How Do I Report Operating Loss But Gain on Sale of Fully Depreciated Sec. 179 Equipment on Form 1065?
I'm struggling with our LLC partnership tax return this year and could use some advice. Our situation is a bit unusual - we're basically winding down operations. We're a 60-40 partnership and had no regular business income this year as we're just trying to sell off our remaining equipment. The issue is we sold some equipment that we had previously fully depreciated using Section 179 expensing, which resulted in a gain on sale. But we still had to pay some expenses like our accounting software subscription, legal fees, and our previous tax preparer (who unfortunately can't help us this year). So we have a Net Operating Income loss, but when you factor in the Gains on Sales, we actually have a Net Income gain overall. I'm confused about how to complete Form 1065. For Line 23 (Total income/loss), do I input a negative value to show the operating loss, or do I just put 0? And if I do report a loss on this line, should I distribute the loss according to partnership capital accounts or according to our agreed profit/loss split? Any help would be greatly appreciated! I can provide more details if needed.
19 comments


Lia Quinn
This is actually a common question for businesses that are winding down operations. For Line 23 of Form 1065, you need to include all income and losses - so this would include both your operating loss AND your gain on sale of the Section 179 equipment. When you sell fully depreciated Section 179 equipment, the entire sale amount is recognized as a gain since your basis is zero. This gain is reported on Form 4797 and flows to your 1065. These gains don't offset operating losses on a line-by-line basis - instead, they're combined to determine your total income or loss. So if your operating expenses exceeded your operating income, but the equipment sale gains were larger than that loss, Line 23 would show a positive number (the net gain). If the opposite is true, it would show a negative number. As for distribution, you'd distribute according to your partnership agreement's profit/loss allocation terms (your 60-40 split), not based on capital accounts, unless your agreement specifically states otherwise.
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Haley Stokes
•So the gain from selling the equipment gets included in total income even if it was Section 179 deducted years ago? Does this mean we get taxed twice on the same equipment - once when we got the deduction and now again on the sale?
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Lia Quinn
•You're not actually getting taxed twice. When you took the Section 179 deduction, you received an immediate tax benefit by deducting the full cost of the equipment instead of depreciating it over several years. This reduced your basis in the asset to zero. When you sell an asset, you're taxed on the difference between the sale price and your adjusted basis. Since your basis is zero due to the Section 179 deduction, the entire sale amount becomes taxable gain. This is essentially recapturing the tax benefit you received earlier. If you hadn't taken Section 179 and instead used regular depreciation, your basis would be higher and your taxable gain on sale would be lower.
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Asher Levin
Had almost the exact same situation with my printing business last year. I spent hours trying to figure this out until I discovered taxr.ai at https://taxr.ai when searching for help with partnership tax issues. I uploaded my docs and got a detailed explanation of how to handle Section 179 recapture and operating losses on a 1065. The tool confirmed that I needed to combine all sources of income/loss on Line 23 (like the previous commenter said) but also helped me understand how to properly allocate everything between me and my partner. They also explained that Section 1231 gains from selling the equipment needed special handling on the K-1s.
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Serene Snow
•Did it help with determining your partner's basis? That's where I'm struggling - I'm afraid we'll mess up our basis calculations when we sell off these assets and have to distribute what's left.
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Issac Nightingale
•I checked out their website but it's not clear if it helps with winding down a partnership. Did it specifically help with final year returns or just regular operating years?
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Asher Levin
•It absolutely helped with partner basis tracking. The system flagged that we needed to make some basis adjustments before finalizing the K-1s, which probably saved us from an audit. It handles basis increases from contributions and income, and decreases from distributions and losses - and keeps it all straight when calculating the final numbers. For winding down partnerships, yes it definitely helps with that too. It has specific guidance for final returns, including how to check the final return box and how to handle liquidating distributions. It even explained the ordering rules for which expenses get offset by which income types during the wind-down, which was super helpful.
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Issac Nightingale
Just wanted to follow up - I ended up using taxr.ai after asking about it here and it was exactly what I needed for handling our equipment sales. The system actually identified that some of our equipment sales qualified for Section 1231 treatment instead of ordinary income recapture, which saved us a bunch in taxes since it converted some income to capital gains. It handled all the complicated allocations between me and my partner automatically and even generated supplemental statements explaining the calculations for our files. Definitely worth checking out if you're dealing with selling off business assets like we were.
