New Partnership Audit Rules Impact...
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New Partnership Audit Rules Impact... I'm feeling singled out by this article...I'm a member of a small investment club with 12 members (for which I'm the designated tax matters partner), my husband and I have a family revocable living trust--sounding as though IF my husband and I were audited by the IRS,it would implicate the club and other individual members to file an amended personal returns next year. Does this mean that the club should ask how many members likewise have trusts, definitely get a partnership representative--with what qualifications-- consider disbanding the club in 2018. And should I withdraw from the club this year? With questions, mjkh Please include a link to the original article. Charles Charles it was discussed earlier in February in this forum "New IRS Form of investing partnerships" the article mentioned was in the march BI Magazine. "See Better Investing, March 2018, page 18: http://mydigimag.rrd.com/publication/?i=471507&p=&l=&m=&ver=&view=&pp=#{"issue_id":471507,"view":"articleBrowser","article_id":"2995326"}" I believe you have to be a BI Member to access it online. Do you have a way to share the article for those without BI access? scott On Sun, Mar 4, 2018 at 11:55 AM, Leonard E. Douglass via bivio.com <user*20291800001@bivio.com> wrote: > Charles it was discussed earlier in February in this forum > "New IRS Form of investing partnerships" > the article mentioned was in the march BI Magazine. "See > Better Investing, March 2018, page 18: > http://mydigimag.rrd.com/publication/?i=471507&p=&l=&m=&ver=&view=&pp=#{"issue_id":471507,"view":"articleBrowser","article_id":"2995326"}" > > I believe you have to be a BI Member to access it online. Len, Thank you for the reference to p.18 of the March issue of Better Investing Magazine. Unfortunately the online link would not accept my BI credentials. I was able to reference the article in the paper magazine. Charles Based on Scott's request I reached out to BetterInvesting for help because the magazine is copyrighted. The result is BI has made the article available on their Blog which anyone can access at the following URL [address]. http://blog.betterinvesting.org/investment-clubs/how-new-partnership-audit-rules-impact-your-club/ Addressing Marcia's concerns. I don' read the article as saying the investment club would be impacted by an audit of a member's 1040. The provisions apply when the club's own 1065 is audited. For clubs with members using a personal revocable trust, the advice about amending the partnership agreement to specify a process to choose a tax representative and fix that person's authority to settle makes sense. In addition, I would add a provision that partners agree to reimburse the partnership a pro-rata share of the tax liability paid by the partnership based on their percentage ownership at the end of the tax year in question. Have it would apply even to partners who withdrew in the interim. Basically, if you follow the steps outlined by bivio in preparing the 1065 return, there should be no fear of an audit. Jack Ranby, Treasurer Grants Partners Investment Club If you are a masochist and really want to deep dive the subject here is a link to IRS Bulletin 27-28 which discusses the new regulations in excruciating detail. "This document contains proposed regulations to amend the Procedure and Administration Regulations (26 CFR Part 301) under Subpart - Tax Treatment of Partnership Items to implement the centralized partnership audit regime enacted by section 1101 of the BBA, Pub. L. No. 114-74." https://www.irs.gov/irb/2017-28_IRB Hint use your browsers find function to search for "Election out of the centralized partnership audit regime" Karen B Johnson 113 Union Street Schenectady, NY 12305 (518) 393-8184 work email: kjohnson@proctors.org Cell phone: 518 573-2922 Work phone - Tues, Wed and Thurs Proctors 518 382-3884 x 114
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