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Taxation of Partnerships and S Corporations

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Charitable Contribution Deductions by Corporations

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S corporations can pass through charitable contribution deductions to shareholders, who can deduct them on their individual returns.

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Guaranteed Payments

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Payments made to partners for services or use of capital that are determined without regard to the income of the partnership.

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Qualified Business Income Deduction (Section 199A)

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Provides eligible taxpayers with a deduction for a portion of their qualified business income (QBI) from a pass-through entity.

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Basis Tracking

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Each partner or S corporation shareholder must track their basis in the entity, which affects their ability to deduct losses and calculate gains.

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At-Risk Rules

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Limitations on the deduction of losses to the amount that a partner or shareholder has at risk in the activity.

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Section 179 Deduction

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Allows a business to deduct the full purchase price of qualifying equipment or software during the tax year instead of capitalizing and depreciating.

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Deductibility of Organizational Expenses

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Taxpayers can elect to deduct a portion of their organizational expenses in the year the business begins and amortize the remainder over a period of years.

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Distribution Tax Treatment

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Distributions are typically tax-free unless they exceed the partner's or shareholder's basis in the entity.

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Pass-through Taxation

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Business entity income is passed through to the individual partners or shareholders and reported on their individual tax returns.

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Liquidation of Partnership

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In a liquidation, the partnership's distribution of cash and property to retiring partners can trigger gains or losses.

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Built-In Gains Tax

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A tax imposed on S corporations for gains on the disposition of assets that were appreciated at the time of the S corporation election.

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Self-Employment Tax

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Income to the individual from pass-through entities may be subject to self-employment tax for active partners or S corporation shareholders.

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Allocation of Income and Loss

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Income and loss are allocated to partners or S corporation shareholders based on the operating agreement or ownership percentage.

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Passive Activity Loss Rules

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Losses from passive activities can generally only be deducted against income from passive activities;

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Employment Taxes for Shareholders

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Payments to shareholders who work for an S corporation should be classified as wages and are subject to employment taxes.

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Like-Kind Exchanges

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Non-recognition of gains or losses when exchanging property used for business or investment purposes for similar property.

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S Corporation Election and Termination

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To elect S corporation status, the corporation must meet specific IRS criteria and file Form 2553. Termination of status can occur voluntarily or by failing to meet these criteria.

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Section 1244 Stock Loss Treatment

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Losses on small business stock may be treated as ordinary losses rather than capital losses, subject to limitations.

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Constructive Dividend

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Shareholder benefit that is treated as a dividend for tax purposes, even though it is not formally declared as such by the corporation.

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Tax Treatment of Fringe Benefits

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Certain fringe benefits provided to S corporation employees who are also shareholders may be taxable as compensation.

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