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- Dividends reduce retained earnings.
- Distributions decrease capital account and outside basis.
- If the partnership has profits, the partner’s share of profits increases his capital account.
- Draws allow sole proprietors to take money from the business.
- Dividends come from company profits to shareholders.
- Capital gains come from the sale of company assets.
- Return of capital is from reserve capital.
- Companies return money to shareholders by distributions.
- Liquidating distributions terminate a partner’s entire partnership interest.
- Current distributions reduce capital accounts and outside basis but don’t terminate the interest.
Effect of Distributions on Partner’s Basis and Capital Account
- When partnerships liquidate, assets are sold and cash is first applied to creditors.
- A partner’s basis is decreased by distributions the partner receives from the partnership.
- Basis can never go below zero.
- So the distribution that would lower your basis below zero requires you to recognize gain.
- A member’s share of any qualified nonrecourse financing is determined based on that member’s share of LLC liabilities incurred in connection with such financing.
Taxation and Partnership Distributions
- Your at-risk amount ("ARA") is calculated starting with your adjusted cost base ("ACB") and adding in the income allocated in the year it arises.
- Maintaining the basis in a partnership is essential for partners who wish to take future losses or deductions from the partnership.
- The sum of the bases of the property a partner receives in a liquidating distribution must equal the partner’s pre-distribution outside basis, reduced by any money distributed.
- Whether earnings are retained in a partnership or distributed to partners has no effect on the taxation of those earnings since partners have to pay tax on the earnings whether they are distributed or not.
- Generally, there are no tax consequences of a current property distribution.
- Recourse liabilities are those that any partner bears the economic risk of loss concerning the liability.
- Distributions in excess of earnings and profits are nontaxable to the extent of shareholder’s basis.
- Excess over the basis is a capital gain.
- Distributions from corporate earnings and profits are treated as a dividend distribution, taxed as ordinary income.
- Partners merely reduce their basis by the amount of the distribution.
- If a cash distribution exceeds a partner’s basis, then the excess is taxed to the partner as a gain, which often is a capital gain.