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      Department of the Treasury
      Internal Revenue Service

2023 Instructions for Schedule E
                                      Use Schedule E (Form 1040) to report income or loss from rental real estate, royalties, 
Supplemental                          partnerships, S corporations, estates, trusts, and residual interests in REMICs.
                                      You can attach your own schedule(s) to report income or loss from any of these 
Income and Loss                       sources. Use the same format as on Schedule E.
                                      Enter separately on Schedule E the total income and the total loss for each part. En-
                                      close loss figures in (parentheses).

Section references are to the Internal Revenue Code unless             found in the Shareholder’s Instructions for Schedule K-1 (Form 
otherwise noted.                                                       1120-S).
Future Developments
For the latest information about developments related to Sched-        General Instructions
ule E (Form 1040) and its instructions, such as legislation enac-
ted after they were published, go to IRS.gov/ScheduleE.                Other Schedules and Forms You May Have 
                                                                       To File
                                                                       •   Schedule A (Form 1040) to deduct interest, taxes, and 
                                                                       casualty losses not related to your business.
What's New                                                                 Form 461 to report an excess business loss.
                                                                       •
Standard  mileage  rate.  The  standard  mileage  rate  for  miles     •   Form 941 to report the employer share and employee 
driven  in  connection  with  your  rental  activities  increased  to  share of social security tax and Medicare tax, withheld federal 
65.5 cents a mile for 2023.                                            income tax, and, if applicable, withheld Additional Medicare 
Business meals expense.   The temporary 100% deduction for             Tax.
food  or  beverages  provided  by  a  restaurant  has  expired.  The   •   Form 944 for smallest employers (those whose annual 
business meal deduction reverts back to the previous 50% al-           liability for social security, Medicare, and withheld federal 
lowable deduction beginning January 1, 2023. See Line 6    , later,    income taxes is $1,000 or less) to file and pay these taxes only 
for more information.                                                  once a year instead of every quarter.
                                                                       •   Form 1041 to report information for estates and trusts.
                                                                       •   Form 3520 to report certain transactions with foreign 
                                                                       trusts and receipt of certain large gifts or bequests from certain 
Reminders                                                              foreign persons.
Form 7205, Energy Efficient Commercial Buildings Deduc-                •   Form 4562 to claim depreciation and amortization 
tion. This form and its separate instructions are used to claim        (including information on listed property) on assets placed in 
the  section  179D  deduction  for  the  cost  of  energy  efficient   service in 2023, to claim amortization that began in 2023, to 
commercial building property and energy efficient building ret-        make an election under section 179 to expense certain property, 
rofit property placed in service during the tax year.                  or to report information on listed property.
Excess  business  loss  limitation.  If  you  report  a  loss  on      •   Form 4684 to report a casualty or theft gain or loss 
line  26,  32,  37,  or  39  of  your  Schedule  E  (Form  1040),  you involving property used in your trade or business or 
may  be  subject  to  a  business  loss  limitation.  The  disallowed  income-producing property.
loss  resulting  from  the  limitation  will  not  be  reflected  on   •   Form 4797 to report sales, exchanges, and involuntary 
line 26, 32, 37, or 39 of your Schedule E. Instead, use Form           conversions (not from a casualty or theft) of trade or business 
461  to  determine  the  amount  of  your  excess  business  loss,     property.
which will be included as income on Schedule 1 (Form 1040),            •   Form 6198 to apply a limitation to your loss from an 
line 8p. Any disallowed loss resulting from this limitation will       at-risk activity.
be treated as a net operating loss that must be carried forward        •   Form 7203 to figure potential limitations of your share of 
and deducted in a subsequent year.                                     the S corporation's deductions, credits, and other items that can 
                                                                       be deducted on your return.
See Form 461 and its instructions for details on the excess                Form 7205 to claim the deduction for the cost of energy 
business loss limitation.                                              •
                                                                       efficient commercial building property and energy efficient 
Figuring  a  shareholder’s  stock  and  debt  basis.  See  Form        building retrofit property placed in service during the tax year.
7203 and its separate instructions, which have been developed          •   Form 8082 to notify the IRS of any inconsistent tax 
to  replace  the  3-part  Worksheet  for  Figuring  a  Shareholder’s   treatment for an item on your return.
Stock  and  Debt  Basis  and  its  related  instructions  formerly     •   Form 8582 to apply a limitation to your loss from passive 
                                                                       activities.

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•    Form 8824 to report like-kind exchanges.                           as  separate  properties  on  line  1  of  Schedule  E.  On  lines  3 
•    Form 8826 to claim a credit for expenditures to improve            through 22 for each separate property interest, you must enter 
access to your business for individuals with disabilities.              your share of the applicable income, deduction, or loss.
•    Form 8873 to figure your extraterritorial income                   If  you  have  more  than  three  rental  real  estate  or  royalty 
exclusion.                                                              properties,  complete  and  attach  as  many  Schedules  E  as  you 
•    Form 8960 to pay Net Investment Income Tax on certain              need to list them. But fill in lines 23a through 26 on only one 
income from your rental and other passive activities.                   Schedule E. The figures on lines 23a through 26 on that Sched-
•    Form 8990 to determine whether your business interest              ule E should be the combined totals for all properties reported 
deduction is limited.                                                   on your Schedules E.
•    Form 8995 or 8995-A to claim a deduction for qualified 
                                                                        Once made, the election can be revoked only with the per-
business income.
                                                                        mission of the IRS. However, the election technically remains 
Single-member  limited  liability  company  (LLC).    In  most          in effect only for as long as the spouses filing as a QJV contin-
cases, a single-member domestic LLC is not treated as a sepa-           ue to meet the requirements to be treated as a QJV. If the spou-
rate entity for federal income tax purposes. If you are the sole        ses fail to meet the QJV requirements for a year, a new election 
member of a domestic LLC, file Schedule E (or Schedule C or             will be necessary for any future year in which the spouses meet 
F,  if  applicable).  However,  you  can  elect  to  treat  a  domestic the requirements to be treated as a QJV.
LLC as a corporation. See Form 8832 for details on the elec-
                                                                        Rental  real  estate  income  is  generally  not  included  in  net 
tion and the tax treatment of a foreign LLC.
                                                                        earnings from self-employment subject to self-employment tax 
Information  returns.  You  may  have  to  file  information  re-       and is generally subject to passive loss limitation rules. Elect-
turns  for  wages  paid  to  employees,  certain  payments  of  fees    ing  QJV  status  does  not  alter  the  application  of  the  self-em-
and other nonemployee compensation, interest, rents, royalties,         ployment tax or the passive loss limitation rules.
real estate transactions, annuities, and pensions. For details, see 
                                                                        For more information on QJVs, go to IRS.gov/QJV.
Line A, later, and the 2023 General Instructions for Certain In-
formation Returns.                                                      Reportable Transaction Disclosure 
If you received cash of more than $10,000 in one or more                Statement
related transactions in your trade or business, you may have to 
                                                                        Use  Form  8886  to  disclose  information  for  each  reportable 
file Form 8300. For details, see Pub. 1544.
                                                                        transaction in which you participated. Form 8886 must be filed 
Qualified Joint Venture (QJV)                                           for each tax year that your federal income tax liability is affec-
                                                                        ted by your participation in the transaction. You may have to 
If you and your spouse each materially participate (see Materi-
                                                                        pay a penalty if you are required to file Form 8886 but do not 
al participation in the Instructions for Schedule C) as the only 
                                                                        do so. You may also have to pay interest and penalties on any 
members  of  a  jointly  owned  and  operated  rental  real  estate 
                                                                        reportable  transaction  understatements.  The  following  are  re-
business and you file a joint return for the tax year, you can 
                                                                        portable transactions.
elect to be treated as a QJV instead of a partnership. This elec-
tion, in most cases, will not increase the total tax owed on the        • Any listed transaction that is the same as or substantially 
                                                                        similar to tax avoidance transactions identified by the IRS.
joint return. By making the election, you will not be required to 
file Form 1065 for any year the election is in effect and will in-      • Any  transaction  offered  to  you  or  a  related  party  under 
                                                                        conditions of confidentiality for which you paid an advisor a 
stead report the income and deductions directly on your joint 
                                                                        fee of at least $50,000 for individuals or $250,000 for partner-
return. If you and your spouse filed Form 1065 for the year pri-
                                                                        ships and trusts. See the Instructions for Form 8886.
or to the election, the partnership terminates at the end of the 
tax year immediately preceding the year the election takes ef-          • Certain transactions for which you or a related party have 
                                                                        contractual protection against disallowance of the tax benefits.
fect.
                                                                        • Certain transactions resulting in a loss of at least $2 mil-
Note. Mere joint ownership of property that is not a trade or           lion in any single tax year or $4 million in any combination of 
business does not qualify for the election.                             tax years (at least $50,000 for a single tax year if the loss arose 
                                                                        from a foreign currency transaction defined in section 988(c)
        Only businesses that are owned and operated by spou-            (1), whether or not the loss flows through from an S corpora-
!       ses as co-owners (and not in the name of a state law            tion or partnership).
CAUTION entity) qualify for the election. Thus, a business owned 
                                                                        • Certain  transactions  of  interest  entered  into  that  are  the 
and operated by spouses through an LLC does not qualify for             same as or substantially similar to transactions that the IRS has 
the election of a QJV.                                                  identified  by  notice,  regulation,  or  other  form  of  published 
Making the election.   To make this election for your rental re-        guidance as transactions of interest.
al  estate  business,  check  the  “QJV”  box  on  line  2  for  each   See the Instructions for Form 8886 for more details.
property that is part of the QJV. You must divide all items of 
income,  gain,  loss,  deduction,  and  credit  attributable  to  the   Limitation on Losses
rental real estate business between you and your spouse in ac-          If you report a loss from rental real estate or royalties in Part I, 
cordance  with  your  respective  interests  in  the  venture.  Al-     a loss from a partnership or S corporation in Part II, or a loss 
though you and your spouse will not each file your own Sched-           from an estate or trust in Part III, your loss may be reduced or 
ule E as part of the QJV, each of you must report your interest 

