SUMMARY EXPLANATION OF 2014 SCHEDULE K-1

Transcription

1 SUMMRY EXPLNTION OF 2014 SHEDULE K-1 IMPORTNT NOTIE PLESE RED THESE INSTRUTIONS S THE IRS USES ODES ON LINE ITEMS TO IDENTIFY INOME, LOSSES, ND DEDUTIONS S REPORTED ON THE SHEDULE K-1. This summary is provided by tlas Resources, LL, Viking Resources, LL and Resource Energy, LL to you as a general explanation of the tax treatment of the items set forth on Schedule K-1 for your Partnership. This information is not intended to be, nor should it be, construed as tax advice with regard to the preparation of your individual income tax return. The partnership and individual income tax laws are complex and may be subject to varying interpretations. You are urged to consult with your tax advisor concerning the proper reporting on your individual income tax return of the Partnership tax items set forth on Schedule K-1. Key Information Schedule K-1 Form 1040 Key Information Schedule K-1 Form 1040 Ordinary usiness Income/(Loss) Line 1 Schedule E Part II lternative minimum tax items: Interest Income Line 5 Schedule Line 1 Post-1986 depreciation adjustment Line 17 Form 6251 Line 18 Net Section 1231 Gain/(Loss) Line 10 Form 4797 Oil, gas, & geothermal gross income Line 17 D See your tax advisor Intangible Drilling osts Line 13 J Schedule E Part II or 4562 Line 42 Oil, gas, & geothermal deductions Line 17 E See your tax advisor Self-Employment Net Earnings (Loss) Gross Non-Farm Income Line 14 Line 14 Schedule SE Section or Line 2 Schedule SE Section Part II ash Distributions Other Information: Investment Income Line 19 Line 20 See your tax advisor Form 4952 Line 4a Percentage Depletion Line 20 T Schedule E Part II State Reporting Information Line 20 Z Schedule - Line 5 Important Reporting Suggestions: If you invested in the tlas Resources Series L.P., then 2014 is the first year of this partnership. If on the Schedule K-1 you are designated as a general partner of this 2014 Partnership, be sure to treat your share of income and deductions as derived from a non-passive activity on Schedule E Part II to Federal Form IR Section 469(c)(3)(). If you invested prior to 2014 in a partnership as an investor general partner and you are now designated on Schedule K-1 as a limited partner, treat your share of income and deductions resulting in net income as derived from a non-passive activity also on Schedule E Part II to Federal Form IR Section 469(c)(3)(). If you were self-employed and invested in tlas Resources Series L.P. as an investor general partner, the ID deduction which is netted with your ordinary income (Line 14) should be reported on Schedule SE to the Federal Form 1040 as a loss. IR Section common reporting error is treating the full amount of the intangible drilling cost (ID) deduction (Line 13J above) as a tax preference item for purposes of the alternative minimum tax. The ID deduction should not be a tax preference item if it does not exceed 40 percent of alternative minimum taxable income. IR Section 57(a)(2)(E). If you elect to amortize your ID costs over 60 months please be sure to appropriately adjust the amount on Line 14 by your ID deduction from Line 13J. If you are using a commercial tax software package, please respond to certain questions as follows: 1) The investment is at risk, 2) the partnership is NOT a publically traded partnership, and 3) as a general partner you materially participate.

