
KEY POINTS
Learning Objectives Key Points
LO 10.1:
Define a partnership for tax
purposes.
A partnership is a syndicate, group, pool, joint venture, or other unincorporated organiza-
tion through or by means of which any business, financial operation, or venture is carried
on, and which is not classified as a corporation, trust, or estate.
Partnership tax returns are information returns only, which show the amount of income by
type and the allocation of the income to the partners.
Partnership income is taxable to the partner even if he or she does not actually receive it in
cash.
Co-ownership of property does not constitute a partnership (e.g., owning investment prop-
erty); the partners must engage in some type of business or financial activity.
Limited partnerships, limited liability partnerships (LLPs), and limited liability companies
(LLCs) are generally treated as partnerships for tax law purposes.
LO 10.2:
Understand the basic tax rules
for partnership formation and
operation.
Normally, there is no gain or loss recognized by a partnership or any of its partners when
property is contributed to a partnership in exchange for an interest in the partnership.
Income may be recognized, however, when a partnership interest is received in exchange
for services performed by the partner for the partnership or when a partner transfers to a
partnership property subject to a liability exceeding that partner’s basis in the property
transferred.
A partnership is required to report its income and other items on Form 1065, U.S. Partner-
ship Return of Income, even though the partnership does not pay federal income tax.
When reporting partnership taxable income, certain transactions must be separated rather
than being reported as part of ordinary income. Separately reported items include capital
gains and losses, Section 1231 gains and losses, dividends, interest income, casualty gains
and losses, tax-exempt income, retirement contributions, charitable contributions, and most
credits.
Schedule K-1 of Form 1065 presents the allocation of ordinary income or loss, special
income and deductions, and gains and losses to each partner. The partners report the K-1
amounts on their own tax returns.
LO 10.3:
Describe the tax treatment of
partnership distributions.
No gain is recognized by the partner receiving a current distribution unless the partner’s
basis in the partnership has reached zero, in which case gain is recognized to the extent
that a distribution of money exceeds the partner’s basis in his or her partnership
interest.
Payments made to a partner for services rendered or for use of the partner’s capital that
are made without regard to the income of the partnership are termed ‘‘guaranteed
payments.’’
Guaranteed payments are treated by the partnership in the same manner as payments
made to a person who is not a partner.
Guaranteed payments are ordinary income to the partner and deductible by the partnership.
A partnership may show a loss after deducting guaranteed payments, in which case, the
partner reports the guaranteed payments as income and reports his or her share of the
partnership loss.
LO 10.4:
Determine partnership tax years.
Each partner includes in gross income for a particular tax year his or her distributive share
of income, including guaranteed payments, from a partnership whose tax year ends within
that tax year.
Unless a partnership can establish a business purpose for a fiscal year end or meet certain
tests described in Chapter 7, it must adopt the same taxable year as that of the majority
partners.
10-20 Chapter 10
Partnership Taxation
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