REG- Partnership Taxation Flashcards Preview

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Flashcards in REG- Partnership Taxation Deck (32)
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2
Q

True or false? Partnerships are a taxable entitiy.

A

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

3
Q

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

A

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

4
Q

What is a partner’s basis in partnership property?

A

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

5
Q

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

A

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.

6
Q

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

A

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

7
Q

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

A

The partnership inherits the holding period of the asset contributed.

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

8
Q

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

A

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

However syndication fees are not deductible or amortized.

9
Q

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

A
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)
10
Q

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

A

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

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

11
Q

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

A

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

12
Q

How are partner benefits paid by the partnership treated?

A

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.

13
Q

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

A

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)

14
Q

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

A

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.

15
Q

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

A

Foreign tax paid
Investment interest expense
Section 179 expense
Charitable contributions

Mnemonic: IFC179

16
Q

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

A

Passive Income
Portfolio Income
1231 Gain or Loss

Mnemonic: PP1231

17
Q

How is adjusted partnership basis calculated?

A
Beginning partnership basis
\+ Capital contributions
\+ Share of ordinary partnership income
\+ Capital gains
\+ Tax-exempt partnership income (DON'T FORGET!)
= Ending partnership basis
18
Q

What items DECREASE partnership basis?

A

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

19
Q

What INCREASES partnership basis?

A
Partnership getting a loan
Capital contributions
Ordinary income
Capital gains
Tax-exempt income
20
Q

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

A

If the partnership gets a loan, this INCREASES basis.

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

21
Q

How do guaranteed payments affect partnership basis?

A

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

22
Q

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

A
  1. Increase basis (all items, including tax-exempt income)
  2. Distributions
  3. Losses (limited to basis)
23
Q

How is the taxable year of a partnership determined?

A

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

24
Q

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

A

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

25
Q

When CAN’T a partnership use cash basis?

A
  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 ptnrshp maintains inventories, Cash method is ok.

26
Q

When does a partnership terminate?

A

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.

27
Q

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

A

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

28
Q

What is the new basis of a partnership interest sold?

A

Basis = Capital account + Liabilities assumed

29
Q

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

A

As ordinary gain/loss.

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

30
Q

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

A
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.

31
Q

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

A
  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.

32
Q

When can a LOSS occur in a partnership distribution?

A

Only in a liquidating distribution.

33
Q

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

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

Otherwise, no loss recognized.