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not  allowed  this  year.  You  must  apply  the  following  rules  to Qualified  nonrecourse  financing. Qualified  nonrecourse  fi-
your loss.                                                             nancing is treated as an amount at risk if it is secured by real 
•    Basis rules apply to losses from a partnership or S               property used in an activity of holding real property subject to 
corporation. See Basis rules for partnerships and Basis rules          the at-risk rules. Qualified nonrecourse financing is financing 
for S corporations, later, in Part II.                                 for which no one is personally liable for repayment and is:
•    At-risk rules apply to losses from rental real estate or            Borrowed by you in connection with the activity of hold-
                                                                       •
royalties. They also apply to losses from a partnership, S             ing real property (other than mineral property);
corporation, estate, or trust. See At-Risk Rules, later, in the          Not  convertible  from  a  debt  obligation  to  an  ownership 
                                                                       •
General Instructions. If the loss is from a partnership or S           interest; and
corporation, also see At-risk rules, later, in Part II.                  Loaned or guaranteed by any federal, state, or local gov-
                                                                       •
•    Passive activity loss rules apply to losses from rental real      ernment, or borrowed by you from a qualified person.
estate. They also apply to losses from a partnership, S 
corporation, estate, or trust. See Passive Activity Loss Rules,        Qualified  person.      A  qualified  person  is  a  person  who  ac-
later, in the General Instructions. If the loss is from a              tively and regularly engages in the business of lending money, 
partnership or S corporation, also see Passive activity loss           such as a bank or savings and loan association. A qualified per-
rules, later, in Part II.                                              son cannot be:
•    Excess business loss rules apply to losses from all               • Related to you (unless the nonrecourse financing obtained 
noncorporate trades or businesses. This loss limitation is             is commercially reasonable and on substantially the same terms 
figured using Form 461 after you complete your Schedule E.             as loans involving unrelated persons),
Any limitation to your loss resulting from these rules will not        • The seller of the property (or a person related to the sell-
be reflected on your Schedule E. Instead, it will be included as       er), or
income on Schedule 1 (Form 1040), line 8p, and treated as a            • A person who receives a fee due to your investment in re-
net operating loss that must be carried forward and deducted in        al property (or a person related to that person).
a subsequent year. These rules also apply to losses from a             More  information.   For  more  details  about  the  at-risk  rules, 
partnership or S corporation.                                          see the Instructions for Form 6198 and Pub. 925.
At-Risk Rules                                                          Passive Activity Loss Rules
In  most  cases,  you  must  complete  Form  6198  to  figure  your    The passive activity loss rules may limit the amount of losses 
loss if you have:                                                      you can deduct. These rules apply to losses in Parts I, II, and 
•    A loss from an activity carried on as a trade or business         III, and line 40 of Schedule E.
or for the production of income, and
                                                                       Losses  from  passive  activities  may  be  subject  first  to  the 
•    Amounts in the activity for which you are not at risk.
                                                                       at-risk rules. Losses deductible under the at-risk rules are then 
The at-risk rules in most cases limit the amount of loss (in-          subject to the passive activity loss rules.
cluding loss on the disposition of assets) you can claim to the 
                                                                       You can deduct losses from passive activities in most cases 
amount  you  could  actually  lose  in  the  activity.  However,  the 
                                                                       only to the extent of income from passive activities. An excep-
at-risk rules do not apply to losses from an activity of holding 
                                                                       tion for certain rental real estate activities (explained later) may 
real property placed in service before 1987. They also do not 
                                                                       apply.
apply  to  losses  from  your  interest  acquired  before  1987  in  a 
pass-through  entity  engaged  in  such  activity.  The  activity  of 
holding mineral property does not qualify for this exception.          Passive Activity
                                                                       A passive activity is any business activity in which you did not 
In most cases, you are not at risk for amounts such as the 
                                                                       materially  participate  and  any  rental  activity,  except  as  ex-
following.
                                                                       plained later. If you are a limited partner, in most cases, you are 
•    Nonrecourse loans used to finance the activity, to acquire 
                                                                       not treated as having materially participated in the partnership's 
property used in the activity, or to acquire your interest in the 
                                                                       activities for the year.
activity that are not secured by your own property (other than 
property used in the activity). However, there is an exception         The rental of real or personal property is a rental activity un-
for certain nonrecourse financing borrowed by you in connec-           der the passive activity loss rules in most cases, but exceptions 
tion with the activity of holding real property (other than min-       apply. If your rental of property is not treated as a rental activi-
eral property). See Qualified nonrecourse financing, later.            ty, you must determine whether it is a trade or business activity 
•    Cash, property, or borrowed amounts used in the activity          and, if so, whether you materially participated in the activity 
(or contributed to the activity, or used to acquire your interest      for the tax year.
in the activity) that are protected against loss by a guarantee,       See  the  Instructions  for  Form  8582  to  determine  whether 
stop-loss  agreement,  or  other  similar  arrangement  (excluding     you materially participated in the activity and for the definition 
casualty insurance and insurance against tort liability).              of “rental activity.”
•    Amounts borrowed for use in the activity from a person            See Pub. 925 for special rules that apply to rentals of:
who has an interest in the activity (other than as a creditor) or      • Substantially nondepreciable property,
who  is  related  under  section  465(b)(3)(C)  to  a  person  (other  • Property incidental to development activities, and
than you) having such an interest.                                     • Property related to activities in which you materially par-
                                                                       ticipate.

