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Updated over 4 years ago,

User Stats

95
Posts
62
Votes
Sam Dangremond
  • Investor
  • Pueblo, CO
62
Votes |
95
Posts

Partnership tax basis and long term investing

Sam Dangremond
  • Investor
  • Pueblo, CO
Posted

I have a somewhat specific tax related question I'd like to see if anyone has encountered before.

(Standard disclaimers apply, you're not giving me tax advice or financial advice, just looking for general resources etc.)

Here's the scenario: a partnership owns one or more long term rental properties.  Each partner contributed say $100,000 to the partnership to purchase the rentals.  No leverage used.  So, each partner has a tax basis and capital account in the partnership of $100,000.  Then, each year the rentals give off more cash than profits because of depreciation - all normal stuff.

But here's what I don't understand: if the partners withdraw all the cashflow each year, then each of their tax basis will gradually go down (because they are withdrawing more in distributions than their share of the profits due to depreciation).  Eventually, the tax basis will hit zero won't it? And when that happens, apparently every additional dollar withdrawn is taxed at long term capital gains? 

Example:

Year 1 - partner's tax basis is $100k... annual partnership cashflow is $20k.... partner withdraws $10k in cash (half of the cash)... however the partner's yearly profits reported on K-1 are only say $5k... because the partner withdrew more in cash than his share of profits, his tax basis goes down by the other $5k.   Accordingly, after 20 years this partner will have a zero tax basis.... correct? Or no?

This means that eventually the cashflow itself is taxed as a gain, because the partner has "used up" all his tax basis?

Is my understanding correct?

If so, how does this interact with depreciation recapture, other long term capital gains, or anything else, at sale of the property or disposition of the partnership? 

Any guidance is much appreciated!

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