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June 1, 2019
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How to account for the full yr rental inc. and exp. when I transferred my rental property from LLC to myself mid year i.e. partial year under self and balance K1 income?

  • June 1, 2019
  • 10 replies
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Best answer by Rick19744

Carl responded as to removing the assets for the partnership return form 1065.  There should be no gain or loss at the partnership level with respect to the distribution of assets.

Partnership liquidating distributions are complicated.  There are a number of items that can impact determining any gain or loss at the member level.  This forum is not really suitable in discussing this issue in too much detail but I will provide some general guidance.  It may be in your best interest to discuss your situation with a tax professional in order to make sure your basis in the assets distributed are correct.

Each member is required to maintain a basis schedule of their investment in the LLC (outside basis).  This starts with your initial capital contribution and is adjusted annually by the applicable lines on the K-1. The general rule is that assets distributed to member's take a carryover basis and adjust your outside basis accordingly.

Liquidating distributions are treated differently.  It is possible to recognize a gain or loss upon a liquidating distribution only in cases where cash and inventory are distributed.  That is not the case here.  You have a distribution of depreciable property.

Where depreciable property is distributed in a liquidating distribution, the property will take a "substituted" basis.  This new basis computation is made more difficult if there are multiple properties or different assets distributed.  In general you need to look at the adjusted basis of the property distributed and compare it to your outside basis.  Most likely these two amounts will not be equal.  The regulations go into detail as to how to reconcile these two amounts and it will depend on whether there is a step-up or step-down in the substituted basis.

So by way of a simple example: If your outside basis in the LLC was $10,000 and the single asset distributed had an adjusted basis of $8,500, your substituted basis will now become the $10,000.  Your depreciable life will consist of the remaining life and method of the asset in the hands of the LLC for $8,500 and a new asset for the $1,500 step-up basis.

As noted above, this becomes more difficult when multiple assets or types of assets are distributed in a liquidating distribution.  The asset FMV will come into play as well as the adjusted basis of the assets.  

Once again, I would advise consulting with a tax professional to make sure your substituted basis determination is accurate.

10 replies

Critter
Employee
June 1, 2019
Is the LLC incorporated ?   Did you close the LLC ?
sohabAuthor
June 1, 2019
yes- the LLC was closed
Carl11_2
Employee
June 1, 2019
All assets in the LLC/S-Corp are basically "removed for personal use" by the person who is a member of that Corp and owns the property. All rental income, expenses and depreciation are accounted for up to the date of removal.
The asset is then added to the Assets/Depreciation section of the SCH E on the personal return, using the *original* in service date. When asked to confirm/enter prior year's depreciation you must include all depreciation taken in prior years *AND* the depreciation taken in 2017 by the Corp up to the point of it being removed from the Corp. All rental income received and expenses incurred will be from the point it was added to the 1040 SCH E to the end of the year.
Rick19744
Employee
June 1, 2019
I would like clarification as to the response to Critter#2's question.

Is this an LLC that was taxed as a partnership or was this an LLC that made the election to be taxed as an S corporation?

The reason that I am asking is that it makes a significant difference on the basis of the property when distributed, which in turn impacts your depreciation post distribution.
*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.
Carl11_2
Employee
June 1, 2019
Rick, I wuold think that if he got a K-1, it's safe to assume it's incorporated, be it an actual S-Corp, or a LLC that's treated like an S-Corp.
Rick19744
Employee
June 1, 2019
I want Sohab to confirm the facts as I am not sure what the "yes" above is in reference to.  

Is it "yes" the LLC was closed or is it "yes" the LLC is treated as something other than an LLC taxed as a partnership.

I don't want to spend the time explaining something that is not accurate.
*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.
sohabAuthor
June 1, 2019
it was a LLC that was taxed as a partnership
Rick19744
Employee
June 1, 2019
Thanks.  My response will be below.
*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.
Rick19744
Rick19744Answer
Employee
June 1, 2019

Carl responded as to removing the assets for the partnership return form 1065.  There should be no gain or loss at the partnership level with respect to the distribution of assets.

Partnership liquidating distributions are complicated.  There are a number of items that can impact determining any gain or loss at the member level.  This forum is not really suitable in discussing this issue in too much detail but I will provide some general guidance.  It may be in your best interest to discuss your situation with a tax professional in order to make sure your basis in the assets distributed are correct.

Each member is required to maintain a basis schedule of their investment in the LLC (outside basis).  This starts with your initial capital contribution and is adjusted annually by the applicable lines on the K-1. The general rule is that assets distributed to member's take a carryover basis and adjust your outside basis accordingly.

Liquidating distributions are treated differently.  It is possible to recognize a gain or loss upon a liquidating distribution only in cases where cash and inventory are distributed.  That is not the case here.  You have a distribution of depreciable property.

Where depreciable property is distributed in a liquidating distribution, the property will take a "substituted" basis.  This new basis computation is made more difficult if there are multiple properties or different assets distributed.  In general you need to look at the adjusted basis of the property distributed and compare it to your outside basis.  Most likely these two amounts will not be equal.  The regulations go into detail as to how to reconcile these two amounts and it will depend on whether there is a step-up or step-down in the substituted basis.

So by way of a simple example: If your outside basis in the LLC was $10,000 and the single asset distributed had an adjusted basis of $8,500, your substituted basis will now become the $10,000.  Your depreciable life will consist of the remaining life and method of the asset in the hands of the LLC for $8,500 and a new asset for the $1,500 step-up basis.

As noted above, this becomes more difficult when multiple assets or types of assets are distributed in a liquidating distribution.  The asset FMV will come into play as well as the adjusted basis of the assets.  

Once again, I would advise consulting with a tax professional to make sure your substituted basis determination is accurate.

*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.
Carl11_2
Employee
June 1, 2019
I see where you were going with this now. Thanks. You went "deeper" than I though necessary, because I was assuming (probably incorrectly to) that the rental property was a contribution of only one member of the Corporation. I didn't consider the possibility (and the probability) that none of the owners acquired the property. I need to take into account the possibility that the Corp was formed first, and it was the Corp that purchased the property. Even with only one owner, if the Corp bought the property it's not the simple "transfer" I though it was.
Critter
Employee
June 1, 2019

This may be a return you would need extra help to complete ... may I suggest a new service ...



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