Thus, most contributions and distributions are tax-free, but transfers of partnership assets or interests to non-partners generally are taxable. A corollary of tax transparency is the general equality of aggregate inside and outside bases.“Inside basis” is the partnership‟s adjusted basis in its assets, while outside basis is a partner‟s adjusted basis in his partnership interest.
And they have a difficult job to do because they must provide a reasonable mechanism for taxing arrangements between parties that can be far from off-the-rack.Section 751, however, recharacterizes a portion of the amount realized as ordinary income to the partner, at times even in the absence of realized gain. Example 23: Distribution of Excess Other Property Resulting in the Recognition of Ordinary Income and Capital Gain to the Distributee Partner 2. Rights to Payment for Goods Delivered or to Be Delivered 1. The amount so recharacterized roughly corresponds to the amount of ordinary income the partnership would have if it sold the §751(a) property, thus preventing a partner from converting into a capital gain the ordinary income that would pass through if the partnership sold the property. Example 24: Distribution of Excess Other Property Resulting in the Recognition of Ordinary Income to the Distributee Partner and Capital Gain to the Partnership 3. Rights to Payment for Services Rendered or to Be Rendered 1. And if the amounts they contribute are unequal, they will have some arrangement to account for that difference which the taxing structure must digest.A partnership is the most flexible form of business organization, and the rules of Subchapter K capture that flexibility surprisingly well.