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Free filing h&r block Publication 541 - Main Content Table of Contents Forming a PartnershipOrganizations Classified as Partnerships Family Partnership Partnership Agreement Terminating a PartnershipIRS e-file (Electronic Filing) Exclusion From Partnership Rules Partnership Return (Form 1065) Partnership DistributionsSubstantially appreciated inventory items. Free filing h&r block Partner's Gain or Loss Partner's Basis for Distributed Property Transactions Between Partnership and PartnersGuaranteed Payments Sale or Exchange of Property Contribution of Property Contribution of Services Basis of Partner's InterestAdjusted Basis Effect of Partnership Liabilities Disposition of Partner's InterestSale, Exchange, or Other Transfer Payments for Unrealized Receivables and Inventory Items Liquidation at Partner's Retirement or Death Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA)Partnership Item. Free filing h&r block Small Partnerships and the Small Partnership Exception Small Partnership TEFRA Election Role of Tax Matters Partner (TMP) in TEFRA Proceedings Statute of Limitations and TEFRA Amended Returns and Administrative Adjustment Requests (AARs) How To Get Tax Help Forming a Partnership The following sections contain general information about partnerships. Free filing h&r block Organizations Classified as Partnerships An unincorporated organization with two or more members is generally classified as a partnership for federal tax purposes if its members carry on a trade, business, financial operation, or venture and divide its profits. Free filing h&r block However, a joint undertaking merely to share expenses is not a partnership. Free filing h&r block For example, co-ownership of property maintained and rented or leased is not a partnership unless the co-owners provide services to the tenants. Free filing h&r block The rules you must use to determine whether an organization is classified as a partnership changed for organizations formed after 1996. Free filing h&r block Organizations formed after 1996. Free filing h&r block   An organization formed after 1996 is classified as a partnership for federal tax purposes if it has two or more members and it is none of the following. Free filing h&r block An organization formed under a federal or state law that refers to it as incorporated or as a corporation, body corporate, or body politic. Free filing h&r block An organization formed under a state law that refers to it as a joint-stock company or joint-stock association. Free filing h&r block An insurance company. Free filing h&r block Certain banks. Free filing h&r block An organization wholly owned by a state, local, or foreign government. Free filing h&r block An organization specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships). Free filing h&r block Certain foreign organizations identified in section 301. Free filing h&r block 7701-2(b)(8) of the regulations. Free filing h&r block A tax-exempt organization. Free filing h&r block A real estate investment trust. Free filing h&r block An organization classified as a trust under section 301. Free filing h&r block 7701-4 of the regulations or otherwise subject to special treatment under the Internal Revenue Code. Free filing h&r block Any other organization that elects to be classified as a corporation by filing Form 8832. Free filing h&r block For more information, see the instructions for Form 8832. Free filing h&r block Limited liability company. Free filing h&r block   A limited liability company (LLC) is an entity formed under state law by filing articles of organization as an LLC. Free filing h&r block Unlike a partnership, none of the members of an LLC are personally liable for its debts. Free filing h&r block An LLC may be classified for federal income tax purposes as either a partnership, a corporation, or an entity disregarded as an entity separate from its owner by applying the rules in Regulations section 301. Free filing h&r block 7701-3. Free filing h&r block See Form 8832 and section 301. Free filing h&r block 7701-3 of the regulations for more details. Free filing h&r block A domestic LLC with at least two members that does not file Form 8832 is classified as a partnership for federal income tax purposes. Free filing h&r block Organizations formed before 1997. Free filing h&r block   An organization formed before 1997 and classified as a partnership under the old rules will generally continue to be classified as a partnership as long as the organization has at least two members and does not elect to be classified as a corporation by filing Form 8832. Free filing h&r block Community property. Free filing h&r block    Spouses who own a qualified entity (defined later) can choose to classify the entity as a partnership for federal tax purposes by filing the appropriate partnership tax returns. Free filing h&r block They can choose to classify the entity as a sole proprietorship by filing a Schedule C (Form 1040) listing one spouse as the sole proprietor. Free filing h&r block A change in reporting position will be treated for federal tax purposes as a conversion of the entity. Free filing h&r block   A qualified entity is a business entity that meets all the following requirements. Free filing h&r block The business entity is wholly owned by spouses as community property under the laws of a state, a foreign country, or a possession of the United States. Free filing h&r block No person other than one or both spouses would be considered an owner for federal tax purposes. Free filing h&r block The business entity is not treated as a corporation. Free filing h&r block   For more information about community property, see Publication 555, Community Property. Free filing h&r block Publication 555 discusses the community property laws of Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. Free filing h&r block Family Partnership Members of a family can be partners. Free filing h&r block However, family members (or any other person) will be recognized as partners only if one of the following requirements is met. Free filing h&r block If capital is a material income-producing factor, they acquired their capital interest in a bona fide transaction (even if by gift or purchase from another family member), actually own the partnership interest, and actually control the interest. Free filing h&r block If capital is not a material income-producing factor, they joined together in good faith to conduct a business. Free filing h&r block They agreed that contributions of each entitle them to a share in the profits, and some capital or service has been (or is) provided by each partner. Free filing h&r block Capital is material. Free filing h&r block   Capital is a material income-producing factor if a substantial part of the gross income of the business comes from the use of capital. Free filing h&r block Capital is ordinarily an income-producing factor if the operation of the business requires substantial inventories or investments in plants, machinery, or equipment. Free filing h&r block Capital is not material. Free filing h&r block   In general, capital is not a material income-producing factor if the income of the business consists principally of fees, commissions, or other compensation for personal services performed by members or employees of the partnership. Free filing h&r block Capital interest. Free filing h&r block   A capital interest in a partnership is an interest in its assets that is distributable to the owner of the interest in either of the following situations. Free filing h&r block The owner withdraws from the partnership. Free filing h&r block The partnership liquidates. Free filing h&r block   The mere right to share in earnings and profits is not a capital interest in the partnership. Free filing h&r block Gift of capital interest. Free filing h&r block   If a family member (or any other person) receives a gift of a capital interest in a partnership in which capital is a material income-producing factor, the donee's distributive share of partnership income is subject to both of the following restrictions. Free filing h&r block It must be figured by reducing the partnership income by reasonable compensation for services the donor renders to the partnership. Free filing h&r block The donee's distributive share of partnership income attributable to donated capital must not be proportionately greater than the donor's distributive share attributable to the donor's capital. Free filing h&r block Purchase. Free filing h&r block   For purposes of determining a partner's distributive share, an interest purchased by one family member from another family member is considered a gift from the seller. Free filing h&r block The fair market value of the purchased interest is considered donated capital. Free filing h&r block For this purpose, members of a family include only spouses, ancestors, and lineal descendants (or a trust for the primary benefit of those persons). Free filing h&r block Example. Free filing h&r block A father sold 50% of his business to his son. Free filing h&r block The resulting partnership had a profit of $60,000. Free filing h&r block Capital is a material income-producing factor. Free filing h&r block The father performed services worth $24,000, which is reasonable compensation, and the son performed no services. Free filing h&r block The $24,000 must be allocated to the father as compensation. Free filing h&r block Of the remaining $36,000 of profit due to capital, at least 50%, or $18,000, must be allocated to the father since he owns a 50% capital interest. Free filing h&r block The son's share of partnership profit cannot be more than $18,000. Free filing h&r block Business owned and operated by spouses. Free filing h&r block   If spouses carry on a business together and share in the profits and losses, they may be partners whether or not they have a formal partnership agreement. Free filing h&r block If so, they should report income or loss from the business on Form 1065. Free filing h&r block They should not report the income on a Schedule C (Form 1040) in the name of one spouse as a sole proprietor. Free filing h&r block However, the spouses can elect not to treat the joint venture as a partnership by making a Qualified Joint Venture Election. Free filing h&r block Qualified Joint Venture Election. Free filing h&r block   A "qualified joint venture," whose only members are spouses