- 12 - (3) any allocation of partnership income or gain. A partner’s capital account is decreased by the amount of partnership losses and deductions allocated to such partner. The capital account is further reduced by the fair market value of property distributed to the partner, net of any liability that the partner assumes or to which the property is subject. See sec. 1.704-1(b)(2)(iv), Income Tax Regs. The regulations governing the economic effect of special allocations contain three tests that essentially serve as “safe harbors”. Special allocations are deemed to have economic effect if they meet the requirements of any one of these safe harbor tests. (1) The Basic Test of Economic Effect The basic test for economic effect (with respect to special allocations) is set forth in section 1.704-1(b)(2)(ii)(b), Income Tax Regs. The test provides, in general, that a special allocation will have economic effect if the partnership agreement contains provisions that require: (1) The determination and maintenance of partners’ capital accounts be in accordance with the rules of section 1.704-1(b)(2)(iv), Income Tax Regs.; (2) upon liquidation of the partnership, the proceeds of liquidation be distributed in accordance with the partners’ positive capital account balances; and (3) upon liquidation of the partnership, all deficit capital accounts be restored to zero.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011