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Free 2011 Taxes

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Free 2011 Taxes

Free 2011 taxes 3. Free 2011 taxes   Self-Employment Tax Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Who Must Pay Self-Employment Tax?Employed by a U. Free 2011 taxes S. Free 2011 taxes Church Effect of Exclusion Members of the Clergy Income From U. Free 2011 taxes S. Free 2011 taxes Possessions Exemption From Social Security and Medicare Taxes Topics - This chapter discusses: Who must pay self-employment tax, and Who is exempt from self-employment tax. Free 2011 taxes Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 517 Social Security and Other Information for Members of the Clergy and Religious Workers Form (and Instructions) Form 1040-PR Planilla para la Declaración de la Contribución Federal sobre el Trabajo por Cuenta Propia Form 1040-SS U. Free 2011 taxes S. Free 2011 taxes Self-Employment Tax Return Form 4361 Application for Exemption From Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners Schedule SE (Form 1040) Self-Employment Tax See chapter 7 for information about getting these publications and forms. Free 2011 taxes Who Must Pay Self-Employment Tax? If you are a self-employed U. Free 2011 taxes S. Free 2011 taxes citizen or resident, the rules for paying self-employment tax are generally the same whether you are living in the United States or abroad. Free 2011 taxes The self-employment tax is a social security and Medicare tax on net earnings from self- employment. Free 2011 taxes You must pay self-employment tax if your net earnings from self-employment are at least $400. Free 2011 taxes For 2013, the maximum amount of net earnings from self-employment that is subject to the social security portion of the tax is $113,700. Free 2011 taxes All net earnings are subject to the Medicare portion of the tax. Free 2011 taxes Employed by a U. Free 2011 taxes S. Free 2011 taxes Church If you were employed by a U. Free 2011 taxes S. Free 2011 taxes church or a qualified church-controlled organization that chose exemption from social security and Medicare taxes and you received wages of $108. Free 2011 taxes 28 or more from the organization, the amounts paid to you are subject to self-employment tax. Free 2011 taxes However, you can choose to be exempt from social security and Medicare taxes if you are a member of a recognized religious sect. Free 2011 taxes See Publication 517 for more information about church employees and self-employment tax. Free 2011 taxes Effect of Exclusion You must take all of your self-employment income into account in figuring your net earnings from self-employment, even income that is exempt from income tax because of the foreign earned income exclusion. Free 2011 taxes Example. Free 2011 taxes You are in business abroad as a consultant and qualify for the foreign earned income exclusion. Free 2011 taxes Your foreign earned income is $95,000, your business deductions total $27,000, and your net profit is $68,000. Free 2011 taxes You must pay self-employment tax on all of your net profit, including the amount you can exclude from income. Free 2011 taxes Members of the Clergy If you are a member of the clergy, you are treated as self-employed for self-employment tax purposes. Free 2011 taxes Your U. Free 2011 taxes S. Free 2011 taxes self-employment tax is based upon net earnings from self-employment figured without regard to the foreign earned income exclusion or the foreign housing exclusion. Free 2011 taxes You can receive exemption from coverage for your ministerial duties if you conscientiously oppose public insurance due to religious reasons or if you oppose it due to the religious principles of your denomination. Free 2011 taxes You must file Form 4361 to apply for this exemption. Free 2011 taxes This subject is discussed in further detail in Publication 517. Free 2011 taxes Income From U. Free 2011 taxes S. Free 2011 taxes Possessions If you are a U. Free 2011 taxes S. Free 2011 taxes citizen or resident alien and you own and operate a business in Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, American Samoa, or the U. Free 2011 taxes S. Free 2011 taxes Virgin Islands, you must pay tax on your net earnings from self-employment (if they are $400 or more) from those sources. Free 2011 taxes You must pay the self-employment tax whether or not the income is exempt from U. Free 2011 taxes S. Free 2011 taxes income taxes (or whether or not you otherwise must file a U. Free 2011 taxes S. Free 2011 taxes income tax return). Free 2011 taxes Unless your situation is described below, attach Schedule SE (Form 1040) to your U. Free 2011 taxes S. Free 2011 taxes income tax return. Free 2011 taxes If you do not have to file Form 1040 with the United States and you are a resident of any of the U. Free 2011 taxes S. Free 2011 taxes possessions listed in the preceding paragraph, figure your self-employment tax on Form 1040-SS. Free 2011 taxes Residents of Puerto Rico may file the Spanish-language Formulario 1040-PR. Free 2011 taxes If you are not enclosing a check or money order, file your return with the: Department of the Treasury Internal Revenue Service Center Austin, TX 73301-0215 If you are enclosing a check or money order, file your return with the: Department of the Treasury P. Free 2011 taxes O. Free 2011 taxes Box 1303 Charlotte, NC 28201-1303 Exemption From Social Security and Medicare Taxes The United States may reach agreements with foreign countries to eliminate dual coverage and dual contributions (taxes) to social security systems for the same work. Free 2011 taxes See Bilateral Social Security (Totalization) Agreements in chapter 2 under Social Security and Medicare Taxes. Free 2011 taxes As a general rule, self-employed persons who are subject to dual taxation will only be covered by the social security system of the country where they reside. Free 2011 taxes For more information on how any specific agreement affects self-employed persons, contact the United States Social Security Administration, as discussed under Bilateral Social Security (Totalization) Agreements in chapter 2. Free 2011 taxes If your self-employment earnings should be exempt from foreign social security tax and subject only to U. Free 2011 taxes S. Free 2011 taxes self-employment tax, you should request a certificate of coverage from the U. Free 2011 taxes S. Free 2011 taxes Social Security Administration, Office of International Programs. Free 2011 taxes The certificate will establish your exemption from the foreign social security tax. Free 2011 taxes Send the request to the: Social Security Administration Office of International Programs P. Free 2011 taxes O. Free 2011 taxes Box 17741 Baltimore, MD 21235-7741 Prev  Up  Next   Home   More Online Publications
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The Free 2011 Taxes

Free 2011 taxes Publication 541 - Main Content Table of Contents Forming a PartnershipOrganizations Classified as Partnerships Family Partnership Partnership Agreement Terminating a PartnershipIRS e-file (Electronic Filing) Exclusion From Partnership Rules Partnership Return (Form 1065) Partnership DistributionsSubstantially appreciated inventory items. Free 2011 taxes Partner's Gain or Loss Partner's Basis for Distributed Property Transactions Between Partnership and PartnersGuaranteed Payments Sale or Exchange of Property Contribution of Property Contribution of Services Basis of Partner's InterestAdjusted Basis Effect of Partnership Liabilities Disposition of Partner's InterestSale, Exchange, or Other Transfer Payments for Unrealized Receivables and Inventory Items Liquidation at Partner's Retirement or Death Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)Partnership Item. Free 2011 taxes Small Partnerships and the Small Partnership Exception Small Partnership TEFRA Election Role of Tax Matters Partner (TMP) in TEFRA Proceedings Statute of Limitations and TEFRA Amended Returns and Administrative Adjustment Requests (AARs) How To Get Tax Help Forming a Partnership The following sections contain general information about partnerships. Free 2011 taxes Organizations Classified as Partnerships An unincorporated organization with two or more members is generally classified as a partnership for federal tax purposes if its members carry on a trade, business, financial operation, or venture and divide its profits. Free 2011 taxes However, a joint undertaking merely to share expenses is not a partnership. Free 2011 taxes For example, co-ownership of property maintained and rented or leased is not a partnership unless the co-owners provide services to the tenants. Free 2011 taxes The rules you must use to determine whether an organization is classified as a partnership changed for organizations formed after 1996. Free 2011 taxes Organizations formed after 1996. Free 2011 taxes   An organization formed after 1996 is classified as a partnership for federal tax purposes if it has two or more members and it is none of the following. Free 2011 taxes An organization formed under a federal or state law that refers to it as incorporated or as a corporation, body corporate, or body politic. Free 2011 taxes An organization formed under a state law that refers to it as a joint-stock company or joint-stock association. Free 2011 taxes An insurance company. Free 2011 taxes Certain banks. Free 2011 taxes An organization wholly owned by a state, local, or foreign government. Free 2011 taxes An organization specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships). Free 2011 taxes Certain foreign organizations identified in section 301. Free 2011 taxes 7701-2(b)(8) of the regulations. Free 2011 taxes A tax-exempt organization. Free 2011 taxes A real estate investment trust. Free 2011 taxes An organization classified as a trust under section 301. Free 2011 taxes 7701-4 of the regulations or otherwise subject to