filing a joint return, can elect not to be treated as a partnership for federal tax purposes. Free filing h&r block A qualified joint venture conducts a trade or business where: the only members of the joint venture are spouses filing jointly; both spouses elect not to be treated as a partnership; both spouses materially participate in the trade or business (see Passive Activity Limitations in the Instructions for Form 1065 for a definition of material participation); and the business is co-owned by both spouses and is not held in the name of a state law entity such as a partnership or LLC. Free filing h&r block   Under this election, a qualified joint venture conducted by spouses who file a joint return is not treated as a partnership for federal tax purposes and therefore does not have a Form 1065 filing requirement. Free filing h&r block All items of income, gain, deduction, loss, and credit are divided between the spouses based on their respective interests in the venture. Free filing h&r block Each spouse takes into account his or her respective share of these items as a sole proprietor. Free filing h&r block Each spouse would account for his or her respective share on the appropriate form, such as Schedule C (Form 1040). Free filing h&r block For purposes of determining net earnings from self-employment, each spouse's share of income or loss from a qualified joint venture is taken into account just as it is for federal income tax purposes (i. Free filing h&r block e. Free filing h&r block , based on their respective interests in the venture). Free filing h&r block   If the spouses do not make the election to treat their respective interests in the joint venture as sole proprietorships, each spouse should carry his or her share of the partnership income or loss from Schedule K-1 (Form 1065) to their joint or separate Form(s) 1040. Free filing h&r block Each spouse should include his or her respective share of self-employment income on a separate Schedule SE (Form 1040), Self-Employment Tax. Free filing h&r block   This generally does not increase the total tax on the return, but it does give each spouse credit for social security earnings on which retirement benefits are based. Free filing h&r block However, this may not be true if either spouse exceeds the social security tax limitation. Free filing h&r block   For more information on qualified joint ventures, go to IRS. Free filing h&r block gov, enter “Election for Qualified Joint Ventures” in the search box and select the link reading “Election for Husband and Wife Unincorporated Businesses. Free filing h&r block ” Partnership Agreement The partnership agreement includes the original agreement and any modifications. Free filing h&r block The modifications must be agreed to by all partners or adopted in any other manner provided by the partnership agreement. Free filing h&r block The agreement or modifications can be oral or written. Free filing h&r block Partners can modify the partnership agreement for a particular tax year after the close of the year but not later than the date for filing the partnership return for that year. Free filing h&r block This filing date does not include any extension of time. Free filing h&r block If the partnership agreement or any modification is silent on any matter, the provisions of local law are treated as part of the agreement. Free filing h&r block Terminating a Partnership A partnership terminates when one of the following events takes place. Free filing h&r block All its operations are discontinued and no part of any business, financial operation, or venture is continued by any of its partners in a partnership. Free filing h&r block At least 50% of the total interest in partnership capital and profits is sold or exchanged within a 12-month period, including a sale or exchange to another partner. Free filing h&r block Unlike other partnerships, an electing large partnership does not terminate on the sale or exchange of 50% or more of the partnership interests within a 12-month period. Free filing h&r block See section 1. Free filing h&r block 708-1(b) of the regulations for more information on the termination of a partnership. Free filing h&r block For special rules that apply to a merger, consolidation, or division of a partnership, see sections 1. Free filing h&r block 708-1(c) and 1. Free filing h&r block 708-1(d) of the regulations. Free filing h&r block Date of termination. Free filing h&r block   The partnership's tax year ends on the date of termination. Free filing h&r block For the event described in (1), above, the date of termination is the date the partnership completes the winding up of its affairs. Free filing h&r block For the event described in (2), above, the date of termination is the date of the sale or exchange of a partnership interest that, by itself or together with other sales or exchanges in the preceding 12 months, transfers an interest of 50% or more in both capital and profits. Free filing h&r block Short period return. Free filing h&r block   If a partnership is terminated before the end of what would otherwise be its tax year, Form 1065 must be filed for the short period, which is the period from the beginning of the tax year through the date of termination. Free filing h&r block The return is due the 15th day of the fourth month following the date of termination. Free filing h&r block See Partnership Return (Form 1065), later, for information about filing Form 1065. Free filing h&r block Conversion of partnership into limited liability company (LLC). Free filing h&r block   The conversion of a partnership into an LLC classified as a partnership for federal tax purposes does not terminate the partnership. Free filing h&r block The conversion is not a sale, exchange, or liquidation of any partnership interest; the partnership's tax year does not close; and the LLC can continue to use the partnership's taxpayer identification number. Free filing h&r block   However, the conversion may change some of the partners' bases in their partnership interests if the partnership has recourse liabilities that become nonrecourse liabilities. Free filing h&r block Because the partners share recourse and nonrecourse liabilities differently, their bases must be adjusted to reflect the new sharing ratios. Free filing h&r block If a decrease in a partner's share of liabilities exceeds the partner's basis, he or she must recognize gain on the excess. Free filing h&r block For more information, see Effect of Partnership Liabilities under Basis of Partner's Interest, later. Free filing h&r block   The same rules apply if an LLC classified as a partnership is converted into a partnership. Free filing h&r block IRS e-file (Electronic Filing) Please click here for the text description of the image. Free filing h&r block e-file Certain partnerships with more than 100 partners are required to file Form 1065, Schedules K-1, and related forms and schedules electronically (e-file). Free filing h&r block Other partnerships generally have the option to file electronically. Free filing h&r block For details about IRS e-file, see the Form 1065 instructions. Free filing h&r block Exclusion From Partnership Rules Certain partnerships that do not actively conduct a business can choose to be completely or partially excluded from being treated as partnerships for federal income tax purposes. Free filing h&r block All the partners must agree to make the choice, and the partners must be able to compute their own taxable income without computing the partnership's income. Free filing h&r block However, the partners are not exempt from the rule that limits a partner's distributive share of partnership loss to the adjusted basis of the partner's partnership interest. Free filing h&r block Nor are they exempt from the requirement of a business purpose for adopting a tax year for the partnership that differs from its required tax year. Free filing h&r block Investing partnership. Free filing h&r block   An investing partnership can be excluded if the participants in the joint purchase, retention, sale, or exchange of investment property meet all the following requirements. Free filing h&r block They own the property as co-owners. Free filing h&r block They reserve the right separately to take or dispose of their shares of any property acquired or retained. Free filing h&r block They do not actively conduct business or irrevocably authorize some person acting in a representative capacity to purchase, sell, or exchange the investment property. Free filing h&r block Each separate participant can delegate authority to purchase, sell, or exchange his or her share of the investment property for the time being for his or her account, but not for a period of more than a year. Free filing h&r block Operating agreement partnership. Free filing h&r block   An operating agreement partnership group can be excluded if the participants in the joint production, extraction, or use of property meet all the following requirements. Free filing h&r block They own the property as co-owners, either in fee or under lease or other form of contract granting exclusive operating rights. Free filing h&r block They reserve the right separately to take in kind or dispose of their shares of any property produced, extracted, or used. Free filing h&r block They do not jointly sell services or the property produced or extracted. Free filing h&r block Each separate participant can delegate authority to sell his or her share of the property produced or extracted for the time being for his or her account, but not for a period of time in excess of the minimum needs of the industry, and in no event for more than one year. Free filing h&r block However, this exclusion does not apply to an unincorporated organization one of whose principal purposes is cycling, manufacturing, or processing for persons who are not members of the organization. Free filing h&r block Electing the exclusion. Free filing h&r block   An eligible organization that wishes to be excluded from the partnership rules must make the election not later than the time for filing the partnership return for the first tax year for which exclusion is desired. Free filing h&r block This filing date includes any extension of time. Free filing h&r block See Regulations section 1. Free filing h&r block 761-2(b) for the procedures to follow. Free filing h&r block Partnership Return (Form 1065) Every partnership that engages in a trade or