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Activities That Are Not Passive Activities                              Exception for Certain Rental Real Estate Activities
Activities of real estate professionals. If you were a real es-         If you meet all of the following conditions, your rental real es-
tate  professional  for  2023,  any  rental  real  estate  activity  in tate losses are not limited by the passive activity loss rules, and 
which you materially participated is not a passive activity. You        you do not need to complete Form 8582. If you do not meet all 
were a real estate professional for the year only if you met both       of these conditions, see the Instructions for Form 8582 to find 
of the following conditions.                                            out if you must complete and attach Form 8582 to figure any 
•    More than half of the personal services you performed in           losses allowed.
trades  or  businesses  during  the  year  were  performed  in  real    1. Rental real estate activities are your only passive activi-
property trades or businesses in which you materially participa-        ties.
ted.                                                                    2. You do not have any prior year unallowed losses from 
•    You  performed  more  than  750  hours  of  services  during       any passive activities.
the year in real property trades or businesses in which you ma-
                                                                        3. All of the following apply if you have an overall net loss 
terially participated.
                                                                        from these activities.
If you are married filing jointly, either you or your spouse 
                                                                        a. You    actively  participated  (defined  later)  in  all  of  the 
must meet both of the above conditions without taking into ac-
                                                                        rental real estate activities.
count services performed by the other spouse.
                                                                        b. If  married  filing  separately,  you  lived  apart  from  your 
A real property trade or business is any real property devel-
                                                                        spouse all year.
opment,  redevelopment,  construction,  reconstruction,  acquisi-
tion,  conversion,  rental,  operation,  management,  leasing,  or      c. Your overall net loss from these activities is $25,000 or 
brokerage trade or business. Services you performed as an em-           less ($12,500 or less if married filing separately).
ployee are not treated as performed in a real property trade or         d. You  have  no  current  or  prior  year  unallowed  credits 
business unless you owned more than 5% of the stock (or more            from passive activities.
than 5% of the capital or profits interest) in the employer.            e. Your   modified adjusted gross income (defined later) is 
If you qualify as a real estate professional, rental real estate        $100,000 or less ($50,000 or less if married filing separately).
activities in which you materially participated are not passive         f. You do not hold any interest in a rental real estate activi-
activities. For purposes of determining whether you materially          ty as a limited partner or as a beneficiary of an estate or a trust.
participated in your rental real estate activities, each interest in 
rental real estate is a separate activity unless you elect to treat     Active  participation.  You  can  meet  the  active  participation 
all your interests in rental real estate as one activity. To make       requirement  without  regular,  continuous,  and  substantial  in-
this election, attach a statement to your original tax return that      volvement in real estate activities. But you must have participa-
declares you are a qualifying taxpayer for the year and you are         ted in making management decisions or arranging for others to 
making  the  election  under  section  469(c)(7)(A).  The  election     provide services (such as repairs) in a significant and bona fide 
applies for the year made and all later years in which you are a        sense. Such management decisions include:
real  estate  professional.  You  can  revoke  the  election  only  if  •    Approving new tenants,
your facts and circumstances materially change.                         •    Deciding on rental terms,
      If you did not make this election on your timely filed            •    Approving capital or repair expenditures, and
TIP   return, you may be eligible to make a late election to            •    Other similar decisions.
      treat all your interest in rental real estate as one activ-       You are not considered to actively participate if, at any time 
ity.  See  Rev.  Proc.  2011-34,  2011-24  I.R.B.  875,  available  at  during the tax year, your interest (including your spouse's inter-
IRS.gov/irb/2011-24_IRB#RP-2011-34.                                     est) in the activity was less than 10% by value of all interests in 
                                                                        the activity. Except as provided in regulations, limited partners 
If  you  were  a  real  estate  professional  for  2023,  complete      aren't treated as actively participating in a partnership's rental 
Schedule E, line 43.                                                    real estate activities.
Other activities. The rental of a dwelling unit that you used as        Modified adjusted gross income. This is your adjusted gross 
a home is not subject to the passive loss limitation rules. See         income from Form 1040, 1040-SR, or Form 1040-NR, line 11, 
Line 2, later, to see if you used the dwelling unit as a home.          without taking into account:
A working interest in an oil or gas well you held directly or           •    Any allowable passive activity loss,
through an entity that did not limit your liability is not a pas-       •    Rental real estate losses allowed for real estate professio-
sive activity even if you did not materially participate.               nals (see Activities of real estate professionals, earlier),
Royalty income not derived in the ordinary course of a trade            •    Taxable social security or tier 1 railroad retirement bene-
or business reported on Schedule E in most cases is not consid-         fits,
ered income from a passive activity.                                    •    Deductible  contributions  to  a  traditional  IRA  or  certain 
                                                                        other qualified retirement plans under section 219,
For  more  details  on  passive  activities,  see  the  Instructions 
for Form 8582 and Pub. 925.                                             •    The student loan interest deduction,
                                                                        •    The deduction for one-half of self-employment tax,
                                                                        •    The exclusion from income of interest from series EE and 
                                                                        I U.S. savings bonds used to pay higher education expenses,

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• Any excluded amounts under an employer's adoption as-               2023. Accordingly, all lines related to qualified sick and family 
sistance program, and                                                 leave wages remain on the employment tax returns for 2023.
• The deduction allowed for foreign-derived intangible in-
come and global intangible low-taxed income.                          Line A
Recordkeeping                                                         If you made any payments in 2023 that would require you to 
You must keep records to support items reported on Schedule E         file any Forms 1099, check the “Yes” box. Otherwise, check 
in case the IRS has questions about them. If the IRS examines         the “No” box. In general, if you paid at least $600 for services 
your tax return, you may be asked to explain the items repor-         performed by someone who is not your employee (nonemploy-
ted. Good records will help you explain any item and arrive at        ee  compensation),  you  must  file  Form  1099-NEC;  and,  you 
the correct tax with a minimum of effort. If you do not have re-      generally must file Form 1099-MISC if you paid at least $600 
cords, you may have to spend time getting statements and re-          in  rents,  prizes,  medical  and  health  care  payments,  or  other 
ceipts from various sources. If you cannot produce the correct        miscellaneous amounts that would be income to the person re-
documents, you may have to pay additional tax and be subject          ceiving them. See the 2023 General Instructions for Certain In-
to penalties.                                                         formation Returns if you are unsure whether you were required 
                                                                      to file any Forms 1099. Also, see the separate instructions for 
                                                                      each Form 1099.

Specific Instructions                                                 Income or Loss From Rental Real 
Filers of Form 1041.  If you are a fiduciary filing Schedule E        Estate and Royalties
with Form 1041, enter the estate's or trust's employer identifi-      Use Part I to report the following.
cation  number  (EIN)  in  the  space  for  “Your  social  security   • Income  and  expenses  from  rental  real  estate  (including 
number.”                                                              personal property leased with real estate).
                                                                      • Royalty income and expenses.
                                                                      • For an estate or trust only, farm rental income and expen-
                                                                      ses based on crops or livestock produced by the tenant. Estates 
Part I
                                                                      and trusts do not use Form 4835 or Schedule F (Form 1040) 
        Before you begin, see Line 3 and Line 4, later, to de-        for this purpose.
!       termine  if  you  should  report  your  rental  real  estate  If you own a part interest in a rental real estate property, re-
CAUTION and royalty income on Schedule C or Form 4835, in-
                                                                      port only your part of the income and expenses on Schedule E.
stead of Schedule E.
                                                                      Complete lines 1a, 1b, and 2 for each rental real estate prop-
Qualified  paid  sick  leave  and  qualified  paid  family  leave     erty. For royalty property, enter code “6” on line 1b and leave 
payroll tax credit. Generally, the credit for qualified sick and      lines 1a and 2 blank for that property.
family leave wages, as enacted under the Families First Coro-
navirus Response Act (FFCRA) and amended and extended by              If  you  have  more  than  three  rental  real  estate  or  royalty 
the COVID-related Tax Relief Act of 2020, for leave taken af-         properties,  complete  and  attach  as  many  Schedules  E  as  you 
ter March 31, 2020, and before April 1, 2021, and the credit for      need to list them. But answer lines A and B and fill in lines 23a 
qualified  sick  and  family  leave  wages  under  sections  3131,    through 26 on only one Schedule E. The figures on lines 23a 
3132, and 3133 of the Internal Revenue Code, as enacted under         through 26 on that Schedule E should be the combined totals 
the  American  Rescue  Plan  Act  of  2021  (the  ARP)  for  leave    for all properties reported on your Schedules E. If you are also 
taken after March 31, 2021, and before October 1, 2021, have          using page 2 of Schedule E, use the same Schedule E on which 
expired. However, employers that pay qualified sick and family        you entered the combined totals for Part I.
leave wages in 2023 for leave taken after March 31, 2020, and         Personal property. Do not use Schedule E to report income 
before October 1, 2021, are eligible to claim a credit for quali-     and  expenses  from  the  rental  of  personal  property,  such  as 
fied  sick  and  family  leave  wages  in  the  quarter  of  2023  in equipment or vehicles. Instead, use Schedule C if you are in the 
which  the  qualified  wages  were  paid.  For  more  information,    business of renting personal property. You are in the business 
see  Form  941,  lines  11b,  11d,  13c,  and  13e;  and  Form  944,  of renting personal property if the primary purpose for renting 
lines 8b, 8d, 10d, and 10f. You must include the full amount          the  property  is  income  or  profit  and  you  are  involved  in  the 
(both the refundable and nonrefundable portions) of the credit        rental activity with continuity and regularity.
for qualified sick and family leave wages in gross income on          If your rental of personal property is not a business, see the 
line 3 or 4, as applicable, for the tax year that includes the last   instructions for Schedule 1 (Form 1040), lines 8l and 24b, to 
day of any calendar quarter with respect to which a credit is al-     find out how to report the income and expenses.
lowed.
                                                                      Extraterritorial income exclusion.     Except as otherwise pro-
Note. A credit is available only if the leave was taken after         vided in the Internal Revenue Code, gross income includes all 
March 31, 2020, and before October 1, 2021, and only after the        income from whatever source derived. Gross income, however, 
qualified  leave  wages  were  paid,  which  might,  under  certain   does not include extraterritorial income that is qualifying for-
circumstances,  not  occur  until  a  quarter  after  September  30,  eign trade income under certain circumstances. Use Form 8873 
2021,  including  qualifying  quarterly  payments  made  during       to  figure  the  extraterritorial  income  exclusion.  Report  it  on 
                                                                      Schedule E as explained in the Instructions for Form 8873.

