If a partnership consisting of two 50% partners distributes a piece of land to the partners 50 - 50 into the partners individual names and the 2 individuals incur expenses to maintain the land and later sell the land, would they report the sale/expenses on their 1040 Sch C or Sch E or file as a new partnership?
Announcement
Collapse
No announcement yet.
Distribution From Partnership
Collapse
X
-
Neither One
Sale of land owned by individuals is reportable as a Schedule D transaction. Each owner reports half the profit/loss.
From your post, the land was transferred OUT of the partnership. With respect to the land, ownership exists but an operation does not exist. The land by itself is not a partnership just because incidental expenses such as property taxes, liability insurance, and selling expenses may have been incurred.
-
As always the answer is it depends.
Taxman keeps referring to a Schedule C. Was the original partnership in the business of dealing real estate? If so then the distribution was of "inventory" as opposed to a capital asset. There is not enough information given to answer this question correctly.
Comment
-
Partnership originally held 3 lots of land and sold 2 of the lots. I assume the lots of land would be treated as inventory and upon a distribution from the partnership to an indivual partner it would be considered inventory in the partners hands. If the partner then in turned incurred expenses would he be able to expense those items or would they be capitalized?
Comment
Disclaimer
Collapse
This message board allows participants to freely exchange ideas and opinions on areas concerning taxes. The comments posted are the opinions of participants and not that of Tax Materials, Inc. We make no claim as to the accuracy of the information and will not be held liable for any damages caused by using such information. Tax Materials, Inc. reserves the right to delete or modify inappropriate postings.
Comment