Partnership Contributions Of Property With Liabilities

State:
Multi-State
Control #:
US-0759-WG
Format:
Word; 
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Description

Partnership Resolution to Sell Property
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FAQ

When property contributed to a partnership has a basis to the contributing partner that is more or less than its fair market value, the property has what is called a built-in gain or loss.

For a contribution of property in exchange for a partnership interest that does not involve any recognition of gain by the contributing partner, the partnership takes a basis in the contributed property equal to the contributing partner's basis in the property, and the contribut- ing partner takes a basis in his ...

Contribution of encumbered property to a partnership can result in gain recognition under Code Sec. 731 (a)(1) if there is a distribution of money, actual or deemed, to the Contributing Partner which exceeds its basis in the Partnership.

The member's basis in his or her LLC interest equals the cash or value of the property contributed. However, an LLC member who contributes services in exchange for a capital interest will recognize ordinary income unless the interest he or she receives is not sufficiently vested (see Explanation: §83).

The basis to a partner of a partnership interest acquired by a contribution of property, including money, to the partnership shall be the amount of money contributed plus the adjusted basis at the time of contribution of any property contributed.

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Partnership Contributions Of Property With Liabilities