Business & farm

@KevinP1 

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.