gains, losses, and person would be a qualified person but deductions to each activity. Line 1 for the relationship and the nonrecourse Partnerships and S corporations Ordinary Income (Loss) financing is commercially reasonable must give their partners and Taxpayers other than partners or and on the same terms as loans to shareholders a separate statement of S corporation shareholders. Enter unrelated persons, income, expenses, and deductions for your ordinary income or loss from the • The seller of the property (or a person each at-risk and not-at-risk activity. at-risk activity without regard to the related to the seller), or • A person who receives a fee as a When filling in Parts I, II, and III, enter at-risk limitations. This is the amount result of your investment in the property only amounts that relate to the activity you get when you subtract your total (or a person related to that person). included on this form. Use accepted tax deductions (including prior year accounting methods to figure the deductions that were not allowed amounts to enter. because of the at-risk rules) from your Aggregation or Separation total income from the activity for the If you are a partner or an S of Activities corporation shareholder, enter any items current year. File one form if your activities are listed for the activity that are from your Do not include on line 1 capital or under the aggregation rules. File a investment in the activity or were ordinary gains and losses from the sale separate form for each activity if your passed through to you on Schedule K-1 or other disposition of assets used in the activities are listed under the separation or a similar statement. activity or of an interest in the activity. rules. These amounts, casualty or theft gains Description of activity. After the and losses, and investment interest Aggregation rules. All section 1245 description of the activity, if applicable, expense are entered on lines 2a, 2b, 2c, properties that are leased or held for enter the name and identifying number and 4. lease and placed in service in any tax of the partnership or S corporation. year of a partnership or an S corporation Partners and S corporation share- are treated as one activity. A partner in a Part I—Current Year Profit holders. Enter the amount from box 1 partnership or an S corporation of your current year Schedule K-1 (Form shareholder can aggregate and treat as (Loss) From the Activity, 1065 or Form 1120-S) (plus any prior a single activity all of the properties of Including Prior Year year ordinary loss that you could not that partnership or S corporation that Nondeductible Amounts deduct because of the at-risk rules). are included within each of categories (1), (2), (4), and (5) under At-Risk Taxpayers other than partners or Lines 2a, 2b, and 2c Activities, earlier. S corporation shareholders. If you Gain (Loss) have losses or deductions from an Activities described in (6) under earlier tax year that you could not At-Risk Activities, earlier, that constitute deduct because of the at-risk rules, Combine long- and short-term capital a trade or business are treated as one include those amounts on the gains and losses and ordinary gains and activity if (a) the taxpayer actively appropriate form or schedule of your losses from the sale or other disposition participates in the management of that current year tax return before starting of assets used in the activity or of your trade or business, or (b) the business is Part I. For example, if 2024 is the current interest in the activity. Enter gains and carried on by a partnership or an S year, and your 2023 Schedule C (Form losses without regard to the at-risk corporation and 65% or more of the 1040 or 1040-SR) had a $1,500 loss on limitations, the limitation on capital losses for the tax year are allocable to line 31, but because of the at-risk rules losses, or the passive activity loss persons who actively participate in the your loss was limited to $500, include limitations. If more than one item is management of the trade or business. the $1,000 on your 2024 Schedule C included on a line, attach a statement Similar rules apply to activities (Form 1040 or 1040-SR) in Part V, Other describing each item. described in (1) through (5) under Expenses, and identify it as a prior year At-Risk Activities, earlier. loss. Do not include amounts on 2 |
Enlarge image | Page 3 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. lines 2a and 2b that are included on included on line 8 of Form 4952, and or 1040-SR) gain of $3,100 on line 2a. line 2c. Enter the form number or enter that amount on line 4 of Line 5 shows a current year loss of schedule letter to the left of the entry Form 6198. You must reduce the $1,500. You report the $3,100 gain on space for line 2c. For example, if you file allowable investment interest deduction Schedule D (Form 1040 or 1040-SR) Form 4684, Casualties and Thefts, and on Form 4952 by the amount you carry and can deduct $3,100 of the $4,600 carry amounts from that form to Form to Form 6198. If you filed Form 6198 for loss on Schedule C (Form 1040 or 4797, Sales of Business Property, either the prior tax year, include on line 4 of 1040-SR). You complete Part II or Part III (a) enter the amounts attributable to the your current year Form 6198 any of Form 6198 and determine that only activity from Form 4684 on line 2c and investment interest