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DeShawn Washington

Partnership Property Distribution - Tax Reporting Requirements for K-1

I'm in a situation with my small rental property partnership and need some clarity on tax reporting. We formed this partnership about 6 years ago when four of us pooled our money to purchase a small apartment building. We've been collecting rent and depreciating the property on our partnership return all this time. Now one of our partners wants out, and we've agreed to distribute a portion of the property to him (one of the units). His capital account/basis equals the book value of the portion he's getting - we're not distributing anything in excess of his basis if we're just looking at book value rather than FMV. I understand the basics - that when we distribute the property, in his hands it will maintain the same basis and holding period as it had in the partnership. But I'm confused about the reporting requirements. What exactly needs to be reported in box 19 of the K-1? Are footnotes required for this type of transaction? If so, what specific information should they contain? I'm guessing we need to include original purchase price, acquisition date, and accumulated depreciation, but I want to make sure we're doing this correctly.

This is actually a pretty straightforward situation from a tax reporting perspective. For a property distribution where the partner's basis equals the distributed property's book value, you'll need to report this on the partner's Schedule K-1 in box 19 (code A). The footnotes are very important here. You should include the fair market value of the distributed property, the partnership's basis in the property, the date of acquisition, and the accumulated depreciation. This gives the partner all the information needed to properly track their basis and future depreciation. The partner won't recognize any gain or loss on the distribution since they're not receiving cash in excess of basis. They'll take a carryover basis in the property equal to the partnership's adjusted basis at the time of distribution. Don't forget that this distribution might also require an amendment to your partnership agreement, especially if it changes ownership percentages among remaining partners.

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Thanks for the explanation, but I'm still confused about one thing. Does this type of distribution trigger a technical termination of the partnership? Also, does the partner need to recapture any depreciation when they receive the property?

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No, this distribution wouldn't trigger a technical termination of the partnership. Technical terminations were actually eliminated by the Tax Cuts and Jobs Act starting in 2018. As long as the partnership continues with at least two partners, it can continue operating. Regarding depreciation recapture, the partner won't have any immediate recapture when receiving the property. Recapture only happens upon sale. The partner essentially steps into the partnership's shoes with respect to the property - same basis, same accumulated depreciation, same holding period. When the partner eventually sells the property, they'll deal with potential depreciation recapture at that time.

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I ran into almost this exact situation last year with my small real estate partnership. I was so confused trying to handle the K-1 reporting until I discovered https://taxr.ai which totally saved me. I uploaded our partnership documents and past returns, and it analyzed everything and provided step-by-step guidance on how to handle the property distribution. It gave me specific guidance on exactly what needed to go in box 19 and what footnotes were required for this type of transaction. The footnote templates were especially helpful because I wasn't sure what format the IRS expected. Their AI even helped me understand how the partner's basis would be adjusted after the distribution.

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How exactly does this work? Do you just upload your tax documents and it does everything automatically? I'm dealing with a similar situation but with multiple properties being distributed to different partners.

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I'm skeptical about these AI tax tools. Doesn't seem like they would understand complex partnership tax rules. How accurate was the information it provided compared to what an actual tax professional would tell you?

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You upload your relevant documents - partnership agreement, past returns, property records - and it analyzes them to understand your specific situation. It doesn't do everything automatically, but provides tailored guidance based on your circumstances. For multiple properties being distributed to different partners, it would track each partner's basis and the specific allocations. The information was extremely accurate - I actually had my CPA review it afterward, and he confirmed everything was correct. The platform is built specifically for tax professionals and incorporates all the complex partnership tax rules. It saved me hours of research and gave me confidence we were reporting everything properly.

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I have to admit I was totally wrong about AI tax tools. After questioning the accuracy of https://taxr.ai in my previous comment, I decided to try it myself for a similar partnership dissolution issue we were having. The level of detail it provided about box 19 reporting was impressive. It accurately identified all the information we needed to include in the K-1 footnotes - acquisition date, original basis, depreciation taken, and remaining basis. It even provided sample footnote language that satisfied our CPA. The explanation about how to allocate the remaining basis between land and improvements on the distributed property was particularly helpful. I'm now using it for all our partnership tax questions - definitely worth checking out if you're handling complex partnership distributions.

