Partnership Taxation
I.IntroductionWhen a partnership is formed, the partners contribute money, other property, or services in return for their interests. A new partner may also obtain an interest by making a contribution after the partnership is formed and has been operating. 注释:合伙人可以用现金、财产和服务的形式出资建立合伙企业。在合伙企业成立之后,还可以接纳新的合伙人。
A. General RuleGenerally, no gain or loss is recognized on a contribution of property to a partnership in return for a partnership interest. 注释:通常情况下,合伙人以实物出资换取合伙权益时,不需要确认损益。
B. Exceptions to Nonrecognition of Gain (taxable events)1. Capital Interest Acquired for Services Rendered FMV The value of a partnership interest acquired for services rendered is ordinary income to the partner.
2. Property Subject to a (Excess) Liability When property is contributed which is subject to a liability where the decrease in the partner's individual liability exceeds his partnership basis, the excess amount is treated like taxable boot and is a gain to the partner. 注释:合伙人以实物出资,并且实物本身含有债务。当合伙人把实物注入合伙企业之后,合伙人自身减少的债务超过其在合伙企业的basis,超出部分被视为taxable boot,相当于合伙人取得收益,需要纳税。 注释:合伙人以服务形式出资取得合伙权益,是普通收益(ordinary income)需要纳税;以实物出资并且附带债务,如果产生boot,也需要纳税。 |