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Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile However, a joint undertaking merely to share expenses is not a partnership. Http www irs gov efile For example, co-ownership of property maintained and rented or leased is not a partnership unless the co-owners provide services to the tenants. Http www irs gov efile The rules you must use to determine whether an organization is classified as a partnership changed for organizations formed after 1996. Http www irs gov efile Organizations formed after 1996. Http www irs gov efile   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. Http www irs gov efile An organization formed under a federal or state law that refers to it as incorporated or as a corporation, body corporate, or body politic. Http www irs gov efile An organization formed under a state law that refers to it as a joint-stock company or joint-stock association. Http www irs gov efile An insurance company. Http www irs gov efile Certain banks. Http www irs gov efile An organization wholly owned by a state, local, or foreign government. Http www irs gov efile An organization specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships). Http www irs gov efile Certain foreign organizations identified in section 301. Http www irs gov efile 7701-2(b)(8) of the regulations. Http www irs gov efile A tax-exempt organization. Http www irs gov efile A real estate investment trust. Http www irs gov efile An organization classified as a trust under section 301. Http www irs gov efile 7701-4 of the regulations or otherwise subject to special treatment under the Internal Revenue Code. Http www irs gov efile Any other organization that elects to be classified as a corporation by filing Form 8832. Http www irs gov efile For more information, see the instructions for Form 8832. Http www irs gov efile Limited liability company. Http www irs gov efile   A limited liability company (LLC) is an entity formed under state law by filing articles of organization as an LLC. Http www irs gov efile Unlike a partnership, none of the members of an LLC are personally liable for its debts. Http www irs gov efile 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. Http www irs gov efile 7701-3. Http www irs gov efile See Form 8832 and section 301. Http www irs gov efile 7701-3 of the regulations for more details. Http www irs gov efile A domestic LLC with at least two members that does not file Form 8832 is classified as a partnership for federal income tax purposes. Http www irs gov efile Organizations formed before 1997. Http www irs gov efile   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. Http www irs gov efile Community property. Http www irs gov efile    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. Http www irs gov efile 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. Http www irs gov efile A change in reporting position will be treated for federal tax purposes as a conversion of the entity. Http www irs gov efile   A qualified entity is a business entity that meets all the following requirements. Http www irs gov efile 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. Http www irs gov efile No person other than one or both spouses would be considered an owner for federal tax purposes. Http www irs gov efile The business entity is not treated as a corporation. Http www irs gov efile   For more information about community property, see Publication 555, Community Property. Http www irs gov efile Publication 555 discusses the community property laws of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Http www irs gov efile Family Partnership Members of a family can be partners. Http www irs gov efile However, family members (or any other person) will be recognized as partners only if one of the following requirements is met. Http www irs gov efile 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. Http www irs gov efile If capital is not a material income-producing factor, they joined together in good faith to conduct a business. Http www irs gov efile 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. Http www irs gov efile Capital is material. Http www irs gov efile   Capital is a material income-producing factor if a substantial part of the gross income of the business comes from the use of capital. Http www irs gov efile Capital is ordinarily an income-producing factor if the operation of the business requires substantial inventories or investments in plants, machinery, or equipment. Http www irs gov efile Capital is not material. Http www irs gov efile   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. Http www irs gov efile Capital interest. Http www irs gov efile   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. Http www irs gov efile The owner withdraws from the partnership. Http www irs gov efile The partnership liquidates. Http www irs gov efile   The mere right to share in earnings and profits is not a capital interest in the partnership. Http www irs gov efile Gift of capital interest. Http www irs gov efile   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. Http www irs gov efile It must be figured by reducing the partnership income by reasonable compensation for services the donor renders to the partnership. Http www irs gov efile 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. Http www irs gov efile Purchase. Http www irs gov efile   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. Http www irs gov efile The fair market value of the purchased interest is considered donated capital. Http www irs gov efile For this purpose, members of a family include only spouses, ancestors, and lineal descendants (or a trust for the primary benefit of those persons). Http www irs gov efile Example. Http www irs gov efile A father sold 50% of his business to his son. Http www irs gov efile The resulting partnership had a profit of $60,000. Http www irs gov efile Capital is a material income-producing factor. Http www irs gov efile The father performed services worth $24,000, which is reasonable compensation, and the son performed no services. Http www irs gov efile The $24,000 must be allocated to the father as compensation. Http www irs gov efile 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. Http www irs gov efile The son's share of partnership profit cannot be more than $18,000. Http www irs gov efile Business owned and operated by spouses. Http www irs gov efile   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. Http www irs gov efile If so, they should report income or loss from the business on Form 1065. Http www irs gov efile They should not report the income on a Schedule C (Form 1040) in the name of one spouse as a sole proprietor. Http www irs gov efile However, the spouses can elect not to treat the joint venture as a partnership by making a Qualified Joint Venture Election. Http www irs gov efile Qualified Joint Venture Election. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile All items of income, gain, deduction, loss, and credit are divided between the spouses based on their respective interests in the venture. Http www irs gov efile Each spouse takes into account his or her respective share of these items as a sole proprietor. Http www irs gov efile Each spouse would account for his or her respective share on the appropriate form, such as Schedule C (Form 1040). Http www irs gov efile 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. Http www irs gov efile e. Http www irs gov efile , based on their respective interests in the venture). Http www irs gov efile   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. Http www irs gov efile Each spouse should include his or her respective share of self-employment income on a separate Schedule SE (Form 1040), Self-Employment Tax. Http www irs gov efile   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. Http www irs gov efile However, this may not be true if either spouse exceeds the social security tax limitation. Http www irs gov efile   For more information on qualified joint ventures, go to IRS. Http www irs gov efile gov, enter “Election for Qualified Joint Ventures” in the search box and select the link reading “Election for Husband and Wife Unincorporated Businesses. Http www irs gov efile ” Partnership Agreement The partnership agreement includes the original agreement and any modifications. Http www irs gov efile The modifications must be agreed to by all partners or adopted in any other manner provided by the partnership agreement. Http www irs gov efile The agreement or modifications can be oral or written. Http www irs gov efile 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. Http www irs gov efile This filing date does not include any extension of time. Http www irs gov efile If the partnership agreement or any modification is silent on any matter, the provisions of local law are treated as part of the agreement. Http www irs gov efile Terminating a Partnership A partnership terminates when one of the following events takes place. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile See section 1. Http www irs gov efile 708-1(b) of the regulations for more information on the termination of a partnership. Http www irs gov efile For special rules that apply to a merger, consolidation, or division of a partnership, see sections 1. Http www irs gov efile 708-1(c) and 1. Http www irs gov efile 708-1(d) of the regulations. Http www irs gov efile Date of termination. Http www irs gov efile   The partnership's tax year ends on the date of termination. Http www irs gov efile For the event described in (1), above, the date of termination is the date the partnership completes the winding up of its affairs. Http www irs gov efile 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. Http www irs gov efile Short period return. Http www irs gov efile   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. Http www irs gov efile The return is due the 15th day of the fourth month following the date of termination. Http www irs gov efile See Partnership Return (Form 1065), later, for information about filing Form 1065. Http www irs gov efile Conversion of partnership into limited liability company (LLC). Http www irs gov efile   The conversion of a partnership into an LLC classified as a partnership for federal tax purposes does not terminate the partnership. Http www irs gov efile 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. Http www irs gov efile   However, the conversion may change some of the partners' bases in their partnership interests if the partnership has recourse liabilities that become nonrecourse liabilities. Http www irs gov efile Because the partners share recourse and nonrecourse liabilities differently, their bases must be adjusted to reflect the new sharing ratios. Http www irs gov efile If a decrease in a partner's share of liabilities exceeds the partner's basis, he or she must recognize gain on the excess. Http www irs gov efile For more information, see Effect of Partnership Liabilities under Basis of Partner's Interest, later. Http www irs gov efile   The same rules apply if an LLC classified as a partnership is converted into a partnership. Http www irs gov efile IRS e-file (Electronic Filing) Please click here for the text description of the image. Http www irs gov efile 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). Http www irs gov efile Other partnerships generally have the option to file electronically. Http www irs gov efile For details about IRS e-file, see the Form 1065 instructions. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Investing partnership. Http www irs gov efile   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. Http www irs gov efile They own the property as co-owners. Http www irs gov efile They reserve the right separately to take or dispose of their shares of any property acquired or retained. Http www irs gov efile They do not actively conduct business or irrevocably authorize some person acting in a representative capacity to purchase, sell, or exchange the investment property. Http www irs gov efile 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. Http www irs gov efile Operating agreement partnership. Http www irs gov efile   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. Http www irs gov efile They own the property as co-owners, either in fee or under lease or other form of contract granting exclusive operating rights. Http www irs gov efile They reserve the right separately to take in kind or dispose of their shares of any property produced, extracted, or used. Http www irs gov efile They do not jointly sell services or the property produced or extracted. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Electing the exclusion. Http www irs gov efile   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. Http www irs gov efile This filing date includes any extension of time. Http www irs gov efile See Regulations section 1. Http www irs gov efile 761-2(b) for the procedures to follow. Http www irs gov efile 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. Http www irs gov efile The partnership return must show the names and addresses of each partner and each partner's distributive share of taxable income. Http www irs gov efile The return must be signed by a general partner. Http www irs gov efile If a limited liability company is treated as a partnership, it must file Form 1065 and one of its members must sign the return. Http www irs gov efile 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. Http www irs gov efile See the Instructions for Form 1065 for more information about who must file Form 1065. Http www irs gov efile Partnership Distributions Partnership distributions include the following. Http www irs gov efile A withdrawal by a partner in anticipation of the current year's earnings. Http www irs gov efile A distribution of the current year's or prior years' earnings not needed for working capital. Http www irs gov efile A complete or partial liquidation of a partner's interest. Http www irs gov efile A distribution to all partners in a complete liquidation of the partnership. Http www irs gov efile A partnership distribution is not taken into account in determining the partner's distributive share of partnership income or loss. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Effect on partner's basis. Http www irs gov efile   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. Http www irs gov efile See Adjusted Basis under Basis of Partner's Interest, later. Http www irs gov efile Effect on partnership. Http www irs gov efile   A partnership generally does not recognize any gain or loss because of distributions it makes to partners. Http www irs gov efile The partnership may be able to elect to adjust the basis of its undistributed property. Http www irs gov efile Certain distributions treated as a sale or exchange. Http www irs gov efile   When a partnership distributes the following items, the distribution may be treated as a sale or exchange of property rather than a distribution. Http www irs gov efile Unrealized receivables or substantially appreciated inventory items distributed in exchange for any part of the partner's interest in other partnership property, including money. Http www irs gov efile Other property (including money) distributed in exchange for any part of a partner's interest in unrealized receivables or substantially appreciated inventory items. Http www irs gov efile   See Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Http www irs gov efile   This treatment does not apply to the following distributions. Http www irs gov efile A distribution of property to the partner who contributed the property to the partnership. Http www irs gov efile 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. Http www irs gov efile Substantially appreciated inventory items. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Any gain recognized is generally treated as capital gain from the sale of the partnership interest on the date of the distribution. Http www irs gov efile 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. Http www irs gov efile For exceptions to these rules, see Distribution of partner's debt and Net precontribution gain, later. Http www irs gov efile Also, see Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Http www irs gov efile Example. Http www irs gov efile The adjusted basis of Jo's partnership interest is $14,000. Http www irs gov efile 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. Http www irs gov efile Because the cash received does not exceed the basis of her partnership interest, Jo does not recognize any gain on the distribution. Http www irs gov efile Any gain on the land will be recognized when she sells or otherwise disposes of it. Http www irs gov efile The distribution decreases the adjusted basis of Jo's partnership interest to $4,000 [$14,000 − ($8,000 + $2,000)]. Http www irs gov efile Marketable securities treated as money. Http www irs gov efile   Generally, a marketable security distributed to a partner is treated as money in determining whether gain is recognized on the distribution. Http www irs gov efile 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. Http www irs gov efile   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). Http www irs gov efile   For more information, including the definition of marketable securities, see section 731(c) of the Internal Revenue Code. Http www irs gov efile Loss on distribution. Http www irs gov efile   A partner does not recognize loss on a partnership distribution unless all the following requirements are met. Http www irs gov efile The adjusted basis of the partner's interest in the partnership exceeds the distribution. Http www irs gov efile The partner's entire interest in the partnership is liquidated. Http www irs gov efile The distribution is in money, unrealized receivables, or inventory items. Http www irs gov efile   There are exceptions to these general rules. Http www irs gov efile See the following discussions. Http www irs gov efile Also, see Liquidation at Partner's Retirement or Death under Disposition of Partner's Interest, later. Http www irs gov efile Distribution of partner's debt. Http www irs gov efile   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). Http www irs gov efile   The partner is treated as having satisfied the debt for its fair market value. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile Net precontribution gain. Http www irs gov efile   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. Http www irs gov efile   The gain recognized is the lesser of the following amounts. Http www irs gov efile 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. Http www irs gov efile The “net precontribution gain” of the partner. Http www irs gov efile 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. Http www irs gov efile For information about the distribution of contributed property to another partner, see Contribution of Property , under Transactions Between Partnership and Partners, later. Http www irs gov efile   The character of the gain is determined by reference to the character of the net precontribution gain. Http www irs gov efile 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. Http www irs gov efile For these rules, the term “money” includes marketable securities treated as money, as discussed earlier. Http www irs gov efile Effect on basis. Http www irs gov efile   The adjusted basis of the partner's interest in the partnership is increased by any net precontribution gain recognized by the partner. Http www irs gov efile Other than for purposes of determining the gain, the increase is treated as occurring immediately before the distribution. Http www irs gov efile See Basis of Partner's Interest , later. Http www irs gov efile   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. Http www irs gov efile Exceptions. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Example 1. Http www irs gov efile The adjusted basis of Emily's partnership interest is $30,000. Http www irs gov efile She receives a distribution of property that has an adjusted basis of $20,000 to the partnership and $4,000 in cash. Http www irs gov efile Her basis for the property is $20,000. Http www irs gov efile Example 2. Http www irs gov efile The adjusted basis of Steve's partnership interest is $10,000. Http www irs gov efile He receives a distribution of $4,000 cash and property that has an adjusted basis to the partnership of $8,000. Http www irs gov efile His basis for the distributed property is limited to $6,000 ($10,000 − $4,000, the cash he receives). Http www irs gov efile Complete liquidation of partner's interest. Http www irs gov efile   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. Http www irs gov efile Partner's holding period. Http www irs gov efile   A partner's holding period for property distributed to the partner includes the period the property was held by the partnership. Http www irs gov efile If the property was contributed to the partnership by a partner, then the period it was held by that partner is also included. Http www irs gov efile Basis divided among properties. Http www irs gov efile   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. Http www irs gov efile For property distributed after August 5, 1997, allocate the basis using the following rules. Http www irs gov efile 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. Http www irs gov efile If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Http www irs gov efile 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. Http www irs gov efile If the allocable basis exceeds the total of these assigned bases, increase the assigned bases by the amount of the excess. Http www irs gov efile If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Http www irs gov efile Allocating a basis increase. Http www irs gov efile   Allocate any basis increase required in rule (2), above, first to properties with unrealized appreciation to the extent of the unrealized appreciation. Http www irs gov efile 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. Http www irs gov efile Allocate any remaining basis increase among all the properties in proportion to their respective fair market values. Http www irs gov efile Example. Http www irs gov efile Eun's basis in her partnership interest is $55,000. Http www irs gov efile In a distribution in liquidation of her entire interest, she receives properties A and B, neither of which is inventory or unrealized receivables. Http www irs gov efile Property A has an adjusted basis to the partnership of $5,000 and a fair market value of $40,000. Http www irs gov efile Property B has an adjusted basis to the partnership of $10,000 and a fair market value of $10,000. Http www irs gov efile 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). Http www irs gov efile This leaves a $40,000 basis increase (the $55,000 allocable basis minus the $15,000 total of the assigned bases). Http www irs gov efile She first allocates $35,000 to property A (its unrealized appreciation). Http www irs gov efile The remaining $5,000 is allocated between the properties based on their fair market values. Http www irs gov efile $4,000 ($40,000/$50,000) is allocated to property A and $1,000 ($10,000/$50,000) is allocated to property B. Http www irs gov efile 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). Http www irs gov efile Allocating a basis decrease. Http www irs gov efile   Use the following rules to allocate any basis decrease required in rule (1) or rule (2), earlier. Http www irs gov efile Allocate the basis decrease first to items with unrealized depreciation to the extent of the unrealized depreciation. Http www irs gov efile 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. Http www irs gov efile Allocate any remaining basis decrease among all the items in proportion to their respective assigned basis amounts (as decreased in (1)). Http www irs gov efile Example. Http www irs gov efile Armando's basis in his partnership interest is $20,000. Http www irs gov efile In a distribution in liquidation of his entire interest, he receives properties C and D, neither of which is inventory or unrealized receivables. Http www irs gov efile Property C has an adjusted basis to the partnership of $15,000 and a fair market value of $15,000. Http www irs gov efile Property D has an adjusted basis to the partnership of $15,000 and a fair market value of $5,000. Http www irs gov efile 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). Http www irs gov efile This leaves a $10,000 basis decrease (the $30,000 total of the assigned bases minus the $20,000 allocable basis). Http www irs gov efile He allocates the entire $10,000 to property D (its unrealized depreciation). Http www irs gov efile Armando's basis in property C is $15,000 and his basis in property D is $5,000 ($15,000 − $10,000). Http www irs gov efile Distributions before August 6, 1997. Http www irs gov efile   For property distributed before August 6, 1997, allocate the basis using the following rules. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Allocate any remaining basis to other distributed properties in proportion to their adjusted bases to the partnership. Http www irs gov efile Partner's interest more than partnership basis. Http www irs gov efile   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. Http www irs gov efile Special adjustment to basis. Http www irs gov efile   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. Http www irs gov efile To choose the special adjustment, the partner must have received the distribution within 2 years after acquiring the partnership interest. Http www irs gov efile Also, the partnership must not have chosen the optional adjustment to basis when the partner acquired the partnership interest. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile Example. Http www irs gov efile Chin Ho purchased a 25% interest in X partnership for $17,000 cash. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile The value of the inventory received was 25% of the value of all partnership inventory. Http www irs gov efile (It is immaterial whether the inventory he received was on hand when he acquired his interest. Http www irs gov efile ) 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. Http www irs gov efile 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). Http www irs gov efile 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. Http www irs gov efile 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). Http www irs gov efile His basis in the inventory items is $4,000 ($3,500 partnership basis + $500 special adjustment). Http www irs gov efile The remaining $11,500 is allocated to his new basis for the other property he received. Http www irs gov efile Mandatory adjustment. Http www irs gov efile   A partner does not always have a choice of making this special adjustment to basis. Http www irs gov efile 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. Http www irs gov efile The fair market value of all partnership property (other than money) was more than 110% of its adjusted basis to the partnership. Http www irs gov efile 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. Http www irs gov efile The optional basis adjustment, if it had been chosen by the partnership, would have changed the partner's basis for the property actually distributed. Http www irs gov efile Required statement. Http www irs gov efile   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. Http www irs gov efile The statement must provide information necessary for the partner to compute the special basis adjustment. Http www irs gov efile Marketable securities. Http www irs gov efile   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. Http www irs gov efile See Marketable securities treated as money under Partner's Gain or Loss, earlier. Http www irs gov efile The basis increase is allocated among the securities in proportion to their respective amounts of unrealized appreciation before the basis increase. Http www irs gov efile 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. Http www irs gov efile These transactions include the following. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Payments by accrual basis partnership to cash basis partner. Http www irs gov efile   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. Http www irs gov efile However, this rule does not apply to guaranteed payments made to a partner, which are generally deductible when accrued. Http www irs gov efile Guaranteed Payments Guaranteed payments are those made by a partnership to a partner that are determined without regard to the partnership's income. Http www irs gov efile 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. Http www irs gov efile This treatment is for purposes of determining gross income and deductible business expenses only. Http www irs gov efile For other tax purposes, guaranteed payments are treated as a partner's distributive share of ordinary income. Http www irs gov efile Guaranteed payments are not subject to income tax withholding. Http www irs gov efile The partnership generally deducts guaranteed payments on line 10 of Form 1065 as a business expense. Http www irs gov efile They are also listed on Schedules K and K-1 of the partnership return. Http www irs gov efile 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. Http www irs gov efile Guaranteed payments made to partners for organizing the partnership or syndicating interests in the partnership are capital expenses. Http www irs gov efile Generally, organizational and syndication expenses are not deductible by the partnership. Http www irs gov efile 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). Http www irs gov efile 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. Http www irs gov efile Minimum payment. Http www irs gov efile   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. Http www irs gov efile Example. Http www irs gov efile Under a partnership agreement, Divya is to receive 30% of the partnership income, but not less than $8,000. Http www irs gov efile The partnership has net income of $20,000. Http www irs gov efile Divya's share, without regard to the minimum guarantee, is $6,000 (30% × $20,000). Http www irs gov efile The guaranteed payment that can be deducted by the partnership is $2,000 ($8,000 − $6,000). Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Self-employed health insurance premiums. Http www irs gov efile   Premiums for health insurance paid by a partnership on behalf of a partner, for services as a partner, are treated as guaranteed payments. Http www irs gov efile The partnership can deduct the payments as a business expense, and the partner must include them in gross income. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile For more information on the self-employed health insurance deduction, see chapter 6 in Publication 535. Http www irs gov efile Including payments in partner's income. Http www irs gov efile   Guaranteed payments are included in income in the partner's tax year in which the partnership's tax year ends. Http www irs gov efile Example 1. Http www irs gov efile 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. Http www irs gov efile Her distributive share of the partnership income is 10%. Http www irs gov efile The partnership has $50,000 of ordinary income after deducting the guaranteed payment. Http www irs gov efile 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. Http www irs gov efile Example 2. Http www irs gov efile Lamont is a calendar year taxpayer who is a partner in a partnership. Http www irs gov efile The partnership uses a fiscal year that ended January 31, 2013. Http www irs gov efile Lamont received guaranteed payments from the partnership from February 1, 2012, until December 31, 2012. Http www irs gov efile He must include these guaranteed payments in income for 2013 and report them on his 2013 income tax return. Http www irs gov efile Payments resulting in loss. Http www irs gov efile   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. Http www irs gov efile 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. Http www irs gov efile Sale or Exchange of Property Special rules apply to a sale or exchange of property between a partnership and certain persons. Http www irs gov efile Losses. Http www irs gov efile   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%. Http www irs gov efile   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. Http www irs gov efile   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. Http www irs gov efile   If the purchaser later sells the property, only the gain realized that is greater than the loss not allowed will be taxable. Http www irs gov efile 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. Http www irs gov efile Gains. Http www irs gov efile   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. Http www irs gov efile More than 50% of the capital or profits interest in the partnership(s) is directly or indirectly owned by the same person(s). Http www irs gov efile The property in the hands of the transferee immediately after the transfer is not a capital asset. Http www irs gov efile 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. Http www irs gov efile More than 50% ownership. Http www irs gov efile   To determine if there is more than 50% ownership in partnership capital or profits, the following rules apply. Http www irs gov efile 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. Http www irs gov efile An individual is considered to own the interest directly or indirectly owned by, or for, the individual's family. Http www irs gov efile For this rule, “family” includes only brothers, sisters, half-brothers, half-sisters, spouses, ancestors, and lineal descendants. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Example. Http www irs gov efile Individuals A and B and Trust T are equal partners in Partnership ABT. Http www irs gov efile A's husband, AH, is the sole beneficiary of Trust T. Http www irs gov efile Trust T's partnership interest will be attributed to AH only for the purpose of further attributing the interest to A. Http www irs gov efile As a result, A is a more-than-50% partner. Http www irs gov efile 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. Http www irs gov efile More information. Http www irs gov efile   For more information on these special rules, see Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Http www irs gov efile 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. Http www irs gov efile This applies whether a partnership is being formed or is already operating. Http www irs gov efile The partnership's holding period for the property includes the partner's holding period. Http www irs gov efile 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. Http www irs gov efile The exchange is not subject to the rules explained later under Disposition of Partner's Interest. Http www irs gov efile Disguised sales. Http www irs gov efile   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. Http www irs gov efile The distribution would not have been made but for the contribution. Http www irs gov efile The partner's right to the distribution does not depend on the success of partnership operations. Http www irs gov efile   All facts and circumstances are considered in determining if the contribution and distribution are more properly characterized as a sale. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Form 8275 required. Http www irs gov efile   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. Http www irs gov efile For exceptions to this requirement, see section 1. Http www irs gov efile 707-3(c)(2) of the regulations. Http www irs gov efile   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. Http www irs gov efile   Form 8275 must include the following information. Http www irs gov efile A caption identifying the statement as a disclosure under section 707 of the Internal Revenue Code. Http www irs gov efile A description of the transferred property or money, including its value. Http www irs gov efile A description of any relevant facts in determining if the transfers are properly viewed as a disguised sale. Http www irs gov efile See section 1. Http www irs gov efile 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. Http www irs gov efile Contribution to partnership treated as investment company. Http www irs gov efile   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. Http www irs gov efile   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. Http www irs gov efile These items include money, stocks and other equity interests in a corporation, and interests in regulated investment companies and real estate investment trusts. Http www irs gov efile For more information, see section 351(e)(1) of the Internal Revenue Code and the related regulations. Http www irs gov efile Whether a partnership is treated as an investment company under this test is ordinarily determined immediately after the transfer of property. Http www irs gov efile   This rule applies to limited partnerships and general partnerships, regardless of whether they are privately formed or publicly syndicated. Http www irs gov efile Contribution to foreign partnership. Http www irs gov efile   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. Http www irs gov efile Immediately after the contribution, the partnership owned, directly or indirectly, at least a 10% interest in the foreign partnership. Http www irs gov efile 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. Http www irs gov efile   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. Http www irs gov efile See the form instructions for more information. Http www irs gov efile Basis of contributed property. Http www irs gov efile   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. Http www irs gov efile Allocations to account for built-in gain or loss. Http www irs gov efile   The fair market value of property at the time it is contributed may be different from the partner's adjusted basis. Http www irs gov efile 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. Http www irs gov efile This rule also applies to contributions of accounts payable and other accrued but unpaid items of a cash basis partner. Http www irs gov efile   The partnership can use different allocation methods for different items of contributed property. Http www irs gov efile A single reasonable method must be consistently applied to each item, and the overall method or combination of methods must be reasonable. Http www irs gov efile See section 1. Http www irs gov efile 704-3 of the regulations for allocation methods generally considered reasonable. Http www irs gov efile   If the partnership sells contributed property and recognizes gain or loss, built-in gain or loss is allocated to the contributing partner. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Example. Http www irs gov efile Areta and Sofia formed an equal partnership. Http www irs gov efile 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. Http www irs gov efile The partnership's basis for depreciation is limited to the adjusted basis of the property in Sofia's hands, $4,000. Http www irs gov efile In effect, Areta purchased an undivided one-half interest in the depreciable property with her contribution of $10,000. Http www irs gov efile 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. Http www irs gov efile To simplify this example, the depreciation deductions are determined without regard to any first-year depreciation conventions. Http www irs gov efile 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. Http www irs gov efile The entire $400 must be allocated to Areta. Http www irs gov efile Distribution of contributed property to another partner. Http www irs gov efile   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. Http www irs gov efile   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. Http www irs gov efile This amount is the difference between the property's basis and its fair market value at the time of contribution. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Disposition of certain contributed property. Http www irs gov efile   The following rules determine the character of the partnership's gain or loss on a disposition of certain types of contributed property. Http www irs gov efile Unrealized receivables. Http www irs gov efile 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. Http www irs gov efile Unrealized receivables are defined later under Payments for Unrealized Receivables and Inventory Items. Http www irs gov efile When reading the definition, substitute “partner” for “partnership. Http www irs gov efile ” Inventory items. Http www irs gov efile 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. Http www irs gov efile Inventory items are defined later in Payments for Unrealized Receivables and Inventory Items. Http www irs gov efile Capital loss property. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Substituted basis property. Http www irs gov efile 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. Http www irs gov efile Contribution of Services A partner can acquire an interest in partnership capital or profits as compensation for services performed or to be performed. Http www irs gov efile Capital interest. Http www irs gov efile   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. Http www irs gov efile This determination generally is made at the time of receipt of the partnership interest. Http www irs gov efile 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. Http www irs gov efile The capital interest transferred as compensation for services is subject to the rules for restricted property discussed in Publication 525 under Employee Compensation. Http www irs gov efile   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. Http www irs gov efile Profits interest. Http www irs gov efile   A profits interest is a partnership interest other than a capital interest. Http www irs gov efile 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. Http www irs gov efile However, this does not apply in the following situations. Http www irs gov efile 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. Http www irs gov efile Within 2 years of receipt, the partner disposes of the profits interest. Http www irs gov efile The profits interest is a limited partnership interest in a publicly traded partnership. Http www irs gov efile   A profits interest transferred as compensation for services is not subject to the rules for restricted property that apply to capital interests. Http www irs gov efile Basis of Partner's Interest The basis of a partnership interest is the money plus the adjusted basis of any property the partner contributed. Http www irs gov efile If the partner must recognize gain as a result of the contribution, this gain is included in the basis of his or her interest. Http www irs gov efile 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. Http www irs gov efile Interest acquired by gift, etc. Http www irs gov efile   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. Http www irs gov efile 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). Http www irs gov efile The basis of an interest in a partnership is increased or decreased by certain items. Http www irs gov efile Increases. Http www irs gov efile   A partner's basis is increased by the following items. Http www irs gov efile The partner's additional contributions to the partnership, including an increased share of, or assumption of, partnership liabilities. Http www irs gov efile The partner's distributive share of taxable and nontaxable partnership income. Http www irs gov efile 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. Http www irs gov efile Decreases. Http www irs gov efile   The partner's basis is decreased (but never below zero) by the following items. Http www irs gov efile 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. Http www irs gov efile The partner's distributive share of the partnership losses (including capital losses). Http www irs gov efile The partner's distributive share of nondeductible partnership expenses that are not capital expenditures. Http www irs gov efile 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. Http www irs gov efile 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. Http www irs gov efile Partner's liabilities assumed by partnership. Http www irs gov efile   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. Http www irs gov efile This partner must reduce his or her basis because the assumption of the liability is treated as a distribution of money to that partner. Http www irs gov efile The other partners' assumption of the liability is treated as a contribution by them of money to the partnership. Http www irs gov efile See Effect of Partnership Liabilities , later. Http www irs gov efile Example 1. Http www irs gov efile 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. Http www irs gov efile The partnership assumed payment of the mortgage. Http www irs gov efile 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. Http www irs gov efile If, in Example 1, the contributed property had a $12,000 mortgage, the basis of Ivan's partnership interest would be zero. Http www irs gov efile 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. Http www irs gov efile However, this gain would not increase the basis of his partnership interest. Http www irs gov efile Book value of partner's interest. Http www irs gov efile   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. Http www irs gov efile Example. Http www irs gov efile Enzo contributes to his partnership property that has an adjusted basis of $400 and a fair market value of $1,000. Http www irs gov efile His partner contributes $1,000 cash. Http www irs gov efile While each partner has increased his capital account by $1,000, which will be re
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Income from Abroad is Taxable