expense from the $600 of the $1,500 excess loss on line 5 enter “Form 4684” on the dotted line prior tax year that was limited because is deductible in the current year. You next to the entry space, or (b) enter the of the at-risk rules. replace the $4,600 loss first entered on amount attributable to the activity Schedule C (Form 1040 or 1040-SR) carried from Form 4684 to Form 4797 Line 5 with $3,700 ($3,100 + $600), the total on line 2b. If you carry a loss from Form Current Year Profit (Loss) loss allowed in the current year. 4684 to Schedule A (Form 1040 or 1040-SR), enter on line 2c either the If line 5 shows a current year profit, you Part II—Simplified loss from Schedule A (Form 1040 or may not have to complete the rest of this Computation of Amount At 1040-SR) or the loss from Form 4684. form. Report all of the income, gains, Taxpayers other than partners or deductions, and losses shown on lines 1 Risk S corporation shareholders. Include through 4 on the forms and schedules Part II is a simplified method of figuring on your current year Schedule D (Form normally used, and attach them to your your amount at risk. It can be used only 1040 or 1040-SR), Form 4797, or other tax return. Also attach Form 6198 and if you know your adjusted basis in the forms and schedules any prior year keep a copy for your records. activity or in your interest in the partnership's or S corporation's at-risk losses that you could not deduct activity. because of the at-risk rules. If your current year profit is from a passive activity and you have a loss Part III is a longer method of figuring Partners and S corporation share- from any other passive activity, see the your amount at risk, which may allow a holders. Include on lines 2a, 2b, and Instructions for Form 8582, Passive larger amount at risk. You do not need to 2c your current year gains and losses Activity Loss Limitations, or the complete Part II if you use Part III. and prior year losses attributable to the Instructions for Form 8810, Corporate activity that you could not deduct Passive Activity Loss and Credit Line 6 because of the at-risk rules. Limitations, whichever applies. Adjusted Basis on the First Day of Line 3 Even if you have a current year Tax Year profit on line 5, you may have Other Income and Gains From the CAUTION! Sole proprietors. Filers of Schedules recapture income if you Activity received a distribution or had a C and F (Form 1040 or 1040-SR) must transaction during the year that reduced not reduce the amount on this line by If you were a partner or S corporation your amount at risk in the activity to less any liabilities. See Pub. 551, Basis of shareholder, include on line 3 other than zero at the close of the tax year. Assets, for rules on adjusted basis. income and gains from Schedule K-1 See Pub. 925 for information on the Partners. To figure the adjusted basis, that you did not include on lines 1 recapture rules. see Pub. 541, Partnerships. through 2c. S corporation shareholders. To figure Line 4 the adjusted basis, see the Instructions If line 5 shows a current year loss, Other Deductions and Losses your loss may be limited to the income for Form 1120-S. From the Activity or gains, if any, included on lines 1, 2, If the partnership or S and 3. Separate the items of income, corporation is engaged in more If you were a partner or S corporation gains, deductions, and losses on lines 1 CAUTION! than one at-risk activity or in shareholder, include on line 4 other through 4. The income and gains are both at-risk activities and not-at-risk deductions and losses from fully reportable on your tax return. The activities, you must figure the part of Schedule K-1 that you did not include deductions and losses are allowable your adjusted basis that is allocable to on lines 1 through 2c. (subject to any other limitation such as each at-risk activity. See Aggregation or the passive activity rules) to the extent Separation of Activities, earlier, to of the income and gains. To determine determine each at-risk activity in which If you have investment interest the allowable portion of each deduction a partnership or S corporation is expense from your at-risk activity, first or loss, divide each deduction or loss engaged. complete Form 4952, Investment from the activity by the total loss from Interest Expense Deduction, to figure the activity on line 5. Then, multiply the your allowable investment interest Line 7 total income and gains by this fraction. deduction. Increases for the Tax Year Complete the rest of the form to see Do not include the current year income If you have investment interest how much, if any, of the excess loss can or gains shown on lines 1 through 3. expense from other activities on be deducted. Form 4952, determine the allowable investment interest deduction Example. You have a Schedule C Include changes during the current attributable to the at-risk activity (Form 1040 or 1040-SR) loss of $4,600 tax year in amounts that increase your on line 1 and a Schedule D (Form 1040 amount at risk, such as the following. 3 |
