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LLC recognition of Capital Gain and an operating lossWhat is the name of your state (only U.S. law)? FL Facts: Formed LLC in 05 and purchased a hotel Equity: Class a (40 percent equity, consideration $2.5mm) , b (40 percent equity, consideration $300k) , c (10% equity consideration personal guarantee of $10mm) , d (10 consideration managing member)... Class B has priority distribution of $300,000 then class a has priority on the next $2.5mm. Once both classes are paid the distribution is shared as stated above. 2005 the LLC recorded ordinary losses of $400,000 allocating the loss to class b of 300k (priority) and the remainder went to class A. 2006 the LLC incurred $500k in losses and allocated to class A 2007 Through mediation the allocation schedule was changed whereby class b receives $1.5mm of priority distribution. LLC sell property whereby a capital gain is recognized of $2mm LLC records $3mm in losses Question: How does the LLC report the gain and loss... can the LLC assign the capital gain to the class b and allocate the 3mm in losses to the other members? Due to the settlement with the class b the other members will not receive a return of equity...What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)? |
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