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Romeo Barrett
I just went through this when winding down my partnership. After struggling for weeks with my tax situation, I found that getting an actual person at the IRS to help made all the difference. I used Claimyr at https://claimyr.com to get connected to a real IRS rep in about 20 minutes instead of waiting on hold forever. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent walked me through exactly how to handle the Section 179 recapture and operating loss situation on Form 1065. They explained that even though we were winding down, we needed to report the gain on Line 6 of the 1065 and include it in our total income calculation on Line 23. They also clarified how to distribute it between partners on the K-1s.
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Marina Hendrix
•Really? The IRS actually helped with this? I always thought they just tell you to talk to a tax professional for anything complex.
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Justin Trejo
•This sounds like a paid ad. No way the IRS gives actual advice on complex partnership issues like Section 179 recapture. They barely answer basic questions when I call.
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Romeo Barrett
•They absolutely helped! The key is getting to the right department. When I called using Claimyr, I specifically asked for the Business Tax Line. The regular customer service folks might not know the details, but the business tax specialists definitely do. I was surprised too. I came prepared with specific questions about Form 1065 Line 23 and the Section 179 recapture, and the agent walked me through the whole process step by step. They can't do your taxes for you, but they can definitely clarify how specific tax situations should be handled.
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Justin Trejo
I have to eat my words and apologize. After seeing the positive experiences here, I decided to try Claimyr myself for a similar partnership wind-down issue. Got through to the IRS in about 15 minutes and spoke with an agent in the business department who was surprisingly knowledgeable. They confirmed everything others have said here about including the Section 179 gain with the operating loss on Line 23, but also gave me specific guidance on how to handle suspended losses from previous years that I hadn't even considered. This saved me from making a pretty big mistake on my final partnership return.
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Alana Willis
One thing nobody has mentioned yet - don't forget to properly classify the gain on your Section 179 equipment. Depending on how long you held the equipment and what type it is, it might be ordinary income (through Form 4797 Part II) or it could be Section 1231 gain. If it's Section 1231 gain, it gets reported on Form 4797 Part I and could potentially be treated as capital gain, which is usually taxed at a lower rate than ordinary income. This distinction can make a huge difference in your tax bill, especially if you have significant gains from selling off equipment.
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Jackie Martinez
•Thanks for bringing this up! This is getting complicated fast. How do I determine whether my equipment sale qualifies as Section 1231 gain versus ordinary income? We've owned most of the equipment for 5+ years if that matters.
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Alana Willis
•The timeframe absolutely matters! Generally, if you've held the property for more than one year, the gain is Section 1231 gain (reported on Form 4797 Part I). However, for Section 179 property, there's a recapture provision where the gain up to the amount of the Section 179 deduction is treated as ordinary income, regardless of how long you've held it. Any gain beyond the original Section 179 deduction amount (if you sold it for more than you originally paid) would typically qualify for Section 1231 treatment. Since you've held the equipment for 5+ years, any appreciation beyond your original cost basis would likely get the more favorable tax treatment.
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Tyler Murphy
Wait, I'm confused about something. If the equipment was fully depreciated under Section 179, wouldn't the basis be zero? And if you sell it for any amount, all of that would be gain, right? But is that gain ordinary income or capital gain?
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Lia Quinn
•You're right that the basis is zero for fully Section 179 expensed equipment, so any sale amount is entirely gain. For the tax treatment: When you sell Section 179 property, the gain is generally treated as ordinary income to the extent of the depreciation deductions you previously took (this is called "recapture"). So if you Section 179 expensed a $10,000 machine and later sell it for $3,000, that entire $3,000 is ordinary income. However, if you somehow sell it for more than its original cost (say $12,000 for that same machine), the first $10,000 would be ordinary income recapture, and the additional $2,000 might qualify for Section 1231 treatment, potentially giving you capital gain rates on that portion.
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Tyler Murphy
•That makes sense! Thanks for explaining it so clearly. So basically most of the time when selling fully depreciated business equipment, we're looking at ordinary income. But if we're lucky enough to sell something for more than we paid (rare for most equipment), we might get capital gain treatment on that excess amount.
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