Partnership Taxation

Question 1

REG

True or false? Partnerships are a taxable entity.

Answer 1

False. Income and expenses flow through to the partner to be taxed via a
Form K-1.

Question 2

REG

When exchanging property for a partnership interest; how is gain or loss recognized?

Answer 2

Neither gain nor loss is recognized in an exchange of property for a partnership interest. It is a non-taxable event.

Question 3

REG

What is a partner’s basis in partnership property?

Answer 3

Initial basis for partnership property is the basis of the property that was contributed or exchanged for the partnership interest.

Question 4

REG

When services are exchanged for a partnership interest; how is this treated for tax purposes?

Answer 4

It is a taxable event; treated the same as compensation for the services. The taxable income equals the % of partnership interest received times the FMV of the partnership.

i.e. the FMV of the interest received is the taxable income for the service provider.

Question 5

REG

What is the partner’s basis in a partnership when they provide a service in exchange for the interest?

Answer 5

The basis in the partnership interest is the amount of taxable service revenue provided by service provider.

Question 6

REG

What is the holding period of an asset that has been contributed to a partnership?

Answer 6

The partnership inherits the holding period of the asset contributed.

The exception of inventory- the holding period begins when contributed.

Question 7

REG

What is the tax treatment of startup costs for a partnership?

Answer 7

Tax treatment is the same as that of an individual taxpayer.

However syndication fees are not deductible or amortized.

Question 8

REG

What deductions are subtracted from gross revenues to arrive at partnership income?

Answer 8

COGS
Wages - except for partners
Guaranteed payments to partners
Business bad debt (if on accrual basis)
Interest paid
Depreciation (except section 179)
Amortization (Startup costs; goodwill; etc)

Question 9

REG

How are partnership losses taken on an individual’s return?

Answer 9

Losses cannot be taken beyond a partner’s basis in the partnership

Losses in excess of basis are carried forward until basis is available

Question 10

REG

When are guaranteed payments to a partner includable in taxable income?

Answer 10

They appear in partner’s income during the year in which the partnership’s fiscal year CLOSES.

Question 11

REG

How are partner benefits paid by the partnership treated?

Answer 11

Health insurance; life insurance and other benefits paid on behalf of the partner are treated as guaranteed payments and are includable as self-employment income.

Question 12

REG

How is net self-employment income from a partnership interest calculated?

Answer 12

Partner’s % share of ordinary income from partner’s K-1
+ Guaranteed payments
- Partner’s % share of section 179 expense from K-1
= Self-employment income (subject to SE tax)

Question 13

REG

In general; what is a partner’s basis in partnership property purchased?

Answer 13

Partner’s basis is basis of goods exchanged or for services exchanged is FMV of partnership interest received.

If purchased; purchase price less liabilities incurred = basis.

For a gifted interest in a partnership; gift basis rules apply.

Question 14

REG

Which items are not deductible on Schedule K of form 1065?

Answer 14

Foreign tax paid
Investment interest expense
Section 179 expense
Charitable contributions

Mnemonic: IFC179

Question 15

REG

Which items are not counted as income on Schedule K of form 1065?

Answer 15

Passive Income
Portfolio Income
1231 Gain or Loss

Mnemonic: PP1231

Question 16

REG

How is adjusted partnership basis calculated?

Answer 16

Beginning partnership basis
+ Capital contributions
+ Share of ordinary partnership income
+ Capital gains
+ Tax-exempt partnership income (DON’T FORGET!)
= Ending partnership basis

Question 17

REG

What items DECREASE partnership basis?

Answer 17

Money distributed
Adjusted basis of property distributed
Partners’s share of ordinary losses
Partnership is relieved of a liability (considered a distribution)

Question 18

REG

What INCREASES partnership basis?

Answer 18

Partnership getting a loan
Capital contributions
Ordinary income
Capital gains
Tax-exempt income

Question 19

REG

How do liabilities either INCURRED or RELIEVED affect a partner’s basis in a partnership?

Answer 19

If the partnership gets a loan; this INCREASES basis.

If partnership is relieved of a liability; this DECREASES basis.

Question 20

REG

How do guaranteed payments affect partnership basis?

Answer 20

They do not affect basis- they are already included in ordinary income; which affects basis.

Question 21

REG

What is the order in which basis is adjusted in a partnership?

Answer 21

1. Increase basis (all items; including tax-exempt income)
2. Distributions
3. Losses (limited to basis)

Question 22

REG

How is the taxable year of a partnership determined?

Answer 22

It must be the same as 50% of the partners and use the same tax year for 3 years once adopted.

Question 23

REG

How does death of a partner affect the partnership’s taxable year?

Answer 23

The taxable year closes with respect to the decedent partner’s interest ONLY.

Question 24

REG

When CAN’T a partnership use cash basis?

Answer 24

1. They have inventories
2. Partnership is a tax shelter
3. Has a corporate partner
4. Gross receipts are $5 Million or more

Exception: If gross receipts are $1 Million or LESS and Partnership maintains inventories; Cash method is ok.

Question 25

REG

When does a partnership terminate?

Answer 25

When there is less than 2 partners (only one partner)

When 50% of the partnership interests sell within a 12 month period- partnership IMMEDIATELY terminates.

Question 26

REG

How is gain or loss on sale of a partnership interest calculated?

Answer 26

Gain or Loss = Amount realized on sale - basis in partnership interest

Question 27

REG

What is the new basis of a partnership interest sold?

Answer 27

Basis = Capital account + Liabilities assumed

Question 28

REG

How is the sale of non-capital partnership property treated?

Answer 28

As ordinary gain/loss.

Items that fall into non-capital category would be unrealized receivables; appreciated inventory; and similar.

Question 29

REG

How is a partner’s share of an ordinary gain calculated?

Answer 29

FMV of Assets (non-capital)
- Adjusted basis of assets
= Ordinary gain
x Partner’s % interest
= Partner’s share of gain

Note: No gain or loss will be recognized by a partnership upon distribution of property.

Question 30

REG

What is the order of basis reductions for distributions from a partnership?

Answer 30

1. Money distributed
2. Adjusted basis of unrealized receivables and inventory
3. Adjusted basis of other property

Note: Only MONEY distributions will trigger a gain in a partnership distribution.

Question 31

REG

When can a LOSS occur in a partnership distribution?

Answer 31

Only in a liquidating distribution.

Question 32

REG

What are the requirements for recognizing a gain in a partnership liquidating distribution?

Answer 32

1. Money was distributed
2. Unrealized receivables were distributed
3. Appreciated inventories were distributed

Otherwise; no loss recognized.