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Chapter 11 bankruptcy cases. If you were a debtor in a chap-            •   Any days you used the unit as your main home before or 
ter 11 bankruptcy case, see Chapter 11 Bankruptcy Cases under           after renting it or offering it for rent, if you rented or tried to 
Income in the Instructions for Form 1040.                               rent it for at least 12 consecutive months (or for a period of less 
                                                                        than 12 consecutive months at the end of which you sold or ex-
          Income  you  report  on  Schedule  E  may  be  qualified      changed it).
TIP       business  income  and  entitle  you  to  a  deduction  on 
          Form  1040,  1040-SR,  or  1040-NR.  See  the  Instruc-       Whether  or  not  you  can  deduct  expenses  for  the  unit  de-
tions for Form 8995-A for more information about this deduc-            pends on whether or not you used the unit as a home in 2023. 
tion.                                                                   You used the unit as a home if your personal use of the unit 
                                                                        was more than the greater of:
                                                                        •   14 days, or
Line 1a                                                                     10% of the total days it was rented to others at a fair rent-
                                                                        •
For  rental  real  estate  property  only,  show  the  street  address, al price.
city or town, state, and ZIP code. If the property is located in a 
foreign country, enter the city, province or state, country, and        If you did not use the unit as a home, you can deduct all 
postal code.                                                            your expenses for the rental part, subject to the at-risk rules and 
                                                                        the passive activity loss rules explained earlier.
Line 1b
                                                                        If you did use the unit as a home and rented the unit out for 
Enter one of the codes listed under “Type of Property” in Part I        fewer than 15 days in 2023, do not report the rental income and 
of the form.                                                            do not deduct any rental expenses. If you itemize deductions on 
Land  rental. Enter  code  “5”  for  rental  of  land.  For  details    Schedule A, you can deduct allowable interest, taxes, and casu-
about the tax treatment of income from this type of rental prop-        alty losses.
erty, see Rental of Nondepreciable Property in Pub. 925.
                                                                        If you did use the unit as a home and rented the unit out for 
Self-rental. Enter code “7” for self-rental if you rent property        15  or  more  days  in  2023,  you  may  not  be  able  to  deduct  all 
to a trade or business in which you materially participated. See        your rental expenses. See Pub. 527 for more information.
Rental of Property to a Nonpassive Activity in Pub. 925 for de-
tails about the tax treatment of income from this type of rental                 Regardless  of  whether  you  used  the  unit  as  a  home, 
property.                                                               !        expenses related to days of personal use do not qualify 
                                                                        CAUTION  as  rental  expenses.  You  must  allocate  your  expenses 
Other. Enter code “8” if the property is not one of the other 
                                                                        based on the number of days of personal use to total use of the 
types listed on the form. Attach a statement to your return de-
                                                                        property. For example, you used your property for personal use 
scribing the property.
                                                                        for 7 days and rented it for 63 days. In most cases, 10% (7 ÷ 
                                                                        70) of your expenses are not rental expenses and cannot be de-
Line 2                                                                  ducted on Schedule E.
If you rented out a dwelling unit that you also used for personal 
purposes during the year, you may not be able to deduct all the         QJV. Check the box for “QJV” if you owned the property as a 
expenses  for  the  rental  part.  “Dwelling  unit”  (unit)  means  a   member of a QJV reporting income not subject to self-employ-
house, apartment, condominium, mobile home, boat, or similar            ment tax. See Qualified Joint Venture (QJV), earlier.
property.
                                                                        Line 3
   For  each  property  listed  on  line  1a,  report  the  number  of 
days in the year each property was rented at fair rental value          If you received rental income from real estate (including per-
and the number of days of personal use.                                 sonal  property  leased  with  real  estate),  report  the  income  on 
                                                                        line 3. Use a separate column (A, B, or C) for each rental prop-
   A day of personal use is any day, or part of a day, that the         erty. Include income received for renting a room or other space.
unit was used by:
   •  You for personal purposes;                                        Any other income should be included and reported on line 3, 
   •  Any  other  person  for  personal  purposes,  if  that  person    with a statement attached to your return.
owns  part  of  the  unit  (unless  rented  to  that  person  under  a  If  you  received  services  or  property  instead  of  money  as 
“shared equity” financing agreement);                                   rent, report the fair market value of the services or property as 
   •  Anyone in your family (or in the family of someone else           rental income on line 3.
who owns part of the unit), unless the unit is rented at a fair 
rental price to that person as his or her main home;                    Generally,  rental  real  estate  activity  is  reported  on  Sched-
   •  Anyone who pays less than a fair rental price for the unit;       ule E even if it is also a trade or business activity; however, if 
or                                                                      you  provided  significant  services  to  the  renter,  such  as  maid 
   •  Anyone under an agreement that lets you use some other            service, report the rental activity on Schedule C, not on Sched-
unit.                                                                   ule E. Significant services do not include the furnishing of heat 
                                                                        and light, cleaning of public areas, trash collection, or similar 
   Do not count as personal use:                                        services.
   •  Any day you spent working substantially full time repair-
ing and maintaining the unit, even if family members used it            If  you  were  a  real  estate  dealer,  include  only  the  rent  re-
for recreational purposes on that day; or                               ceived from real estate (including personal property leased with 

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this real estate) you held for the primary purpose of renting to        You  cannot  take  both  the  credit  and  the  deduction  for  the 
produce income. Do not use Schedule E to report income and              same expenditures.
expenses from rentals of real estate you held for sale to cus-
tomers in the ordinary course of your business as a real estate         Line 6
dealer. Instead, use Schedule C for those rentals.                      You can deduct ordinary and necessary auto and travel expen-
For more details on rental income, see Pub. 527.                        ses related to your rental activities, including 50% of meal ex-
                                                                        penses incurred while traveling away from home.
Rental  income  from  farm  production  or  crop  shares.      Re-
port farm rental income and expenses on Form 4835 if:                   In most cases, you can either deduct your actual expenses or 
• You are an individual,                                                take the standard mileage rate. You must use actual expenses if 
• You received rental income based on crops or livestock                you used more than four vehicles simultaneously in your rental 
produced by the tenant, and                                             activities (as in fleet operations). You cannot use actual expen-
• You did not materially participate in the management or               ses  for  a  leased  vehicle  if  you  previously  used  the  standard 
operation of the farm.                                                  mileage rate for that vehicle.