Enlarge image | Page 4 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Net fair market value (FMV) of financing (defined earlier under Part III—Detailed property you own (not used in the Qualified Nonrecourse Financing) used activity) that secures nonrecourse loans to finance the activity, to acquire Computation of Amount At used to finance the activity, to acquire property used in the activity, or to Risk property used in the activity, or to acquire your interest in the activity. Only If you completed Part III of Form 6198 acquire your interest in the activity. amounts included on line 6 can be for this activity for the prior tax year, skip Include the nonrecourse loans on line 9 entered on line 9. lines 11 through 14. Then, see the (if included on line 6). Generally, the net 2. Cash, property, or borrowed instructions for lines 15 and 16, and the FMV is determined when the property is amounts protected against loss by a instructions for line 18, later, to pledged as security for the loan. guarantee, stop-loss agreement, or determine the amounts to enter on Do not enter the net FMV if (a) the other similar arrangement. Enter this those lines. nonrecourse loan was from a person amount only if it was included on line 6. If the activity began on or after one of who has an interest in the activity other Do not include items covered by the effective dates shown below and than as a creditor or who is related casualty insurance or insurance against you did not complete Part III of Form under section 465(b)(3)(C) to a person tort liability. 6198 for this activity for the prior tax (except you) having such an interest, 3. Amounts borrowed from a person year, skip lines 11 through 14. Enter -0- and (b) the activity is described in (1) who has an interest in the activity other on line 15 and complete the rest of Part through (5) (or (6) for amounts borrowed than as a creditor or who is related III. after May 3, 2004) under At-Risk under section 465(b)(3)(C) to a person Activities, earlier. However, (a) does not (except you) having such an interest. Effective Dates apply to amounts borrowed by a This does not apply to (a) amounts Generally, the effective date is the first corporation from a person whose only borrowed by a corporation from a day of the first tax year beginning after interest in the activity is as a person whose only interest in the 1975 if the activity is described in (1) shareholder of the corporation. See activity is as a shareholder of the through (4) under At-Risk Activities, Pub. 925 for definitions. corporation, or (b) amounts borrowed earlier. 2. Cash and the adjusted basis of after May 3, 2004, and secured by real If the activity is described in (5) under other property (determined at the time of property used in the activity of holding At-Risk Activities, earlier, the effective the contribution) contributed to the real property (other than mineral date is usually October 1, 1978, for activity during the tax year. However, if property) that, if nonrecourse, would be wells started after September 30, 1978. you used your own assets to repay a qualified nonrecourse financing. Enter Generally, a well started before October nonrecourse debt and you included an these amounts only if they were 1, 1978, is not subject to the at-risk amount in (1) above, the amount included on line 6 and not included rules. included as repayments cannot be more under (1) or (2) above. This applies only than the amount by which the balance of to activities described in (1) through (5) The activity of holding real property is the loan at the time of repayment under At-Risk Activities, earlier. See subject to the at-risk rules for property exceeds the net FMV of property you Pub. 925 for definitions and more placed in service after 1986, and for an own (not used in the activity) that details. interest acquired after 1986 in an S secures the debt. 4. Withdrawals and distributions corporation, partnership, or other 3. Loans used to finance the activity, during the tax year — both cash and the pass-through entity engaged in an to acquire property used in the activity, adjusted basis of noncash items (less activity of holding real property. An or to acquire your interest in the activity nonrecourse liabilities to which the activity of holding real property does not for which you are personally liable, and noncash items are subject) — including include the holding of mineral property. qualified nonrecourse financing (defined assets used in the activity to repay Holding mineral property may be earlier under Qualified Nonrecourse certain debts. subject to at-risk limitations other than the special rules that apply to activities Financing). Do not enter amounts 5. Nonrecourse liabilities included of holding real property. included in (2) under Increases for the on line 6 of property you contributed to Tax Year or on line 6. the activity. In most cases, the effective date for 4. Percentage depletion for this year all other at-risk activities is the first day deducted in excess of the adjusted Line 10b of the first tax year beginning after 1978. basis of depletable property for the Amount At Risk If you are a partner or an S activity. corporation shareholder, the date you If the amount on this line is smaller than became a partner or shareholder may Line 9 your overall loss from the activity determine whether you are subject to Decreases for the Tax Year (line 5), you may want to complete Part the at-risk rules. III to see if Part III gives you a larger Do not include the current year amount at risk. Line 11 deductions or losses shown on lines 1 If the amount on line 10b is zero, Investment in the Activity at the through 4. ! you may be subject to the Effective Date CAUTION recapture rules. See Pub. 925. Include changes during the current Taxpayers other than partners or tax year in amounts that decrease your S corporation shareholders. Use the amount at risk, such as the following. Line 11 Worksheet and its instructions 1. Nonrecourse loans (including to figure your investment in the activity recourse loans changed to nonrecourse at the effective date. Enter all amounts loans) other than qualified nonrecourse as of the effective date. 4 |
