I received an oil and gas K-1 for a client that I cannot make sense of. The tentative allowable depletion is listed at an amount significantly higher than both cost depletion and percentage depletion. This higher amount is also deducted from Box L - Partner's Tax Capital. Here is the information reported in Box 20T:
Tentative Allowable Cost Depletion 9,598
Tentative Allowable % Depletion 3,160
Tentative Allowable Depletion 31,303
Total Cost Depletion 11,033
Total Production (BOE) 7,629
Total % Depletion in Excess of Basis 12,785
I called the issuer and they couldn't explain why 31,303 would be the tentative allowable depletion, but they say it is correct. Does anyone have any thoughts on how this could be correct? I thought that the depletion deduction was limited to the higher of % depletion or cost depletion. What is the correct amount of depletion to take on the return? There is also 28,186 of section 59(e)(2) expenditures reported in box 13J, but I do not think this should affect the tentative allowable depletion figure.
Any thoughts would be greatly appreciated. Thank you.
Probably a K-1 from a fund of funds, each fund of which provided a K-1 with differently-presented numbers.
Enter into Lacerte as both percentage depletion and AMT percentage depletion $31,303. Enter into the depletion adjustment line of the basis section the $12,785.
Normally, only depletion to the extent of basis would affect capital account (because it's a book-tax difference), so it's possible you're actually forgoing some allowable depletion here. But there's no way you'd ever be able to know for sure. Note that your outside basis will differ from capital account due to the depletion difference, if it doesn't already.
Thanks Phoebe,
There was a passive activity schedule provided which lists each activity's results. Most make sense and tentative depletion by activity equals the greater of cost depletion or percentage depletion, but there were two activities where the tentative allowable depletion exceeded by far both the cost and percentage depletion. Additionally, my understanding was that the tentative depletion deducted from the capital account was adjusted for percentage depletion in excess of basis. Is that not the case? My question really is how can tentative allowable depletion exceed the cost depletion and percentage depletion?
Some K-1 back in the string provided a number for tentative total depletion, but didn't detail it out between cost and percentage. By the time you get 4 or 5 levels deep, the O&G info gets pretty garbage-y.
Thank you, Phoebe.
Are you suggesting that some lower tier entity reported tentative allowable depletion but did not report the associated cost or percentage depletion? I don't want to deny the client any deductions but when there is a $20,000 discrepancy, it becomes material. Also, how would I know if the partnership adjusted for percentage depletion in excess of basis in the capital account or if the tentative depletion is calculated using percentage depletion or cost depletion or a combination of both based upon the underlying entities?
What I'm saying is that the K-1 is as good as it's going to get, that you can reasonably rely on the information on the K-1, and that the K-1 preparer acts as a non-signing preparer of your client's returns with respect to the K-1 items. What "reasonably rely on" means is a matter of professional judgement.
Those K-1s are like a game of telephone, where each lower tier entity reports information in a slightly different format and with a slightly different level of detail. The next tier up aggregates that information, generally without making any effort to make the format or level of detail consistent (which is why you'll see half a dozen line items for what's essentially the same item of income shoved haphazardly into some combination of 11A and 11I), because there are literally not enough hours in the day to do those returns. That K-1 goes another level up, and the process repeats. I've seen a couple with 20 lines of summarized depletion (some lines with unique labels, some with duplicative labels!) that need to be collapsed into some semblance of "allowable depletion" and "depletion in excess of basis," which are the only numbers likely to be relevant to your return. I've seen some that attached a thick stack of property-by-property depletion schedules that bore no relationship to the summarized totals. There is no right answer to the question you are asking, and if there were a right answer, there exists no single person who has ever has access to all the information needed to arrive at it.
> how would I know if the partnership adjusted for percentage depletion
> in excess of basis in the capital account
Not relevant. You calculate outside basis, the partnership calculates capital account, no reason why those two would be more than tangentially related (even under the tax-basis capital account reporting rules).
> if the tentative depletion is calculated using percentage depletion or
> cost depletion or a combination of both
It's a combination of both, because you get the greater of cost or percentage on a property-by-property basis, and no one only has winners. You enter it into Lacerte as percentage depletion, because Lacerte treats the K-1 as one property and gives you the larger of cost or percentage, not the sum of cost and percentage. This is a software limitation, and the input I suggested should get you the output you expect. You pick percentage as your one number, not cost, because there's no such thing as cost depletion in excess of basis, and even if Lacerte produced the desired output, your depletion schedule would look wrong.
Your guy's production is 7,629 barrels of oil equivalent. That's a lot of oil - 17D is probably around $800k? $31k is pretty much no depletion on that much production. It's entirely possible your guy's share of depletion is the sum of all those detail numbers: $69,879, of which $12,785 is in excess of basis.
Those are some interesting bottom lines, but what is the top line? Is the starting number a six-figure amount?
Hi Bob,
Can you be more specific about what you mean by top line? If you mean gross income from Oil and Gas, yes the figure is in the mid $200,000s.
So the $30,000+ figure works out to about 15% of the $200,000+ figure, right? Maybe some of the payers are breaking out cost depletion and percentage depletion, while others are just using percentage depletion and calling it "depletion." Or maybe something else is going on.
Nothing here really makes sense. The tentative allowable percentage depletion is reported as $3,160 and percentage depletion in excess of basis is reported as 12,785. Cost depletion is reported as 11,033, but tentative allowable cost depletion is only 9,598; yet tentative allowable depletion is reported as $31,303 - higher than both percentage depletion and cost depletion and even the sum of the two in case these figures suggest that some properties are reporting higher cost depletion and some are reporting higher percentage depletion.
Phoebe is our resident oil & gas expert. I'd listen to her.
Especially the parts about the K-1 is as good as it's going to get and you can reasonably on it.
Have you looked at the instructions for 1065 preparers? Do they always require computation of both cost and percentage depletion? Makes sense to me, if there is $200K income and $30K depletion.
There's a trial going on in New York where accountants are testifying that it is the client's responsibility to provide the correct numbers. That may not always be true, but generally it's not the accountant's responsibility to second-guess the numbers provided by another accountant.
Thanks Phoebe and Bob!
I will take Phoebe's advice and enter only percentage depletion of $31,303 and then enter a basis adjustment of $12,785 for the % depletion in excess of basis. I am not at an expert with these oil and gas K1s. Most of the ones I see are exceedingly minor, but this one isn't and I wanted to be sure I was picking up the right numbers. I am still not entirely clear why the tentative cost depletion and tentative percentage depletion were reported on the K-1 if they are not the numbers to use. But I will go with the higher Tentative Allowable Depletion figure that was also reported in Box 20.
Thanks for your help.
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