Line 4                                                                  You can use the standard mileage rate for 2023 only if you:
Report on line 4 royalties from oil, gas, or mineral properties         • Owned the vehicle and used the standard mileage rate for 
(not including operating interests); copyrights; and patents. Use       the first year you placed the vehicle in service; or
a separate column (A, B, or C) for each royalty property.               • Leased  the  vehicle  and  are  using  the  standard  mileage 
                                                                        rate for the entire lease period (except the period, if any, before 
If  you  received  $10  or  more  in  royalties  during  2023,  the     1998).
payer should send you a Form 1099-MISC or similar statement 
by February 15, 2024, showing the amount you received. Re-              If you take the standard mileage rate, multiply the number 
port this amount on line 4.                                             of miles driven in connection with your rental activities by 65.5 
                                                                        cents  a  mile.  Include  this  amount  and  your  parking  fees  and 
If you are in business as a self-employed writer, inventor, ar-         tolls on line 6.
tist, etc., report your royalty income and expenses on Sched-
ule C, not on Schedule E.                                                        You cannot deduct rental or lease payments, deprecia-
                                                                                 tion,  or  your  actual  auto  expenses  if  you  use  the 
You may be able to treat amounts received as “royalties” for            CAUTION! standard mileage rate.
the transfer of a patent or amounts received on the disposal of 
coal and iron ore as the sale of a capital asset. For details, see      If you deduct actual auto expenses:
Pub. 544.                                                                 Include on line 6 the rental activity portion of the cost of 
                                                                        •
Enter on line 4 the gross amount of royalty income, even if             gasoline, oil, repairs, insurance, tires, license plates, etc.; and
state or local taxes were withheld from oil or gas payments you         • Show auto rental or lease payments on line 19 and depre-
received. Include taxes withheld by the producer on line 16.            ciation on line 18.

                                                                        If you claim any auto expenses (actual or the standard mile-
General Instructions for Lines 5 Through 21                             age rate), you must complete Part V of Form 4562 and attach 
Enter your rental and royalty expenses for each property in the         Form 4562 to your tax return.
appropriate column. You can deduct all ordinary and necessary 
expenses,  such  as  taxes,  interest,  repairs,  insurance,  manage-   See Pub. 527 and Pub. 463 for details.
ment fees, agents' commissions, and depreciation.
                                                                        Line 10
Do not deduct the value of your own labor or amounts paid 
for capital investments or capital improvements.                        Include on line 10 fees for tax advice and the preparation of tax 
                                                                        forms related to your rental real estate or royalty properties.
Enter your total expenses for mortgage interest (line 12), de-
preciation expenses and depletion (line 18), and total expenses         Do not deduct legal fees paid or incurred to defend or pro-
(line  20)  on  lines  23c  through  23e,  respectively,  even  if  you tect title to property, to recover property, or to develop or im-
have only one property.                                                 prove property. Instead, you must capitalize these fees and add 
                                                                        them to the property's basis.
Renting out part of your home.   If you rent out only part of 
your home or other property, deduct the part of your expenses 
that applies to the rented part.                                        Lines 12 and 13
Credit  or  deduction  for  access  expenditures.  You  may  be         In  most  cases,  to  determine  the  interest  expense  allocable  to 
able to claim a tax credit for eligible expenditures paid or in-        your rental activities, you must have records to show how the 
curred in 2023 to provide access to your business for individu-         proceeds of each debt were used. Specific tracing rules apply 
als with disabilities. See Form 8826 for details.                       for allocating debt proceeds and repayment. In general, you al-
                                                                        locate  interest  on  a  loan  the  same  way  you  allocate  the  loan 
You can also elect to deduct up to $15,000 of qualified costs           proceeds. You allocate loan proceeds by tracing disbursements 
paid or incurred in 2023 to remove architectural or transporta-         to specific uses.
tion barriers to individuals with disabilities and the elderly.

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      The  easiest  way  to  trace  disbursements  to  specific          ples  of  improvements  are  adding  substantial  insulation  or  re-
TIP   uses is to keep the proceeds of a particular loan sepa-            placing an entire HVAC system. Amounts paid to improve your 
      rate from any other funds.                                         property must generally be capitalized and depreciated (that is, 
                                                                         they cannot be deducted in full in the year they are paid or in-
Limitation on business interest.    Interest you paid as part of         curred). See Line 18, later.
your rental real estate activity is not subject to the limitation on 
business interest unless your rental real estate activity is a trade 
                                                                         Line 16
or business. If your rental real estate activity is a trade or busi-
ness, you must file Form 8990 to deduct any interest expenses                     Do not reduce your deduction for social security and 
of that rental real estate activity unless you meet one of the fil-      !        Medicare taxes by the nonrefundable and refundable 
ing exceptions in the Instructions for Form 8990.                        CAUTION  portions of the FFCRA and ARP credits for qualified 
If  the  interest  you  paid  in  your  rental  real  estate  trade  or  sick and family leave wages claimed on an employment tax re-
business  is  limited,  figure  the  limit  on  your  business  interest turn. Instead, report the credits as income on line 3 or 4, as ap-
expenses  on  Form  8990  before  completing  lines  12  and  13.        plicable.
Follow the instructions under  How to report, later, but report 
the reduced interest on lines 12 and 13. The interest you can't          Line 17
deduct this year will carry forward to next year on Form 8990.
                                                                         You can deduct the cost of ordinary and necessary telephone 
If your real estate activity is not a trade or business or you           calls related to your rental activities or royalty income (for ex-
meet one of the filing exceptions for Form 8990, follow the in-          ample, calls to the renter). However, the base rate (including 
structions under How to report, later, and report all of your de-        taxes and other charges) for local telephone service for the first 
ductible interest on lines 12 and 13.                                    telephone line into your residence is a personal expense and is 
How to report.   If you have a mortgage on your rental proper-           not deductible.
ty, enter on line 12 the amount of interest you paid for 2023 to 
banks or other financial institutions.                                   Line 18
Do not deduct prepaid interest when you paid it. You can                 Depreciation is the annual deduction you must take to recover 
deduct  it  only  in  the  year  to  which  it  is  properly  allocable. the cost or other basis of business or investment property hav-
Points, including loan origination fees, charged only for the use        ing a useful life substantially beyond the tax year. Land is not 
of money must be deducted over the life of the loan.                     depreciable.
If you paid $600 or more in interest on a mortgage during 
                                                                         Depreciation starts when the property is available and ready 
2023,  the  recipient  should  send  you  a  Form  1098  or  similar 
                                                                         for  use  in  your  business  or  for  the  production  of  income.  It 
statement  by  January  31,  2024,  showing  the  total  interest  re-
                                                                         ends when you deduct all your depreciable cost or other basis 
ceived from you.
                                                                         or no longer use the property in your business or for the pro-
If you paid more mortgage interest than is shown on your                 duction of income.
Form 1098 or similar statement, see Pub. 334 regarding deduc-
tion limits to find out if you can deduct part or all of the addi-       See the Instructions for Form 4562 to figure the amount of 
tional interest. If you can, enter the entire deductible amount on       depreciation to enter on line 18.
line 12. Attach a statement to your return explaining the differ-
                                                                         You must complete and attach Form 4562 only if you are 
ence. In the space to the left of line 12, enter “See attached.”
                                                                         claiming:
Note. If the recipient was not a financial institution or you did        •    Depreciation  on  property  first  placed  in  service  during 
not receive a Form 1098 from the recipient, report your deduc-           2023;
tible mortgage interest on line 13.                                      •    Depreciation  on  listed  property  (defined  in  the  Instruc-
                                                                         tions for Form 4562), including a vehicle, regardless of the date 
If you and at least one other person (other than your spouse             it was placed in service; or
if you file a joint return) were liable for and paid interest on the          A section 179 expense deduction or amortization of costs 
                                                                         •
mortgage,  and  the  other  person  received  Form  1098,  report        that began in 2023.
your share of the deductible interest on line 13. Attach a state-
ment to your return showing the name and address of the per-             See Pub. 527 for more information on depreciation of resi-
son  who  received  Form  1098.  On  the  dotted  line  next  to         dential rental property. See Pub. 946 for a more comprehensive 
line 13, enter “See attached.”                                           guide to depreciation.
                                                                         If you have an economic interest in mineral property, you 
Line 14                                                                  may be able to take a deduction for depletion. Mineral property 
You can deduct the amounts paid for repairs and maintenance.             includes  oil  and  gas  wells,  mines,  and  other  natural  deposits 
However, you cannot deduct the cost of improvements. Repairs             (including geothermal deposits). See section 614 and the rela-
and maintenance costs are those costs that keep the property in          ted regulations for rules on how to treat separate mineral inter-
an ordinarily efficient operating condition. Examples are fixing         ests.
a broken lock or painting a room.                                        Separating cost of land and buildings. If you buy buildings 
In contrast, improvements are amounts paid to better or re-              and your cost includes the cost of the land on which they stand, 
store your property or adapt it to a new or different use. Exam-         you must divide the cost between the land and the buildings to 

