By Kevin Luu, Co-Founder and Chief Learning Officer. Reviewed on 2026-09-30.
There is no single K-1 distribution tax rate. The cash a partnership distributes to you is generally not taxed when you receive it, as long as it does not exceed your basis in the partnership. What you pay tax on is your share of the partnership’s income, shown line by line on the K-1, and each type is taxed at your own rate: interest and ordinary business income at ordinary rates (up to 37% federal for 2026), qualified dividends and long-term gains at up to 20%, often plus the 3.8% Net Investment Income Tax.
For a California or Washington household earning $750,000 to $3 million from W-2 pay, K-1s usually arrive from private equity, venture or real estate funds, angel syndicates, or a family trust. The rules below are the ones that decide what those K-1s cost you.
Distributions versus income: the two numbers on every K-1
A partnership K-1 (Form 1065) reports two different things that people often mix up:
- Your distributive share of income, gains, losses and deductions (boxes 1 through 13, and others). This is what you report on your return. The IRS instructions are direct: you may owe tax on your share of the partnership income “whether or not distributed” (IRS Partner’s Instructions for Schedule K-1).
- Distributions (box 19). This is cash or property the fund actually sent you. It generally reduces your basis rather than creating tax. Only the part of a cash distribution that exceeds your adjusted basis is a taxable gain, per the same instructions.
So a fund can send you $60,000 in a year and hand you almost no taxable income, or send you nothing and report $40,000 of gains you owe tax on. This second case, often called phantom income, is the one that surprises W-2 families, because nothing was withheld and no cash arrived to pay the bill.
The IRS also puts basis tracking on you, not the fund: “It’s the partner’s responsibility to track and maintain the information necessary to figure their adjusted basis in the partnership.” If nobody in the household is keeping that record, the error usually shows up years later when the fund winds down.
How each K-1 line is taxed for a high-income family in 2026
At your income, most of the income on a K-1 lands in the top federal brackets. For 2026, married filing jointly, the 37% bracket starts at $768,700 of taxable income and the 20% long-term gain rate starts above $613,700 (IRS Rev. Proc. 2025-32). The 3.8% Net Investment Income Tax applies above $250,000 of modified AGI for joint filers and covers interest, dividends, gains and income from passive businesses (IRS).
| K-1 item (Form 1065) | Federal rate, top bracket, 2026 | California | Washington (2026) |
|---|---|---|---|
| Box 5 interest | 37% + 3.8% NIIT | Ordinary rates, up to 13.3% | No income tax |
| Box 6b qualified dividends | 20% + 3.8% NIIT | Ordinary rates, up to 13.3% | No income tax |
| Box 8 net short-term capital gain | 37% + 3.8% NIIT | Ordinary rates, up to 13.3% | No tax (the capital gains tax covers long-term gains) |
| Box 9a net long-term capital gain | 20% + 3.8% NIIT | Ordinary rates, up to 13.3% (no lower gain rate) | 7% on WA long-term gains above the standard deduction; 9.9% on taxable gains above $1,000,000 (gains from real estate are exempt) |
| Box 1 ordinary business income from a fund you do not work in | 37% + 3.8% NIIT (passive) | Ordinary rates, up to 13.3% | No income tax |
| Box 19 distributions | Not taxed up to your basis; excess is gain | Same basic rule | Excess over basis may be a long-term gain |
California taxes every type of capital gain as ordinary income (FTB). Its top rate is 13.3%, which is the 12.3% top bracket plus the 1% Behavioral Health Services Tax on taxable income over $1,000,000 (FTB 2025 schedules; 2026 schedules were not yet published at review). California SDI (1.3% for 2026) applies to wages, not to K-1 investment income.
Washington has no wage income tax in 2026, but its capital gains tax reaches K-1s: individuals “can be liable for the tax because of their ownership interest in a pass-through or disregarded entity that sells or exchanges long-term capital assets” (WA DOR). The standard deduction was $278,000 for 2025, and the 2026 amount had not been published at review. Washington has also enacted a 9.9% income tax on AGI over $1,000,000 starting January 1, 2028 (WA DOR), so a Washington family at this income should not plan K-1 investments on the assumption that ordinary income stays untaxed at the state level.
Worked example: a $1.2 million California household with one fund K-1
Assumptions (illustrative): married filing jointly, two children ages 4 and 7, $1,200,000 of combined W-2 pay from a biotech role and a physician salary, living in California. They committed $250,000 to a private equity fund three years ago. Their federal taxable income is above $768,700 and their California taxable income is above $1,000,000, in the 11.3% bracket (2025 schedule), so each added dollar of ordinary income or gain costs 12.3% in California. Their 2026 K-1 shows:
- Box 5 interest: $6,000
- Box 9a net long-term capital gain: $40,000
- Box 1 ordinary business loss: ($15,000), a passive loss
- Box 19 cash distribution: $60,000, well below their remaining basis
| Item | Federal | California | Total |
|---|---|---|---|
| $6,000 interest | $2,448 (40.8%) | $738 (12.3%) | $3,186 |
| $40,000 long-term gain | $9,520 (23.8%) | $4,920 (12.3%) | $14,440 |
| $60,000 distribution | $0 (within basis) | $0 | $0 |
| ($15,000) passive loss | Not deductible this year; carried forward | $0 benefit now | |
| Total added tax | $11,968 | $5,658 | $17,626 |
Two points in this example catch most families. First, the $15,000 loss does not reduce their tax. Passive losses can only offset passive income, and the interest and gains on the same K-1 are portfolio income, not passive income. The $25,000 special allowance for rental real estate in which you actively participate is reduced by 50% of modified AGI over $100,000, so it phases out completely at $150,000 (IRS Publication 925), so it is gone at this income. Disallowed losses carry forward until there is passive income to absorb them or the investment is fully disposed of.