2 Line 1-Ordinary usiness Income (Loss) Original Investor General Partners: This is your share of the Partnership s income or loss from its ordinary business activities including depreciation, if any, and exclusive of separately stated items from Schedule K-1 line 13J and 20T. If this is the initial year of the Partnership and you are designated as a general partner on Schedule K-1, report this amount on Form 1040 s Schedule E, Supplemental Income and Loss, Part II, Non-passive Income and Loss, column (h) if a loss, or column (j) if Line 1 reports income. See information below for reporting of Line 13J and 20T items. Original Limited Partners: If you were admitted to the Partnership as a limited partner, your share of the Partnership s ordinary income and loss for each year is characterized as derived from a passive activity. Report your share of intangible drilling costs, if any, set forth on Schedule K-1, Line 13J, that you elect to deduct or amortize for the year as discussed below, and percentage depletion on Schedule K-1, Line 20T, on Schedule E, Part II, column (f) to the extent allowed under Form 8582, Passive ctivity Loss Limitations. Use column (g) to report passive income. Passive income and losses must first be reported on Form Form 8582 instructions and related worksheets will guide you to the proper reporting of your passive activity income and losses. Investor General Partners Who Have een onverted to Limited Partners: If you subscribed to the Partnership at any time prior to 2014 and you originally were admitted to the Partnership as a general partner, your Schedule K-1 should have you designated as a limited partner, and if the netting of your items of Partnership deductions, including the amount of these costs allocable to 2014 which you elected to amortize on Line 42 of Form 4562, Depreciation and mortization against your income from the Partnership on Schedule E, Part II, to your Form 1040, results in net income, treat these items as Non-passive Income and Loss on Schedule E, Part II. onversely, if the netting of these items results in a net loss, treat these items as Passive Losses on Schedule E, Part II to the extent allowed under Form onsult with your tax advisor about netting separately stated items on Schedule K-1 to report a combined ordinary income or loss amount. Depreciation: Your share of depreciation (including bonus depreciation when allowed) has been netted against your Ordinary usiness Income (Loss) on Part III, Line 1 of the Federal Form K-1. It is not reflected as a separately stated item. If you subscribed to an tlas partnership prior to 2007 your partnership has no depreciation deductions as the assets have been fully depreciated. For all others, depreciation is reported as stated above. Line 5-Interest Income Portfolio interest is any interest income earned by the Partnership after the final closing of the Partnership. This amount is to be reported on Form 1040, Line 8a, or if applicable, Form 1040 s Schedule, Interest and Ordinary Dividends, Part 1, Line 1. List the Partnership name from Schedule K-1 as the payer. Interest on your subscription proceeds paid to you during 2014 and earned before the final closing of the Partnership was reported to you on a separate Form Line 10-Net section 1231 gain (loss): Please see 2014 Partner s Instructions for Schedule K-1 (provided by the Internal Revenue Service). Line 13-Other Deductions Separately Stated Items: Intangible Drilling osts Special Rules You may elect to deduct all, or a portion, of your share of intangible drilling costs (ID s) currently, or to capitalize all, or a portion, of the intangible drilling costs and amortize them ratably over a 60-month period beginning with the month or months the costs were paid or incurred. tlas Resources Series L.P. was formed on June 17, If you elect to capitalize your share of the intangible drilling costs; amortization begins in June of If you invested in tlas Resources Series L.P., then 2014 is the first year of your Partnership. If you originally were admitted to the Partnership as a general partner and are designated as a general partner and you elected to amortize your ID s, report the amount of these costs allocable to 2014 on Line 42 of Form 4562, Depreciation and mortization; report the current year amortization of ID from Form 4562 on Part II of your 2