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figure the basis for depreciation of the buildings. The part of       from  these  entities  for  the  alternative  minimum  tax  on  Form 
the cost that you allocate to each asset is the ratio of the fair     6251 or Schedule I (Form 1041).
market value of that asset to the fair market value of the whole 
property at the time you buy it.
If you are not certain of the fair market values of the land          Part II
and the buildings, you can divide the cost between them based 
on their assessed values for real estate tax purposes.                Income or Loss From Partnerships and S 
                                                                      Corporations
Line 19
                                                                      If  you  are  a  member  of  a  partnership  or  joint  venture  or  a 
Enter on line 19 any ordinary and necessary expenses not listed       shareholder in an S corporation, use Part II to report your share 
on lines 5 through 18.                                                of  the  partnership  or  S  corporation  income  (even  if  not  re-
You may be able to deduct, on line 19, part or all of the cost        ceived) or loss.
of  energy  efficient  commercial  building  property  and  energy           If you elected to be taxed as a QJV instead of a part-
efficient building retrofit property placed in service during the     !      nership, follow the reporting rules under QJV, earlier.
tax year. For details, see section 179D, Form 7205 and its sepa-      CAUTION
rate instructions, and Rev. Proc. 2022-14, 2022-7 I.R.B. 580, 
available at Rev. Proc. 2022-14.                                      You should receive a Schedule K-1 from the partnership or 
                                                                      S corporation. You should also receive a copy of the Partner's 
                                                                      or Shareholder's Instructions for Schedule K-1. Your copy of 
Line 21
                                                                      Schedule K-1 and its instructions will tell you where on your 
If you have amounts for which you are not at risk, use Form           return to report your share of the items. If you did not receive 
6198  to  determine  the  amount  of  your  deductible  loss.  Enter  these instructions with your Schedule K-1, see your tax return 
that amount in the appropriate column of Schedule E, line 21.         instructions for how to get tax forms, instructions, and publica-
In the space to the left of line 21, enter “Form 6198.” Attach        tions. Do not attach Schedules K-1 to your return. Keep them 
Form 6198 to your return. For details on the at-risk rules, see       for your records.
At-Risk Rules, earlier.
                                                                      If you are treating items on your tax return differently from 
Line 22                                                               the way the partnership or S corporation reported them on its 
                                                                      return, you may have to file Form 8082.
Do not complete line 22 if the amount on line 21 is from royal-
ty properties.
                                                                      Special Rules That Limit Losses
If you have a rental real estate loss from a passive activity         If you report a loss from a partnership or S corporation, your 
(defined  earlier),  the  amount  of  loss  you  can  deduct  may  be loss may be reduced or not allowed this year. Apply the basis 
limited  by  the  passive  activity  loss  rules.  You  may  need  to rules, at-risk rules, and passive activity loss rules to your loss 
complete Form 8582 to figure the amount of loss, if any, to en-       on Schedule E.
ter on line 22. See the Instructions for Form 8582 to determine 
                                                                      If your loss is also subject to the excess business loss rules, 
if your loss is limited.
                                                                      you figure that limitation separately on Form 461. Any reduc-
If your rental real estate loss is not from a passive activity or     tion to your loss due to the excess business loss rules will not 
you meet the  exception for certain rental real estate activities     be reflected on your Schedule E. See the Instructions for Form 
(explained  earlier),  you  do  not  have  to  complete  Form  8582.  461 for more information.
Enter the (loss) from line 21 on line 22.                             Basis rules for partnerships.  Generally, you may not claim 
If you have an unallowed rental real estate loss from a prior         your share of a partnership loss (including a capital loss) to the 
year that after completing Form 8582 you can include this year,       extent that it is greater than the adjusted basis of your partner-
include that loss on line 22.                                         ship interest at the end of the partnership's tax year. Any losses 
                                                                      and deductions not allowed this year because of the basis limit 
                                                                      can be carried forward indefinitely and deducted in a later year 
                                                                      subject to the basis limit for that year. To figure the basis of 
Parts II and III                                                      your interest in a partnership, you can use the Worksheet for 
                                                                      Adjusting the Basis of a Partner's Interest in the Partnership in 
If you need more space in Part II or III to list your income or 
                                                                      the  Partner's  Instructions  for  Schedule  K-1  (Form  1065).  For 
losses,  attach  a  continuation  sheet  using  the  same  format  as 
                                                                      more details on the basis rules for partnerships, see Pub. 541.
shown in Part II or III. However, be sure to complete the “To-
tals” columns for lines 29a and 29b, or lines 34a and 34b, as         If you had a loss from a partnership that was not allowed 
appropriate.  If  you  also  completed  Part  I  on  more  than  one  last year because of the basis rules, but all or part is allowed 
Schedule E, use the same Schedule E on which you entered the          this year, see Line 27, later, for how to report it.
combined totals in Part I.                                            After applying the basis rules, the loss you report on Sched-
Tax preference items.   If you are a partner, a shareholder in an     ule E may be further reduced by the at-risk rules and passive 
S corporation, or a beneficiary of an estate or trust, you must       activity loss rules.
take  into  account  your  share  of  preferences  and  adjustments 

