Schedule Q (Form 1066) (Rev. 9-2018)
Page 2
Instructions for Residual Interest Holder
Section references are to the Internal Revenue Code unless otherwise noted.
Future Developments
For the latest information about developments related to Schedule Q and its
instructions, such as legislation enacted after they were published, go to
www.irs.gov/Form1066.
What’s New
Beginning January 1, 2018, section 212 expenses can’t be deducted as a
miscellaneous itemized deduction by individuals who itemize deductions
because the Tax Cuts and Jobs Act suspended miscellaneous itemized
deductions for tax years 2018 through 2025.
Purpose of Schedule
The real estate mortgage investment conduit (REMIC) uses Schedule Q to
notify you of your share of the REMIC’s quarterly taxable income (or net
loss), the excess inclusion with respect to your interest, and your share of the
REMIC’s section 212 expenses for the quarter.
Keep your copy of this schedule for your records. Don’t file it with your tax
return.
Tax treatment of REMIC items. The REMIC isn’t subject to income tax,
except on net income from prohibited transactions, net income from
foreclosure property, and contributions made after the startup day. However,
you’re liable for tax on your share of the REMIC’s taxable income, whether or
not distributed, and you must include your share on your income tax return.
Generally, you must report REMIC items shown on your Schedule Q (and any
attached schedules) or similar statement consistent with the way the REMIC
treated the items on the return it filed.
If your treatment on your original return is (or may be) inconsistent with the
REMIC’s treatment, or if the REMIC was required to file but hasn’t filed a
return, you must file Form 8082, Notice of Inconsistent Treatment or
Administrative Adjustment Request (AAR), with your original return to identify
and explain the inconsistency (or to note that a REMIC return hasn’t been
filed). See sections 860F(e) and 6222 for the inconsistent treatment rules.
Errors. If you believe the REMIC has made an error on your Schedule Q,
notify the REMIC and ask for a corrected Schedule Q. Don’t change any
items on your copy. Be sure that the REMIC sends a copy of the corrected
Schedule Q to the IRS. If you’re unable to reach an agreement with the
REMIC about the inconsistency, you must file Form 8082 as explained in the
preceding paragraph.
Limitation on losses. Generally, you may not claim your share of the
quarterly net loss from a REMIC that is greater than the adjusted basis of
your residual interest in the REMIC at the end of the calendar quarter
(determined without regard to your share of the net loss of the REMIC for
that quarter). Any loss disallowed because it exceeds your adjusted basis is
treated as incurred by the REMIC in the following quarter, but only for the
purpose of offsetting your share of REMIC taxable income for that quarter.
The following items increase your basis.
• Money and your adjusted basis in property contributed to the REMIC.
• Your share of the REMIC’s taxable income.
• Any income reported under section 860F(b)(1)(C)(ii).
The following items decrease your basis.
• Money and the fair market value of property distributed to you.
• Your share of the REMIC’s losses.
• Any deduction claimed under section 860F(b)(1)(D)(ii).
Passive activity limitations under section 469. Amounts includible in
income (or deductible as a loss) by a residual interest holder are treated as
portfolio income (loss). Such income (or loss) isn’t taken into account in
determining the loss from a passive activity under section 469.
Excise taxes on excess inclusions of REMIC residual interests. Use Form
8831, Excise Taxes on Excess Inclusions of REMIC Residual Interests, to
report and pay the:
• Excise tax due under section 860E(e)(1) if you transferred a residual interest
in a REMIC to a disqualified organization,
• Amount due under Regulations section 1.860E-2(a)(7)(ii) if the tax under
section 860E(e)(1) is to be waived, or
• Excise tax due under section 860E(e)(6) if the residual interest holder is a
pass-through entity with interests held by a disqualified organization.
See Form 8831 for more details and for definitions of “disqualified
organization” and “pass-through entity.”
Specific Instructions
Item C—REMIC assets. This information is provided only for the use of a
residual interest holder such as a real estate investment trust or domestic
building and loan association that needs to know the composition of the
REMIC’s underlying assets.
Calendar Year Taxpayers and Fiscal Year Taxpayers
Whose Tax Years End With a Calendar Quarter
Line 1b—Your share of the taxable income (net loss) for the calendar
quarter. If you’re an individual, you must report, as ordinary income or loss,
the total of the amounts shown on line 1b of Schedule Q for each quarter
included in your tax year. You report the total on Schedule E (Form 1040),
Part IV, column (d), after applying any basis limitations. If you aren’t an
individual, report the amounts as instructed on your tax return.
Line 2c—Excess inclusion for the calendar quarter for your residual
interest. The total of the amounts shown on line 2c for all quarters included
in your tax year is the smallest amount you may report for that year as your
taxable income or, if applicable, alternative minimum taxable income (AMTI).
Except where necessary or appropriate to prevent avoidance of federal
income tax, the preceding sentence doesn’t apply to a financial institution
entitled to relief under section 1616(c)(4) of the Small Business Job
Protection Act of 1996, Pub. Law No. 104-188, 110 Stat. 1755 (August 20,
1996) (the Act). That provision generally allows certain financial institutions to
continue using the rules of section 860E(a)(2) prior to its amendment by the
Act. (Special rules apply to members of affiliated groups filing consolidated
returns and to which section 1616(c)(4) of the Act applies. See sections
860E(a)(3) and (4) prior to their amendment by the Act.) The line 2c amount is
treated as “unrelated business taxable income” if you’re an exempt
organization subject to the unrelated business tax under section 511. If
you’re an individual, enter this amount as an item of information on Schedule
E (Form 1040), Part IV, column (c). If you must also report this amount as
your taxable income (or AMTI), enter the amount shown on line 2c on the
taxable income (or AMTI) line of your return and write “Sch. Q” on the dotted
line to the left of the entry space.
Line 3b—Your share of section 212 expenses for the calendar quarter. If
you’re an individual or other pass-through interest holder (as defined in
Temporary Regulations section 1.67-3T), you must report as ordinary income
the total of the amounts shown on line 3b of Schedule Q for each quarter
included in your tax year. This amount must be reported in addition to your
share of taxable income (net loss) determined above. If you’re an individual,
report this total on Schedule E (Form 1040), Part IV, column (e). If you aren’t
an individual, report the amounts as instructed on your tax return.
Fiscal Year Taxpayers Whose Tax Years Don’t End
With a Calendar Quarter
The same rules explained above for calendar year taxpayers apply, except
that you must figure the amount to report from lines 1b, 2c, and 3b based on
your tax year. For each calendar quarter that overlaps the beginning or end
of your tax year, divide the amount shown on line 1a, 2a, or 3a (whichever is
applicable) by the number of days in that quarter. Multiply the result by your
percentage of ownership of all residual interests for each day of your tax year
included in that quarter.
Line 1b. Total the daily amounts of taxable income (net loss) for the
overlapping quarters. Add these amounts to the amounts shown on line 1b
for the full quarters included in your tax year. Report the resulting income or
loss in the same manner as explained above for calendar year taxpayers.
Line 2c. Total the daily amounts for the overlapping quarters. Subtract this
total from your share of the taxable income for the part of the quarter
included in your tax year, as previously figured. Add the resulting amounts
for the overlapping quarters to the amounts shown on line 2c for the full
quarters included in your tax year and report it in the same manner as
explained above for calendar year taxpayers.
Line 3b. Total the daily amounts of section 212 expenses for the overlapping
quarters. Add these amounts to the amounts shown on line 3b for the full
quarters included in your tax year. Report the resulting amount in the same
manner as explained above for calendar year taxpayers.