business or has gross income must file an information return on Form 1065 showing its income, deductions, and other required information. Free filing h&r block The partnership return must show the names and addresses of each partner and each partner's distributive share of taxable income. Free filing h&r block The return must be signed by a general partner. Free filing h&r block If a limited liability company is treated as a partnership, it must file Form 1065 and one of its members must sign the return. Free filing h&r block A partnership is not considered to engage in a trade or business, and is not required to file a Form 1065, for any tax year in which it neither receives income nor pays or incurs any expenses treated as deductions or credits for federal income tax purposes. Free filing h&r block See the Instructions for Form 1065 for more information about who must file Form 1065. Free filing h&r block Partnership Distributions Partnership distributions include the following. Free filing h&r block A withdrawal by a partner in anticipation of the current year's earnings. Free filing h&r block A distribution of the current year's or prior years' earnings not needed for working capital. Free filing h&r block A complete or partial liquidation of a partner's interest. Free filing h&r block A distribution to all partners in a complete liquidation of the partnership. Free filing h&r block A partnership distribution is not taken into account in determining the partner's distributive share of partnership income or loss. Free filing h&r block If any gain or loss from the distribution is recognized by the partner, it must be reported on his or her return for the tax year in which the distribution is received. Free filing h&r block Money or property withdrawn by a partner in anticipation of the current year's earnings is treated as a distribution received on the last day of the partnership's tax year. Free filing h&r block Effect on partner's basis. Free filing h&r block   A partner's adjusted basis in his or her partnership interest is decreased (but not below zero) by the money and adjusted basis of property distributed to the partner. Free filing h&r block See Adjusted Basis under Basis of Partner's Interest, later. Free filing h&r block Effect on partnership. Free filing h&r block   A partnership generally does not recognize any gain or loss because of distributions it makes to partners. Free filing h&r block The partnership may be able to elect to adjust the basis of its undistributed property. Free filing h&r block Certain distributions treated as a sale or exchange. Free filing h&r block   When a partnership distributes the following items, the distribution may be treated as a sale or exchange of property rather than a distribution. Free filing h&r block Unrealized receivables or substantially appreciated inventory items distributed in exchange for any part of the partner's interest in other partnership property, including money. Free filing h&r block Other property (including money) distributed in exchange for any part of a partner's interest in unrealized receivables or substantially appreciated inventory items. Free filing h&r block   See Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Free filing h&r block   This treatment does not apply to the following distributions. Free filing h&r block A distribution of property to the partner who contributed the property to the partnership. Free filing h&r block Payments made to a retiring partner or successor in interest of a deceased partner that are the partner's distributive share of partnership income or guaranteed payments. Free filing h&r block Substantially appreciated inventory items. Free filing h&r block   Inventory items of the partnership are considered to have appreciated substantially in value if, at the time of the distribution, their total fair market value is more than 120% of the partnership's adjusted basis for the property. Free filing h&r block However, if a principal purpose for acquiring inventory property is to avoid ordinary income treatment by reducing the appreciation to less than 120%, that property is excluded. Free filing h&r block Partner's Gain or Loss A partner generally recognizes gain on a partnership distribution only to the extent any money (and marketable securities treated as money) included in the distribution exceeds the adjusted basis of the partner's interest in the partnership. Free filing h&r block Any gain recognized is generally treated as capital gain from the sale of the partnership interest on the date of the distribution. Free filing h&r block If partnership property (other than marketable securities treated as money) is distributed to a partner, he or she generally does not recognize any gain until the sale or other disposition of the property. Free filing h&r block For exceptions to these rules, see Distribution of partner's debt and Net precontribution gain, later. Free filing h&r block Also, see Payments for Unrealized Receivables and Inventory Items under Disposition of Partner's Interest, later. Free filing h&r block Example. Free filing h&r block The adjusted basis of Jo's partnership interest is $14,000. Free filing h&r block She receives a distribution of $8,000 cash and land that has an adjusted basis of $2,000 and a fair market value of $3,000. Free filing h&r block Because the cash received does not exceed the basis of her partnership interest, Jo does not recognize any gain on the distribution. Free filing h&r block Any gain on the land will be recognized when she sells or otherwise disposes of it. Free filing h&r block The distribution decreases the adjusted basis of Jo's partnership interest to $4,000 [$14,000 − ($8,000 + $2,000)]. Free filing h&r block Marketable securities treated as money. Free filing h&r block   Generally, a marketable security distributed to a partner is treated as money in determining whether gain is recognized on the distribution. Free filing h&r block This treatment, however, does not generally apply if that partner contributed the security to the partnership or an investment partnership made the distribution to an eligible partner. Free filing h&r block   The amount treated as money is the security's fair market value when distributed, reduced (but not below zero) by the excess (if any) of: The partner's distributive share of the gain that would be recognized had the partnership sold all its marketable securities at their fair market value immediately before the transaction resulting in the distribution, over The partner's distributive share of the gain that would be recognized had the partnership sold all such securities it still held after the distribution at the fair market value in (1). Free filing h&r block   For more information, including the definition of marketable securities, see section 731(c) of the Internal Revenue Code. Free filing h&r block Loss on distribution. Free filing h&r block   A partner does not recognize loss on a partnership distribution unless all the following requirements are met. Free filing h&r block The adjusted basis of the partner's interest in the partnership exceeds the distribution. Free filing h&r block The partner's entire interest in the partnership is liquidated. Free filing h&r block The distribution is in money, unrealized receivables, or inventory items. Free filing h&r block   There are exceptions to these general rules. Free filing h&r block See the following discussions. Free filing h&r block Also, see Liquidation at Partner's Retirement or Death under Disposition of Partner's Interest, later. Free filing h&r block Distribution of partner's debt. Free filing h&r block   If a partnership acquires a partner's debt and extinguishes the debt by distributing it to the partner, the partner will recognize capital gain or loss to the extent the fair market value of the debt differs from the basis of the debt (determined under the rules discussed in Partner's Basis for Distributed Property, later). Free filing h&r block   The partner is treated as having satisfied the debt for its fair market value. Free filing h&r block If the issue price (adjusted for any premium or discount) of the debt exceeds its fair market value when distributed, the partner may have to include the excess amount in income as canceled debt. Free filing h&r block   Similarly, a deduction may be available to a corporate partner if the fair market value of the debt at the time of distribution exceeds its adjusted issue price. Free filing h&r block Net precontribution gain. Free filing h&r block   A partner generally must recognize gain on the distribution of property (other than money) if the partner contributed appreciated property to the partnership during the 7-year period before the distribution. Free filing h&r block   The gain recognized is the lesser of the following amounts. Free filing h&r block The excess of: The fair market value of the property received in the distribution, over The adjusted basis of the partner's interest in the partnership immediately before the distribution, reduced (but not below zero) by any money received in the distribution. Free filing h&r block The “net precontribution gain” of the partner. Free filing h&r block This is the net gain the partner would recognize if all the property contributed by the partner within 7 years of the distribution, and held by the partnership immediately before the distribution, were distributed to another partner, other than a partner who owns more than 50% of the partnership. Free filing h&r block For information about the distribution of contributed property to another partner, see Contribution of Property , under Transactions Between Partnership and Partners, later. Free filing h&r block   The character of the gain is determined by reference to the character of the net precontribution gain. Free filing h&r block This gain is in addition to any gain the partner must recognize if the money distributed is more than his or her basis in the partnership. Free filing h&r block For these rules, the term “money” includes marketable securities treated as money, as discussed earlier. Free filing h&r block Effect on basis. Free filing h&r block   The adjusted basis of the partner's interest in the partnership is increased by any net precontribution gain recognized by the partner. Free filing h&r block Other than for purposes of determining the gain, the increase is treated as occurring immediately before the distribution. Free