Business & farm

I am going to suggest a one on one due to the fact that a forum such as this isn't optimal for in-depth questions such as this.  I will, however, offer some comments:

  • The facts are not real clear.  You indicate the LLC was dissolved, but yet you are asking about what to do with various assets.
  • Based on the above, the LLC is not technically dissolved / liquidated for tax purposes at this time. 
  • You can dissolve an LLC for state law purposes, but that doesn't necessarily impact your federal tax consequences; or possibly state tax reporting purposes as well
  • If the LLC is dissolving (closing) for whatever business purpose, then it needs to liquidate all the assets.
  • For federal (and most states will follow federal) tax purposes your LLC is still in existence until you liquidate whatever is left in the LLC and file a final return.
  • Yes, your balance sheet should be zero for the final LLC tax return.
  • What ever is left inside the LLC needs to either be sold and report the gain at the LLC level, or distribute the assets out to the members.
  • Liquidating distributions can get complicated as they take a substituted basis.  In general, there is no gain or loss recognized.  There are some exceptions when the liquidating distribution consists of only cash and/ or inventory.
  • The regulations have ordering rules on how to determine the substituted basis of assets received in a liquidating distribution.
  • No recapture (section 179) occurs at the time of the liquidating distribution, however, the recapture carries over to the member who receives the property.  Recapture will occur when the member disposes of the property.
  • The other big issue is you need to make sure the liquidating distribution is based on each member's ownership if "hot assets" are being distributed in the liquidating process.
  • Essentially the answer to your overall question is that you need to have a liquidating distribution of any remaining property which gets reflected on Schedule K-1 box 19 code A or C (not sufficient facts to determine if a code B is applicable).  It doesn't matter how the member will use the property.  Any property received will continue to use the same depreciation method (if applicable) and the holding period of the LLC carries over to the member.
  • If assets are distributed out in the liquidating distribution, then in TT you will need to reflect the distribution with no gain or loss at the LLC level.  I am not in a Windows environment so can't speak to how this gets handled within the software.  I believe @Anonymous_ can provide some assistance in this area.
  • Another key in this area, is that each member MUST know their tax basis in their LLC interest as this will be critical in determining the basis of any assets received.
*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.