3 Schedule E. If you are designated as a general partner on Schedule K-1 and choose to not to amortize your ID s but to deduct them all in year one, report your 2014 ID s on a separate line in Part II, column (h) of Schedule E. lso, see Line 14 Net Earnings (Loss) From Self-Employment below. Line 14 Self-Employment Earnings (Loss) If you invested in tlas Resources Series L.P., then 2014 is the initial year of the Partnership. If you were admitted as a general partner and you are designated as a general partner on Schedule K-1, your ID s and any income or loss reported on Schedule K-1 constitutes net earnings or loss from self-employment, as explained in the instructions for Schedule SE, Self-Employment Tax, to Form e sure to report the information on Line 14 of your K-1 on Schedule SE Line 2 of Section or whichever is applicable. This rule applies only to the initial year of the Partnership and only for Investor General Partners. Therefore, if you were admitted to any other Partnership prior to 2014 as a limited partner, or if your general partner interest has been converted to that of a limited partner, your share of income or loss is excluded from the definition of net earnings from self-employment. Line 14 Gross Non-farm Income If you are an individual partner, use this amount to figure net earnings from self-employment under the non-farm optional method on Schedule SE, Section, Part II. Only taxpayers meeting certain requirements may use the optional method for calculating self-employment tax. Please consult with your tax advisor if you have further questions regarding this method. Line 17 - lternative Minimum Tax Intangible Drilling osts: The general rule is that ID s for an independent oil and gas producer, like tlas, are not considered as a tax preference item for purposes of computing the alternative minimum tax on Form 6251, lternative Minimum Tax Individuals. The instructions to Form 6251 explain how to calculate your excess intangible drilling costs. Please note that this calculation does not apply to any ID s for which you elect 60-month amortization for purposes of the regular tax as discussed above. Your net income from oil and gas properties is the amount on Schedule K-1, Line 17 D less the amount on Line 17 E and less your percentage depletion deduction on Line 20 T (reduced by the amount of your excess intangible drilling costs). The remaining amount will then be a tax preference item to the extent that it exceeds 40% of your alternative minimum taxable income calculated with all of your applicable ID s being treated as a tax preference item but without the alternative tax net operating loss deduction. The tax preference amount is reported on Form 6251, Line 26. If you are using a commercial tax software packages, please respond to certain questions as follows: 1) The investment is at risk, 2) the partnership is NOT a publically traded partnership, and 3) as a general partner you materially participate. Depreciation Line 17: The amount on Line 17 represents the alternative minimum tax (MT) depreciation adjustment on property placed in service after 1986 and should be reported on Line 18 of Form 6251, lternative Minimum Tax-Individuals. Your share of depreciation (including bonus depreciation when allowed) has been netted against your Ordinary usiness Income (Loss) on Part III, Line 1 of the Federal Form K-1. It is not reflected as a separately stated item. Oil and Gas Gross Income and Deductions Lines 17D and 17E: The amounts reported on these lines include only the gross income (code D) from, and deductions (code E) allocable to oil, gas, and geothermal properties included in box 1 of your Schedule K-1. Use the amounts reported to help you figure the net amount to enter on line 26 of Form Percentage depletion deductions are not a preference item for computing the alternative minimum tax on Form Percentage depletion for 2014 is 15% of gross income for all the partnership s producing wells; however, the limitation on percentage depletion is 100 percent of net income from the well. Your depletion deduction (tentative depletion from oil/gas) is reported on Schedule K-1 Line 20 T. The net income for either the entire partnership or the limited partners interest is listed on your depletion schedule. The depletion deduction has not been used to or included in the computation of ordinary income or loss on Line 1 of the Schedule K-1. 3

4 Line 19- ash Distributions Schedule K-1, Line 19, represents the amount of your Gross Partnership cash distributions before deducting any appropriate state withholding tax (if applicable) reported on Line 20 Z. Line 20-Other Information The amount of investment income is reported on Line 20, percentage depletion deduction is reported on Line 20 T and Pennsylvania, West Virginia, New York, olorado, Oklahoma, Michigan and Indiana income tax withholding, if any, is reported on Line 20 Z. Domestic Production ctivities Deduction None of the tlas partnerships qualify for the deduction because of the payroll requirement. Medicare Surcharge Tax on Investment Income For tax years beginning after 2012, Internal Revenue ode ( IR ) Section 1411 imposes 3.8% surtax on certain passive investment income of individuals and of trusts and estates. If this is the initial year of the Partnership you are urged to consult your tax advisor concerning the impact of IR Section 1411 to you. s mentioned above, if you were originally admitted to the Partnership as a general partner and converted to a limited partner and the netting of your items of Partnership deductions against your income from the Partnership results in net income, these items are treated as Non-passive Income and Loss, and therefore, may not be subject to the tax. If you were admitted to the Partnership as a limited partner and your share of the Partnership s deductions against your income from the partnership result in net income; these items are treated as passive income, and therefore, subject to the tax. Please consult your tax advisor concerning the impact of IR Section 1411 to you. 4

