Discussion:Contributing Assets & Liabilities

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{{ForumReplyPost|UserID=Natalie|Date=March 21, 2008|Text=If we are looking at this from the perspective of what is required for tax purposes, I think you are correct. I think we need more information here instead of assuming one thing or another.}} {{ForumReplyPost|UserID=Natalie|Date=March 21, 2008|Text=If we are looking at this from the perspective of what is required for tax purposes, I think you are correct. I think we need more information here instead of assuming one thing or another.}}
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 +{{ForumReplyPost|UserID=PostingFromWork|Date=21 March 2008|Text=Now I'm really confused, because I'm certain that for tax purposes, the partnership uses the partner's adj basis. §723, right?}}

Revision as of 01:33, 21 March 2008

Discussion Forum Index --> Advanced Tax Questions --> Contributing Assets & Liabilities
Discussion Forum Index --> Tax Questions --> Contributing Assets & Liabilities

Tsarlone (talk|edits) said:

19 March 2008
My brain hurts right now so i want to verfiy my thought process.

single member llc as of 12/31/06 forms a partnership with anouther individual on 1/1/07 and contributes all asset and debt of llc into partnership.

1. For bookkeeping purposes, I am just keeping the llc books as is and reclassing retained earnings as contributed capital from llc member - all assets and liabilities will remain same...is this correct?

2. The retained earnings (cash basis) number is a negative (i.e. liabilities greater that assets), however when outside basis in calcualted with his portion of liabilites as of 1/1/07, he has a positive basis. I assume there is not a capital gain that needs to be reported on his 1040....is this correct?

3. He did contribute A/R and A/P, which has not been taken into consideration with figuring basis because llc was cash basis....is this correct?

4. Am I missing anything? Elections? Attachments to original return?

Thanks!

Tsarlone (talk|edits) said:

20 March 2008
Anyone?

Natalie (talk|edits) said:

March 21, 2008
1. This sounds reasonable if the partnership agreed to assume the liabilities.

2.  ?? Are you referring to the transfer? In other words, the liabilities being transferred to the partnership are greater than the assets? Why would someone even agree to do this?

3. Do you mean A/R and A/P are included in the assets to transfer in #1 above?

So books are kept on an accrual basis and tax is cash basis? What does the partnership agreement say with respect to what is to be contributed?

PostingFromWork (talk|edits) said:

21 March 2008
Unless you are keeping the books on a income tax basis, I don't think 1 is even close to the correct approach.

Also, LLC's don't have R/E.

Natalie (talk|edits) said:

March 21, 2008
Well, PFW, if the partnership agreed to assume the assets and liabilities as they were on the LLC's books, why wouldn't that work? As far as the retained earnings, I assumed he meant the balance in the capital account. It sounds like there are some other issues here, however.

PostingFromWork (talk|edits) said:

21 March 2008
Correct me if I'm wrong; Assuming that they aren't using tax basis for bookkeeping, that assets being contributed to a partnership go on to the partnership's books at FMV, not the partners adj basis.

Natalie (talk|edits) said:

March 21, 2008
If we are looking at this from the perspective of what is required for tax purposes, I think you are correct. I think we need more information here instead of assuming one thing or another.

PostingFromWork (talk|edits) said:

21 March 2008
Now I'm really confused, because I'm certain that for tax purposes, the partnership uses the partner's adj basis. §723, right?