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Form 8594 UT: What You Should Know
Examples of IRS (Screen 8594) Forms 1041 and 1056 — Sales to Individual Taxpayers The IRS has made a determination, at the time of the sale, that the Seller's or Purchaser's income is includable in the individual's income in the year of sale; The sales price in lieu of cash is non-exempt income. Example: The sale of an office and computer that was a partnership for 5 years. The purchaser's basis in the property is 50,000, the seller's basis is 100,000, Sales price in lieu of cash = 25,000 / 5 years = 10,000 Tax ability of the Sales Price: If the property is held for an individual for tax purposes, the purchaser will recognize the sale and the sales price in any of the following: net profit, the sale of a capital asset or the gross payment. In each case the recipient of the 10,000 must include the sale and the sales price in calculating his or her income for the taxable year. If the sale of the property and gross payment are to be included in a sale of an investment asset, the property shall be capital property with a fair market value of not over 5,000. The gross payment in the case of a partnership is subject to the limitations in section 1541(d)(1)(A) and section 1541(a)(19). The value of the item shall be determined on Form 1040, line 7a. Example 1: The sale of a partnership interest, in which the parties may own or hold 50% or more of the shares. Gross cash payment = 100,000 100,000 – 100,000 = 50,000 The 50,000 is sold for 25,000 in cash. If the value of the interest is 300,000, Form 1040, line 7d is used and the gross payment of 5,000 will be reported as business income. If, however, an individual owns less than 50% of the business interests, the sales price must be increased to the value of 50% of the partnership interest. For all other property the gross price is the fair market value of the property as of the date of sale.
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