7 MLP Tax Mistakes That Trigger IRS Notices (And How to Avoid Them)

MLP taxation is complex by design — and these seven mistakes account for the vast majority of IRS notices, overpayments, and missed deductions among partnership investors.

By Lucas Andersen — Last updated March 6, 2026

Mistake #1: Using Your Broker's Cost Basis

Your broker reports original purchase price, never adjusted for K-1 activity. After 5-10 years, the gap can be thousands per unit. The IRS receives your K-1s and knows what your basis should be.

Mistake #2: Ignoring §751 Recapture

When you sell MLP units, part of your gain is reclassified as ordinary income under §751 — taxed at up to 37%, not capital gains rates. The §751 amount is on your final-year K-1 Sales Schedule.

Mistake #3: Only Entering One K-1 for Energy Transfer

ET unitholders receive 3 K-1s from 3 separate partnerships. Each has a different EIN. The IRS receives all three and flags missing ones.

Mistakes #4-7

Skipping non-resident state returns, netting PTP losses against other passive income, ignoring IRA UBTI above $1,000, and not tracking basis at all.