- 11 - will have “substantial economic effect” but also the manner of determining a partner’s “interest in the partnership”. Substantial Economic Effect The regulations provide that a special allocation of partnership items is deemed to have substantial economic effect, if, in the event there is an economic benefit or burden that corresponds to an allocation, the partner to whom the special allocation is made receives a corresponding benefit or bears a corresponding burden. See sec. 1.704-1(b)(2)(ii), Income Tax Regs. Moreover, the economic effect of the special allocation must be substantial; this requires “a reasonable possibility that the allocation (or allocations) will affect substantially the dollar amounts to be received by the partners from the partnership, independent of tax consequences.” Sec. 1.704-1(b)(2)(iii)(a), Income Tax Regs. Determinations of substantial economic effect, as well as determinations of a partner’s interest in the partnership, depend upon an analysis of the partners’ capital accounts. Generally speaking, a partner’s capital account represents the partner’s equity investment in the partnership. The capital account balance is determined by adding (1) the amount of money that the partner contributes to the partnership, (2) the fair market value of property the partner contributes (net of liabilities to which the property is subject or which are assumed by the partnership), andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011