filing h&r block See Basis of Partner's Interest , later. Free filing h&r block   The partnership must adjust its basis in any property the partner contributed within 7 years of the distribution to reflect any gain that partner recognizes under this rule. Free filing h&r block Exceptions. Free filing h&r block   Any part of a distribution that is property the partner previously contributed to the partnership is not taken into account in determining the amount of the excess distribution or the partner's net precontribution gain. Free filing h&r block For this purpose, the partner's previously contributed property does not include a contributed interest in an entity to the extent its value is due to property contributed to the entity after the interest was contributed to the partnership. Free filing h&r block   Recognition of gain under this rule also does not apply to a distribution of unrealized receivables or substantially appreciated inventory items if the distribution is treated as a sale or exchange, as discussed earlier. Free filing h&r block Partner's Basis for Distributed Property Unless there is a complete liquidation of a partner's interest, the basis of property (other than money) distributed to the partner by a partnership is its adjusted basis to the partnership immediately before the distribution. Free filing h&r block However, the basis of the property to the partner cannot be more than the adjusted basis of his or her interest in the partnership reduced by any money received in the same transaction. Free filing h&r block Example 1. Free filing h&r block The adjusted basis of Emily's partnership interest is $30,000. Free filing h&r block She receives a distribution of property that has an adjusted basis of $20,000 to the partnership and $4,000 in cash. Free filing h&r block Her basis for the property is $20,000. Free filing h&r block Example 2. Free filing h&r block The adjusted basis of Steve's partnership interest is $10,000. Free filing h&r block He receives a distribution of $4,000 cash and property that has an adjusted basis to the partnership of $8,000. Free filing h&r block His basis for the distributed property is limited to $6,000 ($10,000 − $4,000, the cash he receives). Free filing h&r block Complete liquidation of partner's interest. Free filing h&r block   The basis of property received in complete liquidation of a partner's interest is the adjusted basis of the partner's interest in the partnership reduced by any money distributed to the partner in the same transaction. Free filing h&r block Partner's holding period. Free filing h&r block   A partner's holding period for property distributed to the partner includes the period the property was held by the partnership. Free filing h&r block If the property was contributed to the partnership by a partner, then the period it was held by that partner is also included. Free filing h&r block Basis divided among properties. Free filing h&r block   If the basis of property received is the adjusted basis of the partner's interest in the partnership (reduced by money received in the same transaction), it must be divided among the properties distributed to the partner. Free filing h&r block For property distributed after August 5, 1997, allocate the basis using the following rules. Free filing h&r block Allocate the basis first to unrealized receivables and inventory items included in the distribution by assigning a basis to each item equal to the partnership's adjusted basis in the item immediately before the distribution. Free filing h&r block If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Free filing h&r block Allocate any remaining basis to properties other than unrealized receivables and inventory items by assigning a basis to each property equal to the partnership's adjusted basis in the property immediately before the distribution. Free filing h&r block If the allocable basis exceeds the total of these assigned bases, increase the assigned bases by the amount of the excess. Free filing h&r block If the total of these assigned bases exceeds the allocable basis, decrease the assigned bases by the amount of the excess. Free filing h&r block Allocating a basis increase. Free filing h&r block   Allocate any basis increase required in rule (2), above, first to properties with unrealized appreciation to the extent of the unrealized appreciation. Free filing h&r block If the basis increase is less than the total unrealized appreciation, allocate it among those properties in proportion to their respective amounts of unrealized appreciation. Free filing h&r block Allocate any remaining basis increase among all the properties in proportion to their respective fair market values. Free filing h&r block Example. Free filing h&r block Eun's basis in her partnership interest is $55,000. Free filing h&r block In a distribution in liquidation of her entire interest, she receives properties A and B, neither of which is inventory or unrealized receivables. Free filing h&r block Property A has an adjusted basis to the partnership of $5,000 and a fair market value of $40,000. Free filing h&r block Property B has an adjusted basis to the partnership of $10,000 and a fair market value of $10,000. Free filing h&r block To figure her basis in each property, Eun first assigns bases of $5,000 to property A and $10,000 to property B (their adjusted bases to the partnership). Free filing h&r block This leaves a $40,000 basis increase (the $55,000 allocable basis minus the $15,000 total of the assigned bases). Free filing h&r block She first allocates $35,000 to property A (its unrealized appreciation). Free filing h&r block The remaining $5,000 is allocated between the properties based on their fair market values. Free filing h&r block $4,000 ($40,000/$50,000) is allocated to property A and $1,000 ($10,000/$50,000) is allocated to property B. Free filing h&r block Eun's basis in property A is $44,000 ($5,000 + $35,000 + $4,000) and her basis in property B is $11,000 ($10,000 + $1,000). Free filing h&r block Allocating a basis decrease. Free filing h&r block   Use the following rules to allocate any basis decrease required in rule (1) or rule (2), earlier. Free filing h&r block Allocate the basis decrease first to items with unrealized depreciation to the extent of the unrealized depreciation. Free filing h&r block If the basis decrease is less than the total unrealized depreciation, allocate it among those items in proportion to their respective amounts of unrealized depreciation. Free filing h&r block Allocate any remaining basis decrease among all the items in proportion to their respective assigned basis amounts (as decreased in (1)). Free filing h&r block Example. Free filing h&r block Armando's basis in his partnership interest is $20,000. Free filing h&r block In a distribution in liquidation of his entire interest, he receives properties C and D, neither of which is inventory or unrealized receivables. Free filing h&r block Property C has an adjusted basis to the partnership of $15,000 and a fair market value of $15,000. Free filing h&r block Property D has an adjusted basis to the partnership of $15,000 and a fair market value of $5,000. Free filing h&r block To figure his basis in each property, Armando first assigns bases of $15,000 to property C and $15,000 to property D (their adjusted bases to the partnership). Free filing h&r block This leaves a $10,000 basis decrease (the $30,000 total of the assigned bases minus the $20,000 allocable basis). Free filing h&r block He allocates the entire $10,000 to property D (its unrealized depreciation). Free filing h&r block Armando's basis in property C is $15,000 and his basis in property D is $5,000 ($15,000 − $10,000). Free filing h&r block Distributions before August 6, 1997. Free filing h&r block   For property distributed before August 6, 1997, allocate the basis using the following rules. Free filing h&r block Allocate the basis first to unrealized receivables and inventory items included in the distribution to the extent of the partnership's adjusted basis in those items. Free filing h&r block If the partnership's adjusted basis in those items exceeded the allocable basis, allocate the basis among the items in proportion to their adjusted bases to the partnership. Free filing h&r block Allocate any remaining basis to other distributed properties in proportion to their adjusted bases to the partnership. Free filing h&r block Partner's interest more than partnership basis. Free filing h&r block   If the basis of a partner's interest to be divided in a complete liquidation of the partner's interest is more than the partnership's adjusted basis for the unrealized receivables and inventory items distributed, and if no other property is distributed to which the partner can apply the remaining basis, the partner has a capital loss to the extent of the remaining basis of the partnership interest. Free filing h&r block Special adjustment to basis. Free filing h&r block   A partner who acquired any part of his or her partnership interest in a sale or exchange or upon the death of another partner may be able to choose a special basis adjustment for property distributed by the partnership. Free filing h&r block To choose the special adjustment, the partner must have received the distribution within 2 years after acquiring the partnership interest. Free filing h&r block Also, the partnership must not have chosen the optional adjustment to basis when the partner acquired the partnership interest. Free filing h&r block   If a partner chooses this special basis adjustment, the partner's basis for the property distributed is the same as it would have been if the partnership had chosen the optional adjustment to basis. Free filing h&r block However, this assigned basis is not reduced by any depletion or depreciation that would have been allowed or allowable if the partnership had previously chosen the optional adjustment. Free filing h&r block   The choice must be made with the partner's tax return for the year of the distribution if the distribution includes any property subject to depreciation, depletion, or amortization. Free filing h&r block If the choice does not have to be made for the distribution year, it must be made with the return for the first year in which the basis of the distributed property is pertinent in determining the partner's income tax. Free filing h&r block   A partner choosing this special basis adjustment must