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Updated almost 14 years ago,

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Micio Zverik
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COD distribution between LLC members

Micio Zverik
Posted

I am looking for an advise please;

We are 2 LLC partners; recently we changed our ownership to 90/10. The LLC owns 1 property. The mortgage for this property we have guaranteed both personally (it's under our names and ssn); We are going through a process of shortsale. I believe our mortgage is recourse since it is in FL and it is the first mortgage on an investment property.
Currently 1 partner takes 90% of the LOSS and the 2nd one 10% in our K1.
My question is: when we get the 1099-c, how do we split the COD? 50/50 since we guaranteed it personally? or 90/10 because this year we will report the LOSS deductions as 90/10? (meaning one will have to pay much higher taxes on it?)

Thank you kindly for any advice in this matter? I greatly appreciate it?

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