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Glossary/Disguised sale

What is Disguised sale?

In short

A contribution of property to a partnership followed by a distribution of money or other property to the contributing partner can be treated as a disguised sale, making the partner recognize gain as if part of the property were sold.

Key takeaways

  • A contribution and distribution within two years are presumed to be a sale unless the facts clearly show otherwise.
  • The partnership taking on some of the partner's liabilities can also trigger a disguised sale.
  • Guaranteed payments and normal operating distributions are generally not treated as part of a sale.

Where it's tested

TCP: Partnership Compliance & Planning — study notes, a five-minute revision sheet and practice questions.

Practise: 3 questions

Question 1 of 3 · 0 answered

A partner contributes property with a basis of $30,000 and a fair market value of $50,000, subject to a $10,000 liability the partnership assumes, for a 25% interest. Assume this is the partnership's only liability. What is the partner's basis in the partnership interest?

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