Technical Termination under the new TCJA

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  • mario100
    Junior Member
    • Nov 2017
    • 14

    #1

    Technical Termination under the new TCJA

    I see now that a change in over 50% ownership in a partnership was considered a technical termination for filing purposes, has change that no termination filing is required. So, a regular return would be filed at the end of that tax year, is that correct? Also, could you do a voluntary technical termination, for the reason of preparing a clean return for the old partner? Is that making more work/trouble than it's worth?
    Thank you for any help insight.
  • Dude
    Senior Member
    • Dec 2018
    • 361

    #2
    If they left the partnership entirely the tax year ends on that date. If interest remains the tax year does not end.

    Unless the voluntary termination took place before 12/31/17 I doubt it:

    "The TCJA eliminated the rule for technical terminations for partnerships or entities treated as partnerships for tax years beginning after December 31, 2017. So, a partnership may now only terminate by cessation of partnership activities and liquidation, or when the partnership’s business activities no longer continue in partnership form."

    https://www.irs.gov/newsroom/questio...de-irc-sec-708
    "Dude, you are correct" Rapid Robert

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    • Burke
      Senior Member
      • Jan 2008
      • 7068

      #3
      If a partner's interest terminates due to withdrawal or cessation of partnership activity on 6/15/18, then you do two partnership returns for that year, assuming there were more than 2 partners. One 1065 with K-1's for all partners up to that date (1/1/18 to 6/15/18), and one 1065 and K-1's for the remainder of the year for all remaining partners, (6/16/18 to 12/31/18.) How many partners were there? If only 2, is another party buying the partner #1's interest? If not, it should be terminated entirely and Partner #2 can continue as a Schedule C for the remainder of the year.

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      • mario100
        Junior Member
        • Nov 2017
        • 14

        #4
        Sorry for the late reply, thanks everyone! You both answered my questions, and I was on the right track.

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