Realized & Recognized Gains in Formation/Liquidation - CPA Regulation (REG)

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Question

Anne and Bart formed AB, LLC, a limited liability company, and elected to treat it as a partnership for tax purposes. Anne contributed $10,000 cash, and Bart contributed $5,000 cash, but Bart had a special skill that the partnership needed to be successful. The partnership agreement stated that Anne and Bart would both have a 50% interest in the LLC and that all profits and losses would be divided evenly between them. The LLC paid Bart $5,000 in year 1 for Bart's services to the partnership. The $5,000 would generally be reported to Bart as which of the following?

Answer

When a capital interest is acquired for services provided to a partnership, the interest is treated as ordinary income to the partner. Ordinary income to a partner is classified as guaranteed payments.

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Question

A partner sold a 25% interest in a partnership for $400,000 cash plus assumption of the partner's share of the partnership liabilities. The following additional information relates to the partnership activities:

  • Partner's initial cash contribution: $ 100,000
  • Partnership income during the partner's ownership time period: 1,000,000
  • Partnership liabilities at date of sale: 60,000
  • Partner's cash withdrawals: 50,000

How much gain is recognized by the partner upon the sale of the partnership interest?

Answer

To determine the gain on the sale of the interest, the partner’s basis in the interest must first be determined:

  • Initial Contribution: $100,000
  • 25% Partnership Income over Period of Ownership: $250,000
  • 25% Share of Partnership Liabilities: $15,000
  • Partner’s Cash Withdrawals: $(50,000)
  • Total Partnership Basis: $315,000

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Question

Taryn, Rose, and Summer are equal partners in TRS partnership. Taryn contributed land with an adjusted basis of $20,000 and a fair market value (FMV) of $50,000. Rose contributed equipment with an adjusted basis of $40,000 and an FMV of $50,000. Summer provided services worth $50,000. What amount of income is recognized as a result of the transfers?

Answer

In formation of a partnership, the only two instances in which a gain (income) is recognized is when a partner contributes services in exchange for capital interest, or when property contributed is subject to a liability in excess of the property’s adjusted basis. Here, Summer provided services and so would recognize $50,000 of income. The other two partners would recognize no gain on their contribution of property.

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Question

In the absence of an election to adopt an annual accounting period, the required tax year for a partnership is:

Answer

In the absence of election to adopt an annual accounting period, the required tax year for a partnership is the tax year of one or more partners who have more than 50% interest in aggregate of profits and capital, per the majority interest rule

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Question

Andrew contributed the following assets to a partnership in exchange for a 50% interest in the partnership’s capital and profits: Cash of $50,000, Equipment with a FMV of $35,000 and Carrying amount of $25,000. Andrew’s basis in the partnership is:

Answer

The basis of the partner’s interest in the partnership is calculated as $50,000 + $25,000 = $75,000.

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Question

A partner’s basis in a partnership will increase by his or her share of liabilities assumed by the partnership.

Answer

This statement is true and has no correlation with the TCJA or any other tax reform.

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