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Level 2
August 26, 2026
Question

On 1040, K1 1120S Box 8A (NOT passive) being taxed NIIT

  • August 26, 2026
  • 1 reply
  • 35 views

On a 1040, I have an 1120S K1 with the following entry being taxed NIIT:

On the first tab (Info), Not a passive activity is checked

Box 8A is in the first field which is NOT passive (the second field is Passive

What else can I do to tax it as a non passive?

FYI, in the 11120S, I can override the shareholder K1’s to Box 9 (Net section 1231, which is where it should go (this is internally generated goodwill on an asset sale).  It is being reported as 8a (Net Long Term capital gain.  However, there is no corrosponding Schedule K override for both Box 8 and Box 9, so that doesn’t work

It works if there is a specific asset for goodwill, but there isn’t (I tried for future reference)

 

    1 reply

    IntuitKarenL1
    Moderator
    August 31, 2026

    Try this and let us know if it works for you:

    • Inside ProConnect in the main search area, search these words “Disposition of property not subject to net investment income tax included in capital gains & losses”. 
    • Scroll to Net Investment Income Tax (Form 8960)
    • Enter your Box 8a Goodwill amount as a negative number in the second space in that section titled “Disposition of property not subject to net investment income tax included in capital gains or losses [Adjust]