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Business & farm
This becomes somewhat complicated and I can't tell you how to do that in TT since I am not in a Windows environment.
A number of things that occurred here:
- What has happened here is that the spouse inherited her husband's inside basis in the partnership.
- The spouse also received a step-up in the partnership basis to the FMV at the date of death.
- This creates a discrepancy between inside and outside basis.
- The partnership needs to make a Section 754 election
- There also needs to be information reporting (statements) for the requirements of Section 743
- Using your example, the partnership will need to step-up the trees and the land accordingly
- The land step-up will most likely just sit on the books until you eventually sell it. At this time the spouse will receive a normal allocation of the capital gain, and then, a capital loss for the step-up component. This will need to be specially allocated on her K-1 currently box 13 code V (along with some notes indicating that this is a Section 754 step-up allocation).
- The trees step-up will be handled the same way, although this will be more complicated. You know the total step-up, but you will then need to determine the step-up portion of the trees that are sold. Once this is determined, the special allocation is handled just as noted in the land bullet.
- Since the taxpayer always has the initial burden of proof, you will need to make sure that you have documentation as to how the step-up was computed and then the methodology of the split between land and trees.
- You may need to assistance from a tax professional to get you aligned on the right path for the current year and going forward.
*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.
‎February 23, 2023
2:33 PM