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Income and deductions from a partnership maintain their original classification when they are passed through to a partner. For example, long-term capital gains will be taxed at a max rate of 23.8%, and ordinary business income is subject to self-employment tax.
Section 754 allows a partnership to make an election to ?step-up? the basis of the assets within a partnership when one of two events occurs: distribution of partnership property or transfer of an interest by a partner.
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.
To enter a portion of the gain from the sale of a partnership interest, as ordinary income and capital gain, on Form 4797, Sales of Business Property, Part II, Line 10, the sale will need to be entered as two transactions in Screen 17, Dispositions.
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.
There are two parties in the assignment of interest: assignor and assignee. The assignor is the business partner who is transferring their rights in the partnership in exchange for compensation. The assignee is a new partner who purchases the previous partner's interest in the partnership.