An investment club is formed when a group of friends, neighbors,
business associates, or others pool their money to invest in stock or
other securities. The club may or may not have a written agreement, a
charter, or bylaws.
Usually the group operates informally with members pledging to pay
a regular amount into the club monthly. Some clubs have a committee
that gathers information on securities, selects the most promising
securities, and recommends that the club invest in them. Other clubs
rotate these responsibilities among all their members. Most clubs
require all members to vote for or against all investments, sales,
trades, and other transactions.
Identifying number.
Each club must have an employer identification number (EIN) to use
when filing its return. The club's EIN also may have to be given to
the payer of dividends or other income from investments recorded in
the club's name. To obtain an EIN, first get Form
SS-4, Application for Employer
Identification Number, from
the Internal Revenue Service or your nearest Social Security
Administration office. See chapter 5 of this publication for more
information about how to get this form.
Investments in name of member.
When an investment is recorded in the name of one club member, this
member must give his or her social security number (SSN) to the payer
of investment income. (When an investment is held in the names of two
or more club members, the SSN of only one member must be given to the
payer.) This member is considered as the record owner for the actual
owner, the investment club. This member is a "nominee" and must
file an information return with the IRS. For example, the nominee
member must file Form 1099-DIV for dividend income, showing the
club as the owner of the dividend, his or her SSN, and the EIN of the
club.
Tax treatment of the club.
Generally, an investment club is treated as a partnership for
federal tax purposes unless it chooses otherwise. In some situations,
however, it is taxed as a corporation or a trust.
Clubs formed before 1997.
Before 1997, the rules for determining how an investment club is
treated were different from those explained in the following
discussions. An investment club that existed before 1997 is treated
for later years the same way it was treated before 1997, unless it
chooses to be treated a different way under the new rules. To make
that choice, the club must file Form 8832,
Entity Classification Election.
Club as a Partnership
If your club is not taxed as a corporation or a trust, it will be
treated as a partnership.
Club files Form 1065.
If your investment club is treated as a partnership, it must file
Form 1065. However, as a partner in the club, you must report on your
individual return your share of the club's income, gains, losses,
deductions, and credits for the club's tax year. (Its tax year
generally must be the same tax year as that of the partners owning a
majority interest.) You must report these items whether or not you
actually receive any distribution from the partnership.
You should receive a copy of Schedule K-1 (Form 1065),
Partner's Share of Income, Credits, Deductions, etc., from
the partnership. The amounts shown on Schedule K-1 are your
share of the partnership's income, deductions, and credits. Report
each amount on the appropriate lines and schedules of your income tax
return.
The club's expenses for producing or collecting income, for
managing investment property, or for determining any tax are listed
separately on Schedule K-1. Each individual partner who itemizes
deductions on Schedule A (Form 1040) can deduct his or her share of
those expenses. The expenses are listed on line 22 of Schedule A along
with other miscellaneous deductions subject to the 2% limit. See
chapter 3
for more information on the 2% limit.
For more information about reporting your income from a
partnership, see the Schedule K-1 instructions. Also see
Publication 541,
Partnerships.
Passive activity losses.
Rules apply that limit losses from passive activities. Your copy of
Schedule K-1 (Form 1065) and its instructions will tell you
where on your return to report your share of partnership items from
passive activities. If you have a passive activity loss from a
partnership, you must complete Form
8582 to figure the amount of the
allowable loss to enter on your tax return.
No social security coverage for investment club earnings.
If an investment club partnership's activities are limited to
investing in savings certificates, stock, or securities, and
collecting interest or dividends for its members' accounts, a member's
share of income is not earnings from self-employment. You cannot
voluntarily pay the self-employment tax to increase your social
security coverage and ultimate benefits.
For more information on self-employment tax, see Publication 533,
Self-Employment Tax.
Club as a Corporation
An investment club formed after 1996 is taxed as a corporation if:
- It is formed under a federal or state law that refers to it
as a corporation, body corporate, or body politic. It is formed under
a state law that refers to it as a joint-stock company or joint-stock
association, or
- It chooses to be taxed as a corporation.
Choosing to be taxed as a corporation.
To choose to be taxed as a corporation, the club cannot be a trust
(see Club as a Trust, later) or otherwise subject to
special treatment under the tax law. The club must file Form 8832 to
make the choice.
Club files Form 1120.
If your club is taxed as a corporation, it must file Form 1120 (or
Form 1120-A). In that case, you do not report any of its income
or expenses on your individual return. All ordinary income and
expenses and capital gains and losses must be reported on the Form
1120 (or Form 1120-A). Any distribution the club makes that
qualifies as a dividend must be reported on Forms 1096 and
1099-DIV if total distributions to the shareholder are $10 or
more for the year.
You must report any distributions that you receive from the club on
your individual return. You should receive a copy of Form
1099-DIV from the club showing the distributions you received.
Some corporations can choose not to be taxed and have earnings
taxed to the shareholders. See S Corporations, earlier.
For more information about corporations, see Publication 542,
Corporations.
Club as a Trust
In a few cases, an investment club is taxed as a trust. In general,
a trust is an arrangement through which trustees take title to
property for the purpose of protecting or conserving it for the
beneficiaries under the ordinary rules applied in chancery or probate
courts. An arrangement is treated as a trust for tax purposes if its
purpose is to vest in trustees responsibility for protecting and
conserving property for beneficiaries who cannot share in that
responsibility and so are not associates in a joint enterprise for the
conduct of business for profit. If you need more information about
trusts, see section 301.7701-4 of the regulations.
Club files Form 1041.
If your club is taxed as a trust, it must file Form 1041. You
should receive a copy of Schedule K-1 (Form 1041) from the
trust. Report the amounts shown on Schedule K-1 on the
appropriate lines and schedules of your income tax return.
Previous | First | Next
Publication Index | 2000 Tax Help Archives | Tax Help Archives | Home
