Contribution of Services. Sean is admitted to the calendar year XYZ Partnership

Question

Contribution of Services. Sean is admitted to the calendar year XYZ Partnership on December 1 of the current year in return for his services managing the partnership's business during the year. The partnership reports ordinary income of $ 100, 000 for the current year without considering this transaction. Assume a non leap year. What are the tax consequences to Sean and the calendar year XYZ Partnership if Sean receives a 20% capital and profits interest in the partnership with a $75,000 FMV? What are the tax consequences to Sean and the XYZ Partnership if Sean receives only a 20% profits interest with no determinable FMV?

Explanation / Answer

a. If Sean receives a 20% capital and profit interest with a determinable FMV then Sean would be subject to tax on 20% of this $75000 and XYZ partnership would get a corresponding tax deduction of the amount paid as taxes by Sean.

b. If Sean only receives a profit interest , then there would be no tax consequences on either Sean or the partnership.

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