ETFs and K-1s Tax Reporting

Unfortunately, however, the tax treatment of exchange-traded products cannot be summed up simply as being more efficient than mutual funds. There are various complexities across the different product structures that impact the effective tax liabilities that will be incurred on gains. And there are also some nuances that impact how taxes on various ETP positions must be reported that are of major importance to some financial advisors.

As a general rule, gains and losses for a typical ETP are reported on Form 1099, but there are a number of ETPs that are structured as partnerships and as such, will issue a K-1. Exchange traded funds that utilize futures contracts, whether that be commodity, currency, or volatility, or any other product that is structured as a partnership will send out K-1s. As taxes are such an important part of investing, we outline the complete list of ETFs that issue a K-1 for anyone looking to avoid a more complex tax filing, or simply to educate those on who may be unaware of how their investment is treated from a tax perspective [see also The Ten Commandments of Commodity Investing].

There is a fair amount of confusion over what exactly a K-1 is and what receiving one of these statements means. A K-1 is a tax document used to report share of profits and losses from interests in limited partnerships. These documents become relevant because many exchange-traded products are technically structured as partnerships, meaning that investors are actually limited partners. Partnerships are typically not required to pay taxes directly, instead passing through those obligations to individual partners. They do that by sending a K-1 to partners each year detailing their interest in the operations of the partnership [see also Analyzing Five High Yielding Oil & Gas Pipeline Stocks].

Many investors wish to avoid K-1s primarily because of the inconvenience caused. Schedule K-1 tends to be one of the last documents provided to taxpayers, potentially delaying the timing of their filings. For advisors with hundreds of clients, the administrative burden associated with K-1s can be less-than-optimal. But it should also be noted that receipt of a K-1 generally means a taxable event–even if the related position has not been liquidated. In other words, securities that issue a K-1 may require investors to report and pay taxes on gains annually, even if the security has not been sold.

For some, K-1s are not a significant issue–simply a minor inconvenience. Others try to avoid these schedules at all costs, preferring to use exchange-traded products that can be reported on a Form 1099. Below, we break down the complete list of ETFs that issue a K-1 by their respective asset classes.

Commodity ETPs make up the majority of the K-1 issuing space, as many of these products are structured as partnerships that utilize futures contracts to offer exposure. It should be noted that physically-backed ETPs such as (GLD A-) do not issue K-1s, nor do commodity ETNs. The following table is a list of all commodity ETPs as of February 2015 that issue a K-1.

Currency products also have a strong representation in the K-1 space, as a number utilize futures contracts to fulfill their methodologies. Again, not all currency ETPs issue a K-1; the actively-managed currency ETFs from WisdomTree, ETNs from iPath, and grantor trusts from Rydex allow for avoidance of these documents. The following table is a list of all currency ETPs that issue a K-1 as of February 2015.

The following table shows all other ETPs that issue a K-1, stretching across a few asset classes including equity and alternatives. As a rule of thumb, you should always do careful research before investing in a fund with a complex strategy. Here are the remaining ETPs that issue a K-1 as of February 2015:

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Disclosure: No positions at time of writing.