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Basis rules for S corporations.  Generally, the deduction for          If you had a loss from the partnership or S corporation that 
your  share  of  aggregate  losses  and  deductions  reported  on      was not allowed last year because of the passive activity loss 
Schedule  K-1  (Form  1120-S)  is  limited  to  the  basis  of  your   rules, but all or part is allowed this year, see  Line 27, later, for 
stock (determined with regard to distributions received during         how to report it.
the tax year) and loans from you to the corporation. The basis         Excess business loss rules. If you report a loss on Schedule E 
of your stock is generally figured at the end of the corporation's     from a partnership or S corporation engaged in a trade or busi-
tax year. Any losses and deductions not allowed this year be-          ness, use Form 461 to figure your excess business loss. Your 
cause of the basis limit can be carried forward indefinitely and       excess business loss will not be reflected on your Schedule E; 
deducted in a later year subject to the basis limit for that year.     instead, it will be added to your income on Form 1040 and car-
To figure your aggregated stock basis, you can generally use           ried forward to a subsequent year as a net operating loss. For 
Form 7203. For more details on the basis rules for S corpora-          more information, see the Instructions for Form 461.
tions, see the Instructions for Form 7203.
If you are claiming a deduction for your share of an aggre-            Domestic Partnerships
gate loss (or you receive a distribution, dispose of stock, or re-     See the Schedule K-1 instructions before entering on your re-
ceive a loan repayment from an S corporation), check the box           turn other partnership items from a passive activity or income 
on the appropriate line in Part III, column (e), and attach Form       or loss from any publicly traded partnership.
7203 to your return.
                                                                       You  can  deduct  unreimbursed  ordinary  and  necessary  ex-
If you had a loss from an S corporation that was not allowed           penses  you  paid  on  behalf  of  the  partnership  if  you  were  re-
last year because of the basis rules, but all or part is allowed       quired to pay these expenses under the partnership agreement. 
this year, see Line 27, later, for how to report it.                   See Line 27, later, for how to report these expenses.
After applying the basis rules, the loss you report on Sched-          If you used loan proceeds to buy an interest in, or make a 
ule E may be further reduced by the at-risk rules and passive          contribution to the capital of, a partnership (debt-financed ac-
activity loss rules.                                                   quisition), report your share of deductible partnership interest 
At-risk rules.  If you have (a) a loss or other deduction from         expense on either Schedule A or Schedule E, depending on the 
any activity carried on as a trade or business or for the produc-      type of asset (or expenditure if the allocation is based on the 
tion  of  income  by  the  partnership  or  S  corporation,  and  (b)  tracing of loan proceeds) to which the interest expense is allo-
amounts in the activity for which you are not at risk, your loss       cated. See Line 28, later, for more information about reporting 
may be limited. For more information, see At-Risk Rules, earli-        these interest expenses.
er.                                                                    If you claimed a credit for federal tax on gasoline or other 
If you are subject to the at-risk rules for any activity, check        fuels on your 2022 Form 1040, 1040-SR, or 1040-NR based on 
the box on the appropriate line in Part II, column (f), of Sched-      information received from the partnership, enter as income in 
ule E, and use Form 6198 to figure the amount of any deducti-          column (h) or column (k), whichever applies, the amount of the 
ble loss. If the activity is nonpassive, enter any deductible loss     credit claimed for 2022.
from Form 6198 on the appropriate line in Part II, column (i),         Part or all of your share of partnership income or loss from 
of Schedule E.                                                         the operation of the business may be considered net earnings 
If you had a loss from the partnership or S corporation that           from self-employment that must be reported on Schedule SE. 
was not allowed last year because of the at-risk rules, but all or     Enter  the  amount  from  Schedule  K-1  (Form  1065),  box  14, 
part is allowed this year, see Line 27, later, for how to report it.   code A, on Schedule SE after you reduce this amount by any 
After  applying  the  at-risk  rules,  the  loss  you  report  on      allowable expenses attributable to that income.
Schedule E may be further reduced by the passive activity loss 
rules.                                                                 Foreign Partnerships
Passive activity loss rules.   For more information about pas-         Follow  the  instructions  below  in  addition  to  the  instructions 
sive activity losses, see Passive Activity Loss Rules, earlier.        earlier under Domestic Partnerships.
If you have a passive activity loss, in most cases you need to         If  you  are  a  U.S.  person,  you  may  have  received  Forms 
complete Form 8582 to figure the amount of the loss to enter in        1099-B, 1099-DIV, and 1099-INT reporting your share of cer-
Part II, column (g), for that activity. But if you are a general       tain partnership income, because payors of income to the for-
partner or an S corporation shareholder reporting your share of        eign partnership in most cases are required to allocate and re-
a partnership or an S corporation loss from a rental real estate       port payments of that income directly to each of the partners of 
activity and you meet all of the conditions listed earlier under       the foreign partnership. If you received both Schedule K-1 and 
Exception for Certain Rental Real Estate Activities, you do not        Form 1099 for the same type and source of partnership income, 
have to complete Form 8582. Instead, enter your (loss) in Part         report only the income shown on Schedule K-1 in accordance 
II, column (g).                                                        with its instructions.
If you have passive activity income, complete Part II, col-            If you are not a U.S. person, you may have received Forms 
umn  (h),  for  that  activity.  If  you  have  nonpassive  income  or 1042-S reporting your share of certain partnership income, be-
losses, complete Part II, columns (i) through (k), as appropri-        cause payors of income to the foreign partnership in most cases 
ate.                                                                   are required to allocate and report payments of that income di-
                                                                       rectly to each of the partners of the foreign partnership. If you 

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received  both  Schedule  K-1  and  Form  1042-S  for  the  same 
type  and  source  of  partnership  income,  report  the  income  on    Line 27
your return as follows.                                                 If you answered “Yes” on line 27, follow the instructions be-
•     For all income effectively connected with the conduct of          low. If you do not follow these instructions, the IRS may send 
a trade or business in the United States, report only the income        you a notice of additional tax due because the amounts reported 
shown on Schedule K-1 in accordance with its instructions.              by  the  partnership  or  S  corporation  on  Schedule  K-1  do  not 
•     For all income not effectively connected with the conduct         match the amounts you reported on your tax return.
of  a  trade  or  business  in  the  United  States,  report  on  Sched-
ule  NEC  (Form  1040-NR)  only  the  income  shown  on  Form           Losses Not Allowed in Prior Years Due to the Basis 
1042-S (if you are required to file Form 1040-NR).                      or At-Risk Rules
Requirement to file Form 8865. If you are a U.S. person, you              Enter your total prior year unallowed losses that are now 
                                                                        •
may have to file Form 8865 if any of the following applies.             deductible on a separate line in column (i) of line 28 . Do not 
1. You controlled a foreign partnership (that is, you owned             combine  these  losses  with,  or  net  them  against,  any  current 
more than a 50% direct or indirect interest in the partnership).        year amounts from the partnership or S corporation.
2. You owned at least a 10% direct or indirect interest in a            • Enter “PYA” in column (a) of the same line.
foreign partnership while U.S. persons controlled that partner-
ship.                                                                   Prior Year Unallowed Losses From a Passive Activity 
3. You had an acquisition, disposition, or change in propor-            Not Reported on Form 8582
tional interest of a foreign partnership that:                          • Enter on a separate line in column (g) of line 28 your to-
a. Increased your direct interest to at least 10% or reduced            tal  prior  year  unallowed  losses  not  reported  on  Form  8582. 
your direct interest of at least 10% to less than 10%, or               Such losses include prior year unallowed losses now deductible 
                                                                        because you did not have an overall loss from all passive activ-
b. Changed your direct interest by at least a 10% interest.
                                                                        ities or you disposed of your entire interest in a passive activity 
4. You contributed property to a foreign partnership in ex-             in  a  fully  taxable  transaction.  Do  not  combine  these  losses 
change for a partnership interest if:                                   with, or net them against, any current year amounts from the 
a. Immediately after the contribution, you owned, directly              partnership or S corporation.
or indirectly, at least a 10% interest in the partnership; or           • Enter “PYA” in column (a) of the same line.
b. The value of the property you contributed, when added 
to  the  value  of  any  other  property  you  or  any  related  person Unreimbursed Partnership Expenses
contributed to the partnership during the 12-month period end-          You can deduct unreimbursed ordinary and necessary partner-
ing on the date of transfer, exceeds $100,000.                          ship expenses you paid on behalf of the partnership on Sched-
Also,  you  may  have  to  file  Form  8865  if  you  contributed       ule E if you were required to pay these expenses under the part-
property with built-in gain to a foreign partnership (or certain        nership agreement. You can only deduct unreimbursed expen-
domestic  partnerships)  or  to  report  certain  dispositions  by  a   ses  on  Schedule  E  that  are  trade  or  business  expenses  under 
foreign  partnership  of  property  you  previously  contributed  to    section  162.  Don't  report  unreimbursed  partnership  expenses 
that partnership if you were a partner at the time of the disposi-      separately if the expenses are from a passive activity and you 
tion.                                                                   are required to file Form 8582; otherwise, do the following.
For more details, including penalties for failing to file Form          • Enter  unreimbursed  partnership  expenses  from  nonpas-
                                                                        sive activities on a separate line in column (i) of line 28. Do not 
8865, see Form 8865 and its separate instructions.
                                                                        combine  these  expenses  with,  or  net  them  against,  any  other 
                                                                        amounts from the partnership.
S Corporations                                                            If the expenses are from a passive activity and you are not 
                                                                        •
Distributions of prior year accumulated earnings and profits of         required to file Form 8582, enter the expenses related to a pas-
S corporations are dividends and are reported on Form 1040 or           sive activity on a separate line in column (g) of line 28. Do not 
1040-SR, line 3b.                                                       combine  these  expenses  with,  or  net  them  against,  any  other 
If you used loan proceeds to buy an interest in, or make a              amounts from the partnership.
contribution to the capital of, an S corporation (debt-financed         • Enter “UPE” in column (a) of the same line.
acquisition), report your share of deductible S corporation in-
terest expense on either Schedule A or Schedule E, depending            Line 28
on the type of asset (or expenditure if the allocation is based on      For nonpassive income or loss and passive income or losses for 
the tracing of loan proceeds) to which the interest expense is          which you are not filing Form 8582, enter in the applicable col-
allocated. See Line 28, later, for more information about report-       umn of line 28 your current year ordinary income or loss (after 
ing these interest expenses.                                            applying any special rules that limit losses) from the partner-
Your share of the net income of an S corporation is not sub-            ship or S corporation. Report each related item required to be 
ject to self-employment tax.                                            reported on Schedule E (including items of income or loss sta-
                                                                        ted separately on Schedule K-1) in the applicable column of a 
                                                                        separate line following the line on which you reported the cur-
                                                                        rent year ordinary income or loss. Also, enter a description of 