Many United States (U.S.) citizens and resident aliens receive income from foreign sources. There have been recent reports about the interest of the Internal Revenue Service (IRS) in taxpayers with accounts in Liechtenstein. The interest of the IRS, however, extends beyond accounts in Liechtenstein to accounts anywhere in the world. Consequently, the IRS reminds you to report your worldwide income on your U.S. tax return.

If you are a U.S. citizen or resident alien, you must report income from all sources within and outside of the U.S. This is true whether or not you receive a Form W-2 Wage and Tax Statement,  a Form 1099 (Information Return) or the foreign equivalents.    See Publication 525, Taxable and Nontaxable Income for more information.

Additionally, if you are a U.S. citizen or resident alien, the rules for filing income, estate and gift tax returns and for paying estimated tax are generally the same whether you are living in the U.S. or abroad.

Hiding Income Offshore

Not reporting income from foreign sources may be a crime.  The IRS and its international partners are pursuing those who hide income or assets offshore to evade taxes. Specially trained IRS examiners focus on aggressive international tax planning, including the abusive use of entities and structures established in foreign jurisdictions.  The goal is to ensure U.S. citizens and residents are accurately reporting their income and paying the correct tax. 

Foreign Financial Accounts

In addition to reporting your worldwide income, you must also report on your U.S. tax return whether you have any foreign bank or investment accounts.  The Bank Secrecy Act requires you to file a Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR), if:

  • You have financial interest in, signature authority, or other authority over one or more accounts in a foreign country, and
  • The aggregate value of all foreign financial accounts exceeds $10,000 at any time during the calendar year.

More information on foreign financial account reporting requirements is in News Release FS-2007-15, Foreign Financial Accounts Reporting Requirements and Publication 4261, Do You have a Foreign Financial Account?

Consequences for Evading Taxes on Foreign Source Income

You will face serious consequences if the IRS finds you have unreported income or undisclosed foreign financial accounts.  These consequences can include not only the additional taxes, but also substantial penalties, interest, fines and even imprisonment.

Reporting Promoters of Off-Shore Tax Avoidance Schemes

The IRS encourages you to report promoters of off-shore tax avoidance schemes.  Whistleblowers who provide allegations of fraud to the IRS may be eligible for a reward by filing Form 211, Application for Award for Original Information, and following the procedures outlined in Notice 2008-4, Claims Submitted to the IRS Whistleblower Office under Section 7623.

