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Level 3
June 29, 2023
Solved

How to make oil and gas royalties show up as passive income?

  • June 29, 2023
  • 2 replies
  • 22 views

I am working on a trust return (1041), and I entered oil and gas royalties from a 1099 on schedule E.  I chose property type 6 in box 1b and included the royalty income on line 4, yet Proseries Professional is showing it as nonpassive income and including it on line 5 of the K1 when it should be line 6.  Any ideas how to get Proseries to report it as passive income? 

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Best answer by sjrcpa

There is no participation in the income generation.  The trust receives periodic checks from oil & gas companies for royalties.  


Look at IRC Section 469(e)(1)(A)(i)

2 replies

ljr
Level 9
June 29, 2023

Did you look to make sure you didn't check off a box on schedule E that says active participation?

SuzB92Author
Level 3
June 29, 2023

The material participation and active participation checkboxes are all blank.

Just-Lisa-Now-
Intuit Community Champion
June 29, 2023

Wouldn't you want it on the K-1 Line 5 as Portfolio and Non Business income rather than Line 6 as Ordinary Business Income?

♪♫•*¨*•.¸¸♥Lisa♥¸¸.•*¨*•♫♪
sjrcpa
Level 15
June 29, 2023

What makes you think it should be passive?

The more I know the more I don’t know.
SuzB92Author
Level 3
June 29, 2023

There is no participation in the income generation.  The trust receives periodic checks from oil & gas companies for royalties.