5 State Resident/Nonresident Income Tax Return Filing Requirements (Nonresidents may not have to file) onfirmation of state filing elections were mailed with the 2014 K-1 mailings. If your investment in an tlas Partnership is registered under an EIN (Employer Identification Number), you are REQUIRED to file in each state, although olorado does allow some nonresident estates, trusts and other pass through entities in the composite return, and any nonresident partner may be included in the Oklahoma composite return. No taxes have been withheld and paid to the applicable states on your behalf (unless the partnership is required to withhold). (Example: -orporations, S-orporations, Trusts, Estates, Partnerships, Limited Liability ompanies and Tax Exempt ompanies) Pennsylvania: Your partnership will file the Pennsylvania Nonresident onsolidated Income Tax Return (P-40 NR) on behalf of Pennsylvania Individual nonresidents who elected to be part of the consolidated tax return. If you are a resident of Pennsylvania, an entity with an EIN or as an individual entity you did not make the election to participate in the consolidated return, please consult with your tax advisor concerning the proper reporting to Pennsylvania. Ohio: Your partnership will file the Ohio omposite Income Tax Return for ertain Investors in a Pass-Through Entity on behalf of all nonresident investors eligible to be included in the filing of the composite return. orporations cannot be included in a composite return. New York: Partners in tlas merica Series L.P. and tlas Resources Public # () L.P. have wells located in New York and will receive an IT-204-IP. Your partnership will file the New York Nonresident omposite Income Tax Return on behalf of New York individual nonresidents who elected to be part of the composite return. If you are a resident of New York, an entity with an EIN, a grantor trust or you did not make the election to participate in the composite return, please consult with your tax advisor concerning the proper reporting to New York. West Virginia: Partners in tlas Resources Public # () L.P., tlas Resources Public # () L.P., tlas Resources Pubic # () L.P and tlas Resources Series L.P. have wells located in West Virginia and will receive a West Virginia Schedule K-1 Equivalent. If you are a resident of West Virginia, an entity with an EIN or you did not make the election to participate in the composite return, please consult with your tax advisor concerning the proper reporting to West Virginia. tlas Resources Public # () L.P., tlas Resources Public # () L.P., tlas Resources Public # () L.P. and tlas Resources Series L.P., will file and pay any applicable state franchise and excise tax due to West Virginia. Indiana: Partners in tlas Series L.P., tlas Resources Public # () L.P., tlas Resources Public # () L.P., and tlas Resources Public # () L.P. have wells located in Indiana. Your partnership will file the Indiana Nonresident omposite Income Tax Return on behalf of all Indiana nonresidents. If your investment in tlas is registered under an EIN you must file an Indiana State Income Tax Return each year. If you are a resident of Indiana or an entity with an EIN, please consult with your tax advisor concerning the proper reporting to Indiana. Tennessee: The partnership (if applicable) will file and pay any state franchise and excise tax due to Tennessee. Tennessee individual income tax applies only to those legally domiciled in Tennessee; therefore, nonresidents do not have a filing requirement for partnership pass-through income. olorado: tlas Resources Series L.P., tlas Resources Series L.P., and tlas Resources Series L.P. have wells located in olorado. Your partnership will file the olorado Nonresident omposite Income tax return on behalf of all olorado nonresidents who elected to be part of the composite return. orporations cannot be included in a composite return. 5

6 Oklahoma: tlas Resources Series L.P., tlas Resources Series L.P., tlas Resources Series L.P. and tlas Resources Series L.P. have wells located in Oklahoma. Your partnership will file the Oklahoma Partnership omposite Income Tax Supplement on behalf of all Oklahoma nonresidents who elected to be part of the composite return. ny nonresident partner may be included in the composite return. Please consult with your tax advisor concerning the proper reporting to the IRS and each applicable state reporting requirement. tlas Resources, LL Park Place orporate enter One, 1000 ommerce Drive, Suite 410 Pittsburgh, P , Option # (Fax) Website: investorservices@atlasenergy.com 6

