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Vita free tax help Publication 3920 - Introductory Material Table of Contents Introduction Useful Items - You may want to see: Introduction This publication explains some of the provisions of the Victims of Terrorism Tax Relief Act of 2001. Vita free tax help Under this Act, the federal income tax liability of those killed in the following attacks is forgiven for certain tax years. Vita free tax help The April 19, 1995, attack on the Alfred P. Vita free tax help Murrah Federal Building (Oklahoma City attack). Vita free tax help The September 11, 2001, attacks on the World Trade Center, the Pentagon, and United Airlines Flight 93 in Somerset County, Pennsylvania (September 11 attacks). Vita free tax help Terrorist attacks involving anthrax occurring after September 10, 2001, and before January 1, 2002 (anthrax attacks). Vita free tax help The Act also provides other types of relief. Vita free tax help For example, it provides that the following amounts are not included in income. Vita free tax help Payments from the September 11th Victim Compensation Fund of 2001. Vita free tax help Qualified disaster relief payments made after September 10, 2001, to cover personal, family, living, or funeral expenses incurred because of a terrorist attack. Vita free tax help Certain disability payments received in tax years ending after September 10, 2001, for injuries sustained in a terrorist attack. Vita free tax help Death benefits paid by an employer to the survivor of an employee if the benefits are paid because the employee died as a result of a terrorist attack. Vita free tax help Debt cancellations made after September 10, 2001, and before January 1, 2002, because an individual died as a result of the September 11 attacks or anthrax attacks. Vita free tax help Worksheet A. Vita free tax help Figuring the Tax To Be Forgiven (For Decedents Who Filed a Return as Single, Married Filing Separately, Head of Household, or Qualifying Widow(er))         (A) First Eligible Year (1994 or 2000) (B) Second Eligible Year (1995 or 2001) (C) Third Eligible Year (1996 or 2002) 1 Enter the years eligible for tax forgiveness. Vita free tax help 1       2 Enter the total tax from the decedent's income tax return. Vita free tax help See Table 1 on page 5 for the line number for years before 2002. Vita free tax help 2       3 Enter the following taxes, if any, shown on the decedent's income tax return. Vita free tax help (These taxes are not eligible for forgiveness. Vita free tax help )           a Self-employment tax. Vita free tax help 3a         b Social security and Medicare tax on tip income not reported to employer. Vita free tax help 3b         c Tax on excess contributions to IRAs, Coverdell education savings accounts (formerly Ed IRAs), or Archer MSAs (formerly medical savings accounts). Vita free tax help 3c         d Tax on excess accumulation in qualified retirement plans. Vita free tax help 3d         e Household employment taxes. Vita free tax help 3e         f Uncollected social security and Medicare or RRTA tax on tips or group-term life insurance. Vita free tax help 3f         g Tax on golden parachute payments. Vita free tax help 3g       4 Add lines 3a through 3g. Vita free tax help 4       5 Tax to be forgiven. Vita free tax help Subtract line 4 from line 2. Vita free tax help 5       Note. Vita free tax help If the total of columns (A), (B), and (C) of line 5 (including any amounts shown on line 15 of Worksheet B) is less than $10,000, also complete Worksheet C. Vita free tax help Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. Vita free tax help If filing Form 1040X for an eligible year, enter the amount from line 5 above on Form 1040X in column B of line 10 as a decrease in tax. Vita free tax help The IRS will determine the amount to be refunded. Vita free tax help Worksheet A. Vita free tax help Figuring the Tax To Be Forgiven (For Decedents Who Filed a Return as Single, Married Filing Separately, Head of Household, or Qualifying Widow(er))         (A) First Eligible Year (1994 or 2000) (B) Second Eligible Year (1995 or 2001) (C) Third Eligible Year (1996 or 2002) 1 Enter the years eligible for tax forgiveness. Vita free tax help 1       2 Enter the total tax from the decedent's income tax return. Vita free tax help See Table 1 on page 5 for the line number for years before 2002. Vita free tax help 2       3 Enter the following taxes, if any, shown on the decedent's income tax return. Vita free tax help (These taxes are not eligible for forgiveness. Vita free tax help )           a Self-employment tax. Vita free tax help 3a         b Social security and Medicare tax on tip income not reported to employer. Vita free tax help 3b         c Tax on excess contributions to IRAs, Coverdell education savings accounts (formerly Ed IRAs), or Archer MSAs (formerly medical savings accounts). Vita free tax help 3c         d Tax on excess accumulation in qualified retirement plans. Vita free tax help 3d         e Household employment taxes. Vita free tax help 3e         f Uncollected social security and Medicare or RRTA tax on tips or group-term life insurance. Vita free tax help 3f         g Tax on golden parachute payments. Vita free tax help 3g       4 Add lines 3a through 3g. Vita free tax help 4       5 Tax to be forgiven. Vita free tax help Subtract line 4 from line 2. Vita free tax help 5       Note. Vita free tax help If the total of columns (A), (B), and (C) of line 5 (including any amounts shown on line 15 of Worksheet B) is less than $10,000, also complete Worksheet C. Vita free tax help Attach the computation of the tax to be forgiven or a copy of this worksheet to the decedent's final income tax return or amended tax return (Form 1040X) for each year listed on line 1. Vita free tax help If filing Form 1040X for an eligible year, enter the amount from line 5 above on Form 1040X in column B of line 10 as a decrease in tax. Vita free tax help The IRS will determine the amount to be refunded. Vita free tax help Useful Items - You may want to see: Publication 547 Casualties, Disasters, and Thefts 559 Survivors, Executors, and Administrators Form (and Instructions) 706 United States Estate (and Generation- Skipping Transfer) Tax Return 1040 U. Vita free tax help S. Vita free tax help Individual Income Tax Return 1040NR U. Vita free tax help S. Vita free tax help Nonresident Alien Income Tax Return 1040X Amended U. Vita free tax help S. Vita free tax help Individual Income Tax Return 1041 U. Vita free tax help S. Vita free tax help Income Tax Return for Estates and Trusts 1310 Statement of Person Claiming Refund Due a Deceased Taxpayer 4506 Request for Copy or Transcript of Tax Form Prev  Up  Next   Home   More Online Publications
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Contact My Local Office in Arkansas

