This means the ownership interest a partner has in a partnership is treated as a separate asset that can be purchased and sold.
If a partner or group of partners disposes of their partnership interests they can not defer their income tax liabilities by completing a 1031 Exchange because interests in a partnership are personal property interests and can not be exchanged for an interest in real property.
A sale of a partnership interest occurs when one partner sells their ownership interest to another person or entity. The partnership is generally not involved in the transaction. However, the buyer and seller will notify the partnership of the transaction.
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.
The Partnership Buyout Agreement Your path to an ownership sale will be simpler if you created a clear and thorough partnership buyout agreement when you started your company. The agreement should discuss what might lead to one of the partners wanting to sell her share and state the terms and timing that would apply.
Examine Your Limited Partnership Agreement. Vote to Dissolve Your Limited Partnership. File Dissolution Papers. Publish Notice of Your Dissolution. Review Your Third-Party Contracts. Liquidate Your Assets and Settle Your Debts. Distribute Remaining Assets to Partners. Cancel Business Accounts, Licenses, and Permits.
To enter IRC Section 751 Gains and Losses: Go to Screen 17.1, Dispositions. Enter two transactions, one for the ordinary income and one for the capital gains income. NOTE: the ordinary income transaction must be SHORT TERM to show on line 14 of the 1040.
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.