Enlarge image | Page 5 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Partners and S corporation share- partnership or S corporation is engaged the part that is allocable to the at-risk holders. Enter on line 11 the basis of in both at-risk and not-at-risk activities, activity on line 11. your investment in the partnership or S allocate your investment between the corporation at the effective date. If the at-risk and not-at-risk activities. Enter Line 11 Worksheet—Figure Your Investment in the Activity at the Effective Date Keep for Your Records (If the activity began on or after the effective date, do not complete this worksheet.) 1. Cash on hand and in banks for the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. 2. Inventories for the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. 3a. Cost or other basis of depreciable assets for the activity (see instructions below) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3a. b. Accumulated depreciation for the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3b. 4. Adjusted basis of depreciable assets for the activity. Subtract line 3b from line 3a . . . . . . . . . . . . . . . . . . . . . . . . . 4. 5a. Cost or other basis of depletable assets at the time contributed to the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5a. b. Accumulated depletion taken on or after property was contributed to the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5b. 6. Adjusted basis of depletable assets for the activity. Subtract line 5b from line 5a . . . . . . . . . . . . . . . . . . . . . . . . . . 6. 7. Adjusted basis of land for the activity (net of any amortization) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. 8. Other assets for the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. 9. Cash basis taxpayer investment in the activity at the effective date. Add lines 1, 2, 4, 6, 7, and 8. Enter here and on Form 6198, line 11. (Accrual basis taxpayers also complete lines 10a through 14 below to figure the amount to enter on Form 6198, line 11.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. 10a. Trade notes and accounts receivable for the activity . . . . . . . . . . . . . . . . . . . . . 10a. b. Reserve for bad debts for the activity (see instructions below) . . . . . . . . . . . . . . . 10b. 11. Net receivables for the activity. Subtract line 10b from line 10a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. 12. Add lines 9 and 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. 13. Accounts payable for the activity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. 14. Accrual basis taxpayer investment in the activity at the effective date. Subtract line 13 from line 12. Enter here and on Form 6198, line 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14. Worksheet Instructions Lines 3a and 3b. See the instructions for line 16, item (2), earlier, for the rules on basis. Generally, the amounts for lines 3a and 3b can be taken directly from your depreciation schedule. Use the depreciation schedule you filed at the effective date, not the schedule for the current tax year. Line 10b. If you use a reserve for bad debts, subtract from your accounts receivable the balance of the reserve on the effective date. But only subtract up to the amount you were allowed as a deduction under repealed section 166(c) for years before the effective date. 5 |
Enlarge image | Page 6 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 12 Worksheet—Figure Your Total Losses From Years Before the Effective Date for Which There Were Equal or Greater Amounts Not At Risk at Year End Keep for Your Records (a) (b) (c) (d) (e) (f) Year Amount of loss for the Amount not at risk at end Total amounts from Subtract (d) from (c) Smaller of (b) or (e) year of year column (f) for all prior years Total (include on Form 6198, line 12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ Worksheet Instructions Use the first line of the worksheet for the first year in which you had a loss and amounts not at risk. List each subsequent year in order. Column (d). For each year after the first year, enter the total amount in column (f) for all prior years. Example. You had losses in 1970, 1971, and 1975. At the end of each of those years, you had outstanding amounts not at risk of $1,000. You had losses of $500 in 1970, $300 in 1971, and $500 in 1975. For 1970, you enter $500 in column (b), $1,000 in column (c), $1,000 in column (e), and $500 in column (f). For 1971, you enter $300 in column (b), $1,000 in column (c), $500 in column (d) (the total amount from column (f) for all prior years), $500 in column (e), and $300 in column (f). For 1975, you enter $500 in column (b), $1,000 in column (c), $800 in column (d) (the total amount from column (f) for all prior years ($500 + $300)), $200 in column (e), and $200 in column (f). Of the $500 loss for 1975, only $200 is a loss for which there was an equal or greater amount not