special treatment under the Internal Revenue Code. Free 2011 taxes Any other organization that elects to be classified as a corporation by filing Form 8832. Free 2011 taxes For more information, see the instructions for Form 8832. Free 2011 taxes Limited liability company. Free 2011 taxes   A limited liability company (LLC) is an entity formed under state law by filing articles of organization as an LLC. Free 2011 taxes Unlike a partnership, none of the members of an LLC are personally liable for its debts. Free 2011 taxes An LLC may be classified for federal income tax purposes as either a partnership, a corporation, or an entity disregarded as an entity separate from its owner by applying the rules in Regulations section 301. Free 2011 taxes 7701-3. Free 2011 taxes See Form 8832 and section 301. Free 2011 taxes 7701-3 of the regulations for more details. Free 2011 taxes A domestic LLC with at least two members that does not file Form 8832 is classified as a partnership for federal income tax purposes. Free 2011 taxes Organizations formed before 1997. Free 2011 taxes   An organization formed before 1997 and classified as a partnership under the old rules will generally continue to be classified as a partnership as long as the organization has at least two members and does not elect to be classified as a corporation by filing Form 8832. Free 2011 taxes Community property. Free 2011 taxes    Spouses who own a qualified entity (defined later) can choose to classify the entity as a partnership for federal tax purposes by filing the appropriate partnership tax returns. Free 2011 taxes They can choose to classify the entity as a sole proprietorship by filing a Schedule C (Form 1040) listing one spouse as the sole proprietor. Free 2011 taxes A change in reporting position will be treated for federal tax purposes as a conversion of the entity. Free 2011 taxes   A qualified entity is a business entity that meets all the following requirements. Free 2011 taxes The business entity is wholly owned by spouses as community property under the laws of a state, a foreign country, or a possession of the United States. Free 2011 taxes No person other than one or both spouses would be considered an owner for federal tax purposes. Free 2011 taxes The business entity is not treated as a corporation. Free 2011 taxes   For more information about community property, see Publication 555, Community Property. Free 2011 taxes Publication 555 discusses the community property laws of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free 2011 taxes Family Partnership Members of a family can be partners. Free 2011 taxes However, family members (or any other person) will be recognized as partners only if one of the following requirements is met. Free 2011 taxes If capital is a material income-producing factor, they acquired their capital interest in a bona fide transaction (even if by gift or purchase from another family member), actually own the partnership interest, and actually control the interest. Free 2011 taxes If capital is not a material income-producing factor, they joined together in good faith to conduct a business. Free 2011 taxes They agreed that contributions of each entitle them to a share in the profits, and some capital or service has been (or is) provided by each partner. Free 2011 taxes Capital is material. Free 2011 taxes   Capital is a material income-producing factor if a substantial part of the gross income of the business comes from the use of capital. Free 2011 taxes Capital is ordinarily an income-producing factor if the operation of the business requires substantial inventories or investments in plants, machinery, or equipment. Free 2011 taxes Capital is not material. Free 2011 taxes   In general, capital is not a material income-producing factor if the income of the business consists principally of fees, commissions, or other compensation for personal services performed by members or employees of the partnership. Free 2011 taxes Capital interest. Free 2011 taxes   A capital interest in a partnership is an interest in its assets that is distributable to the owner of the interest in either of the following situations. Free 2011 taxes The owner withdraws from the partnership. Free 2011 taxes The partnership liquidates. Free 2011 taxes   The mere right to share in earnings and profits is not a capital interest in the partnership. Free 2011 taxes Gift of capital interest. Free 2011 taxes   If a family member (or any other person) receives a gift of a capital interest in a partnership in which capital is a material income-producing factor, the donee's distributive share of partnership income is subject to both of the following restrictions. Free 2011 taxes It must be figured by reducing the partnership income by reasonable compensation for services the donor renders to the partnership. Free 2011 taxes The donee's distributive share of partnership income attributable to donated capital must not be proportionately greater than the donor's distributive share attributable to the donor's capital. Free 2011 taxes Purchase. Free 2011 taxes   For purposes of determining a partner's distributive share, an interest purchased by one family member from another family member is considered a gift from the seller. Free 2011 taxes The fair market value of the purchased interest is considered donated capital. Free 2011 taxes For this purpose, members of a family include only spouses, ancestors, and lineal descendants (or a trust for the primary benefit of those persons). Free 2011 taxes Example. Free 2011 taxes A father sold 50% of his business to his son. Free 2011 taxes The resulting partnership had a profit of $60,000. Free 2011 taxes Capital is a material income-producing factor. Free 2011 taxes The father performed services worth $24,000, which is reasonable compensation, and the son performed no services. Free 2011 taxes The $24,000 must be allocated to the father as compensation. Free 2011 taxes Of the remaining $36,000 of profit due to capital, at least 50%, or $18,000, must be allocated to the father since he owns a 50% capital interest. Free 2011 taxes The son's share of partnership profit cannot be more than $18,000. Free 2011 taxes Business owned and operated by spouses. Free 2011 taxes   If spouses carry on a business together and share in the profits and losses, they may be partners whether or not they have a formal partnership agreement. Free 2011 taxes If so, they should report income or loss from the business on Form 1065. Free 2011 taxes They should not report the income on a Schedule C (Form 1040) in the name of one spouse as a sole proprietor. Free 2011 taxes However, the spouses can elect not to treat the joint venture as a partnership by making a Qualified Joint Venture Election. Free 2011 taxes Qualified Joint Venture Election. Free 2011 taxes   A "qualified joint venture," whose only members are spouses filing a joint return, can elect not to be treated as a partnership for federal tax purposes. Free 2011 taxes A qualified joint venture conducts a trade or business where: the only members of the joint venture are spouses filing jointly; both spouses elect not to be treated as a partnership; both spouses materially participate in the trade or business (see Passive Activity Limitations in the Instructions for Form 1065 for a definition of material participation); and the business is co-owned by both spouses and is not held in the name of a state law entity such as a partnership or LLC. Free 2011 taxes   Under this election, a qualified joint venture conducted by spouses who file a joint return is not treated as a partnership for federal tax purposes and therefore does not have a Form 1065 filing requirement. Free 2011 taxes All items of income, gain, deduction, loss, and credit are divided between the spouses based on their respective interests in the venture. Free 2011 taxes Each spouse takes into account his or her respective share of these items as a sole proprietor. Free 2011 taxes Each spouse would account for his or her respective share on the appropriate form, such as Schedule C (Form 1040). Free 2011 taxes For purposes of determining net earnings from self-employment, each spouse's share of income or loss from a qualified joint venture is taken into account just as it is for federal income tax purposes (i. Free 2011 taxes e. Free 2011 taxes , based on their respective interests in the venture). Free 2011 taxes   If the spouses do not make the election to treat their respective interests in the joint venture as sole proprietorships, each spouse should carry his or her share of the partnership income or loss from Schedule K-1 (Form 1065) to their joint or separate Form(s) 1040. Free 2011 taxes Each spouse should include his or her respective share of self-employment income on a separate Schedule SE (Form 1040), Self-Employment Tax. Free 2011 taxes   This generally does not increase the total tax on the return, but it does give each spouse credit for social security earnings on which retirement benefits are based. Free 2011 taxes However, this may not be true if either spouse exceeds the social security tax limitation. Free 2011 taxes   For more information on qualified joint ventures, go to IRS. Free 2011 taxes gov, enter “Election for Qualified Joint Ventures” in the search box and select the link reading “Election for Husband and Wife Unincorporated Businesses. Free 2011 taxes ” Partnership Agreement The partnership agreement includes the original agreement and any modifications. Free 2011 taxes The modifications must be agreed to by all partners or adopted in any other manner provided by the partnership agreement. Free 2011 taxes The agreement or modifications can be oral or written. Free 2011 taxes Partners can modify the partnership agreement for a particular tax year after the close of the year but not later than the date for filing the partnership return for that year. Free 2011 taxes