Puerto Rico Agreement to Sell Partnership Interest to Third Party
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How to fill out Agreement To Sell Partnership Interest To Third Party?
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FAQ
The exclusion for Section 1231 property applies only upon the sale of Section 1231 property. But a profits interest, unlike the actual property owned by the partnership, is a capital asset falling within the scope of Section 1061, even if the property held by the partnership is Section 1231 property.
2012 Review Schedule D, Form 8949 and Form 4797 to determine the amount of gain or loss the partner reported on the sale of the partnership interest. After determining a partner sold its interest in the partnership, establish other relevant facts that can impact the tax treatment of this transaction.
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).
In an asset purchase from a partnership, the tax consequences to the buyer are the same as for an asset purchase from a corporation. In such an asset sale, the partnership is selling the various assets of the partnership separately and the aggregate purchase price is allocated among each asset acquired.
The sale of a partnership interest is generally treated as a sale of a capital asset, resulting in capital gain or loss for the selling partner.
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.
However, no partnership Code section turns a capital loss into a Section 1231 loss. Therefore, the sale of the partnership interest in this example is a mistake. A much better result is for the partnership itself to sell the property. A sale of the property will produce the desired Section 1231 loss.