Description
IRS Tax Audit Manual for Partnerships Edition
TABLE OF CONTENTS
- Chapter 1, Initial Year Return Issues
- INTRODUCTION
- This chapter deals with three specific types of expenses:
- Organizational Expenses
- Syndication Expenses
- Start Up Expenses.
- Other issues covered in this chapter include the tax implications of payments made to partners:
- IRC section 707(a) – Partner or Non-Partner
- Receipt of a Capital or Profits Interest
- Payments Capitalized, Deducted, or Distributed?
- Guaranteed Payments
- Chapter 2, Capital Accounts, Basis, and Liabilities
- INTRODUCTION
- Capital accounts
- Partner’s basis in his or her partnership interest
- Partnership’s basis in its assets
- Contributions to the Partnership
- Partnership liabilities
- Accounting for Book/Tax differences
- IRC section 754 election
- Chapter 3, Contributions of Property with Built-in Gain or Loss IRC section 704(c)
- INTRODUCTION
- IRC section 704(c) in the context of non-depreciable property
- IRC section 704(c) in the context or depreciable property IRC section 704(c) in the context of amortizable property
- Impact of IRC section 704(c) on the sharing of non-recourse liabilities
- The Anti-Abuse Rule
- -Reverse” IRC section 704(c) which addresses re-valuations
- Chapter 4, Distributions
- Basics – Current and Liquidating Distributions
- Disguised Sales
- Distributions of Built-in Gain or Loss Property to a Noncontributing Partner
- Distributions of Property to a Partner that Contributed Built-in Gain or Loss Property
- Disproportionate Distributions
- Chapter 5, Loss Limitations
- Chapter 6, Partnership Allocations
- INTRODUCTION
- Factors considered in determining the partners’ interests in the partnership
- Economic effect
- Substantiality
- Allocation of items attributable to non-recourse debt
- Allocation of tax credits
- Chapter 7 Dispositions of Partnership Interest
- INTRODUCTION
- A partner can dispose of a partnership interest in the following ways:
- By sale to one or more of the other partners.
- By sale to a third party.
- By exchange of the partnership interest for other property.
- By transfer back to the partnership in return for at least one liquidating distribution leading to a complete liquidation of the partnership interest.
- By retirement.
- By gift or contribution.
- By death.
- By surrendering the partnership interest through abandonment, forfeiture, or worthlessness of the partnership interest. Each of the above methods for disposing of a partnership interest is covered in this chapter.
- This chapter also addresses:
- The character of the gain or loss on the disposition of a partnership interest.
- The effect of related debt disposition.
- The recognition of accumulated suspended passive losses associated with a partnership interest.
- Chapter 8 Real Estate Issues in Partnerships
- INTRODUCTION
- Approximately 50 percent of all partnerships are involved in the real estate business. A partnership may be involved in real estate development, construction, or leasing. Even though a partnership may not be involved in a real estate business it may own or lease real estate. This chapter covers various tax issues related to real estate such as:
- Cancellation of Indebtedness
- Tufts/ Non-recourse Debt and Unpaid Interest
- Accrued Contingent Interest
- Bankruptcy
- Low Income Housing Tax Credit
- Zombie Partnerships
- Uniform Capitalization – IRC section 263A
- Chapter 9, Tax Shelters
- INTRODUCTION — This chapter covers:
- Corporate Tax Shelter Characteristics
- Office of Tax Shelter Analysis
- Tax Shelter Disclosure
- Partnership Anti-Abuse Regulations
- Sham Partnership/Sham Partners
- Judicial Doctrines
- Chapter 10 International (Reserved)
- Chapter 11, Family Partnerships
- Chapter 12, Syndicated Investment Partnerships
- Chapter 13 TEFRA GLOSSARY