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Unequal distribution of LLC profits

Because we allocate profits quarterly based on each partner's capital at quarter-end, I've ended up with some partners recognizing profit, and some recognizing loss for the year.  Can I put negative numbers in the "% profit" field?

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Accepted Solutions

Unequal distribution of LLC profits

I agree with @tagteam in that you cannot reflect a negative in any of the questioned fields.  You can't have a negative interest in an LLC / partnership.

What you do have, is an allocation method that is something different than the partners interest in the partnership (known as PIP).

This also means that your operating agreement, and your allocation method, must now comply with the extremely complex substantial economic effect regulations of Section 704(b).  These regulations are not for the faint of heart; which includes many tax professionals.

I would recommend you get some tax advice regarding your allocation and how this impacts maintaining your capital accounts and distributions.

With most partnerships (not LLC's taxed as a partnership), the partnership agreements include language regarding deficit restoration obligation (DRO) or a qualified income offset (QIO).  These are rarely found in LLC operating agreements (unless of course one was drafted from a stock partnership agreement), as being a limited member, the member's don't want to accept either of those requirements.

Assuming you move forward without getting any advice, you are going to have to come up with some type of income allocation using excel, manually override what TT would be inputting, and paper file your tax return.  If you do this, then I recommend you use "var" for the beginning and ending amounts on the K-1 line J.

Doing this will certainly increase the IRS scrutiny.

*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.

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2 Replies

Unequal distribution of LLC profits

No, you cannot in the program, but you may have other issues here.

 

@Rick19744 

Unequal distribution of LLC profits

I agree with @tagteam in that you cannot reflect a negative in any of the questioned fields.  You can't have a negative interest in an LLC / partnership.

What you do have, is an allocation method that is something different than the partners interest in the partnership (known as PIP).

This also means that your operating agreement, and your allocation method, must now comply with the extremely complex substantial economic effect regulations of Section 704(b).  These regulations are not for the faint of heart; which includes many tax professionals.

I would recommend you get some tax advice regarding your allocation and how this impacts maintaining your capital accounts and distributions.

With most partnerships (not LLC's taxed as a partnership), the partnership agreements include language regarding deficit restoration obligation (DRO) or a qualified income offset (QIO).  These are rarely found in LLC operating agreements (unless of course one was drafted from a stock partnership agreement), as being a limited member, the member's don't want to accept either of those requirements.

Assuming you move forward without getting any advice, you are going to have to come up with some type of income allocation using excel, manually override what TT would be inputting, and paper file your tax return.  If you do this, then I recommend you use "var" for the beginning and ending amounts on the K-1 line J.

Doing this will certainly increase the IRS scrutiny.

*A reminder that posts in a forum such as this do not constitute tax advice.
Also keep in mind the date of replies, as tax law changes.
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