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Level 2
May 18, 2020 2:15 AM UTC
Solved

business income

My wife and I own an LLC. We sold a portion of the business (domains, copyrights, inventory, equipment). Does it get reported as normal income or as capital gains? And it the latter where do you report it?

    LudwigVan_fan
    Alumni - Champ
    May 19, 2020 12:09 AM UTC

    First, you and the buyer must allocate sales price to the different assets.  See this web site from IRS and F8594 and instructions.

     

    https://www.irs.gov/forms-pubs/about-form-8594

     

    Second, of the items you mentioned, some will be ordinary income, and some may be capital gains.  Here is a link to Publication 544, Sales and other dispositions of Assets.

     

    https://www.irs.gov/publications/p544

     

    It is possible that you may have to file Sch D; Form 4797, Form 8949.

     

    The LLC, is that a disregarded entity?  C Corporation?  S corporation, partnership?

     

    If not a disregarded entity, it is the entity that will report the sale...and if a partnership or S corporation, will flow-through to your F1040.

    **Disclaimer: Effort has been made to offer correct information; but due to the discussion forum limitations, the poster disclaims any legal responsibility for the accuracy of the poster's response**

    9 replies

    LudwigVan_fan
    Alumni - Champ
    Alumni - Champ
    May 19, 2020 12:09 AM UTC

    First, you and the buyer must allocate sales price to the different assets.  See this web site from IRS and F8594 and instructions.

     

    https://www.irs.gov/forms-pubs/about-form-8594

     

    Second, of the items you mentioned, some will be ordinary income, and some may be capital gains.  Here is a link to Publication 544, Sales and other dispositions of Assets.

     

    https://www.irs.gov/publications/p544

     

    It is possible that you may have to file Sch D; Form 4797, Form 8949.

     

    The LLC, is that a disregarded entity?  C Corporation?  S corporation, partnership?

     

    If not a disregarded entity, it is the entity that will report the sale...and if a partnership or S corporation, will flow-through to your F1040.

    **Disclaimer: Effort has been made to offer correct information; but due to the discussion forum limitations, the poster disclaims any legal responsibility for the accuracy of the poster's response**
    Level 2
    May 20, 2020 12:11 AM UTC

    We did allocate monies to the various assets. Copyrights, web domains, inventory at cost, equipment. It is a disregarded entity.