attach a statement to his or her tax return that the partner chooses under section 732(d) of the Internal Revenue Code to adjust the basis of property received in a distribution. Free filing h&r block The statement must show the computation of the special basis adjustment for the property distributed and list the properties to which the adjustment has been allocated. Free filing h&r block Example. Free filing h&r block Chin Ho purchased a 25% interest in X partnership for $17,000 cash. Free filing h&r block At the time of the purchase, the partnership owned inventory having a basis to the partnership of $14,000 and a fair market value of $16,000. Free filing h&r block Thus, $4,000 of the $17,000 he paid was attributable to his share of inventory with a basis to the partnership of $3,500. Free filing h&r block Within 2 years after acquiring his interest, Chin Ho withdrew from the partnership and for his entire interest received cash of $1,500, inventory with a basis to the partnership of $3,500, and other property with a basis of $6,000. Free filing h&r block The value of the inventory received was 25% of the value of all partnership inventory. Free filing h&r block (It is immaterial whether the inventory he received was on hand when he acquired his interest. Free filing h&r block ) Since the partnership from which Chin Ho withdrew did not make the optional adjustment to basis, he chose to adjust the basis of the inventory received. Free filing h&r block His share of the partnership's basis for the inventory is increased by $500 (25% of the $2,000 difference between the $16,000 fair market value of the inventory and its $14,000 basis to the partnership at the time he acquired his interest). Free filing h&r block The adjustment applies only for purposes of determining his new basis in the inventory, and not for purposes of partnership gain or loss on disposition. Free filing h&r block The total to be allocated among the properties Chin Ho received in the distribution is $15,500 ($17,000 basis of his interest − $1,500 cash received). Free filing h&r block His basis in the inventory items is $4,000 ($3,500 partnership basis + $500 special adjustment). Free filing h&r block The remaining $11,500 is allocated to his new basis for the other property he received. Free filing h&r block Mandatory adjustment. Free filing h&r block   A partner does not always have a choice of making this special adjustment to basis. Free filing h&r block The special adjustment to basis must be made for a distribution of property (whether or not within 2 years after the partnership interest was acquired) if all the following conditions existed when the partner received the partnership interest. Free filing h&r block The fair market value of all partnership property (other than money) was more than 110% of its adjusted basis to the partnership. Free filing h&r block If there had been a liquidation of the partner's interest immediately after it was acquired, an allocation of the basis of that interest under the general rules (discussed earlier under Basis divided among properties) would have decreased the basis of property that could not be depreciated, depleted, or amortized and increased the basis of property that could be. Free filing h&r block The optional basis adjustment, if it had been chosen by the partnership, would have changed the partner's basis for the property actually distributed. Free filing h&r block Required statement. Free filing h&r block   Generally, if a partner chooses a special basis adjustment and notifies the partnership, or if the partnership makes a distribution for which the special basis adjustment is mandatory, the partnership must provide a statement to the partner. Free filing h&r block The statement must provide information necessary for the partner to compute the special basis adjustment. Free filing h&r block Marketable securities. Free filing h&r block   A partner's basis in marketable securities received in a partnership distribution, as determined in the preceding discussions, is increased by any gain recognized by treating the securities as money. Free filing h&r block See Marketable securities treated as money under Partner's Gain or Loss, earlier. Free filing h&r block The basis increase is allocated among the securities in proportion to their respective amounts of unrealized appreciation before the basis increase. Free filing h&r block Transactions Between Partnership and Partners For certain transactions between a partner and his or her partnership, the partner is treated as not being a member of the partnership. Free filing h&r block These transactions include the following. Free filing h&r block Performing services for, or transferring property to, a partnership if: There is a related allocation and distribution to a partner, and The entire transaction, when viewed together, is properly characterized as occurring between the partnership and a partner not acting in the capacity of a partner. Free filing h&r block Transferring money or other property to a partnership if: There is a related transfer of money or other property by the partnership to the contributing partner or another partner, and The transfers together are properly characterized as a sale or exchange of property. Free filing h&r block Payments by accrual basis partnership to cash basis partner. Free filing h&r block   A partnership that uses an accrual method of accounting cannot deduct any business expense owed to a cash basis partner until the amount is paid. Free filing h&r block However, this rule does not apply to guaranteed payments made to a partner, which are generally deductible when accrued. Free filing h&r block Guaranteed Payments Guaranteed payments are those made by a partnership to a partner that are determined without regard to the partnership's income. Free filing h&r block A partnership treats guaranteed payments for services, or for the use of capital, as if they were made to a person who is not a partner. Free filing h&r block This treatment is for purposes of determining gross income and deductible business expenses only. Free filing h&r block For other tax purposes, guaranteed payments are treated as a partner's distributive share of ordinary income. Free filing h&r block Guaranteed payments are not subject to income tax withholding. Free filing h&r block The partnership generally deducts guaranteed payments on line 10 of Form 1065 as a business expense. Free filing h&r block They are also listed on Schedules K and K-1 of the partnership return. Free filing h&r block The individual partner reports guaranteed payments on Schedule E (Form 1040) as ordinary income, along with his or her distributive share of the partnership's other ordinary income. Free filing h&r block Guaranteed payments made to partners for organizing the partnership or syndicating interests in the partnership are capital expenses. Free filing h&r block Generally, organizational and syndication expenses are not deductible by the partnership. Free filing h&r block However, a partnership can elect to deduct a portion of its organizational expenses and amortize the remaining expenses (see Business start-up and organizational costs in the Instructions for Form 1065). Free filing h&r block Organizational expenses (if the election is not made) and syndication expenses paid to partners must be reported on the partners' Schedule K-1 as guaranteed payments. Free filing h&r block Minimum payment. Free filing h&r block   If a partner is to receive a minimum payment from the partnership, the guaranteed payment is the amount by which the minimum payment is more than the partner's distributive share of the partnership income before taking into account the guaranteed payment. Free filing h&r block Example. Free filing h&r block Under a partnership agreement, Divya is to receive 30% of the partnership income, but not less than $8,000. Free filing h&r block The partnership has net income of $20,000. Free filing h&r block Divya's share, without regard to the minimum guarantee, is $6,000 (30% × $20,000). Free filing h&r block The guaranteed payment that can be deducted by the partnership is $2,000 ($8,000 − $6,000). Free filing h&r block Divya's income from the partnership is $8,000, and the remaining $12,000 of partnership income will be reported by the other partners in proportion to their shares under the partnership agreement. Free filing h&r block If the partnership net income had been $30,000, there would have been no guaranteed payment since her share, without regard to the guarantee, would have been greater than the guarantee. Free filing h&r block Self-employed health insurance premiums. Free filing h&r block   Premiums for health insurance paid by a partnership on behalf of a partner, for services as a partner, are treated as guaranteed payments. Free filing h&r block The partnership can deduct the payments as a business expense, and the partner must include them in gross income. Free filing h&r block However, if the partnership accounts for insurance paid for a partner as a reduction in distributions to the partner, the partnership cannot deduct the premiums. Free filing h&r block   A partner who qualifies can deduct 100% of the health insurance premiums paid by the partnership on his or her behalf as an adjustment to income. Free filing h&r block The partner cannot deduct the premiums for any calendar month, or part of a month, in which the partner is eligible to participate in any subsidized health plan maintained by any employer of the partner, the partner's spouse, the partner's dependents, or any children under age 27 who are not dependents. Free filing h&r block For more information on the self-employed health insurance deduction, see chapter 6 in Publication 535. Free filing h&r block Including payments in partner's income. Free filing h&r block   Guaranteed payments are included in income in the partner's tax year in which the partnership's tax year ends. Free filing h&r block Example 1. Free filing h&r block Under the terms of a partnership agreement, Erica is entitled to a fixed annual payment of $10,000 without regard to the income of the partnership. Free filing h&r block Her distributive share of the partnership income is 10%. Free filing h&r block The partnership has $50,000 of ordinary income after deducting the guaranteed payment. Free filing h&r block She must include ordinary income of $15,000 ($10,000 guaranteed payment + $5,000 ($50,000 × 10%) distributive