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the related item (for example, depletion) in column (a) of the          line 37. Do not include this amount in the total on line 37. In-
same line.                                                              stead, enter the amount on Form 1040, 1040-SR, or 1040-NR, 
                                                                        line 26.
If you are required to file Form 8582, see the Instructions 
for Form 8582 before completing Schedule E.                             A  U.S.  person  who  transferred  property  to  a  foreign  trust 
Debt-financed acquisition.  A debt-financed acquisition is the          may have to report the income received by the trust as a result 
use of loan proceeds to buy an interest in, or to make a contri-        of the transferred property if, during 2023, the trust had a U.S. 
bution  to  the  capital  of,  a  partnership  or  S  corporation.  You beneficiary. See section 679. An individual who received a dis-
must allocate the loan proceeds and the related interest expense        tribution from, or who was the grantor of, or transferor to, a 
among all the assets of the entity. You can use any reasonable          foreign trust must also complete Part III of Schedule B (Form 
method.                                                                 1040) and may have to file Form 3520. In addition, the owner 
                                                                        of a foreign trust must ensure that the trust files an annual in-
For interest allocated to trade or business assets (or expendi-         formation return on Form 3520-A.
tures), report the interest on a separate line of your Schedule E, 
Part II. Enter "business interest" and the name of the partner-
ship or S corporation in column (a) and the amount in column 
(i).                                                                    Part IV
For interest allocated to passive activity use, enter the inter-
                                                                        Income or Loss From Real Estate Mortgage 
est on Form 8582 as a deduction from the passive activity of 
the partnership or S corporation. Show any deductible amount            Investment Conduits (REMICs)
on a separate line on your Schedule E, Part II. Enter "passive          If you are the holder of a residual interest in a REMIC, use Part 
interest"  and  the  name  of  the  entity  in  column  (a)  and  the   IV to report your total share of the REMIC's taxable income or 
amount in column (g).                                                   loss for each quarter included in your tax year. You should re-
For interest allocated to investment use, enter the interest on         ceive Schedule Q (Form 1066) and instructions from the RE-
Form 4952. Carry any deductible amount allocated to royalties           MIC for each quarter. Do not attach Schedule(s) Q to your re-
to a separate line of your Schedule E, Part II. Enter "investment       turn. Keep it for your records.
interest"  and  the  name  of  the  entity  in  column  (a)  and  the   If you are treating REMIC items on your tax return differ-
amount  in  column  (i).  Carry  the  balance  of  the  deductible      ently from the way the REMIC reported them on its return, you 
amount to Schedule A, line 9.                                           may have to file Form 8082.
Any interest allocated to proceeds used for personal purpo-
ses is generally not deductible.                                        If you are the holder of a residual interest in more than one 
                                                                        REMIC, attach a continuation sheet using the same format as 
For more information on allocating and reporting these in-              in Part IV. Enter the combined totals of columns (d) and (e) on 
terest  expenses,  see  Notice  88-37  in  Cumulative  Bulletin         Schedule E, line 39. If you also completed Part I on more than 
1988-1. Also, see Notice 89-35 in Cumulative Bulletin 1989-1.           one Schedule E, use the same Schedule E on which you entered 
Owners  of  S  corporation  stock  and  debt. If  you  report  a        the combined totals in Part I.
loss, receive a distribution, dispose of stock, or receive a loan 
repayment from an S corporation, you must check the box in              REMIC income or loss is not income or loss from a passive 
column (e) on line 28 and attach the required basis computa-            activity.

tion. For more information, see  Basis rules for S corporations,        Note.   If you are the holder of a regular interest in a REMIC, 
earlier.                                                                do not use Schedule E to report the income you received. In-
                                                                        stead, report it on Form 1040 or 1040-SR, line 2b.
                                                                        Column (c). Report the total of the amounts shown on Sched-
Part III                                                                ule(s) Q, line 2c. This is the smallest amount you are allowed 
                                                                        to  report  as  your  taxable  income  (Form  1040,  1040-SR,  or 
Income or Loss From Estates and Trusts                                  1040-NR, line 15). It is also the smallest amount you are al-
If you are a beneficiary of an estate or trust, use Part III to re-     lowed  to  report  as  your  alternative  minimum  taxable  income 
port your part of the income (even if not received) or loss. You        (AMTI) on Form 6251, line 4.
should receive a Schedule K-1 (Form 1041) from the fiduciary.           If the amount in column (c) is larger than your taxable in-
Your  copy  of  Schedule  K-1  and  its  instructions  will  tell  you  come would otherwise be, enter the amount from column (c) 
where on your return to report the items from Schedule K-1.             on Form 1040, 1040-SR, or 1040-NR, line 15. Similarly, if the 
Do not attach Schedule K-1 to your return. Keep it for your re-         amount in column (c) is larger than your AMTI would other-
cords.                                                                  wise  be,  enter  the  amount  from  column  (c)  on  Form  6251, 
If you are treating items on your tax return differently from           line  4.  Enter  “Sch  Q”  on  the  dotted  line  to  the  left  of  this 
the way the estate or trust reported them on its return, you may        amount  on  Form  1040,  1040-SR,  or  1040-NR,  line  15;  and 
have to file Form 8082.                                                 Form 6251, line 4, if applicable.

If  you  have  estimated  taxes  credited  to  you  from  a  trust      Note.   These rules also apply to estates and trusts that hold a 
(Schedule K-1 (Form 1041), box 13, code A), enter “ES pay-              residual interest in a REMIC. Be sure to make the appropriate 
ment  claimed”  and  the  amount  on  the  dotted  line  next  to       entries on the comparable lines on Form 1041.

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         Do not include the amount shown in column (c) in the      less the form displays a valid OMB control number. Books or 
!        total on Schedule E, line 39.                             records relating to a form or its instructions must be retained as 
CAUTION                                                            long as their contents may become material in the administra-
Column  (e). Report  the  amount(s)  shown  on  Schedule(s)  Q,    tion of any Internal Revenue law. Generally, tax returns and re-
line 3b.                                                           turn information are confidential, as required by section 6103.
                                                                   The time needed to complete and file this form will vary de-
                                                                   pending on individual circumstances. The estimated burden for 
                                                                   individual  taxpayers  filing  this  form  is  included  in  the  esti-
Part V Summary                                                     mates shown in the instructions for their individual income tax 
Line 42                                                            return. The estimated burden for all other taxpayers who file 
                                                                   this form is approved under OMB control number 1545-1972 
Special estimated tax rules may apply if you have gross farm-      and is shown next.
ing or fishing income. You will not be charged a penalty for 
underpayment of estimated tax if:                                                 . . . . . . . . . . . . . . . . . . . . .   3 hr., 39 min.
                                                                   Recordkeeping
1. Your gross farming or fishing income for 2022 or 2023           Learning about the law or the form. . . . . . . . .        2 hr., 16 min.
is at least two-thirds of your gross income; and                   Preparing the form . . . . . . . . . . . . . . . . . .     3 hr., 25 min.
2. You  file  your  2023  tax  return  and  pay  the  tax  due  by Copying, assembling, and sending the form to 
March 1, 2024.                                                     the IRS. . . . . . . . . . . . . . . . . . . . . . . . . . 34 min.

For details, see chapter 15 of Pub. 225.
Paperwork  Reduction  Act  Notice.     We  ask  for  the  informa- If you have comments concerning the accuracy of these time 
tion on this form to carry out the Internal Revenue laws of the    estimates  or  suggestions  for  making  this  form  simpler,  we 
United States. You are required to give us the information. We     would be happy to hear from you. See the instructions for the 
need it to ensure that you are complying with these laws and to    tax return with which this form is filed.
allow us to figure and collect the right amount of tax.
You  are  not  required  to  provide  the  information  requested 
on a form that is subject to the Paperwork Reduction Act un-

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