Surgent's Basis Shifting: Final Regulations
Overview
The Internal Revenue Service has targeted complex partnerships it believes are not in compliance with the tax law for audit. One of the abuses the IRS has attacked is transfers of interests in partnerships which result in an increase in the basis of a partner who is subject to a high marginal income tax rate. This perceived abuse results in lower income tax and/or a higher basis in partnership property for the higher marginal income tax partner.
The final regulations basically characterize certain partnership-related basis adjustments as transactions of interest on the part of the IRS. In a practical sense, this means that property transfers in a partnership with related party partners may run the risk of IRS scrutiny if audited. It is common for certain types of partnerships, such as real estate limited partnerships, to have related-partner partnerships. The IRS may decide to scrutinize partnerships with related party transfers.
Since these final regulations presume an understanding of the rules for partnership distributions and Section 754 elections, the program begins with coverage of those two topics, with time devoted to adjustments under both Section 743(b) and Section 734(b). It would be hard to understand the IRS’s claim of abuse without a working knowledge of these transactions.
Delivery Method: Individual webcast
CPE Credit: Taxes
Program Level: Intermediate
This course is being offered by a 3rd party vendor and will not be accessible on your My CPE page. Webinar access information will be emailed directly to you by Surgent McCoy.
Highlights
- What is a transaction of interest?
- Reporting transactions of interest on Form 8886
- Why make a Section 754 election?
- Adjustments under Sections 743(b), 734(b), and 732
- Applicable threshold amounts for reporting
- What is a basis shift?
- Who is a material advisor and why is that status important?
- Section 755 rules for allocating the Section 743(b) and Section 734(b) basis adjustments
- Transfers of a partnership interest on death
- What is a substantially similar transaction?
- Who is a “tax-indifferent” party in a partnership?
Prerequisites
A basic understanding of partnership taxation
Designed For
Tax practitioners who will be advising clients who have an interest in a partnership that is impacted by the new final regulations on basis transfers from one related-party partner to another
Objectives
- Understand the final regulations addressing basis shifting from one related party partner in a partnership to another
Preparation
None
Leader(s):
Leader Bios
Michael Frost
Mike Frost, CPA, of Jacksonville, Alabama, provides tax consulting, continuing education, and motivational speaking services through his company, Mike Frost Enterprises. Mike is a former shareholder of MDA Professional Group, PC, where he managed the tax department of the Albertville office. Mike has 30 years of experience in public accounting, including but not limited to: Business and individual income tax preparation and planning; mergers and acquisitions; estate, gift, and trust tax preparation; small business consulting; Medicare planning and other elder care; audit representation; and religious groups and clergy.
Mike has conducted CPE engagements and seminars throughout the United States and has served as technical advisor for tax articles in The Sand Mountain Reporter, a local newspaper. Mike has been a featured presenter at the Alabama Society of CPAs Annual Meeting and the Federal Tax Clinic held annually at the University of Alabama in Tuscaloosa.
Mike graduated with "high honors and distinction" from Jacksonville State University with a major in accounting and a minor in finance and a 4.0 GPA. He is a member of the American Institute of Certified Public Accountants and the Alabama Society of Certified Public Accountants. In addition, he is a graduate of the Tax Planning and Advising for Closely Held Businesses Certificate of Educational Achievement Program sponsored by the AICPA.
Non-Member Price $167.00
Member Price $159.00