This filing date does not include any extension of time. Free 2011 taxes If the partnership agreement or any modification is silent on any matter, the provisions of local law are treated as part of the agreement. Free 2011 taxes Terminating a Partnership A partnership terminates when one of the following events takes place. Free 2011 taxes All its operations are discontinued and no part of any business, financial operation, or venture is continued by any of its partners in a partnership. Free 2011 taxes At least 50% of the total interest in partnership capital and profits is sold or exchanged within a 12-month period, including a sale or exchange to another partner. Free 2011 taxes Unlike other partnerships, an electing large partnership does not terminate on the sale or exchange of 50% or more of the partnership interests within a 12-month period. Free 2011 taxes See section 1. Free 2011 taxes 708-1(b) of the regulations for more information on the termination of a partnership. Free 2011 taxes For special rules that apply to a merger, consolidation, or division of a partnership, see sections 1. Free 2011 taxes 708-1(c) and 1. Free 2011 taxes 708-1(d) of the regulations. Free 2011 taxes Date of termination. Free 2011 taxes   The partnership's tax year ends on the date of termination. Free 2011 taxes For the event described in (1), above, the date of termination is the date the partnership completes the winding up of its affairs. Free 2011 taxes For the event described in (2), above, the date of termination is the date of the sale or exchange of a partnership interest that, by itself or together with other sales or exchanges in the preceding 12 months, transfers an interest of 50% or more in both capital and profits. Free 2011 taxes Short period return. Free 2011 taxes   If a partnership is terminated before the end of what would otherwise be its tax year, Form 1065 must be filed for the short period, which is the period from the beginning of the tax year through the date of termination. Free 2011 taxes The return is due the 15th day of the fourth month following the date of termination. Free 2011 taxes See Partnership Return (Form 1065), later, for information about filing Form 1065. Free 2011 taxes Conversion of partnership into limited liability company (LLC). Free 2011 taxes   The conversion of a partnership into an LLC classified as a partnership for federal tax purposes does not terminate the partnership. Free 2011 taxes The conversion is not a sale, exchange, or liquidation of any partnership interest; the partnership's tax year does not close; and the LLC can continue to use the partnership's taxpayer identification number. Free 2011 taxes   However, the conversion may change some of the partners' bases in their partnership interests if the partnership has recourse liabilities that become nonrecourse liabilities. Free 2011 taxes Because the partners share recourse and nonrecourse liabilities differently, their bases must be adjusted to reflect the new sharing ratios. Free 2011 taxes If a decrease in a partner's share of liabilities exceeds the partner's basis, he or she must recognize gain on the excess. Free 2011 taxes For more information, see Effect of Partnership Liabilities under Basis of Partner's Interest, later. Free 2011 taxes   The same rules apply if an LLC classified as a partnership is converted into a partnership. Free 2011 taxes IRS e-file (Electronic Filing) Please click here for the text description of the image. Free 2011 taxes e-file Certain partnerships with more than 100 partners are required to file Form 1065, Schedules K-1, and related forms and schedules electronically (e-file). Free 2011 taxes Other partnerships generally have the option to file electronically. Free 2011 taxes For details about IRS e-file, see the Form 1065 instructions. Free 2011 taxes Exclusion From Partnership Rules Certain partnerships that do not actively conduct a business can choose to be completely or partially excluded from being treated as partnerships for federal income tax purposes. Free 2011 taxes All the partners must agree to make the choice, and the partners must be able to compute their own taxable income without computing the partnership's income. Free 2011 taxes However, the partners are not exempt from the rule that limits a partner's distributive share of partnership loss to the adjusted basis of the partner's partnership interest. Free 2011 taxes Nor are they exempt from the requirement of a business purpose for adopting a tax year for the partnership that differs from its required tax year. Free 2011 taxes Investing partnership. Free 2011 taxes   An investing partnership can be excluded if the participants in the joint purchase, retention, sale, or exchange of investment property meet all the following requirements. Free 2011 taxes They own the property as co-owners. Free 2011 taxes They reserve the right separately to take or dispose of their shares of any property acquired or retained. Free 2011 taxes They do not actively conduct business or irrevocably authorize some person acting in a representative capacity to purchase, sell, or exchange the investment property. Free 2011 taxes Each separate participant can delegate authority to purchase, sell, or exchange his or her share of the investment property for the time being for his or her account, but not for a period of more than a year. Free 2011 taxes Operating agreement partnership. Free 2011 taxes   An operating agreement partnership group can be excluded if the participants in the joint production, extraction, or use of property meet all the following requirements. Free 2011 taxes They own the property as co-owners, either in fee or under lease or other form of contract granting exclusive operating rights. Free 2011 taxes They reserve the right separately to take in kind or dispose of their shares of any property produced, extracted, or used. Free 2011 taxes They do not jointly sell services or the property produced or extracted. Free 2011 taxes Each separate participant can delegate authority to sell his or her share of the property produced or extracted for the time being for his or her account, but not for a period of time in excess of the minimum needs of the industry, and in no event for more than one year. Free 2011 taxes However, this exclusion does not apply to an unincorporated organization one of whose principal purposes is cycling, manufacturing, or processing for persons who are not members of the organization. Free 2011 taxes Electing the exclusion. Free 2011 taxes   An eligible organization that wishes to be excluded from the partnership rules must make the election not later than the time for filing the partnership return for the first tax year for which exclusion is desired. Free 2011 taxes This filing date includes any extension of time. Free 2011 taxes See Regulations section 1. Free 2011 taxes 761-2(b) for the procedures to follow. Free 2011 taxes Partnership Return (Form 1065) Every partnership that engages in a trade or business or has gross income must file an information return on Form 1065 showing its income, deductions, and other required information. Free 2011 taxes The partnership return must show the names and addresses of each partner and each partner's distributive share of taxable income. Free 2011 taxes The return must be signed by a general partner. Free 2011 taxes If a limited liability company is treated as a partnership, it must file Form 1065 and one of its members must sign the return. Free 2011 taxes A partnership is not considered to engage in a trade or business, and is not required to file a Form 1065, for any tax year in which it neither receives income nor pays or incurs any expenses treated as deductions or credits for federal income tax purposes. Free 2011 taxes See the Instructions for Form 1065 for more information about who must file Form 1065. Free 2011 taxes Partnership Distributions Partnership distributions include the following. Free 2011 taxes A withdrawal by a partner in anticipation of the current year's earnings. Free 2011 taxes A distribution of the current year's or prior years' earnings not needed for working capital. Free 2011 taxes A complete or partial liquidation of a partner's interest. Free 2011 taxes A distribution to all partners in a complete liquidation of the partnership. Free 2011 taxes A partnership distribution is not taken into account in determining the partner's distributive share of partnership income or loss. Free 2011 taxes If any gain or loss from the distribution is recognized by the partner, it must be reported on his or her return for the tax year in which the distribution is received. Free 2011 taxes Money or property withdrawn by a partner in anticipation of the current year's earnings is treated as a distribution received on the last day of the partnership's tax year. Free 2011 taxes Effect on partner's basis. Free 2011 taxes   A partner's adjusted basis in his or her partnership interest is decreased (but not below zero) by the money and adjusted basis of property distributed to the partner. Free 2011 taxes See Adjusted Basis under Basis of Partner's Interest, later. Free 2011 taxes Effect on partnership. Free 2011 taxes   A partnership generally does not recognize any gain or loss because of distributions it makes to partners. Free 2011 taxes The partnership may be able to elect to adjust the basis of its undistributed property. Free 2011 taxes Certain distributions treated as a sale or exchange. Free 2011 taxes   When a partnership distributes the following items, the distribution may be treated as a sale or exchange of property rather than a distribution. Free 2011 taxes Unrealized receivables or substantially appreciated inventory items distributed in exchange for any part of the partner's interest in other partnership property, including money. Free 2011 taxes Other property (including money) distributed in exchange for any part