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No gain or loss is recognized to a partnership on a distribution of property or money to a partner.[27] The one exception is for disproportionate distributions, which are treated as a sale or exchange by the partnership.Comparison to Corporations: Because no gain or loss is recognized on a distribution of money or property to a partner, partners are able to defer recognition of the gain in the appreciated property.The partner’s basis in his partnership interest in increased by: These basis adjustments depend in large part on the allocation of partnership income, gains, losses, deductions, and credit among the partners.The partnership agreement determines the allocation of these items.[14] If the partnership agreement is silent, these items are allocated in accordance with the partnership interests.[15] If the partnership agreement allocates partnership items among the partners, the allocation is respected as long as one of the following is true: If an allocation does not meet one of these requirements, the allocation of income, gain, loss, deduction, or credit is reallocated in accordance with the partner’s interest in the partnership.[20] Special rules apply to allocations of property with built-in gain and loss.[21] Important Note: The rules governing substantial economic effect are complex and must be given special consideration if the partnership agreement or operating agreement provides for allocations other than in accordance with each partner’s interest in the partnership.

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These so-called hot assets include substantially appreciated inventory or unrealized receivables.In contrast, distributions of appreciated property by C corporations and S corporations are treated as though the property were sold to the shareholder at fair market value.[28] For S corporations, this deemed sale results in gain recognized by the S corporation, which is passed through to the shareholders and increases their basis in the S corporation stock.[29] The distribution then reduces the shareholder’s basis.[30] Assuming the S corporation has no accumulated earnings and profits, the shareholder will have no gain on the later distribution except to the extent that the amount of the distribution exceeds his adjusted basis in the stock.[31] A partner may withdraw from a partnership by either sale or liquidation of his partnership interest.A partner’s sale of his partnership interest is taxable.A non-liquidating distribution is any distribution to a continuing partner from an on-going partnership.Within non-liquidating partnership distributions there are two variations: a draw; and a partially liquidating distribution.

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