Tax rules are involved in determining the basis of property in a partnership that liquidates distribution. Here's a brief explanation:
- Begin with the Partner's outside basis: The adjusted basis of the partner's partnership interest prior to distribution.
- The distributed property is granted the entirety of the outside basis. If there are multiple properties to be distributed, they are allocated proportionally according to their fair market value.
- The partner's outside basis is reduced first when cash is part of the distribution. Any remaining basis is given to the property.
- When distributing 'hot assets', such as inventory or unrealized receivables, special rules may be implemented to ensure proper tax treatment.
Here's an explanation using an example:
"Partner-A's" interest in the partnership "D" had an adjusted basis of $40,000.
In complete liquidation of D "Parther-A" received $20,000 cash, inventory items with a basis to "D" of '$10,000 ", and land used in the partnership more than 1 year with an adjusted basis to " D " of $15,000 and a fair market value of $18,000.
What is " A's" basis in the land received?
Solution:
Basis will be allocated in the following order:
- A's adjusted basis in partnership "D" $40,000
- Cash distribution to "A" (20,000)
- Basis to be allocated to inventory $20,000 ($40,000 - $20,000)
- Inventory distribution to "A" $10,000 leaving $10,000 basis to land ($20,000 - $10,000).