Need advice on sale of interest in LLC partnership I formed a LLC partnership with 3 other partners in 2012. We have an operating agreement specifying our shares.
Let us say I brought cash as capital: $40 (not real numbers)
Year 2012, we reported loss, and my allocation was ($6)
Year 2013, we reported profit, and my allocation was $4
Year 2014, we have a profit (still not reported), and my allocation would be $8 - assuming the numbers prepared by the other partner are correct.
No distributions have been made so far. I was active partner in 2012, so I claimed the loss in my personal tax return. I also paid tax on the profit allocation for 2013.
I sold my interest in Sep 2014. Tax Year is calendar year.
Per the above numbers. my ending capital or adjusted basis would be $40-$6+$4+$8 = $46.
I withdrew $40 at the time of my exit in Sep 2014.
Now the remaining partner wants to issue me the K-1 for 2014 for $8, which is fine with me, however he is not willing to distribute the remainder of my ending capital, which is $46-$40 = $6.
It seems that he is forcing me to pay tax on the $8 profit allocation while wanting to keep my capital of $6.
What recourse do I have ? I am happy to clarify further, but please somebody give me advice here. I have tried calling several CPAs in my region, but nobody has the time right now with the 15-Apr deadline looming large.
Thanks in advance. |