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Reading through this thread and seeing the complexity of partnership tax reporting makes me think of another issue - has anyone tried calling the IRS for guidance on this? I spent THREE DAYS trying to get through to someone at the IRS who could answer questions about partnership property distributions. Finally, I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They basically call the IRS for you and when they reach a real person, they call you to connect. I was seriously doubtful, but after wasting so much time on hold, I figured it was worth a shot. Within about 2 hours, I got a call back and was connected to an IRS agent who specialized in partnership taxation. They walked me through the exact requirements for box 19 reporting and footnote documentation. Huge time saver for complex questions like this.

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Wait, so do they just sit on hold for you? I don't understand how this would work. Does the IRS actually answer their specific questions about your tax situation?

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This sounds like a complete scam. There's no way they can get you through to the IRS faster than anyone else. The hold times are the same for everyone. And even if you do get through, the agents rarely give definitive answers on complex partnership issues.

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They use some kind of automated system that keeps dialing and navigating the IRS phone tree until it gets to a human. Then when someone answers, they call you and connect you. You're talking directly to the IRS - they just handle the waiting part. Yes, the IRS does answer specific questions about tax situations. The key is getting to the right department. In my case, I got through to someone in the partnership tax division who was able to answer my specific question about property distribution reporting. They won't prepare your return for you, but they can clarify reporting requirements, which is exactly what I needed.

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I have to eat my words about https://claimyr.com. After calling BS on their service, I had an urgent issue with a partnership distribution that needed IRS clarification. With the tax deadline approaching, I was desperate and decided to try them. Within 90 minutes, I was connected to an IRS representative who actually understood partnership taxation. They confirmed exactly what needed to be in the K-1 box 19 footnotes for a property distribution - original basis, acquisition date, accumulated depreciation, and fair market value at distribution. They also explained that we needed to file Form 8308 since real property with a value over $100,000 was being distributed. This saved me from potentially missing a required form and facing penalties. I'm still shocked at how well it worked after spending countless hours trying to get through on my own.

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One thing nobody's mentioned yet is that the partnership will need to adjust its basis in all remaining assets under Section 734 if the partnership has a Section 754 election in effect. Have you made this election in previous years? If not, you might want to consider it depending on the value of the property versus its adjusted basis.

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We haven't made a 754 election before. Could you explain a bit more about why we might want to consider it now? The property has appreciated somewhat - it's worth maybe 15% more than our adjusted basis.

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The Section 754 election allows the partnership to adjust the basis of its remaining assets when a partnership interest is transferred or when there's a distribution like yours. If the distributed property has appreciated above its adjusted basis (which you said is about 15%), making the election would allow the remaining partners to get a stepped-up basis in the partnership assets. This means you could increase your depreciation deductions going forward, which saves taxes. However, it does create additional accounting complexity since you'll need to track these basis adjustments. The election is irrevocable without IRS consent, so it's a permanent choice for the partnership. With only a 15% appreciation, you'll need to calculate whether the tax benefits outweigh the additional accounting costs. If you have a lot of remaining depreciable assets, it might be worthwhile.

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Has anyone mentioned the impact on the remaining partners? When you distribute property to one partner, it can change the capital account balances of everyone else relative to their profit/loss sharing percentages.

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This is a really good point. If the distribution creates an imbalance between capital accounts and profit/loss percentages, you could trigger disguised sale rules or have other unexpected consequences. We had this happen and had to make special allocations for several years to get things back in balance.

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This is exactly the kind of complex partnership tax situation where having proper documentation is crucial. I went through something similar when we distributed a duplex property to one of our partners last year. One thing I'd add to the excellent advice already given - make sure you document the fair market value determination thoroughly. The IRS can challenge your valuation, especially if there's a significant difference between book value and FMV. We got a formal appraisal even though our distribution was at book value, just to have solid documentation. Also, don't forget that the departing partner will need to adjust their basis in any remaining partnership interest (if they have one) by the amount of the distribution. And you'll want to make sure your partnership agreement clearly addresses how this type of distribution affects voting rights and management responsibilities going forward. The K-1 reporting is straightforward once you understand it, but the footnote requirements are strict. Include everything - original purchase price, purchase date, total depreciation taken, remaining basis, and FMV at distribution. The IRS wants to see a clear paper trail for property distributions.

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This is really helpful advice about the appraisal documentation! I'm new to partnership taxation and wondering - is there a specific threshold where the IRS typically requires a formal appraisal, or is it just good practice to get one regardless of the property value? Also, when you mention adjusting the departing partner's basis in any remaining partnership interest, does this apply even if they're completely leaving the partnership? I thought once they received the distribution of their share, they'd be out entirely.