Face-to-face Tax Help

IRS Taxpayer Assistance Centers (TACs) are your source for personal tax help when you believe your tax issue can only be handled face-to-face. No appointment is necessary.

Keep in mind, many questions can be resolved online without waiting in line. Through IRS.gov you can:
• Set up a payment plan.
• Get a transcript of your tax return.
• Make a payment.
• Check on your refund.
• Find answers to many of your tax questions.

We are now referring all requests for tax return preparation services to other available resources. You can take advantage of free tax preparation through Free File, Free File Fillable Forms or through a volunteer site in your community. To find the nearest volunteer site location or to get more information about Free File, go to the top of the page and enter “Free Tax Help” in the Search box.

If you have a tax account issues and feel that it requires talking with someone face-to-face, visit your local TAC.

Caution:  Many of our offices are located in Federal Office Buildings. These buildings may not allow visitors to bring in cell phones with camera capabilities.

Multilingual assistance is available in every office. Hours of operation are subject to change.

Before visiting your local office click on "Services Provided" in the chart below to see what services are available. Services are limited and not all services are available at every TAC office and may vary from site to site. You can get these services on a walk-in basis.

City  Street Address  Days/Hours of Service  Telephone* 
Fayetteville  655 E. Millsap Rd.
Fayetteville, AR 72703 

Monday-Friday - 8:30 a.m.-4:30 p.m.
 

Services Provided

(479) 442-3948 
Ft. Smith  4905 Old
Greenwood Rd.
Ft. Smith, AR 72903 

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 11:30 a.m.-12:30 p.m.) 
 

**This office will be open until 6:00 p.m. on 4/14 & 4/15**

 

Services Provided

(479) 649-8602 
Jonesboro  615 S. Main St.
Jonesboro, AR 72401 

Monday-Friday - 8:30 a.m.-4:30 p.m.
(Closed for lunch 11:30 a.m.-12:30 p.m.)

 

Services Provided

(870) 802-0219 
Little Rock  700 W. Capitol
Little Rock, AR 72201 

Monday-Friday - 8:30 a.m.-4:30 p.m.
 

Services Provided

(501) 324-5111 


* Note: The phone numbers in the chart above are not toll-free for all locations. When you call, you will reach a recorded business message with information about office hours, locations and services provided in that office. If face-to-face assistance is not a priority for you, you may also get help with IRS letters or resolve tax account issues by phone, toll free at 1-800-829-1040 (individuals) or 1-800-829-4933 (businesses).

For information on where to file your tax return please see Where to File Addresses.

The Taxpayer Advocate Service: Call (501) 396-5978 in Little Rock, or 1-877-777-4778 elsewhere, or see  Publication 1546, The Taxpayer Advocate Service of the IRS. For further information, see  Tax Topic 104.

Partnerships

IRS and organizations all over the country are partnering to assist taxpayers. Through these partnerships, organizations are also achieving their own goals. These mutually beneficial partnerships are strengthening outreach efforts and bringing education and assistance to millions.

For more information about these programs for individuals and families, contact the Stakeholder Partnerships, Education and Communication Office at:

Internal Revenue Service
700 W. Capitol Avenue, Stop 1040
Little Rock, AR 72201

For more information about these programs for businesses, your local Stakeholder Liaison office establishes relationships with organizations representing small business and self-employed taxpayers. They provide information about the policies, practices and procedures the IRS uses to ensure compliance with the tax laws. To establish a relationship with us, use this list to find a contact in your state:

Stakeholder Liaison (SL) Phone Numbers for Organizations Representing Small Businesses and Self-employed Taxpayers.

Page Last Reviewed or Updated: 28-Mar-2014

The Vita Free Tax Help

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