at risk at year end. Your total loss from years before the effective date for which there were equal or greater amounts not at risk at year end is $1,000 (the total of the amounts in column (f)). Line 12 end. Use the Line 12 Worksheet and its at the effective date. Enter this amount instructions to figure this amount. only if it was included on line 11. Do not Increases at Effective Date include items covered by casualty Make all entries on a year-by-year insurance or insurance against tort Enter your share of amounts such as the basis. Include amounts only for years liability. following. before the effective date. Do not 3. Amounts outstanding at the 1. Net FMV of your own property accumulate totals of earlier losses or effective date borrowed from a person (not used in the activity) that secures nonrecourse debts. who has an interest in the activity other nonrecourse loans used to finance the If you took a deduction for than as a creditor or who is related under section 465(b)(3)(C) to a person activity, to acquire property used in the ! percentage depletion for an item (except you) having such an interest. activity, or to acquire your interest in the CAUTION of depletable property in excess activity that will be included on line 14. of the adjusted basis of the property in a This does not apply to amounts Generally, the net FMV is determined year for which you had a loss for the borrowed by a corporation from a when the property is pledged as activity, subtract the amount of the person whose only interest in the security for a loan. excess from the loss for that year. activity is as a shareholder of the Do not enter the net FMV if (a) the corporation. Enter these amounts only if nonrecourse loan was from a person Line 14 they were included on line 11 and not who has an interest in the activity other included under (1) or (2) above. This than as a creditor or who is related Decreases at Effective Date applies only to activities described in (1) under section 465(b)(3)(C) to a person through (5) under At-Risk Activities, (except you) having such an interest, Enter your share of amounts such as the earlier. See Pub. 925 for definitions and and (b) the activity is described in (1) following. more details. through (5) under At-Risk Activities, 1. Nonrecourse loans outstanding at 4. If you are not an S corporation earlier. However, (a) does not apply to the effective date used to finance the shareholder, also include liens and amounts borrowed by a corporation activity, to acquire property used in the encumbrances on property you from a person whose only interest in the activity, or to acquire your interest in the contributed to the activity that are activity is as a shareholder of the activity, including recourse loans included on line 11. If you are an S corporation. See Pub. 925 for changed to nonrecourse loans. Enter corporation shareholder, do not include definitions. If the activity is described in this amount only if it was included on any loans that were assumed by the (6) under At-Risk Activities, earlier, you line 11. corporation or that were liens or can include these amounts. encumbrances on property you 2. Cash, property, or borrowed contributed to the corporation if the 2. Total losses from years before the amounts, protected against loss by a corporation took the property subject to effective date for which there were equal guarantee, stop-loss agreement, or the debt. or greater amounts not at risk at year other similar arrangement outstanding 6 |
Enlarge image | Page 7 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 15 (except you) having such an interest, If you are not an S corporation and (b) the activity is described in (1) shareholder, enter the total net income Amount At Risk through (5) (or (6) for amounts borrowed from the activity since the effective date, after May 3, 2004) under At-Risk taking into account only those years the If you completed Part III of Form 6198 Activities, earlier. However, (a) does not activity had net income. For years since for the prior tax year, check box b and apply to amounts borrowed by a the effective date that the activity had a enter the amount from line 19b of the corporation from a person whose only net loss, see the instructions for line 18, prior year form on this line. interest in the activity is as a item (5), later. Do not enter the amount from shareholder of the corporation. See If you are an S corporation Pub. 925 for definitions. ! line 10b of the prior year tax shareholder, enter your total net income CAUTION form. Also, do not include on 2. Cash and the adjusted basis of from the activity for profit years since the this line any amounts that are not at risk. other property contributed to the activity effective date. Income from the activity since the effective date. Adjusted basis includes gain recognized under section is the basis that would be used to figure 357(c) on contributions of property to Line 16 the loss if the property was sold the activity. Include all distributions you Increases immediately after you contributed it to received from the activity as well as your the activity. See Pub. 551 for details. share of the activity's taxable income. If you completed Part III of Form 6198 If you are an S corporation 5. Gain recognized on the transfer for your prior tax year, check box b and shareholder and you contributed or disposition of all or part of