7 Key Tax Points INTNGILE DRILLING OSTS: Includes expenditures for wages, fuel, repairs, hauling, supplies and other costs and expenses incident to and necessary for drilling a well and preparing it for production of oil or gas. These costs do not create salvage value. Intangible drilling costs can, at the election of the taxpayer, be either deducted in the year paid or amortized over a sixty-month period. IR Sections 263(c), 59(e), and Treas. Reg. Section (a). PSSIVE INOME: Passive income can only be generated by a rental activity or a business in which the taxpayer does not materially participate. IR Section 469(c)(1) and (c)(2). Portfolio income such as interest and dividends should not be treated as passive income. IR Section 469(e)(1) and Reg. Section T(c )(3). See Passive ctivity Exception discussed below. PSSIVE TIVITY EXEPTION: The term passive activity does not include any working interest in any oil or gas property which the taxpayer holds directly or through an entity under which state law does not limit the liability of the taxpayer with respect to such interest. IR Section 469(c) (3) (). PSSIVE TIVITY EXEPTION FOLLOWING ONVERSION: Investor general partners have non-passive losses in the year of the investment as a result of the deduction for intangible drilling costs and will have their net income from partnership wells following conversion to limited partner status characterized as non-passive income. IR Section 469(c)(3)(). LTERNTIVE MINIMUM TX: For independent producers, such as investors in an oil and gas partnership, the 1992 National Energy ill repealed the preferences for excess intangible drilling costs and excess percentage depletion for natural gas and oil. Repeal of the excess intangible drilling costs preference, however, under current law may not result in more than a 40% reduction in the amount of the taxpayer s alternative minimum taxable income computed as if the excess intangible drilling costs preference had not been repealed. IR Section 57(a)(2)(E). DEPREITION: The costs of most equipment placed in service by a partnership will be recovered through depreciation deductions over a seven-year cost recovery period using the 200% declining balance method with a switch to straight line. IR Section 168(b) and (c). SELF-EMPLOYMENT: n investor general partner s share of income or loss from an oil and gas partnership will constitute net earnings from self-employment. IR Section 1402(a) and 1402(a)(13). ONVERSION FROM INVESTOR GENERL PRTNER TO LIMITED PRTNER: n investor general partner s conversion to limited partner status should not have adverse tax consequences unless there is a reduction in the partner s share of the partnership s debt, if any as a result of the conversion. Rev. Rul , SPEIL RULE FOR SPUDDING WELLS: mounts paid during the tax year for drilling an oil or gas well are deductible in the year paid if drilling of the well commences before the close of the 90th day after the close of the partnership s tax year. IR Section 461(i) (2) (). MRGINL WELL PRODUTION REDITS: If the reference price published by the IRS for natural gas is less than $2 per mcf (1,000 cubic feet) or the reference price for oil is less than $18 per barrel, there is a tax credit of up to 50 per mcf of domestic natural gas, or up to $3 per barrel of domestic oil production, from any number of qualified marginal wells as defined for percentage depletion purposes, up to 1,095 barrels of oil or approximately 6,220 mcf of natural gas per well, per year. IR Section 45I. MEDIRE SURHRGE TX: For tax years beginning after 2012, Internal Revenue ode ( IR ) Section 1411 imposes a 3.8% surtax on certain passive investment income of individuals and of estates and trusts. The 3.8% Medicare Surtax is outlined in IR Sec under hapter 2. 7

8 SHEDULE E (Form 1040) Department of the Treasury Internal Revenue Service (99) Name(s) shown on return Supplemental Income and Loss (From rental real estate, royalties, partnerships, S corporations, estates, trusts, REMIs, etc.) ttach to Form 1040, 1040NR, or Form Information about Schedule E and its separate instructions is at OM No ttachment Sequence No. 13 Your social security number Part I Income or Loss From Rental Real Estate and Royalties Note. If you are in the business of renting personal property, use Schedule or -EZ (see instructions). If you are an individual, report farm rental income or loss from Form 4835 on page 2, line 40. Did you make any payments in 2014 that would require you to file Form(s) 1099? (see instructions) Yes No If Yes, did you or will you file required Forms 1099? Yes No 1a Physical address of each property (street, city, state, ZIP code) 1b Type of Property (from list below) Type of Property: 1 Single Family Residence 2 Multi-Family Residence 2 For each rental real estate property listed above, report the number of fair rental and personal use days. heck the QJV box only if you meet the requirements to file as a qualified joint venture. See instructions. Fair Rental Days Personal Use Days 3 Vacation/Short-Term Rental 5 Land 7 Self-Rental 4 ommercial 6 Royalties 8 Other (describe) Income: Properties: 3 Rents received Royalties received Expenses: 5 dvertising uto and travel (see instructions) leaning and maintenance ommissions Insurance Legal and other professional fees Management fees Mortgage interest paid to banks, etc. (see instructions) Other interest Repairs Supplies Taxes Utilities