of a partner's interest in unrealized receivables or substantially appreciated inventory items. Free 2011 taxes   See Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Free 2011 taxes   This treatment does not apply to the following distributions. Free 2011 taxes A distribution of property to the partner who contributed the property to the partnership. Free 2011 taxes Payments made to a retiring partner or successor in interest of a deceased partner that are the partner's distributive share of partnership income or guaranteed payments. Free 2011 taxes Substantially appreciated inventory items. Free 2011 taxes   Inventory items of the partnership are considered to have appreciated substantially in value if, at the time of the distribution, their total fair market value is more than 120% of the partnership's adjusted basis for the property. Free 2011 taxes However, if a principal purpose for acquiring inventory property is to avoid ordinary income treatment by reducing the appreciation to less than 120%, that property is excluded. Free 2011 taxes Partner's Gain or Loss A partner generally recognizes gain on a partnership distribution only to the extent any money (and marketable securities treated as money) included in the distribution exceeds the adjusted basis of the partner's interest in the partnership. Free 2011 taxes Any gain recognized is generally treated as capital gain from the sale of the partnership interest on the date of the distribution. Free 2011 taxes If partnership property (other than marketable securities treated as money) is distributed to a partner, he or she generally does not recognize any gain until the sale or other disposition of the property. Free 2011 taxes For exceptions to these rules, see Distribution of partner's debt and Net precontribution gain, later. Free 2011 taxes Also, see Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Free 2011 taxes Example. Free 2011 taxes The adjusted basis of Jo's partnership interest is $14,000. Free 2011 taxes She receives a distribution of $8,000 cash and land that has an adjusted basis of $2,000 and a fair market value of $3,000. Free 2011 taxes Because the cash received does not exceed the basis of her partnership interest, Jo does not recognize any gain on the distribution. Free 2011 taxes Any gain on the land will be recognized when she sells or otherwise disposes of it. Free 2011 taxes The distribution decreases the adjusted basis of Jo's partnership interest to $4,000 [$14,000 − ($8,000 + $2,000)]. Free 2011 taxes Marketable securities treated as money. Free 2011 taxes   Generally, a marketable security distributed to a partner is treated as money in determining whether gain is recognized on the distribution. Free 2011 taxes This treatment, however, does not generally apply if that partner contributed the security to the partnership or an investment partnership made the distribution to an eligible partner. Free 2011 taxes   The amount treated as money is the security's fair market value when distributed, reduced (but not below zero) by the excess (if any) of: The partner's distributive share of the gain that would be recognized had the partnership sold all its marketable securities at their fair market value immediately before the transaction resulting in the distribution, over The partner's distributive share of the gain that would be recognized had the partnership sold all such securities it still held after the distribution at the fair market value in (1). Free 2011 taxes   For more information, including the definition of marketable securities, see section 731(c) of the Internal Revenue Code. Free 2011 taxes Loss on distribution. Free 2011 taxes   A partner does not recognize loss on a partnership distribution unless all the following requirements are met. Free 2011 taxes The adjusted basis of the partner's interest in the partnership exceeds the distribution. Free 2011 taxes The partner's entire interest in the partnership is liquidated. Free 2011 taxes The distribution is in money, unrealized receivables, or inventory items. Free 2011 taxes   There are exceptions to these general rules. Free 2011 taxes See the following discussions. Free 2011 taxes Also, see Liquidation at Partner's Retirement or Death under Disposition of Partner's Interest, later. Free 2011 taxes Distribution of partner's debt. Free 2011 taxes   If a partnership acquires a partner's debt and extinguishes the debt by distributing it to the partner, the partner will recognize capital gain or loss to the extent the fair market value of the debt differs from the basis of the debt (determined under the rules discussed in Partner's Basis for Distributed Property, later). Free 2011 taxes   The partner is treated as having satisfied the debt for its fair market value. Free 2011 taxes If the issue price (adjusted for any premium or discount) of the debt exceeds its fair market value when distributed, the partner may have to include the excess amount in income as canceled debt. Free 2011 taxes   Similarly, a deduction may be available to a corporate partner if the fair market value of the debt at the time of distribution exceeds its adjusted issue price. Free 2011 taxes Net precontribution gain. Free 2011 taxes   A partner generally must recognize gain on the distribution of property (other than money) if the partner contributed appreciated property to the partnership during the 7-year period before the distribution. Free 2011 taxes   The gain recognized is the lesser of the following amounts. Free 2011 taxes The excess of: The fair market value of the property received in the distribution, over The adjusted basis of the partner's interest in the partnership immediately before the distribution, reduced (but not below zero) by any money received in the distribution. Free 2011 taxes The “net precontribution gain” of the partner. Free 2011 taxes This is the net gain the partner would recognize if all the property contributed by the partner within 7 years of the distribution, and held by the partnership immediately before the distribution, were distributed to another partner, other than a partner who owns more than 50% of the partnership. Free 2011 taxes For information about the distribution of contributed property to another partner, see Contribution of Property , under Transactions Between Partnership and Partners, later. Free 2011 taxes   The character of the gain is determined by reference to the character of the net precontribution gain. Free 2011 taxes This gain is in addition to any gain the partner must recognize if the money distributed is more than his or her basis in the partnership. Free 2011 taxes For these rules, the term “money” includes marketable securities treated as money, as discussed earlier. Free 2011 taxes Effect on basis. Free 2011 taxes   The adjusted basis of the partner's interest in the partnership is increased by any net precontribution gain recognized by the partner. Free 2011 taxes Other than for purposes of determining the gain, the increase is treated as occurring immediately before the distribution. Free 2011 taxes See Basis of Partner's Interest , later. Free 2011 taxes   The partnership must adjust its basis in any property the partner contributed within 7 years of the distribution to reflect any gain that partner recognizes under this rule. Free 2011 taxes Exceptions. Free 2011 taxes   Any part of a distribution that is property the partner previously contributed to the partnership is not taken into account in determining the amount of the excess distribution or the partner's net precontribution gain. Free 2011 taxes For this purpose, the partner's previously contributed property does not include a contributed interest in an entity to the extent its value is due to property contributed to the entity after the interest was contributed to the partnership. Free 2011 taxes   Recognition of gain under this rule also does not apply to a distribution of unrealized receivables or substantially appreciated inventory items if the distribution is treated as a sale or exchange, as discussed earlier. Free 2011 taxes Partner's Basis for Distributed Property Unless there is a complete liquidation of a partner's interest, the basis of property (other than money) distributed to the partner by a partnership is its adjusted basis to the partnership immediately before the distribution. Free 2011 taxes However, the basis of the property to the partner cannot be more than the adjusted basis of his or her interest in the partnership reduced by any money received in the same transaction. Free 2011 taxes Example 1. Free 2011 taxes The adjusted basis of Emily's partnership interest is $30,000. Free 2011 taxes She receives a distribution of property that has an adjusted basis of $20,000 to the partnership and $4,000 in cash. Free 2011 taxes Her basis for the property is $20,000. Free 2011 taxes Example 2. Free 2011 taxes The adjusted basis of Steve's partnership interest is $10,000. Free 2011 taxes He receives a distribution of $4,000 cash and property that has an adjusted basis to the partnership of $8,000. Free 2011 taxes His basis for the distributed property is limited to $6,000 ($10,000 − $4,000, the cash he receives). Free 2011 taxes Complete liquidation of partner's interest. Free 2011 taxes   The basis of property received in complete liquidation of a partner's interest is the adjusted basis of the partner's interest in the partnership reduced by any money distributed to the partner in the same transaction. Free 2011 taxes Partner's holding period. Free 2011 taxes   A partner's holding period for property distributed to the partner includes the period the property was held by the partnership. Free 2011 taxes If the property was contributed to the partnership by a partner, then the period it was held by that partner is also included. Free 2011 taxes Basis divided among properties. Free 2011 taxes   If the basis of property received is the