Generally, a partner selling his partnership interest recognizes capital gain or loss on the sale. The amount of the gain or loss recognized is the difference between the amount realized and the partner's adjusted tax basis in his partnership interest.
The best way to sell your limited partnership interest may lie in finding an experienced broker or advisor who can help you to identify potential buyers and guide you through any negotiations that may arise.
As with an S corporation, the 3.8% net investment income tax generally does not apply to gain recognized on a sale of partnership interests, or gain allocable to a partner from a sale of the assets of the partnership, to the extent the relevant partner “materially participates” in the business of the partnership.
If a partnership holds IRC 751(a) property at the time of the sale, the partner recognizes gain or loss from its share of IRC 751(a) assets. The ordinary gain or loss is subtracted from the total gain or loss. The result is the partner's capital gain or loss from the sale.
Types of partnerships: Liability & tax considerations In Utah, partnerships are generally taxed as pass-through entities, meaning the profit and losses from the businesses pass directly into the partners' personal incomes. Utah does require a yearly partnership return from each partnership within the state.
To submit the TC-65 form, ensure all fields are accurately filled out and signed. You can submit electronically through the Utah Tax Commission's e-filing portal or mail the completed form to the provided address: Utah State Tax Commission, 210 North 1950 West, Salt Lake City, Utah 84134.
This means the ownership interest a partner has in a partnership is treated as a separate asset that can be purchased and sold.