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Great questions! There's no specific dollar threshold that automatically triggers an IRS requirement for a formal appraisal, but it becomes increasingly important as property values get higher. The IRS has broad authority to challenge valuations under Section 482 and related provisions if they seem unreasonable. Getting a formal appraisal is really about protecting yourself from potential challenges, especially if there's any chance the FMV differs significantly from book value. Regarding the basis adjustment - you're absolutely right to question this. If the partner is completely leaving the partnership and receiving a distribution equal to their entire capital account, then yes, their partnership interest would be fully liquidated and there wouldn't be any remaining interest to adjust. I should have been clearer - the basis adjustment only applies if they're receiving a partial distribution and maintaining some ownership in the partnership. In your case @DeShawn Washington, since it sounds like this partner is getting one unit and completely exiting, they'd have zero remaining partnership interest after the distribution. The basis tracking is just important for their individual tax reporting on the distributed property going forward.

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This thread has been incredibly helpful! I'm dealing with a similar partnership property distribution situation and had no idea about Form 8308 requirements or the Section 754 election implications. One additional consideration I'd mention - make sure you review your partnership agreement's language around distributions before proceeding. Some agreements have specific valuation methods or approval processes that must be followed, even for distributions at book value. We discovered our agreement required unanimous consent for any property distributions, which we had overlooked initially. Also, regarding the K-1 footnotes, I found it helpful to include a brief description of the property being distributed (e.g., "Distribution of Unit 2A, 1-bedroom apartment") in addition to all the financial details everyone has mentioned. This makes it crystal clear what specific asset was distributed, which can be important if the IRS has questions later or if the partner needs to reference the distribution for future tax purposes. The documentation suggestions about getting an appraisal are spot-on. Even though it's an additional expense, it's much cheaper than dealing with an IRS challenge down the road if they question your valuation.

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This is such valuable advice about checking the partnership agreement requirements! I'm just starting to learn about partnership taxation and had never considered that the agreement itself might have specific procedures that override general tax rules. The point about including a property description in the K-1 footnotes is really smart too. I can see how that would make everything much clearer for both the partner receiving the distribution and any future reviewers. One question - when you mention unanimous consent requirements, what happens if a partner refuses to consent to a distribution that's otherwise fair and at book value? Are there legal remedies available, or does it effectively give each partner veto power over distributions? I'm wondering how common these unanimous consent clauses are and whether they create practical problems in real-world situations.

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This is exactly the kind of situation where having a solid understanding of partnership tax law becomes critical. I went through a similar property distribution two years ago with our 5-partner real estate LLC, and there are a few additional considerations that haven't been fully addressed yet. First, regarding the Section 734 adjustment that @KylieRose mentioned - even if you don't have a Section 754 election in place, you should seriously consider whether making it now makes sense. The election applies to the tax year it's made, so you could still benefit from basis adjustments on this distribution. With 15% appreciation, the math might work in your favor, especially if you have other depreciable assets in the partnership. Second, don't overlook the potential for "hot assets" in your distribution. Even though you're distributing real property, if there are any Section 1245 or 1250 recapture amounts, or if the property generates ordinary income, there could be complications. Make sure your tax professional reviews whether any portion of the distribution could be treated as ordinary income rather than capital. Finally, consider the timing of this distribution relative to your partnership's tax year end. If you're distributing near year-end, you'll want to make sure all the depreciation allocations are properly calculated through the distribution date. This affects both the partnership's final depreciation deduction and the basis of the distributed property. The K-1 reporting everyone has discussed is spot-on, but I'd add that you should also consider providing the departing partner with a detailed statement showing exactly how their final capital account was calculated. This becomes invaluable documentation if there are ever questions about the transaction.

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This is incredibly thorough analysis @Tristan Carpenter! As someone new to partnership taxation, I really appreciate you breaking down these advanced concepts. The point about "hot assets" is particularly interesting - I hadn't realized that even real property distributions could potentially trigger ordinary income treatment in certain situations. Your timing consideration about year-end distributions is really smart too. I can see how getting the depreciation allocations wrong could create problems for both the partnership and the departing partner when they're trying to establish their basis in the distributed property. One follow-up question on the Section 754 election - you mentioned it could apply to the tax year it's made. Does this mean @DeShawn Washington could make the election on their current year return and get the basis step-up benefits immediately? Or does it only apply to distributions that occur after the election is made? I m'trying to understand the timing mechanics of how this election works in practice. Also, regarding the detailed capital account statement you suggest providing - are there any specific IRS requirements for what this needs to include, or is it more about creating good documentation for everyone involved?

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