adjusted basis of the partner's interest in the partnership (reduced by money received in the same transaction), it must be divided among the properties distributed to the partner. Free 2011 taxes For property distributed after August 5, 1997, allocate the basis using the following rules. Free 2011 taxes Allocate the basis first to unrealized receivables and inventory items included in the distribution by assigning a basis to each item equal to the partnership's adjusted basis in the item immediately before the distribution. Free 2011 taxes If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Free 2011 taxes Allocate any remaining basis to properties other than unrealized receivables and inventory items by assigning a basis to each property equal to the partnership's adjusted basis in the property immediately before the distribution. Free 2011 taxes If the allocable basis exceeds the total of these assigned bases, increase the assigned bases by the amount of the excess. Free 2011 taxes If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Free 2011 taxes Allocating a basis increase. Free 2011 taxes   Allocate any basis increase required in rule (2), above, first to properties with unrealized appreciation to the extent of the unrealized appreciation. Free 2011 taxes If the basis increase is less than the total unrealized appreciation, allocate it among those properties in proportion to their respective amounts of unrealized appreciation. Free 2011 taxes Allocate any remaining basis increase among all the properties in proportion to their respective fair market values. Free 2011 taxes Example. Free 2011 taxes Eun's basis in her partnership interest is $55,000. Free 2011 taxes In a distribution in liquidation of her entire interest, she receives properties A and B, neither of which is inventory or unrealized receivables. Free 2011 taxes Property A has an adjusted basis to the partnership of $5,000 and a fair market value of $40,000. Free 2011 taxes Property B has an adjusted basis to the partnership of $10,000 and a fair market value of $10,000. Free 2011 taxes To figure her basis in each property, Eun first assigns bases of $5,000 to property A and $10,000 to property B (their adjusted bases to the partnership). Free 2011 taxes This leaves a $40,000 basis increase (the $55,000 allocable basis minus the $15,000 total of the assigned bases). Free 2011 taxes She first allocates $35,000 to property A (its unrealized appreciation). Free 2011 taxes The remaining $5,000 is allocated between the properties based on their fair market values. Free 2011 taxes $4,000 ($40,000/$50,000) is allocated to property A and $1,000 ($10,000/$50,000) is allocated to property B. Free 2011 taxes Eun's basis in property A is $44,000 ($5,000 + $35,000 + $4,000) and her basis in property B is $11,000 ($10,000 + $1,000). Free 2011 taxes Allocating a basis decrease. Free 2011 taxes   Use the following rules to allocate any basis decrease required in rule (1) or rule (2), earlier. Free 2011 taxes Allocate the basis decrease first to items with unrealized depreciation to the extent of the unrealized depreciation. Free 2011 taxes If the basis decrease is less than the total unrealized depreciation, allocate it among those items in proportion to their respective amounts of unrealized depreciation. Free 2011 taxes Allocate any remaining basis decrease among all the items in proportion to their respective assigned basis amounts (as decreased in (1)). Free 2011 taxes Example. Free 2011 taxes Armando's basis in his partnership interest is $20,000. Free 2011 taxes In a distribution in liquidation of his entire interest, he receives properties C and D, neither of which is inventory or unrealized receivables. Free 2011 taxes Property C has an adjusted basis to the partnership of $15,000 and a fair market value of $15,000. Free 2011 taxes Property D has an adjusted basis to the partnership of $15,000 and a fair market value of $5,000. Free 2011 taxes To figure his basis in each property, Armando first assigns bases of $15,000 to property C and $15,000 to property D (their adjusted bases to the partnership). Free 2011 taxes This leaves a $10,000 basis decrease (the $30,000 total of the assigned bases minus the $20,000 allocable basis). Free 2011 taxes He allocates the entire $10,000 to property D (its unrealized depreciation). Free 2011 taxes Armando's basis in property C is $15,000 and his basis in property D is $5,000 ($15,000 − $10,000). Free 2011 taxes Distributions before August 6, 1997. Free 2011 taxes   For property distributed before August 6, 1997, allocate the basis using the following rules. Free 2011 taxes Allocate the basis first to unrealized receivables and inventory items included in the distribution to the extent of the partnership's adjusted basis in those items. Free 2011 taxes If the partnership's adjusted basis in those items exceeded the allocable basis, allocate the basis among the items in proportion to their adjusted bases to the partnership. Free 2011 taxes Allocate any remaining basis to other distributed properties in proportion to their adjusted bases to the partnership. Free 2011 taxes Partner's interest more than partnership basis. Free 2011 taxes   If the basis of a partner's interest to be divided in a complete liquidation of the partner's interest is more than the partnership's adjusted basis for the unrealized receivables and inventory items distributed, and if no other property is distributed to which the partner can apply the remaining basis, the partner has a capital loss to the extent of the remaining basis of the partnership interest. Free 2011 taxes Special adjustment to basis. Free 2011 taxes   A partner who acquired any part of his or her partnership interest in a sale or exchange or upon the death of another partner may be able to choose a special basis adjustment for property distributed by the partnership. Free 2011 taxes To choose the special adjustment, the partner must have received the distribution within 2 years after acquiring the partnership interest. Free 2011 taxes Also, the partnership must not have chosen the optional adjustment to basis when the partner acquired the partnership interest. Free 2011 taxes   If a partner chooses this special basis adjustment, the partner's basis for the property distributed is the same as it would have been if the partnership had chosen the optional adjustment to basis. Free 2011 taxes However, this assigned basis is not reduced by any depletion or depreciation that would have been allowed or allowable if the partnership had previously chosen the optional adjustment. Free 2011 taxes   The choice must be made with the partner's tax return for the year of the distribution if the distribution includes any property subject to depreciation, depletion, or amortization. Free 2011 taxes If the choice does not have to be made for the distribution year, it must be made with the return for the first year in which the basis of the distributed property is pertinent in determining the partner's income tax. Free 2011 taxes   A partner choosing this special basis adjustment must attach a statement to his or her tax return that the partner chooses under section 732(d) of the Internal Revenue Code to adjust the basis of property received in a distribution. Free 2011 taxes The statement must show the computation of the special basis adjustment for the property distributed and list the properties to which the adjustment has been allocated. Free 2011 taxes Example. Free 2011 taxes Chin Ho purchased a 25% interest in X partnership for $17,000 cash. Free 2011 taxes At the time of the purchase, the partnership owned inventory having a basis to the partnership of $14,000 and a fair market value of $16,000. Free 2011 taxes Thus, $4,000 of the $17,000 he paid was attributable to his share of inventory with a basis to the partnership of $3,500. Free 2011 taxes Within 2 years after acquiring his interest, Chin Ho withdrew from the partnership and for his entire interest received cash of $1,500, inventory with a basis to the partnership of $3,500, and other property with a basis of $6,000. Free 2011 taxes The value of the inventory received was 25% of the value of all partnership inventory. Free 2011 taxes (It is immaterial whether the inventory he received was on hand when he acquired his interest. Free 2011 taxes ) Since the partnership from which Chin Ho withdrew did not make the optional adjustment to basis, he chose to adjust the basis of the inventory received. Free 2011 taxes His share of the partnership's basis for the inventory is increased by $500 (25% of the $2,000 difference between the $16,000 fair market value of the inventory and its $14,000 basis to the partnership at the time he acquired his interest). Free 2011 taxes The adjustment applies only for purposes of determining his new basis in the inventory, and not for purposes of partnership gain or loss on disposition. Free 2011 taxes The total to be allocated among the properties Chin Ho received in the distribution is $15,500 ($17,000 basis of his interest − $1,500 cash received). Free 2011 taxes His basis in the inventory items is $4,000 ($3,500 partnership basis + $500 special adjustment). Free 2011 taxes The remaining $11,500 is allocated to his new basis for the other property he received. Free 2011 taxes Mandatory adjustment. Free 2011 taxes   A partner does not always have a choice of making this special adjustment to basis. Free 2011 taxes The special adjustment to basis must be made for a distribution of property (whether or not within 2 years after the partnership interest was acquired) if all the following conditions existed when the partner received the partnership interest. Free 2011 taxes The fair market value of all partnership property (other than money) was more than 110% of its adjusted basis to the partnership. Free 2011 taxes If there had been a liquidation of the partner's interest immediately