Kansas Agreement to Sell Partnership Interest to Third Party

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Multi-State
Control #:
US-134053BG
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Word; 
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Description

A partnership is a business enterprise entered into for profit which is owned by more than one person, each of whom is a "partner." A partnership may be created by a formal written agreement, but can also be established through an oral agreement or just a handshake. Each partner has an agreed percentage of ownership in return for an investment of a certain amount of money, assets and/or effort.
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FAQ

Most states don't require you to file separate state extension forms if you don't owe any additional taxes. When you file your state return, you only need to attach a copy of your federal extension form. If you owe state tax, you typically must file state tax extension to avoid penalties.

Because tax law views a partnership both as an entity and as an aggregate of partners, the sale of a partnership interest may result either in a capital gain or loss or all or a portion of the gain may be taxed as ordinary income.

If you filed federal form 7004 with the Internal Revenue Service for an extension of time, enclose a copy of that form with your completed K-120S to automatically receive a five-month extension (for Partnerships) or a six-month extension (for S-Corporations) to file your Kansas return.

This means the ownership interest a partner has in a partnership is treated as a separate asset that can be purchased and sold. The general rule is the selling partner treats the gain or loss on the sale of the partnership interest as the sale of a capital asset (see IRC 741).

How to Report a Sale of a Share of a Partnership on a 1065Complete Part I and Part II, Items E through I, on each partner's K-1. This is used to provide personal information.Complete Part III of each partner's K-1.Complete the selling partner's K-1.Complete the remaining partners' K-1s.

Kansas accepts the federal extension of time and will follow accordingly. The extension of time is to file the return not pay the tax. Ninty percent of the tax must be paid by the due date to avoid late payment penalty.

The gain or loss from the sale of a partnership interest is the difference between the sales proceeds received and the partner's tax basis in the interest at the time of the sale.

Partnerships file Form 8308 to report the sale or exchange by a partner of all or part of a partnership interest where any money or other property received in exchange for the interest is attributable to unrealized receivables or inventory items (that is, where there has been a section 751(a) exchange).

Gain Realized 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.

Extended Deadline with Kansas Tax Extension: Kansas offers a 6-month extension to taxpayers who have a valid Federal tax extension (IRS Form 4868), which moves the filing deadline from April 15 to October 15 (for calendar year filers).

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Kansas Agreement to Sell Partnership Interest to Third Party