One of the tax benefits of partnerships is that they are flexible. The parties can agree to differing terms and the values and dollars associated with those terms can be trued-up in subsequent years. The allocation of profit and loss provisions provides an example. Depending on their agreement, the parties can allocate profits and losses… Continue reading Partnerships Have to Maintain Accurate Capital Accounts
Category: Partnership Tax
Find answers to partnership tax questions.
The partnership tax rules are the most flexible set of rules in the Code today. This flexibility creates opportunities. It also makes the rules complex. From tax basis to guaranteed payments. From partnership allocations to partnership distributions. We help clients benefit from the partnership tax laws.
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Funding a Business: LLC Capital Contribution vs. Loan
Taxpayers have several choices to make when starting a business. One of these choices is how to fund the business. They can fund the business with capital contributions or debt (or a combination thereof). The IRS and courts will usually follow the method the taxpayer uses. Many taxpayers do not consciously decide this issue. They… Continue reading Funding a Business: LLC Capital Contribution vs. Loan
Limited Partner Subject to Self-Employment Tax
When it comes to tax law, there are quite a few known-unknowns. These are tax questions that have been raised tangentially in court cases and rulings, but have not been fully answered. These situations confuse taxpayers. Tax practitioners are often asked to provide answers. The answers from tax practitioners often differ, as practitioners have different… Continue reading Limited Partner Subject to Self-Employment Tax
Final Regulations Issued: Leveraged Partnership Distributions Still Viable
The “leveraged partnership distribution” or “disguised sale” is a common tax savings technique used by real estate owners. Taxpayers pushed the envelope with these transactions by using “bottom dollar guarantees.” This led to guidance from the government making it more difficult to benefit from leveraged partnership distributions. The Treasury recently finalized regulations that say what… Continue reading Final Regulations Issued: Leveraged Partnership Distributions Still Viable
No Tax Due on Foreign Corporation’s Redemption of U.S. Partnership Interest
Many businesses that operate outside of the U.S. want to do business in the U.S. and they want to limit their exposure to U.S. income taxes. To do this, many in-bound investments are structured as U.S. partnerships with the parntership being formed in the U.S. to carry on the business activities in the U.S. This… Continue reading No Tax Due on Foreign Corporation’s Redemption of U.S. Partnership Interest
Issue for the New Partnership Audit Procedures Raised in TEFRA Case
The Tax Equity and Fiscal Responsibility Act of 1982 (“TEFRA”) procedures were intended to make it easier for the IRS to audit partnership tax returns. TEFRA failed to deliver. The rules are nuanced and hard to apply. The new partnership audit procedures are intended to remedy this. With the new partnership IRS audit procedures coming… Continue reading Issue for the New Partnership Audit Procedures Raised in TEFRA Case
Partnership Tax Return Cannot be Corrected by Amended Tax Return
In U.S. v. Stewart, No. 15-20596, the Fifth Circuit Court of Appeals concluded that the taxpayer was not entitled to a tax refund that was based on a corrected Schedule K-1 received from a partnership the taxpayer owned. The question on appeal was whether a partnership tax return can be corrected by filing an amended […]
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