after it was acquired, an allocation of the basis of that interest under the general rules (discussed earlier under Basis divided among properties) would have decreased the basis of property that could not be depreciated, depleted, or amortized and increased the basis of property that could be. Free 2011 taxes The optional basis adjustment, if it had been chosen by the partnership, would have changed the partner's basis for the property actually distributed. Free 2011 taxes Required statement. Free 2011 taxes   Generally, if a partner chooses a special basis adjustment and notifies the partnership, or if the partnership makes a distribution for which the special basis adjustment is mandatory, the partnership must provide a statement to the partner. Free 2011 taxes The statement must provide information necessary for the partner to compute the special basis adjustment. Free 2011 taxes Marketable securities. Free 2011 taxes   A partner's basis in marketable securities received in a partnership distribution, as determined in the preceding discussions, is increased by any gain recognized by treating the securities as money. Free 2011 taxes See Marketable securities treated as money under Partner's Gain or Loss, earlier. Free 2011 taxes The basis increase is allocated among the securities in proportion to their respective amounts of unrealized appreciation before the basis increase. Free 2011 taxes Transactions Between Partnership and Partners For certain transactions between a partner and his or her partnership, the partner is treated as not being a member of the partnership. Free 2011 taxes These transactions include the following. Free 2011 taxes Performing services for, or transferring property to, a partnership if: There is a related allocation and distribution to a partner, and The entire transaction, when viewed together, is properly characterized as occurring between the partnership and a partner not acting in the capacity of a partner. Free 2011 taxes Transferring money or other property to a partnership if: There is a related transfer of money or other property by the partnership to the contributing partner or another partner, and The transfers together are properly characterized as a sale or exchange of property. Free 2011 taxes Payments by accrual basis partnership to cash basis partner. Free 2011 taxes   A partnership that uses an accrual method of accounting cannot deduct any business expense owed to a cash basis partner until the amount is paid. Free 2011 taxes However, this rule does not apply to guaranteed payments made to a partner, which are generally deductible when accrued. Free 2011 taxes Guaranteed Payments Guaranteed payments are those made by a partnership to a partner that are determined without regard to the partnership's income. Free 2011 taxes A partnership treats guaranteed payments for services, or for the use of capital, as if they were made to a person who is not a partner. Free 2011 taxes This treatment is for purposes of determining gross income and deductible business expenses only. Free 2011 taxes For other tax purposes, guaranteed payments are treated as a partner's distributive share of ordinary income. Free 2011 taxes Guaranteed payments are not subject to income tax withholding. Free 2011 taxes The partnership generally deducts guaranteed payments on line 10 of Form 1065 as a business expense. Free 2011 taxes They are also listed on Schedules K and K-1 of the partnership return. Free 2011 taxes The individual partner reports guaranteed payments on Schedule E (Form 1040) as ordinary income, along with his or her distributive share of the partnership's other ordinary income. Free 2011 taxes Guaranteed payments made to partners for organizing the partnership or syndicating interests in the partnership are capital expenses. Free 2011 taxes Generally, organizational and syndication expenses are not deductible by the partnership. Free 2011 taxes However, a partnership can elect to deduct a portion of its organizational expenses and amortize the remaining expenses (see Business start-up and organizational costs in the Instructions for Form 1065). Free 2011 taxes Organizational expenses (if the election is not made) and syndication expenses paid to partners must be reported on the partners' Schedule K-1 as guaranteed payments. Free 2011 taxes Minimum payment. Free 2011 taxes   If a partner is to receive a minimum payment from the partnership, the guaranteed payment is the amount by which the minimum payment is more than the partner's distributive share of the partnership income before taking into account the guaranteed payment. Free 2011 taxes Example. Free 2011 taxes Under a partnership agreement, Divya is to receive 30% of the partnership income, but not less than $8,000. Free 2011 taxes The partnership has net income of $20,000. Free 2011 taxes Divya's share, without regard to the minimum guarantee, is $6,000 (30% × $20,000). Free 2011 taxes The guaranteed payment that can be deducted by the partnership is $2,000 ($8,000 − $6,000). Free 2011 taxes Divya's income from the partnership is $8,000, and the remaining $12,000 of partnership income will be reported by the other partners in proportion to their shares under the partnership agreement. Free 2011 taxes If the partnership net income had been $30,000, there would have been no guaranteed payment since her share, without regard to the guarantee, would have been greater than the guarantee. Free 2011 taxes Self-employed health insurance premiums. Free 2011 taxes   Premiums for health insurance paid by a partnership on behalf of a partner, for services as a partner, are treated as guaranteed payments. Free 2011 taxes The partnership can deduct the payments as a business expense, and the partner must include them in gross income. Free 2011 taxes However, if the partnership accounts for insurance paid for a partner as a reduction in distributions to the partner, the partnership cannot deduct the premiums. Free 2011 taxes   A partner who qualifies can deduct 100% of the health insurance premiums paid by the partnership on his or her behalf as an adjustment to income. Free 2011 taxes The partner cannot deduct the premiums for any calendar month, or part of a month, in which the partner is eligible to participate in any subsidized health plan maintained by any employer of the partner, the partner's spouse, the partner's dependents, or any children under age 27 who are not dependents. Free 2011 taxes For more information on the self-employed health insurance deduction, see chapter 6 in Publication 535. Free 2011 taxes Including payments in partner's income. Free 2011 taxes   Guaranteed payments are included in income in the partner's tax year in which the partnership's tax year ends. Free 2011 taxes Example 1. Free 2011 taxes Under the terms of a partnership agreement, Erica is entitled to a fixed annual payment of $10,000 without regard to the income of the partnership. Free 2011 taxes Her distributive share of the partnership income is 10%. Free 2011 taxes The partnership has $50,000 of ordinary income after deducting the guaranteed payment. Free 2011 taxes She must include ordinary income of $15,000 ($10,000 guaranteed payment + $5,000 ($50,000 × 10%) distributive share) on her individual income tax return for her tax year in which the partnership's tax year ends. Free 2011 taxes Example 2. Free 2011 taxes Lamont is a calendar year taxpayer who is a partner in a partnership. Free 2011 taxes The partnership uses a fiscal year that ended January 31, 2013. Free 2011 taxes Lamont received guaranteed payments from the partnership from February 1, 2012, until December 31, 2012. Free 2011 taxes He must include these guaranteed payments in income for 2013 and report them on his 2013 income tax return. Free 2011 taxes Payments resulting in loss. Free 2011 taxes   If guaranteed payments to a partner result in a partnership loss in which the partner shares, the partner must report the full amount of the guaranteed payments as ordinary income. Free 2011 taxes The partner separately takes into account his or her distributive share of the partnership loss, to the extent of the adjusted basis of the partner's partnership interest. Free 2011 taxes Sale or Exchange of Property Special rules apply to a sale or exchange of property between a partnership and certain persons. Free 2011 taxes Losses. Free 2011 taxes   Losses will not be allowed from a sale or exchange of property (other than an interest in the partnership) directly or indirectly between a partnership and a person whose direct or indirect interest in the capital or profits of the partnership is more than 50%. Free 2011 taxes   If the sale or exchange is between two partnerships in which the same persons directly or indirectly own more than 50% of the capital or profits interests in each partnership, no deduction of a loss is allowed. Free 2011 taxes   The basis of each partner's interest in the partnership is decreased (but not below zero) by the partner's share of the disallowed loss. Free 2011 taxes   If the purchaser later sells the property, only the gain realized that is greater than the loss not allowed will be taxable. Free 2011 taxes If any gain from the sale of the property is not recognized because of this rule, the basis of each partner's interest in the partnership is increased by the partner's share of that gain. Free 2011 taxes Gains. Free 2011 taxes   Gains are treated as ordinary income in a sale or exchange of property directly or indirectly between a person and a partnership, or between two partnerships, if both of the following tests are met. Free 2011 taxes More than 50% of the capital or profits interest in the partnership(s) is directly or indirectly owned by the same person(s). Free 2011 taxes The property in the hands of the transferee immediately after the transfer is not a capital asset. Free 2011 taxes Property that is not a capital asset includes