share) on her individual income tax return for her tax year in which the partnership's tax year ends. Free filing h&r block Example 2. Free filing h&r block Lamont is a calendar year taxpayer who is a partner in a partnership. Free filing h&r block The partnership uses a fiscal year that ended January 31, 2013. Free filing h&r block Lamont received guaranteed payments from the partnership from February 1, 2012, until December 31, 2012. Free filing h&r block He must include these guaranteed payments in income for 2013 and report them on his 2013 income tax return. Free filing h&r block Payments resulting in loss. Free filing h&r block   If guaranteed payments to a partner result in a partnership loss in which the partner shares, the partner must report the full amount of the guaranteed payments as ordinary income. Free filing h&r block The partner separately takes into account his or her distributive share of the partnership loss, to the extent of the adjusted basis of the partner's partnership interest. Free filing h&r block Sale or Exchange of Property Special rules apply to a sale or exchange of property between a partnership and certain persons. Free filing h&r block Losses. Free filing h&r block   Losses will not be allowed from a sale or exchange of property (other than an interest in the partnership) directly or indirectly between a partnership and a person whose direct or indirect interest in the capital or profits of the partnership is more than 50%. Free filing h&r block   If the sale or exchange is between two partnerships in which the same persons directly or indirectly own more than 50% of the capital or profits interests in each partnership, no deduction of a loss is allowed. Free filing h&r block   The basis of each partner's interest in the partnership is decreased (but not below zero) by the partner's share of the disallowed loss. Free filing h&r block   If the purchaser later sells the property, only the gain realized that is greater than the loss not allowed will be taxable. Free filing h&r block If any gain from the sale of the property is not recognized because of this rule, the basis of each partner's interest in the partnership is increased by the partner's share of that gain. Free filing h&r block Gains. Free filing h&r block   Gains are treated as ordinary income in a sale or exchange of property directly or indirectly between a person and a partnership, or between two partnerships, if both of the following tests are met. Free filing h&r block More than 50% of the capital or profits interest in the partnership(s) is directly or indirectly owned by the same person(s). Free filing h&r block The property in the hands of the transferee immediately after the transfer is not a capital asset. Free filing h&r block Property that is not a capital asset includes accounts receivable, inventory, stock-in-trade, and depreciable or real property used in a trade or business. Free filing h&r block More than 50% ownership. Free filing h&r block   To determine if there is more than 50% ownership in partnership capital or profits, the following rules apply. Free filing h&r block An interest directly or indirectly owned by, or for, a corporation, partnership, estate, or trust is considered to be owned proportionately by, or for, its shareholders, partners, or beneficiaries. Free filing h&r block An individual is considered to own the interest directly or indirectly owned by, or for, the individual's family. Free filing h&r block For this rule, “family” includes only brothers, sisters, half-brothers, half-sisters, spouses, ancestors, and lineal descendants. Free filing h&r block If a person is considered to own an interest using rule (1), that person (the “constructive owner”) is treated as if actually owning that interest when rules (1) and (2) are applied. Free filing h&r block However, if a person is considered to own an interest using rule (2), that person is not treated as actually owning that interest in reapplying rule (2) to make another person the constructive owner. Free filing h&r block Example. Free filing h&r block Individuals A and B and Trust T are equal partners in Partnership ABT. Free filing h&r block A's husband, AH, is the sole beneficiary of Trust T. Free filing h&r block Trust T's partnership interest will be attributed to AH only for the purpose of further attributing the interest to A. Free filing h&r block As a result, A is a more-than-50% partner. Free filing h&r block This means that any deduction for losses on transactions between her and ABT will not be allowed, and gain from property that in the hands of the transferee is not a capital asset is treated as ordinary, rather than capital, gain. Free filing h&r block More information. Free filing h&r block   For more information on these special rules, see Sales and Exchanges Between Related Persons in chapter 2 of Publication 544. Free filing h&r block Contribution of Property Usually, neither the partner nor the partnership recognizes a gain or loss when property is contributed to the partnership in exchange for a partnership interest. Free filing h&r block This applies whether a partnership is being formed or is already operating. Free filing h&r block The partnership's holding period for the property includes the partner's holding period. Free filing h&r block The contribution of limited partnership interests in one partnership for limited partnership interests in another partnership qualifies as a tax-free contribution of property to the second partnership if the transaction is made for business purposes. Free filing h&r block The exchange is not subject to the rules explained later under Disposition of Partner's Interest. Free filing h&r block Disguised sales. Free filing h&r block   A contribution of money or other property to the partnership followed by a distribution of different property from the partnership to the partner is treated not as a contribution and distribution, but as a sale of property, if both of the following tests are met. Free filing h&r block The distribution would not have been made but for the contribution. Free filing h&r block The partner's right to the distribution does not depend on the success of partnership operations. Free filing h&r block   All facts and circumstances are considered in determining if the contribution and distribution are more properly characterized as a sale. Free filing h&r block However, if the contribution and distribution occur within 2 years of each other, the transfers are presumed to be a sale unless the facts clearly indicate that the transfers are not a sale. Free filing h&r block If the contribution and distribution occur more than 2 years apart, the transfers are presumed not to be a sale unless the facts clearly indicate that the transfers are a sale. Free filing h&r block Form 8275 required. Free filing h&r block   A partner must attach Form 8275, Disclosure Statement, (or other statement) to his or her return if the partner contributes property to a partnership and, within 2 years (before or after the contribution), the partnership transfers money or other consideration to the partner. Free filing h&r block For exceptions to this requirement, see section 1. Free filing h&r block 707-3(c)(2) of the regulations. Free filing h&r block   A partnership must attach Form 8275 (or other statement) to its return if it distributes property to a partner, and, within 2 years (before or after the distribution), the partner transfers money or other consideration to the partnership. Free filing h&r block   Form 8275 must include the following information. Free filing h&r block A caption identifying the statement as a disclosure under section 707 of the Internal Revenue Code. Free filing h&r block A description of the transferred property or money, including its value. Free filing h&r block A description of any relevant facts in determining if the transfers are properly viewed as a disguised sale. Free filing h&r block See section 1. Free filing h&r block 707-3(b)(2) of the regulations for a description of the facts and circumstances considered in determining if the transfers are a disguised sale. Free filing h&r block Contribution to partnership treated as investment company. Free filing h&r block   Gain is recognized when property is contributed (in exchange for an interest in the partnership) to a partnership that would be treated as an investment company if it were incorporated. Free filing h&r block   A partnership is generally treated as an investment company if over 80% of the value of its assets is held for investment and consists of certain readily marketable items. Free filing h&r block These items include money, stocks and other equity interests in a corporation, and interests in regulated investment companies and real estate investment trusts. Free filing h&r block For more information, see section 351(e)(1) of the Internal Revenue Code and the related regulations. Free filing h&r block Whether a partnership is treated as an investment company under this test is ordinarily determined immediately after the transfer of property. Free filing h&r block   This rule applies to limited partnerships and general partnerships, regardless of whether they are privately formed or publicly syndicated. Free filing h&r block Contribution to foreign partnership. Free filing h&r block   A domestic partnership that contributed property after August 5, 1997, to a foreign partnership in exchange for a partnership interest may have to file Form 8865 if either of the following apply. Free filing h&r block Immediately after the contribution, the partnership owned, directly or indirectly, at least a 10% interest in the foreign partnership. Free filing h&r block The fair market value of the property contributed to the foreign partnership, when added to other contributions of property made to the partnership during the preceding 12-month period, is greater than $100,000. Free filing h&r block   The partnership may also have to file Form 8865, even if no contributions are made during the tax year, if it owns a 10% or more interest in a foreign partnership at any time during the year. Free filing h&r block See the form instructions for more information. Free filing h&r block Basis of contributed property. Free filing h&r block   If a partner contributes property to a partnership, the partnership's basis for determining depreciation, depletion, gain, or loss for the property is the same as the partner's adjusted basis