Assignment or transfer of funds
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Assignment or transfer of funds WE have a member who wishes to transfer a portion of their shares to another member as settlement of a debt. Is this possible without incurring a taxable event? The answer is maybe. The club will need to perform a partial withdrawal for the debtor in the amount he wants to give to the creditor. This transaction should be in cash. If the debtor member's basis in the club is more than the amount he withdraws, the transaction will not result in him having to pay any tax now. However, his basis in the club will be reduced so he may to pay more tax at a later time. If the creditor wants to buy more units with payment from the debtor, he can do so and the club's value will not change. By using the suspense account, no money needs to leave the broker; provided the treasurer receives written instructions signed by both members authorizing the transactions. Jack Ranby The answer is maybe. The club will need to perform a partial withdrawal for the debtor in the amount he wants to give to the creditor. This transaction should be in cash. If the debtor member's basis in the club is more than the amount he withdraws, the transaction will not result in him having to pay any tax now. However, his basis in the club will be reduced so he may to pay more tax at a later time. If the creditor wants to buy more units with payment from the debtor, he can do so and the club's value will not change. By using the suspense account, no money needs to leave the broker; provided the treasurer receives written instructions signed by both members authorizing the transactions. Jack Ranby The answer is maybe. The club will need to perform a partial withdrawal for the debtor in the amount he wants to give to the creditor. This transaction should be in cash. If the debtor member's basis in the club is more than the amount he withdraws, the transaction will not result in him having to pay any tax now. However, his basis in the club will be reduced so he may to pay more tax at a later time. If the creditor wants to buy more units with payment from the debtor, he can do so and the club's value will not change. By using the suspense account, no money needs to leave the broker; provided the treasurer receives written instructions signed by both members authorizing the transactions. Jack Ranby |
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