accounts receivable, inventory, stock-in-trade, and depreciable or real property used in a trade or business. Free 2011 taxes More than 50% ownership. Free 2011 taxes   To determine if there is more than 50% ownership in partnership capital or profits, the following rules apply. Free 2011 taxes An interest directly or indirectly owned by, or for, a corporation, partnership, estate, or trust is considered to be owned proportionately by, or for, its shareholders, partners, or beneficiaries. Free 2011 taxes An individual is considered to own the interest directly or indirectly owned by, or for, the individual's family. Free 2011 taxes For this rule, “family” includes only brothers, sisters, half-brothers, half-sisters, spouses, ancestors, and lineal descendants. Free 2011 taxes If a person is considered to own an interest using rule (1), that person (the “constructive owner”) is treated as if actually owning that interest when rules (1) and (2) are applied. Free 2011 taxes However, if a person is considered to own an interest using rule (2), that person is not treated as actually owning that interest in reapplying rule (2) to make another person the constructive owner. Free 2011 taxes Example. Free 2011 taxes Individuals A and B and Trust T are equal partners in Partnership ABT. Free 2011 taxes A's husband, AH, is the sole beneficiary of Trust T. Free 2011 taxes Trust T's partnership interest will be attributed to AH only for the purpose of further attributing the interest to A. Free 2011 taxes As a result, A is a more-than-50% partner. Free 2011 taxes This means that any deduction for losses on transactions between her and ABT will not be allowed, and gain from property that in the hands of the transferee is not a capital asset is treated as ordinary, rather than capital, gain. Free 2011 taxes More information. Free 2011 taxes   For more information on these special rules, see Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Free 2011 taxes Contribution of Property Usually, neither the partner nor the partnership recognizes a gain or loss when property is contributed to the partnership in exchange for a partnership interest. Free 2011 taxes This applies whether a partnership is being formed or is already operating. Free 2011 taxes The partnership's holding period for the property includes the partner's holding period. Free 2011 taxes The contribution of limited partnership interests in one partnership for limited partnership interests in another partnership qualifies as a tax-free contribution of property to the second partnership if the transaction is made for business purposes. Free 2011 taxes The exchange is not subject to the rules explained later under Disposition of Partner's Interest. Free 2011 taxes Disguised sales. Free 2011 taxes   A contribution of money or other property to the partnership followed by a distribution of different property from the partnership to the partner is treated not as a contribution and distribution, but as a sale of property, if both of the following tests are met. Free 2011 taxes The distribution would not have been made but for the contribution. Free 2011 taxes The partner's right to the distribution does not depend on the success of partnership operations. Free 2011 taxes   All facts and circumstances are considered in determining if the contribution and distribution are more properly characterized as a sale. Free 2011 taxes However, if the contribution and distribution occur within 2 years of each other, the transfers are presumed to be a sale unless the facts clearly indicate that the transfers are not a sale. Free 2011 taxes If the contribution and distribution occur more than 2 years apart, the transfers are presumed not to be a sale unless the facts clearly indicate that the transfers are a sale. Free 2011 taxes Form 8275 required. Free 2011 taxes   A partner must attach Form 8275, Disclosure Statement, (or other statement) to his or her return if the partner contributes property to a partnership and, within 2 years (before or after the contribution), the partnership transfers money or other consideration to the partner. Free 2011 taxes For exceptions to this requirement, see section 1. Free 2011 taxes 707-3(c)(2) of the regulations. Free 2011 taxes   A partnership must attach Form 8275 (or other statement) to its return if it distributes property to a partner, and, within 2 years (before or after the distribution), the partner transfers money or other consideration to the partnership. Free 2011 taxes   Form 8275 must include the following information. Free 2011 taxes A caption identifying the statement as a disclosure under section 707 of the Internal Revenue Code. Free 2011 taxes A description of the transferred property or money, including its value. Free 2011 taxes A description of any relevant facts in determining if the transfers are properly viewed as a disguised sale. Free 2011 taxes See section 1. Free 2011 taxes 707-3(b)(2) of the regulations for a description of the facts and circumstances considered in determining if the transfers are a disguised sale. Free 2011 taxes Contribution to partnership treated as investment company. Free 2011 taxes   Gain is recognized when property is contributed (in exchange for an interest in the partnership) to a partnership that would be treated as an investment company if it were incorporated. Free 2011 taxes   A partnership is generally treated as an investment company if over 80% of the value of its assets is held for investment and consists of certain readily marketable items. Free 2011 taxes These items include money, stocks and other equity interests in a corporation, and interests in regulated investment companies and real estate investment trusts. Free 2011 taxes For more information, see section 351(e)(1) of the Internal Revenue Code and the related regulations. Free 2011 taxes Whether a partnership is treated as an investment company under this test is ordinarily determined immediately after the transfer of property. Free 2011 taxes   This rule applies to limited partnerships and general partnerships, regardless of whether they are privately formed or publicly syndicated. Free 2011 taxes Contribution to foreign partnership. Free 2011 taxes   A domestic partnership that contributed property after August 5, 1997, to a foreign partnership in exchange for a partnership interest may have to file Form 8865 if either of the following apply. Free 2011 taxes Immediately after the contribution, the partnership owned, directly or indirectly, at least a 10% interest in the foreign partnership. Free 2011 taxes The fair market value of the property contributed to the foreign partnership, when added to other contributions of property made to the partnership during the preceding 12-month period, is greater than $100,000. Free 2011 taxes   The partnership may also have to file Form 8865, even if no contributions are made during the tax year, if it owns a 10% or more interest in a foreign partnership at any time during the year. Free 2011 taxes See the form instructions for more information. Free 2011 taxes Basis of contributed property. Free 2011 taxes   If a partner contributes property to a partnership, the partnership's basis for determining depreciation, depletion, gain, or loss for the property is the same as the partner's adjusted basis for the property when it was contributed, increased by any gain recognized by the partner at the time of contribution. Free 2011 taxes Allocations to account for built-in gain or loss. Free 2011 taxes   The fair market value of property at the time it is contributed may be different from the partner's adjusted basis. Free 2011 taxes The partnership must allocate among the partners any income, deduction, gain, or loss on the property in a manner that will account for the difference. Free 2011 taxes This rule also applies to contributions of accounts payable and other accrued but unpaid items of a cash basis partner. Free 2011 taxes   The partnership can use different allocation methods for different items of contributed property. Free 2011 taxes A single reasonable method must be consistently applied to each item, and the overall method or combination of methods must be reasonable. Free 2011 taxes See section 1. Free 2011 taxes 704-3 of the regulations for allocation methods generally considered reasonable. Free 2011 taxes   If the partnership sells contributed property and recognizes gain or loss, built-in gain or loss is allocated to the contributing partner. Free 2011 taxes If contributed property is subject to depreciation or other cost recovery, the allocation of deductions for these items takes into account built-in gain or loss on the property. Free 2011 taxes However, the total depreciation, depletion, gain, or loss allocated to partners cannot be more than the depreciation or depletion allowable to the partnership or the gain or loss realized by the partnership. Free 2011 taxes Example. Free 2011 taxes Areta and Sofia formed an equal partnership. Free 2011 taxes Areta contributed $10,000 in cash to the partnership and Sofia contributed depreciable property with a fair market value of $10,000 and an adjusted basis of $4,000. Free 2011 taxes The partnership's basis for depreciation is limited to the adjusted basis of the property in Sofia's hands, $4,000. Free 2011 taxes In effect, Areta purchased an undivided one-half interest in the depreciable property with her contribution of $10,000. Free 2011 taxes Assuming that the depreciation rate is 10% a year under the General Depreciation System (GDS), she would have been entitled to a depreciation deduction of $500 per year, based on her interest in the partnership, if the adjusted basis of the property equaled its fair market value when contributed. Free 2011 taxes To simplify this example, the depreciation deductions are determined without regard to any first-year depreciation conventions. Free 2011 taxes However, since the