the activity enter on this line any increases property to the corporation subject to a or of your interest in the activity since described in (1) through (9) below that liability, including a liability you are the effective date. occurred since the end of your prior tax personally required to repay, then you 6. Amounts you included in income year. must reduce the total of the adjusted since the effective date because your basis of all the property you contributed amount at risk was less than zero. If you completed Part III of your prior by the total of all liabilities the property year form, “since effective date” means was subject to. This applies whether the 7. All money from outside the since the end of your prior tax year. corporation took the property subject to, activity used since the effective date to or assumed, the liabilities. repay loans included on lines 14 and 18. If, however, you used your own assets to 3. Loans for which you are repay a nonrecourse debt and you Enter your share of amounts such as personally liable that were used to included an amount in Increases, the following. finance the activity, to acquire property earlier, the amounts included as 1. Net FMV of property you own (not used in the activity, or to acquire your repayments cannot exceed the amount used in the activity) that secures interest in the activity and qualified by which the balance of the loan at the nonrecourse loans that were acquired nonrecourse financing (defined under time of repayment exceeds the net FMV since the effective date and were used Qualified Nonrecourse Financing, of property you own (not used in the to finance the activity, to acquire earlier). Do not enter amounts included activity) that secures the debt. property used in the activity, or to in (2) above. 8. Percentage depletion deducted in acquire your interest in the activity. 4. Total net income from this activity excess of the adjusted basis of the Generally, the net FMV is determined since the effective date (excess of all depletable property for the activity since when the property is pledged as items of income received or accrued the effective date. Use the Line 16 security for the loan. over the allowable deductions). Do not Worksheet to figure this amount. Be Do not enter the net FMV if (a) the enter any amount less than zero. Do not sure to include the amount for the nonrecourse loan was from a person include the current year income or current year. who has an interest in the activity other gains. 9. If you are an S corporation than as a creditor or who is related shareholder, enter the loans you made under section 465(b)(3)(C) to a person Line 16 Worksheet (Item 8)—Figure Percentage Depletion Deducted in Excess of the Adjusted Basis of Depletable Property Keep for Your Records (c) (d) (a) (b) Adjusted basis of depletable property before Excess percentage depletion Year Percentage depletion deduction any depletion deduction for (column (b) minus column (c)) the year but not less than zero Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ 7 |
Enlarge image | Page 8 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to your S corporation since the effective If you are an S corporation For loans, enter the amount of date. Do not include notes that you have shareholder and the property is subject TIP the loan you incurred, not the given to the activity that are still to debt that would be included on line 14 current balance of the loan. outstanding. (or on this line except for the fact that there are liens or encumbrances on the Line 19b Line 18 property in the activity), reduce the Amount At Risk Decreases basis of the distributed property by the amount of the debt. If the amount on line 19b is zero, you If you completed Part III of Form 6198 If you are not an S corporation may be subject to the recapture rules. for your prior tax year, check box b and shareholder, reduce the adjusted basis See Pub. 925. enter on this line any decreases of property withdrawn by the amount, at described in (1) through (8) below that the time of withdrawal, of any Part IV—Deductible Loss occurred since the end of your prior tax nonrecourse liability to which the year. property is subject. Line 21 Do not include any money from the Deductible Loss If you completed Part III of your prior activity used to repay loans described in year tax form, “since effective date” the instructions for line 14 on page 5. If the loss on line 5 is equal to or less means since the end of your prior tax Include amounts that were withdrawn than the amount on line 20, report the year. and recontributed. Recontributed items in Part I in full on your return, amounts must also be included on subject to any other limitations such as Enter your share of amounts such as line 16. the passive activity and capital loss the following. Partners and S corporation limitations. Follow the instructions for 1. Cash, property, or borrowed shareholders who recognize gain on your tax return. amounts protected against loss by a distributions from the partnership or S guarantee, stop-loss agreement, or corporation must include the If the loss on line 5 is more than the other similar arrangement entered into distributions on line 18. They must also amount on line 20, you must limit your since the effective date. Do not include take them into account as income from deductible loss to the amount on items covered by casualty insurance or the activity on line 16 unless the gain is line 20, subject to any other limitations. insurance against tort liability. Enter this recognized in the current year. Examples. (a) If line 5 is a loss of amount only if it was included on line 16. 