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Old 03-27-2008, 03:02 AM
zl1515@yahoo.com
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Default Re: Depreciation

On Mar 26, 6:05 am, "Gil Faver" <rowdy'sb...[at]xxyz.com> wrote:
- quote -

> "Paul Thomas" <paulthomas...[at]bellsouth.net> wrote in message
> news:9hiGj.25727$r76.25223[at]bignews8.bellsouth.net...
> > <zl1...[at]yahoo.com> wrote
> > > This is the scenario
> > > Rental Property-Purchased thru a Partnership in 2003.
> > > I held 51% interest in the Partnership.
> > > On 12-31-07 I bought my partner's 49% and placed it in the name of my
> > > Revocable Living Trust in order to avoid changing the deed from the
> > > Partnership name.
> > > The IRS no longer recognizes it as a Partnership (since my RLT and I
> > > are the same tax entity).
> > > Question:
> > > Is it acceptable to depreciate the first half as usual and the newly
> > > purchased half according to the new basis?

> > Since the building didn't change hands........no.
> > > I understand that normally buying out a portion of a Partnership would
> > > not alter the basis of the Real Estate the Partnership owns. However,

> > Looks like you have your answer.
> > Any new owner/partner buying in at any amount would not change the basis
> > in the asset.
> > > this is the only asset of the Partnership

> > And that asset - the building - isn't what you bought.

> Thanks - this clears up for me what the OP was doing (I think). So, if this
> was me, I would want to get rid of the "partnership with self", and hold the
> property itself in my living trust. What are the tax issues here?
> And, what was the purpose for not doing this in the first place? A savings
> in property taxes?
> --
> << ------------------------------------------------------- > > << The foregoing was not intended or written to be used, > > << nor can it used, for the purpose of avoiding penalties > > << that may be imposed upon the taxpayer. > > << > > << The Charter and the Guidelines for submitting posts > > << to this newsgroup as well as our anti-spamming policy > > << are atwww.asktax.org. > > << Copyright (2007) - All rights reserved. > > << ------------------------------------------------------- >

I did not keep the partnership for tax purposes. I kept it for privacy
purposes....makes it harder for a tenant to find where I actually live
(they are low income apartments..I have had problems before).

========================================= MODERATOR'S COMMENT:
- please trim the post to which you are responding

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #1  
Old 03-26-2008, 10:05 AM
Gil Faver
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Posts: n/a
Default Re: Depreciation


"Paul Thomas" <paulthomascpa[at]bellsouth.net> wrote in message
news:9hiGj.25727$r76.25223[at]bignews8.bellsouth.net...
- quote -

> <zl1515[at]yahoo.com> wrote
> > This is the scenario
> > Rental Property-Purchased thru a Partnership in 2003.
> > I held 51% interest in the Partnership.
> > On 12-31-07 I bought my partner's 49% and placed it in the name of my
> > Revocable Living Trust in order to avoid changing the deed from the
> > Partnership name.
> > The IRS no longer recognizes it as a Partnership (since my RLT and I
> > are the same tax entity).
> > > Question:

> > Is it acceptable to depreciate the first half as usual and the newly
> > purchased half according to the new basis?

> Since the building didn't change hands........no.
> > I understand that normally buying out a portion of a Partnership would
> > not alter the basis of the Real Estate the Partnership owns. However,

> Looks like you have your answer.
> Any new owner/partner buying in at any amount would not change the basis
> in the asset.
> > this is the only asset of the Partnership

> And that asset - the building - isn't what you bought.


Thanks - this clears up for me what the OP was doing (I think). So, if this
was me, I would want to get rid of the "partnership with self", and hold the
property itself in my living trust. What are the tax issues here?

And, what was the purpose for not doing this in the first place? A savings
in property taxes?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 03-26-2008, 01:11 AM
Paul Thomas
Guest
 
Posts: n/a
Default Re: Depreciation


<zl1515[at]yahoo.com> wrote
- quote -

> This is the scenario
> Rental Property-Purchased thru a Partnership in 2003.
> I held 51% interest in the Partnership.
> On 12-31-07 I bought my partner's 49% and placed it in the name of my
> Revocable Living Trust in order to avoid changing the deed from the
> Partnership name.
> The IRS no longer recognizes it as a Partnership (since my RLT and I
> are the same tax entity).
> Question:
> Is it acceptable to depreciate the first half as usual and the newly
> purchased half according to the new basis?


Since the building didn't change hands........no.


- quote -

> I understand that normally buying out a portion of a Partnership would
> not alter the basis of the Real Estate the Partnership owns. However,




Looks like you have your answer.

Any new owner/partner buying in at any amount would not change the basis in
the asset.



- quote -

> this is the only asset of the Partnership


And that asset - the building - isn't what you bought.




--
Paul A. Thomas, CPA
Athens, Georgia

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 03-26-2008, 12:43 AM
zl1515@yahoo.com
Guest
 
Posts: n/a
Default Depreciation

This is the scenario
Rental Property-Purchased thru a Partnership in 2003.
I held 51% interest in the Partnership.
On 12-31-07 I bought my partner's 49% and placed it in the name of my
Revocable Living Trust in order to avoid changing the deed from the
Partnership name.
The IRS no longer recognizes it as a Partnership (since my RLT and I
are the same tax entity).

Question:
Is it acceptable to depreciate the first half as usual and the newly
purchased half according to the new basis?
I understand that normally buying out a portion of a Partnership would
not alter the basis of the Real Estate the Partnership owns. However,
this is the only asset of the Partnership and if the IRS will not
recognize it as a Partnership anyway...wouldn't that make it acceptable
to figure it with the new basis?

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 

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