partnership is allowed only $400 per year of depreciation (10% of $4,000), no more than $400 can be allocated between the partners. Free 2011 taxes The entire $400 must be allocated to Areta. Free 2011 taxes Distribution of contributed property to another partner. Free 2011 taxes   If a partner contributes property to a partnership and the partnership distributes the property to another partner within 7 years of the contribution, the contributing partner must recognize gain or loss on the distribution. Free 2011 taxes   The recognized gain or loss is the amount the contributing partner would have recognized if the property had been sold for its fair market value when it was distributed. Free 2011 taxes This amount is the difference between the property's basis and its fair market value at the time of contribution. Free 2011 taxes The character of the gain or loss will be the same as the character of the gain or loss that would have resulted if the partnership had sold the property to the distributee partner. Free 2011 taxes Appropriate adjustments must be made to the adjusted basis of the contributing partner's partnership interest and to the adjusted basis of the property distributed to reflect the recognized gain or loss. Free 2011 taxes Disposition of certain contributed property. Free 2011 taxes   The following rules determine the character of the partnership's gain or loss on a disposition of certain types of contributed property. Free 2011 taxes Unrealized receivables. Free 2011 taxes If the property was an unrealized receivable in the hands of the contributing partner, any gain or loss on its disposition by the partnership is ordinary income or loss. Free 2011 taxes Unrealized receivables are defined later under Payments for Unrealized Receivables and Inventory Items. Free 2011 taxes When reading the definition, substitute “partner” for “partnership. Free 2011 taxes ” Inventory items. Free 2011 taxes If the property was an inventory item in the hands of the contributing partner, any gain or loss on its disposition by the partnership within 5 years after the contribution is ordinary income or loss. Free 2011 taxes Inventory items are defined later in Payments for Unrealized Receivables and Inventory Items. Free 2011 taxes Capital loss property. Free 2011 taxes If the property was a capital asset in the contributing partner's hands, any loss on its disposition by the partnership within 5 years after the contribution is a capital loss. Free 2011 taxes The capital loss is limited to the amount by which the partner's adjusted basis for the property exceeded the property's fair market value immediately before the contribution. Free 2011 taxes Substituted basis property. Free 2011 taxes If the disposition of any of the property listed in (1), (2), or (3) is a nonrecognition transaction, these rules apply when the recipient of the property disposes of any substituted basis property (other than certain corporate stock) resulting from the transaction. Free 2011 taxes Contribution of Services A partner can acquire an interest in partnership capital or profits as compensation for services performed or to be performed. Free 2011 taxes Capital interest. Free 2011 taxes   A capital interest is an interest that would give the holder a share of the proceeds if the partnership's assets were sold at fair market value and the proceeds were distributed in a complete liquidation of the partnership. Free 2011 taxes This determination generally is made at the time of receipt of the partnership interest. Free 2011 taxes The fair market value of such an interest received by a partner as compensation for services must generally be included in the partner's gross income in the first tax year in which the partner can transfer the interest or the interest is not subject to a substantial risk of forfeiture. Free 2011 taxes The capital interest transferred as compensation for services is subject to the rules for restricted property discussed in Publication 525 under Employee Compensation. Free 2011 taxes   The fair market value of an interest in partnership capital transferred to a partner as payment for services to the partnership is a guaranteed payment, discussed earlier. Free 2011 taxes Profits interest. Free 2011 taxes   A profits interest is a partnership interest other than a capital interest. Free 2011 taxes If a person receives a profits interest for providing services to, or for the benefit of, a partnership in a partner capacity or in anticipation of being a partner, the receipt of such an interest is not a taxable event for the partner or the partnership. Free 2011 taxes However, this does not apply in the following situations. Free 2011 taxes The profits interest relates to a substantially certain and predictable stream of income from partnership assets, such as income from high-quality debt securities or a high-quality net lease. Free 2011 taxes Within 2 years of receipt, the partner disposes of the profits interest. Free 2011 taxes The profits interest is a limited partnership interest in a publicly traded partnership. Free 2011 taxes   A profits interest transferred as compensation for services is not subject to the rules for restricted property that apply to capital interests. Free 2011 taxes Basis of Partner's Interest The basis of a partnership interest is the money plus the adjusted basis of any property the partner contributed. Free 2011 taxes If the partner must recognize gain as a result of the contribution, this gain is included in the basis of his or her interest. Free 2011 taxes Any increase in a partner's individual liabilities because of an assumption of partnership liabilities is considered a contribution of money to the partnership by the partner. Free 2011 taxes Interest acquired by gift, etc. Free 2011 taxes   If a partner acquires an interest in a partnership by gift, inheritance, or under any circumstance other than by a contribution of money or property to the partnership, the partner's basis must be determined using the basis rules described in Publication 551. Free 2011 taxes Adjusted Basis There is a worksheet for adjusting the basis of a partner's interest in the partnership in the Partner's Instructions for Schedule K-1 (Form 1065). Free 2011 taxes The basis of an interest in a partnership is increased or decreased by certain items. Free 2011 taxes Increases. Free 2011 taxes   A partner's basis is increased by the following items. Free 2011 taxes The partner's additional contributions to the partnership, including an increased share of, or assumption of, partnership liabilities. Free 2011 taxes The partner's distributive share of taxable and nontaxable partnership income. Free 2011 taxes The partner's distributive share of the excess of the deductions for depletion over the basis of the depletable property, unless the property is oil or gas wells whose basis has been allocated to partners. Free 2011 taxes Decreases. Free 2011 taxes   The partner's basis is decreased (but never below zero) by the following items. Free 2011 taxes The money (including a decreased share of partnership liabilities or an assumption of the partner's individual liabilities by the partnership) and adjusted basis of property distributed to the partner by the partnership. Free 2011 taxes The partner's distributive share of the partnership losses (including capital losses). Free 2011 taxes The partner's distributive share of nondeductible partnership expenses that are not capital expenditures. Free 2011 taxes This includes the partner's share of any section 179 expenses, even if the partner cannot deduct the entire amount on his or her individual income tax return. Free 2011 taxes The partner's deduction for depletion for any partnership oil and gas wells, up to the proportionate share of the adjusted basis of the wells allocated to the partner. Free 2011 taxes Partner's liabilities assumed by partnership. Free 2011 taxes   If contributed property is subject to a debt or if a partner's liabilities are assumed by the partnership, the basis of that partner's interest is reduced (but not below zero) by the liability assumed by the other partners. Free 2011 taxes This partner must reduce his or her basis because the assumption of the liability is treated as a distribution of money to that partner. Free 2011 taxes The other partners' assumption of the liability is treated as a contribution by them of money to the partnership. Free 2011 taxes See Effect of Partnership Liabilities , later. Free 2011 taxes Example 1. Free 2011 taxes Ivan acquired a 20% interest in a partnership by contributing property that had an adjusted basis to him of $8,000 and a $4,000 mortgage. Free 2011 taxes The partnership assumed payment of the mortgage. Free 2011 taxes The basis of Ivan's interest is: Adjusted basis of contributed property $8,000 Minus: Part of mortgage assumed by other partners (80% × $4,000) 3,200 Basis of Ivan's partnership interest $4,800 Example 2. Free 2011 taxes If, in Example 1, the contributed property had a $12,000 mortgage, the basis of Ivan's partnership interest would be zero. Free 2011 taxes The $1,600 difference between the mortgage assumed by the other partners, $9,600 (80% × $12,000), and his basis of $8,000 would be treated as capital gain from the sale or exchange of a partnership interest. Free 2011 taxes However, this gain would not increase the basis of his partnership interest. Free 2011 taxes Book value of partner's interest. Free 2011 taxes   The adjusted basis of a partner's interest is determined without considering any amount shown in the partnership books as a capital, equity, or similar account. Free 2011 taxes Example. Free 2011 taxes Enzo contributes to his partnership property that has an adjusted basis of $400 and a fair market value of $1,000. Free 2011 taxes His partner contributes $1,000 cash. Free 2011 taxes While each partner has increased his capital account by $1,000, which will be re