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#1
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what are the tax consequences?What is the name of your state? South Carolina I own 51% of a company (LLC) in South Carolina, but I live in North Carolina and pay taxes in N.C.; the managing partner owns 49%. The LLC has lost money the first 4 years of operation and consequently, tax write-offs have occurred for each owner (49 / 51 split) for those 4 years. I am interested in leaving the company and want to sign over my 51% to the managing partner. What are the tax consequences for me? Are there recapture taxes that I will incur? Please help! |
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#2
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| You could not have written off losses in excess of your investment in the company; therefore, you still have a basis in your share, which is equal to your total investment less any losses you have deducted. Therefore, in general, you would have a gain or loss equal to the difference between your basis and the buy-out price. You may also have extra income on the sale if you have unrealized receivables or inventory items. |
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#3
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Need further explanationI do not want to sell my shares; I simply want to give them up without compensation. Are there recapture taxes that I will pay? |
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#4
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| If you are not compensated for the shares, there will be no tax. You may have a loss, but no gain or recapture. |
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#5
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More help pleaseI hope that I am communicating everything I need to tell you; however, I am trying to be brief. Thanks so much for your help so far. That said .... just to clarify a few points. All losses for each year were reported and taken per the appropriate K-1 statements for each owner. I wish to totally divest myself from this LLC without compensation. I merely wish to transfer my 51% to the managing partner without receiving any monetary value for that percentage. I simply want out. Will I be assessed any recapture taxes for losses previously taken? Thanks for helping me. I just wanted to be assured that we were communicating. |
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#6
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| I think I got the situation straight. Only if you have deducted more than your investment would there be a gain, but it would have been improper to deduct more than the investment. |
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