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club_cafe: Pengrowth "Dividends"
>>Ira doesn't seem to agree, but I would enter the whole thing as
non-qualified dividends. That way, you can take the foreign tax credit,
your partners will be happy, and I can't believe even the IRS will be
unhappy.
Rip,
 
You're right, I don't agree. And here is why.... from the Pengrowth web site:
 
"Pengrowth advises that a Substitute Schedule K-1 (Form 1065) will be mailed to U.S. beneficial unitholders who owned Pengrowth units during 2004 on or about March 1, 2005. ..."
 
"IMPORTANT: It has come to Pengrowth's attention that a number of U.S. based brokerages have issued Form 1099s (Form 1099-MISCs and/or Form 1099-DIVs) to unitholders of Pengrowth for the amount of distributions received (likely reported as royalties in box 2 of Form 1099-MISC or as ordinary dividends in box 1 of Form 1099-DIV) and Canadian taxes withheld (reported in box 6 of Form 1099-DIV) during 2004. If Pengrowth unitholders are in receipt of either a 1099-MISC and/or a 1099-DIV from their brokerage in respect of the distributions received during 2004, Pengrowth recommends unitholders pursue the following actions outlined below."
 
The note continues by explaining that Pengrowth is a limited partnership, distributions are neither royalties nor dividends and that unitholders should request that their brokerages "withdraw" the erroneous 1099-MISC/1099-DIV forms.
 
Ira Smilovitz
 
 
 
 
 
Ira,

<<
You're right, I don't agree. And here is why.... from the Pengrowth web
site:
>>

I was mostly reacting to your other post, quoted below....

<<
The partner who signs the 1065 attests that "Under penalties of perjury,
I declare ... this return ... is true, correct and complete." If they
file incorrectly, the club and each of the members could be subject to
penalties and interest. If the club has to wait until late March to
file, then it has to wait until late March. It could be worse, some
investment entities file for extensions and don't report their earnings
until late summer.
>>

You do agree, don't you, that none of those dire things are going to
happen if they just call the whole thing non-qualified dividends.

As for the note from Pengrowth, I would say 'interesting', but so what.
Probably most of the brokerage firms are not going to comply. If it were
I as treasurer, I would take the path of least resistance, and get the
return filed and the partners off my back.


Rip West
Saint Paul, MN