for the property when it was contributed, increased by any gain recognized by the partner at the time of contribution. Free filing h&r block Allocations to account for built-in gain or loss. Free filing h&r block   The fair market value of property at the time it is contributed may be different from the partner's adjusted basis. Free filing h&r block The partnership must allocate among the partners any income, deduction, gain, or loss on the property in a manner that will account for the difference. Free filing h&r block This rule also applies to contributions of accounts payable and other accrued but unpaid items of a cash basis partner. Free filing h&r block   The partnership can use different allocation methods for different items of contributed property. Free filing h&r block A single reasonable method must be consistently applied to each item, and the overall method or combination of methods must be reasonable. Free filing h&r block See section 1. Free filing h&r block 704-3 of the regulations for allocation methods generally considered reasonable. Free filing h&r block   If the partnership sells contributed property and recognizes gain or loss, built-in gain or loss is allocated to the contributing partner. Free filing h&r block If contributed property is subject to depreciation or other cost recovery, the allocation of deductions for these items takes into account built-in gain or loss on the property. Free filing h&r block However, the total depreciation, depletion, gain, or loss allocated to partners cannot be more than the depreciation or depletion allowable to the partnership or the gain or loss realized by the partnership. Free filing h&r block Example. Free filing h&r block Areta and Sofia formed an equal partnership. Free filing h&r block Areta contributed $10,000 in cash to the partnership and Sofia contributed depreciable property with a fair market value of $10,000 and an adjusted basis of $4,000. Free filing h&r block The partnership's basis for depreciation is limited to the adjusted basis of the property in Sofia's hands, $4,000. Free filing h&r block In effect, Areta purchased an undivided one-half interest in the depreciable property with her contribution of $10,000. Free filing h&r block Assuming that the depreciation rate is 10% a year under the General Depreciation System (GDS), she would have been entitled to a depreciation deduction of $500 per year, based on her interest in the partnership, if the adjusted basis of the property equaled its fair market value when contributed. Free filing h&r block To simplify this example, the depreciation deductions are determined without regard to any first-year depreciation conventions. Free filing h&r block However, since the partnership is allowed only $400 per year of depreciation (10% of $4,000), no more than $400 can be allocated between the partners. Free filing h&r block The entire $400 must be allocated to Areta. Free filing h&r block Distribution of contributed property to another partner. Free filing h&r block   If a partner contributes property to a partnership and the partnership distributes the property to another partner within 7 years of the contribution, the contributing partner must recognize gain or loss on the distribution. Free filing h&r block   The recognized gain or loss is the amount the contributing partner would have recognized if the property had been sold for its fair market value when it was distributed. Free filing h&r block This amount is the difference between the property's basis and its fair market value at the time of contribution. Free filing h&r block The character of the gain or loss will be the same as the character of the gain or loss that would have resulted if the partnership had sold the property to the distributee partner. Free filing h&r block Appropriate adjustments must be made to the adjusted basis of the contributing partner's partnership interest and to the adjusted basis of the property distributed to reflect the recognized gain or loss. Free filing h&r block Disposition of certain contributed property. Free filing h&r block   The following rules determine the character of the partnership's gain or loss on a disposition of certain types of contributed property. Free filing h&r block Unrealized receivables. Free filing h&r block If the property was an unrealized receivable in the hands of the contributing partner, any gain or loss on its disposition by the partnership is ordinary income or loss. Free filing h&r block Unrealized receivables are defined later under Payments for Unrealized Receivables and Inventory Items. Free filing h&r block When reading the definition, substitute “partner” for “partnership. Free filing h&r block ” Inventory items. Free filing h&r block If the property was an inventory item in the hands of the contributing partner, any gain or loss on its disposition by the partnership within 5 years after the contribution is ordinary income or loss. Free filing h&r block Inventory items are defined later in Payments for Unrealized Receivables and Inventory Items. Free filing h&r block Capital loss property. Free filing h&r block If the property was a capital asset in the contributing partner's hands, any loss on its disposition by the partnership within 5 years after the contribution is a capital loss. Free filing h&r block The capital loss is limited to the amount by which the partner's adjusted basis for the property exceeded the property's fair market value immediately before the contribution. Free filing h&r block Substituted basis property. Free filing h&r block If the disposition of any of the property listed in (1), (2), or (3) is a nonrecognition transaction, these rules apply when the recipient of the property disposes of any substituted basis property (other than certain corporate stock) resulting from the transaction. Free filing h&r block Contribution of Services A partner can acquire an interest in partnership capital or profits as compensation for services performed or to be performed. Free filing h&r block Capital interest. Free filing h&r block   A capital interest is an interest that would give the holder a share of the proceeds if the partnership's assets were sold at fair market value and the proceeds were distributed in a complete liquidation of the partnership. Free filing h&r block This determination generally is made at the time of receipt of the partnership interest. Free filing h&r block The fair market value of such an interest received by a partner as compensation for services must generally be included in the partner's gross income in the first tax year in which the partner can transfer the interest or the interest is not subject to a substantial risk of forfeiture. Free filing h&r block The capital interest transferred as compensation for services is subject to the rules for restricted property discussed in Publication 525 under Employee Compensation. Free filing h&r block   The fair market value of an interest in partnership capital transferred to a partner as payment for services to the partnership is a guaranteed payment, discussed earlier. Free filing h&r block Profits interest. Free filing h&r block   A profits interest is a partnership interest other than a capital interest. Free filing h&r block If a person receives a profits interest for providing services to, or for the benefit of, a partnership in a partner capacity or in anticipation of being a partner, the receipt of such an interest is not a taxable event for the partner or the partnership. Free filing h&r block However, this does not apply in the following situations. Free filing h&r block The profits interest relates to a substantially certain and predictable stream of income from partnership assets, such as income from high-quality debt securities or a high-quality net lease. Free filing h&r block Within 2 years of receipt, the partner disposes of the profits interest. Free filing h&r block The profits interest is a limited partnership interest in a publicly traded partnership. Free filing h&r block   A profits interest transferred as compensation for services is not subject to the rules for restricted property that apply to capital interests. Free filing h&r block Basis of Partner's Interest The basis of a partnership interest is the money plus the adjusted basis of any property the partner contributed. Free filing h&r block If the partner must recognize gain as a result of the contribution, this gain is included in the basis of his or her interest. Free filing h&r block Any increase in a partner's individual liabilities because of an assumption of partnership liabilities is considered a contribution of money to the partnership by the partner. Free filing h&r block Interest acquired by gift, etc. Free filing h&r block   If a partner acquires an interest in a partnership by gift, inheritance, or under any circumstance other than by a contribution of money or property to the partnership, the partner's basis must be determined using the basis rules described in Publication 551. Free filing h&r block Adjusted Basis There is a worksheet for adjusting the basis of a partner's interest in the partnership in the Partner's Instructions for Schedule K-1 (Form 1065). Free filing h&r block The basis of an interest in a partnership is increased or decreased by certain items. Free filing h&r block Increases. Free filing h&r block   A partner's basis is increased by the following items. Free filing h&r block The partner's additional contributions to the partnership, including an increased share of, or assumption of, partnership liabilities. Free filing h&r block The partner's distributive share of taxable and nontaxable partnership income. Free filing h&r block The partner's distributive share of the excess of the deductions for depletion over the basis of the depletable property, unless the property is oil or gas wells whose basis has been allocated to partners. Free filing h&r block Decreases. Free filing h&r block   The partner's basis is decreased (but never below zero) by the following items. Free filing h&r block The money (including a decreased share of partnership liabilities or an assumption of the partner's individual liabilities by the partnership) and adjusted basis of property distributed to the partner by the partnership. Free filing h&r block The partner's distributive share of the partnership losses (including capital losses). Free filing h&r block The partner's distributive share of nondeductible partnership