Business & farm

Here are some comments:

  • Partnership tax can become complicated very quickly; regardless of the size of the entity
  • The 8 of you formed an LLC.  The contribution of each member to the LLC is the beginning point for your tax basis in the LLC.  This is one critical factor.
  • The LLC then made a contribution to the "private entity".  This is the beginning point for the tax basis of the LLC in the private entity.
  • Each subsequent year, your LLC and each of the 8 of you received K-1's.  The LLC and each of the 8 members needed to adjust their tax basis for the applicable lines of the K-1.
  • In the final year, you need to update the LLC tax basis for the final K-1 amounts, EXCLUDING any final (liquidating) distribution.
    • The LLC then needs to determine the overall gain or loss on liquidation.
    • The final (liquidating) distribution is the "sales" price and the tax basis is the cost basis.
    • This step, from your facts, is accomplished by the accountant.
    • Technically, there should not be any "distribution" reflected on the final K-1 to the 8 LLC members.  This is because liquidating distributions should be reported on a form 1099-DIV and not the K-1.  This is not always done correctly by practitioners.
  • So at this point, the LLC issued final K-1's to the 8 members.
  • Each member should have been maintaining their tax basis in the LLC as explained above.
  • At this point, each member needs to update their tax basis for the applicable lines on their respective K-1.
  • Just as noted above, if the liquidating distribution is reported on the K-1, do not include this in determining your final tax basis.
  • The final (liquidating) distribution will be the "sales" price and your tax basis will be your cost basis.  TT will ask questions when you indicate that this is the final K-1.  
*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.