2016年8月1日 · If a transaction is treated as a disguised sale under Sec. 707, it is treated as a sale under all other Code provisions, such as Secs. 453 (installment sales), 483 (unstated interest rule), 1001 (determination of gain or loss), 1012 (basis), 1031 (like-kind exchange), and 1274 (the original issue discount (OID) rules) (Regs. Sec. 1. 707-3 (a)(2 ...

For purposes of paragraphs (1) and (2) of this subsection, the ownership of a capital or profits interest in a partnership shall be determined in accordance with the rules for constructive ownership of stock provided in section 267 (c) other than paragraph (3) of such section.

2025年1月29日 · Section 707 of the Internal Revenue Code is a critical framework for understanding financial interactions between partners and partnerships. It establishes guidelines to determine whether transactions occur within the partnership or as separate dealings.

2016年10月4日 · Sec. 707 is intended to prevent partners from recharacterizing a sale or exchange of property as a contribution to the partnership followed by a distribution by the partnership, which could avoid or defer tax on the transaction.

The Treasury Department issued new proposed regulations intended to clarify the disguised-sale rules under Sec. 707 and the allocation of partnership liabilities under Sec. 752.

A partner that treats a liability assumed or taken subject to by a partnership in connection with a transfer of property as a qualified liability under paragraph (a)(6)(i)(B) of this section or under paragraph (a)(6)(i)(E) of this section (if the liability was incurred by the partner within the two-year period prior to the earlier of the date ...

(1) A caption identifying the statement as disclosure under section 707; (2) An identification of the item (or group of items) with respect to which disclosure is made; (3) The amount of each item; and (4) The facts affecting the potential tax treatment of the item (or items) under section 707. (c) Disclosure by certain partnerships.

Section 707(b)(1)(A) provides that no deduction shall be allowed in respect of losses from sales or exchanges of property (other than an interest in a partnership), directly or indirectly, between a partnership and a personowning, directly or indirectly,

Under IRC Section 752 and its regulations, partnership liabilities are separated into two categories: (1) recourse liabilities (partnership liabilities for which a partner or related person bears the economic risk of loss (EROL)), and (2) nonrecourse liabilities (partnership liabilities for which no partner or related person bears EROL).

2018年6月18日 · In REG-131186-17, the IRS announced that it is withdrawing the temporary regulations issued in T.D. 9788, which addressed the allocation of partnership liabilities for disguised-sale purposes (the Sec. 707 temporary regulations) and proposing to reinstate the prior regulations under Regs. Sec. 1.707-5(a)(2). The IRS, however, announced that it ...