Bryant, Jeffrey J.
New regulations raise critical issues concerning a partner's share of liabilities and partnership disguised sales / Jaffrey J. Bryant .-- , 2017
Disponible también en línea a través de la Biblioteca del Instituto de Estudios Fiscales. Resumen. Conclusión.
New Treasury Department guidance has changed the tax landscape forleveraged partnerships. Recently released regulations modify the approach to disguised sales in several important ways. They reduce the benefits available fromthe reimbursement of preformation capital expenditures exception to disguised sale treatment, particularly when qualified liabilities are transferred to the partnership. In addition, temporary regulations significantlyrestrict partners. ability to adjust their shares of partnership liabilities with guarantees and other payment obligations in thecontext of the disguised sale rules. The new regulations would also transform the allocation of partnership liability process ingeneral. Bottom dollar payment obligations now have no effect on partners. shares of liabilities. Beyond this specific type of obligation, newly proposed regulations introduce a list of factorsthat will be used to determine whether any payment obligation is recognized as a valid liability under Section 752. As this articleexplains, partnership structures for holding investments must be adapted to achieve the desired results under these rules.
SOCIOS
ACCIONISTAS
BENEFICIOS
IMPUESTOS
REFORMA
ESTADOS UNIDOS
Journal of Taxation of Investmentsv. 34, n. 4, Summer 2017, p. 3-23
New regulations raise critical issues concerning a partner's share of liabilities and partnership disguised sales / Jaffrey J. Bryant .-- , 2017
Disponible también en línea a través de la Biblioteca del Instituto de Estudios Fiscales. Resumen. Conclusión.
New Treasury Department guidance has changed the tax landscape forleveraged partnerships. Recently released regulations modify the approach to disguised sales in several important ways. They reduce the benefits available fromthe reimbursement of preformation capital expenditures exception to disguised sale treatment, particularly when qualified liabilities are transferred to the partnership. In addition, temporary regulations significantlyrestrict partners. ability to adjust their shares of partnership liabilities with guarantees and other payment obligations in thecontext of the disguised sale rules. The new regulations would also transform the allocation of partnership liability process ingeneral. Bottom dollar payment obligations now have no effect on partners. shares of liabilities. Beyond this specific type of obligation, newly proposed regulations introduce a list of factorsthat will be used to determine whether any payment obligation is recognized as a valid liability under Section 752. As this articleexplains, partnership structures for holding investments must be adapted to achieve the desired results under these rules.
SOCIOS
ACCIONISTAS
BENEFICIOS
IMPUESTOS
REFORMA
ESTADOS UNIDOS
Journal of Taxation of Investmentsv. 34, n. 4, Summer 2017, p. 3-23