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JRS7217
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Do I Need to File IRS Form 7217? TurboTax Premier 2024 Desktop version recommends that I File Form 7217......

In 2024, I acquired another partner's shares in a real estate limited partnership. I am also a partner in this same partnership.

 

The shares were gifted to me by the partner who had acquired them through inheritance many years ago from her deceased spouse.

 

Since the shares were gifted to me from another partner and were NOT distributed to me by the partnership, I am not sure if I need to file Form 7217 - Partner's Report of Property Distributed by a Partnership (as recommended by TurboTax). 

 

The partnership reported this gift amount as "Transferred Capital" in their explanation of Part II, Section L of Form 1065, Schedule K-1. This same gift amount also appears in Part III, Line 19  Distributions of the same K-1 with Code "C".   

 

Thanks all for your help and advice.

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1 Reply

Do I Need to File IRS Form 7217? TurboTax Premier 2024 Desktop version recommends that I File Form 7217......

the problem is the 19c entry which I believe is improper since that partnership did not distribute the interest to you. Distributions are suppose to decrease your interest and that;'s not what happened, your interest increased. 

if that entry was proper, it would be included on schedule L withdrawals and distributions. the problem with this entry is that the IRS may want you to file the 7217 

 

19c instructions

Code C. Other property. Code C shows the partnership's adjusted basis of property other than money immediately before the property was distributed to you. In addition, the partnership should report the adjusted basis and FMV of each property distributed to you in a statement attached to your Schedule K-1. Decrease the adjusted basis of your interest in the partnership by the amount of your basis in the distributed property. Your basis in the distributed property (other than in liquidation of your interest) is the smaller of:
• The partnership's adjusted basis immediately before the distribution, or
• The adjusted basis of your partnership interest reduced by any cash distributed in the same transaction.
If you received the property in liquidation of your interest, your basis in the distributed property is equal to the adjusted basis of your partnership interest reduced by any cash distributed in the same transaction.
Using the information provided by the partnership and your own records, complete a Form 7217 for each date on which you receive a liquidating or nonliquidating distribution of property from the partnership. Attach the Form(s) 7217 to your income tax return.

 

what would go on 19C is if the partnership distributed non-cash assets to you like a fractional interest in the property . this did not happen. Nothing left the partnership. certain items were moved from one partner to you. 

 

per IRS 7217 instructions

File Form 7217 by attaching it to your tax return for the tax year in which you received distributed property subject to section 732

IRC 732

General rule

The basis of property distributed by a partnership to a partner other than in liquidation of the partner’s interest shall ........................

 

the proper resolution to prevent an IRS inquiry is for the partnership to amend your k-1. 

 

you may want to note this for future reference because there are some special tax aspects to receiving depreciable property as a gift

If the FMV of the property at the date of the gift is less than the donor’s adjusted basis, the depreciable value is still equal to the donor’s adjusted basis plus the applicable portion of any gift tax paid by the donor. However, if the taxpayer who received the gift sells the property at a loss, the basis for calculating the loss is the FMV of the property at the time the taxpayer received the gift plus or minus any required adjustments to basis while the taxpayer held the property. If the result is a loss when the adjusted basis is used to calculate a gain and the result is a gain when the FMV is used to calculate a loss, the taxpayer has neither a gain nor a loss on the sale of the property

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