Depreciation expense or depletion Other (list) Total expenses. dd lines 5 through Subtract line 20 from line 3 (rents) and/or 4 (royalties). If result is a (loss), see instructions to find out if you must file Form Deductible rental real estate loss after limitation, if any, on Form 8582 (see instructions) ( ) ( ) ( ) 23a Total of all amounts reported on line 3 for all rental properties a b Total of all amounts reported on line 4 for all royalty properties b c Total of all amounts reported on line 12 for all properties c d Total of all amounts reported on line 18 for all properties d e Total of all amounts reported on line 20 for all properties e 24 Income. dd positive amounts shown on line 21. Do not include any losses Losses. dd royalty losses from line 21 and rental real estate losses from line 22. Enter total losses here 25 ( ) 26 Total rental real estate and royalty income or (loss). ombine lines 24 and 25. Enter the result here. If Parts II, III, IV, and line 40 on page 2 do not apply to you, also enter this amount on Form 1040, line 17, or Form 1040NR, line 18. Otherwise, include this amount in the total on line 41 on page For Paperwork Reduction ct Notice, see the separate instructions. at. No L Schedule E (Form 1040) 2014 QJV

9 Please Note: Original general partners converted to limited partners - If the net amount from amortized IDs, % depletion yields a loss, these items must be claimed asname(s) passive. shown on return. Do not enter name and social security number if shown on other side. Your social security number Schedule E (Form 1040) 2014 ttachment Sequence No. 13 Page 2 aution. The IRS compares amounts reported on your tax return with amounts shown on Schedule(s) K-1. Part II Income or Loss From Partnerships and S orporations Note. If you report a loss from an at-risk activity for which any amount is not at risk, you must check the box in column (e) on line 28 and attach Form See instructions. 27 re you reporting any loss not allowed in a prior year due to the at-risk, excess farm loss, or basis limitations, a prior year unallowed loss from a passive activity (if that loss was not reported on Form 8582), or unreimbursed partnership expenses? If you answered Yes, see instructions before completing this section. Yes No 28 (a) Name D Passive Income and Loss (f) Passive loss allowed (attach Form 8582 if required) (g) Passive income (b) Enter P for partnership; S for S corporation (h) Nonpassive loss (c) heck if foreign partnership (d) Employer identification number Nonpassive Income and Loss (i) Section 179 expense deduction from Form 4562 If original D 29a Totals General Partner: b Totals ID (13J) and % 30 dd columns (g) and (j) of line 29a If original Limited Partner: (e) heck if any amount is not at risk (j) Nonpassive income 31 dd columns (f), (h), and (i) of line 29b ( ) 32 Total partnership and S corporation income or (loss). ombine lines 30 and 31. Enter the ID result (13J) here and include % Limited Partner: recorded here in the total on line 41 below Part III Income or Loss From (ordinary Estates income and Trusts Depletion (20T) recorded here if the total is a (loss) 33 (a) Name Passive Income and Loss (c) Passive deduction or loss allowed (attach Form 8582 if required) (d) Passive income (b) Employer identification number Nonpassive Income and Loss (e) Deduction or loss (f) Other income from Schedule K 1 34a Totals b Totals 35 dd columns (d) and (f) of line 34a dd columns (c) and (e) of line 34b ( ) 37 Total estate and trust income or (loss). ombine lines 35 and 36. Enter the result here and include in the total on line 41 below Part IV Income or Loss From Real Estate Mortgage Investment onduits (REMIs) Residual Holder 38 (a) Name If original K-1 box 1) (b) Employer identification number (c) Excess inclusion from Schedules Q, line 2c (see instructions) (d) Taxable income (net loss) from Schedules Q, line 1b 39 ombine columns (d) and (e) only. Enter the result here and include in the total on line 41 below 39 Part V Summary 40 Net farm rental income or (loss) from Form lso, complete line 42 below Total income or (loss). ombine lines 26, 32, 37, 39, and 40. Enter the result here and on Form 1040, line 17, or Form 1040NR, line Reconciliation of farming and fishing income. Enter your gross farming and fishing income reported on Form 4835, line 7; Schedule K-1 (Form 1065), box 14, code ; Schedule K-1 (Form 1120S), box 17, code V; and Schedule K-1 (Form 1041), box , code F (see instructions) Reconciliation for real estate professionals. If you were a real estate professional (see instructions), enter the net income or (loss) you reported anywhere on Form 1040 or Form 1040NR from all rental real estate activities in which you materially participated under the passive activity loss rules.. 43 Refer to Form 8582 for allowable Depletion (20T) Total gain or (loss) from all Partnerships and S-orps Passive ctivity Losses Total supplemental income or (loss) - transfers to line 17 on Page 1 of Form If original General Partner: (ordinary income K-1 box 1) (e) Income from Schedules Q, line 3b Schedule E (Form 1040) 2014