4. Recourse loans (and qualified $400 and line 20 is $1,000, enter ($400) See the instructions at the beginning of nonrecourse financing) changed to on line 21. (b) If line 5 is a loss of $1,600 Part III, earlier, for information on nonrecourse loans since the effective and line 20 is $1,200, enter ($1,200) on effective dates. date. line 21. (c) If line 5 is a loss of $800 and 2. Amounts borrowed since the 5. Total losses from this activity line 20 is zero, enter -0- on line 21. effective date from a person who has an deducted since the effective date. Take When comparing lines 5 and 20, interest in the activity other than as a into account only those years in which TIP treat the loss on line 5 as a creditor or who is related under section you had a net loss. Do not include positive number only for 465(b)(3)(C) to a person (except you) current year losses or deductions. Also, purposes of determining the amount to having such an interest. However, this do not include losses or deductions you enter on line 21. does not apply to (a) amounts borrowed could not deduct because of the at-risk by a corporation from a person whose rules. If the amount on line 21 is made up of only interest in the activity is as a Your prior tax year line 21 only one deduction or loss item, report shareholder of the corporation, or (b) ! deductible loss reduces your on your return the amount shown on amounts borrowed after May 3, 2004, CAUTION at-risk investment as of the line 21, subject to any other limitations. and secured by real property used in the beginning of your current tax year. Follow the instructions for your tax return activity of holding real property (other to determine where to report the amount than mineral property) that, if 6. Nonrecourse liabilities of property on your return. nonrecourse, would be qualified you contributed to the activity since the nonrecourse financing. Enter these effective date. If the amount on line 21 is made up of amounts only if they were included on 7. Any other at-risk amounts more than one deduction or loss item in line 16 and not included under (1) included on line 15 that changed to Part I (such as a Schedule C loss and a above. This applies to activities amounts that are not at risk since the Schedule D loss), a portion of each described in (1) through (5) (or (6) for effective date. such deduction or loss item is allowed amounts borrowed after May 3, 2004) (subject to other limitations) for the year. under At-Risk Activities, earlier. See the 8. If you are an S corporation instructions at the beginning of Part III, shareholder, do not include any loans Determine this portion by multiplying the earlier, for information on effective that were assumed by the corporation or loss on line 21 by a fraction. Figure the dates. that were liens or encumbrances on fraction by dividing each item of property you contributed to the deduction or loss from the activity by the 3. Cash and the adjusted basis of corporation since the effective date if the total loss from the activity on line 5. The other property withdrawn or distributed corporation took the property subject to remaining portion of each deduction or since the effective date. Adjusted basis the debt. loss item from the activity is disallowed is the basis that would be used to figure and must be carried over to next year. the loss if the property was sold by the activity at the time you withdrew it or it Paperwork Reduction Act Notice. was distributed to you. We ask for the information on this form 8 |
Enlarge image | Page 9 of 9 Fileid: … orm-6198/202412/a/xml/cycle03/source 7:36 - 22-Nov-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to carry out the Internal Revenue laws of information are confidential, as required If you have comments concerning the the United States. You are required to by section 6103. accuracy of these time estimates or give us the information. We need it to The time needed to complete and file suggestions for making this form ensure that you are complying with this form will vary depending on simpler, we would be happy to hear from these laws and to allow us to figure and individual circumstances. The estimated you. See the instructions for the tax collect the right amount of tax. burden for individual taxpayers filing this return with which this form is filed. You are not required to provide the form is approved under OMB control information requested on a form that is number 1545-0074 and is included in subject to the Paperwork Reduction Act the estimates shown in the instructions unless the form displays a valid OMB for their individual income tax return. control number. Books or records The estimated burden for all other relating to a form or its instructions must taxpayers who file this form is shown be retained as long as their contents below. may become material in the administration of any Internal Revenue Recordkeeping. . . . . . . 1 hr., 12 min. law. Generally, tax returns and return Learning about the law or the form. . . . . . . . . . 1 hr. Preparing the form. . . . 1 hr., 25 min. Copying, assembling, and sending the form to the IRS. . . . . . . . . . . 20 min. 9 |