partnership distribution beyond basis question

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  • nwtaxlady
    Senior Member
    • Sep 2009
    • 418

    #1

    partnership distribution beyond basis question

    My client has a very small partnership with his brother. This year his beginning basis was $549 and income $420 and has withdrawals & distributions of $2077.
    So he took out more than his basis. 549+420=969 and took out $2077 leaves a negative <1108>. I believe this is taxable as capital gain. I haven't seen one of these situations in years, so correct me if I am wrong. And so how do I report it on Sch D? Do I just put it under Long Term and description of "Excess of distribution over basis" and put in the $1108 with no cost? Then would his beginning basis next year just be zero?

    Like I said, I haven't had this situation in years so need guidance of what to do exactly.

    Thanks
  • DianeOffutt
    Junior Member
    • Mar 2006
    • 4

    #2
    Partnership Debt creates Basis for partners

    Does the Partnership have any debt? If so you have to allocate it towards basis before capital gain is considered.
    Diane Offutt
    Accounting Connections, LLC
    Woodstock, Georgia 30189
    (770) 846-7799

    Comment

    • nwtaxlady
      Senior Member
      • Sep 2009
      • 418

      #3
      No, the Partnership has NO debt!

      Comment

      • DianeOffutt
        Junior Member
        • Mar 2006
        • 4

        #4
        ST or LT CG treatment would be based on the partners holding period of his interest in the partnership.
        Diane Offutt
        Accounting Connections, LLC
        Woodstock, Georgia 30189
        (770) 846-7799

        Comment

        • DianeOffutt
          Junior Member
          • Mar 2006
          • 4

          #5
          Report on form 8949, then Schedule D

          Excess distributions over Partnership Basis is reported on form 8949, zero basis, then transferred over to Schedule D, either ST or LT depending on holding period.
          Diane Offutt
          Accounting Connections, LLC
          Woodstock, Georgia 30189
          (770) 846-7799

          Comment

          • Roland Slugg
            Senior Member
            • Aug 2006
            • 1860

            #6
            Before treating the excess distribution as income, I would talk to the partners about it and explain the tax consequences. It's quite possible the partner will want to return his excess withdrawal to the p'ship, treating it as a loan during the interim.
            Roland Slugg
            "I do what I can."

            Comment

            • nwtaxlady
              Senior Member
              • Sep 2009
              • 418

              #7
              Originally posted by DianeOffutt
              Excess distributions over Partnership Basis is reported on form 8949, zero basis, then transferred over to Schedule D, either ST or LT depending on holding period.
              ok.. and just put "Excess distribution over basis" for description?

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