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Level 2
April 22, 2021
Question

How to file as 0% profits interest in partnership

  • April 22, 2021
  • 2 replies
  • 1 view

I am in a partnership (LLC) started last year. It is 50/50 on equity interests, but the profit interest has my partner recveive 100% and me 0%. How should I report the company's income on my tax return? Do I have to report anything since I didn't receive any of the profits?

2 replies

M-MTax
Level 15
April 22, 2021

You report based on your partnership agreement; nothing else matters. If the net income goes to one partner then report that on the partner's K-1.

Rick19744
Level 13
Level 13
April 22, 2021

Based on the limited facts, I certainly hope that you received professional advice when drafting your LLC operating agreement.

Any LLC taxed as a partnership that is allocating the results of the LLC on anything other than your equity interest, needs to pass the extremely complex provisions of Section 704(b) of the regulations.  This area is not for the feint of heart.

 

*A reminder that posts in a forum such as this do not constitute tax advice.Also keep in mind the date of replies, as tax law changes.
HAHAuthor
Level 2
April 22, 2021

Subject to the other provisions of this Agreement, the Net Profits or Losses of the Company, for both accounting and tax purposes, will be allocated between the Members in the following manner:

Member 1: 100%

Member 2: 0%

 

Distributions to Members will be made in the same fixed proportions as the allocation of Net Profits or Losses described above.

 

No Member will have priority over any other Member for the distribution of Net Profits or Losses.