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Business & farm
I agree with the other responses in that you need to have a one on one with a tax professional as a forum such as this is not conducive to back and forth and we can't see any documents, etc.
However, at a high level, this is what I see:
- Don't lose sleep, but I would either make an appointment with the preparer of the 1065 and K-1's or meet with another tax professional if you are not comfortable with the preparer of the 1065. Take all your K-1's received to this appointment.
- Without being able to see any documentation and ask questions, we will need to make the assumption that the K-1 you received is correct; right or wrong, this is what is being reported to the IRS.
- Having said that, I believe the piece you are missing is that you haven't been tracking your basis in this investment. This is critical as there are several keys here:
- Unless you know your tax basis in the investment, you can't determine your overall gain or loss
- You also need to know what your liquidating distribution is; maybe this is the $66,820 figure?
- Your K-1 activity impacts your tax basis, so while you may be reporting the gains reflected on the K-1, this increases your tax basis.
- Bottom line is you need to determine your tax basis BEFORE accounting for any liquidating distributions. At a minimum, based on the limited facts, you started with the $55,000, you need to adjust this for the applicable lines on the K-1 and any capital contributions you made. This needs to be adjusted for each year including the final year K-1. So at a minimum your tax basis is the $55,000 plus the Section 1231 gain on the K-1 ($64,821). The Section 1250 gain is not really a separate gain. This figure will go into the computation of any capital gains tax that may be subject to 25% tax rate vs whatever your normal capital gains tax rate is.
- The Section 179 is the possible recharacterization of capital gain to ordinary income. This is Section 751 hot assets.
- I am not real clear on what the $58,000 represents. If this represents actual capital you contributed, then this is also added to your tax basis.
- When you look at the pieces that you haven't accounted for, in the end, it appears you have some ordinary gain (result of Section 751) and then maybe a capital loss. Just not clear.
- I just don't think it is as bad as you think it is, but you need to have someone walk through the tax implications.
*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.
Also keep in mind the date of replies, as tax law changes.
March 22, 2021
5:02 PM