expenses that are not capital expenditures. Free filing h&r block This includes the partner's share of any section 179 expenses, even if the partner cannot deduct the entire amount on his or her individual income tax return. Free filing h&r block The partner's deduction for depletion for any partnership oil and gas wells, up to the proportionate share of the adjusted basis of the wells allocated to the partner. Free filing h&r block Partner's liabilities assumed by partnership. Free filing h&r block   If contributed property is subject to a debt or if a partner's liabilities are assumed by the partnership, the basis of that partner's interest is reduced (but not below zero) by the liability assumed by the other partners. Free filing h&r block This partner must reduce his or her basis because the assumption of the liability is treated as a distribution of money to that partner. Free filing h&r block The other partners' assumption of the liability is treated as a contribution by them of money to the partnership. Free filing h&r block See Effect of Partnership Liabilities , later. Free filing h&r block Example 1. Free filing h&r block Ivan acquired a 20% interest in a partnership by contributing property that had an adjusted basis to him of $8,000 and a $4,000 mortgage. Free filing h&r block The partnership assumed payment of the mortgage. Free filing h&r block The basis of Ivan's interest is: Adjusted basis of contributed property $8,000 Minus: Part of mortgage assumed by other partners (80% × $4,000) 3,200 Basis of Ivan's partnership interest $4,800 Example 2. Free filing h&r block If, in Example 1, the contributed property had a $12,000 mortgage, the basis of Ivan's partnership interest would be zero. Free filing h&r block The $1,600 difference between the mortgage assumed by the other partners, $9,600 (80% × $12,000), and his basis of $8,000 would be treated as capital gain from the sale or exchange of a partnership interest. Free filing h&r block However, this gain would not increase the basis of his partnership interest. Free filing h&r block Book value of partner's interest. Free filing h&r block   The adjusted basis of a partner's interest is determined without considering any amount shown in the partnership books as a capital, equity, or similar account. Free filing h&r block Example. Free filing h&r block Enzo contributes to his partnership property that has an adjusted basis of $400 and a fair market value of $1,000. Free filing h&r block His partner contributes $1,000 cash. Free filing h&r block While each partner has increased his capital account by $1,000, which will be re
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The Free Filing H&r Block

Free filing h&r block Publication 3 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. Free filing h&r block Tax questions. Free filing h&r block Useful Items - You may want to see: What's New Earned income credit. Free filing h&r block  The maximum income you can earn and still claim the earned income credit has increased. Free filing h&r block You may be able to take the earned income credit if you earned less than $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children; $43,038 ($48,378 for married filing jointly) if you have two qualifying children; $37,870 ($43,210 for married filing jointly) if you have one qualifying child; and $14,340 ($19,680 for married filing jointly) if you do not have any qualifying children. Free filing h&r block See Earned Income Credit , later, under Credits. Free filing h&r block Standard mileage rate. Free filing h&r block  The standard mileage rate for the cost of operating your car for business use in 2013 is 56. Free filing h&r block 5 cents a mile. Free filing h&r block The standard mileage rate for operating your car during 2013 to get medical care or to move is 24 cents a mile. Free filing h&r block The standard mileage rate for charitable use of your vehicle is 14 cents a mile. Free filing h&r block Filing status for same-sex married couples. Free filing h&r block  If you have a same-sex spouse whom you legally married in a state (or foreign country) that recognizes same-sex marriage, you and your spouse generally must use the married filing jointly or married filing separately filing status on your 2013 return, even if you and your spouse now live in a state (or foreign country) that does not recognize same-sex marriage. Free filing h&r block See Filing Returns , later. Free filing h&r block Reminders Change of address. Free filing h&r block  If you change your mailing address, be sure to notify the Internal Revenue Service (IRS) using Form 8822, Change of Address. Free filing h&r block Mail it to the Internal Revenue Service Center for your old address. Free filing h&r block (Addresses for the Service Centers are on the back of the form. Free filing h&r block ) Use Form 8822-B, Change of Address or Responsible Party—Business, if you are changing a business address. Free filing h&r block Third party designee. Free filing h&r block  You can check the “Yes” box in the Third Party Designee area of your return to authorize the IRS to discuss your return with your preparer, a friend, a family member, or any other person you choose. Free filing h&r block This allows the IRS to call the person you identified as your designee to answer any questions that may arise during the processing of your tax return. Free filing h&r block It also allows your designee to perform certain actions. Free filing h&r block See your income tax instructions for details. Free filing h&r block Future developments. Free filing h&r block  For the latest information about developments related to Publication 3, such as legislation enacted after it was published, go to www. Free filing h&r block irs. Free filing h&r block gov/pub3. Free filing h&r block Photographs of missing children. Free filing h&r block  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Free filing h&r block Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Free filing h&r block You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Free filing h&r block Introduction This publication covers the special tax situations of active members of the U. Free filing h&r block S. Free filing h&r block Armed Forces. Free filing h&r block It does not cover military pensions or veterans' benefits or give the basic tax rules that apply to all taxpayers. Free filing h&r block For information on military pensions or veterans' benefits, see Publication 525, Taxable and Nontaxable Income. Free filing h&r block If you need the basic tax rules or information on another subject not covered here, you can check our other free publications. Free filing h&r block See Publication 910, IRS Guide to Free Tax Services, for a list and descriptions of the different tax publications. Free filing h&r block For federal tax purposes, the U. Free filing h&r block S. Free filing h&r block Armed Forces includes commissioned officers, warrant officers, and enlisted personnel in all regular and reserve units under control of the Secretaries of the Defense, Army, Navy, and Air Force. Free filing h&r block The U. Free filing h&r block S. Free filing h&r block Armed Forces also includes the Coast Guard. Free filing h&r block It does not include the U. Free filing h&r block S. Free filing h&r block Merchant Marine or the American Red Cross. Free filing h&r block Members serving in an area designated or treated as a combat zone are granted special tax benefits. Free filing h&r block In the event an area ceases to be a combat zone, the IRS will do its best to notify you. Free filing h&r block Many of the relief provisions will end at that time. Free filing h&r block Comments and suggestions. Free filing h&r block   We welcome your comments about this publication and your suggestions for future editions. Free filing h&r block   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Free filing h&r block NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free filing h&r block Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free filing h&r block   You can send your comments from www. Free filing h&r block irs. Free filing h&r block gov/formspubs. Free filing h&r block Click on “More Information” and then on “Comment on Tax Forms and Publications. Free filing h&r block ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Free filing h&r block Ordering forms and publications. Free filing h&r block   Visit www. Free filing h&r block irs. Free filing h&r block gov/formspubs to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Free filing h&r block Internal Revenue Service 1201 N. Free filing h&r block Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Free filing h&r block   If you have a tax question, check the information available on IRS. Free filing h&r block gov or call 1-800-829-1040. Free filing h&r block We cannot answer tax questions sent to either of the above addresses. Free filing h&r block Useful Items - You may want to see: Publication 54 Tax Guide for U. Free filing h&r block S. Free filing h&r block Citizens and Resident Aliens Abroad 463 Travel, Entertainment, Gift, and Car Expenses 501 Exemptions, Standard Deduction, and Filing Information 503 Child and Dependent Care Expenses 505 Tax Withholding and Estimated Tax 516 U. Free filing h&r block S. Free filing h&r block Government Civilian Employees Stationed Abroad 519 U. Free filing h&r block S. Free filing h&r block Tax Guide for Aliens 521 Moving Expenses 523 Selling Your Home 525 Taxable and Nontaxable Income 527 Residential Rental Property 529 Miscellaneous Deductions 559 Survivors, Executors, and Administrators 590 Individual Retirement Arrangements (IRAs) 596 Earned Income Credit (EIC) 970 Tax Benefits for Education 3920 Tax Relief for Victims of Terrorist Attacks Form (and Instructions) 1040X Amended U. Free filing h&r block S. Free filing h&r block Individual Income Tax Return 1310 Statement of Person Claiming Refund Due a Deceased Taxpayer 2848 Power of Attorney and Declaration of Representative 3903 Moving Expenses 4868 Application for Automatic Extension of Time To File U. Free filing h&r block S. Free filing h&r block Individual Income Tax Return 8822 Change of Address 8822-B Change of Address or Responsible Party—Business 9465 Installment Agreement Request See How To Get Tax Help near the end of this publication, for information about getting IRS publications and forms. Free filing h&r block Prev  Up  Next   Home   More Online Publications