Page Last Reviewed or Updated: 29-Nov-2013

The Http Www Irs Gov Efile

Http www irs gov efile Publication 15-B - Introductory Material Table of Contents Future Developments What's New Reminders Introduction Future Developments For the latest information about developments related to Publication 15-B, such as legislation enacted after it was published, go to www. Http www irs gov efile irs. Http www irs gov efile gov/pub15b. Http www irs gov efile What's New Cents-per-mile rule. Http www irs gov efile  The business mileage rate for 2014 is 56 cents per mile. Http www irs gov efile You may use this rate to reimburse an employee for business use of a personal vehicle, and under certain conditions, you may use the rate under the cents-per-mile rule to value the personal use of a vehicle you provide to an employee. Http www irs gov efile See Cents-Per-Mile Rule in section 3. Http www irs gov efile Qualified parking exclusion and commuter transportation benefit. Http www irs gov efile . Http www irs gov efile  For 2014, the monthly exclusion for qualified parking is $250 and the monthly exclusion for commuter highway vehicle transportation and transit passes is $130. Http www irs gov efile See Qualified Transportation Benefits in section 2. Http www irs gov efile Same-sex Marriage. Http www irs gov efile  For federal tax purposes, individuals of the same sex are considered married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex, even if the state (or foreign country) in which they now live does not recognize same-sex marriage. Http www irs gov efile For more information, see Revenue Ruling 2013-17, 2013-38 I. Http www irs gov efile R. Http www irs gov efile B. Http www irs gov efile 201, available at www. Http www irs gov efile irs. Http www irs gov efile gov/irb/2013-38_IRB/ar07. Http www irs gov efile html. Http www irs gov efile Notice 2013-61 provides special administrative procedures for employers to make claims for refund or adjustments of overpayments of social security and Medicare taxes with respect to certain same-sex spouse benefits before expiration of the period of limitations. Http www irs gov efile Notice 2013-61, 2013-44 I. Http www irs gov efile R. Http www irs gov efile B. Http www irs gov efile 432, is available at www. Http www irs gov efile irs. Http www irs gov efile gov/irb/2013-44_IRB/ar10. Http www irs gov efile html. Http www irs gov efile Recent changes to certain rules for cafeteria plans. Http www irs gov efile  Notice 2013-71, 2013-47 I. Http www irs gov efile R. Http www irs gov efile B. Http www irs gov efile 532, available at www. Http www irs gov efile irs. Http www irs gov efile gov/irb/2013-47_IRB/ar10. Http www irs gov efile html, discusses recent changes to the “use-or-lose” rule for health flexible spending arrangements (FSAs) and clarifies the transitional rule for 2013-2014 non-calendar year salary reduction elections. Http www irs gov efile See Notice 2013-71 for details on these changes. Http www irs gov efile Reminders $2,500 limit on a health flexible spending arrangement (FSA). Http www irs gov efile  For plan years beginning after December 31, 2012, a cafeteria plan may not allow an employee to request salary reduction contributions for a health FSA in excess of $2,500. Http www irs gov efile For plan years beginning after December 31, 2013, the limit is unchanged at $2,500. Http www irs gov efile For more information, see Cafeteria Plans in section 1. Http www irs gov efile Additional Medicare Tax withholding. Http www irs gov efile  In addition to withholding Medicare tax at 1. Http www irs gov efile 45%, you must withhold a 0. Http www irs gov efile 9% Additional Medicare Tax from wages you pay to an employee in excess of $200,000 in a calendar year. Http www irs gov efile You are required to begin withholding Additional Medicare Tax in the pay period in which you pay wages in excess of $200,000 to an employee and continue to withhold it each pay period until the end of the calendar year. Http www irs gov efile Additional Medicare Tax is only imposed on the employee. Http www irs gov efile There is no employer share of Additional Medicare Tax. Http www irs gov efile All wages that are subject to Medicare tax are subject to Additional Medicare Tax withholding if paid in excess of the $200,000 withholding threshold. Http www irs gov efile Unless otherwise noted, references to Medicare tax include Additional Medicare Tax. Http www irs gov efile For more information on what wages are subject to Medicare tax, see Table 2-1, later, and the chart, Special Rules for Various Types of Services and Payments, in section 15 of Publication 15, (Circular E), Employer's Tax Guide. Http www irs gov efile For more information on Additional Medicare Tax, visit IRS. Http www irs gov efile gov and enter “Additional Medicare Tax” in the search box. Http www irs gov efile Photographs of missing children. Http www irs gov efile  The IRS is a proud partner with the National Center for Missing and Exploited Children. Http www irs gov efile Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Http www irs gov efile You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Http www irs gov efile Introduction This publication supplements Publication 15 (Circular E), Employer's Tax Guide, and Publication 15-A, Employer's Supplemental Tax Guide. Http www irs gov efile It contains information for employers on the employment tax treatment of fringe benefits. Http www irs gov efile Comments and suggestions. Http www irs gov efile   We welcome your comments about this publication and your suggestions for future editions. Http www irs gov efile   You can write to us at the following address:  Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Http www irs gov efile NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Http www irs gov efile Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Http www irs gov efile   You can also send us comments from www. Http www irs gov efile irs. Http www irs gov efile gov/formspubs. Http www irs gov efile Click on More Information and then click on Comment on Tax Forms and Publications. Http www irs gov efile   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Http www irs gov efile Prev  Up  Next   Home   More Online Publications