Second, the $60,000 of cash is not income. It lowers their basis. If later distributions push basis below zero, that excess becomes a taxable gain.
The same family living in Washington would owe the $11,968 federal amount and, for 2026, no state tax on the interest. The $40,000 gain would only be taxed by Washington if their total Washington long-term gains for the year exceeded the standard deduction.
K-1s from a family trust (Form 1041)
If a grandparent’s trust or an estate names you or your children as beneficiaries, you may get a K-1 from Form 1041 instead. The logic is similar: you report the income items the trust passes out to you, at your rates, and the trust reports what it keeps (IRS Beneficiary’s Instructions for Schedule K-1 (Form 1041)). For a child under 18 (and some children 18 to 23), trust income passed out to the child can fall under the kiddie tax: for 2026, unearned income over $2,700 is taxed at the parents’ rate (IRS Rev. Proc. 2025-32; IRS Form 8615 instructions). See our guide to UTMA tax rules for how that works on a child’s return.
Timing: why K-1 families often extend their return
A calendar-year partnership must give you a K-1 by its own return due date, March 15, and later if it extends (IRS Instructions for Form 1065). Many funds extend, so K-1s can arrive in summer or early fall. Families with fund K-1s often file Form 4868 to extend their 1040, which extends the time to file, not the time to pay (IRS). Paying an estimate by April 15 based on the prior year’s K-1 is usually the cleaner path. More on this in when K-1s have to be issued.
Common mistakes at this income level
- Treating distributions as the taxable number. Tax follows the income boxes, not the cash.
- Counting on fund losses to offset W-2 pay. For a limited partner in a fund, those losses are usually passive and sit unused for years.
- No one tracks basis. The fund does not own this job. Without a running basis record, you cannot tell whether a distribution is tax-free or a gain.
- Relying on payroll withholding to cover K-1 tax. Supplemental withholding on RSUs and bonuses is often already short at the 35% and 37% brackets; K-1 income adds to the gap.
- Adding many small private funds. Each one adds a K-1, a basis record and possibly a late filing. For a family that delegates, five $50,000 commitments can cost more in time and extensions than they return in diversification.
For where each box lands on your return, see where K-1 income goes on Form 1040. For how this compares with income reported on a 1099, see K-1 vs 1099 tax rates.
What to write down for your kids about each private investment
Private fund commitments often run ten years or more, which means a 7-year-old today may be an adult when the last K-1 arrives. A one-page record per investment helps: why you invested, the commitment and capital called so far, your running basis, which advisor and CPA handle it, when the K-1 typically arrives, and what you would do if the fund asked for more capital. This is exactly the kind of decision the FamilyKnowledge® System is built to capture. As Kevin Luu puts it: “Your kids don’t need to inherit your portfolio. They need to inherit your decision-making process.”
Frequently asked questions
Are K-1 distributions taxable?
Generally not when received. A partnership distribution reduces your basis and is taxed only to the extent it exceeds that basis, which is then treated as gain. You are taxed on your share of the partnership’s income each year whether or not any cash was distributed. That is why a K-1 can show taxable income in a year with no distribution at all.
Is K-1 income subject to self-employment tax?
It depends on your role. A general partner or active member can owe self-employment tax on business income, while a limited partner in an investment fund usually does not, apart from payments for services that the partnership makes regardless of its income (IRC section 1402(a)(13), described in the IRS Instructions for Form 1065). For W-2 families investing passively, the NIIT at 3.8% is the more common extra tax. Our guide on whether K-1 income counts as earned income covers this in more detail.
Does California tax K-1 income from an out-of-state fund?
Yes. California residents are taxed on income from all sources, so interest, dividends and gains passed through on a K-1 from a Delaware or New York fund are taxable in California at ordinary rates. A credit for taxes paid to another state may apply in limited cases, which your CPA can check against the fund’s state schedules.
Next step
Before your next capital call, pull every K-1 you received last year into one list with the fund, box 1, 5, 6b, 9a and 19 amounts, and your current basis. If the list is hard to build, that is the gap to close first. If you would like a second set of eyes on how private investments fit your tax picture, our tax management and investment risk management work at Age Five Family Office™ starts with a Tax & Wealth Assessment.
This is general education, and the right move depends on your family’s full picture.
Kevin has advised high-income W-2 tech and biotech families since 2015, and leads the education-first Age Five Family Office from Brea, California.
Connect on LinkedIn → · About KevinThis is part of how we approach Tax Management for high-income W-2 families at Bright Advisers.
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