Louisiana Revised Statutes 47:215 – Optional adjustment to basis of undistributed partnership property
Terms Used In Louisiana Revised Statutes 47:215
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
A. General rule. The basis of partnership property shall not be adjusted as the result of a distribution of property to a partner unless the election, provided in La. Rev. Stat. 47:220.1 (relating to optional adjustment to basis of partnership property), is in effect with respect to such partnership.
B. Method of adjustment. In the case of a distribution of property to a partner, a partnership, with respect to which the election provided in La. Rev. Stat. 47:220.1 is in effect, shall:
(1) Increase the adjusted basis of partnership property by:
(a) the amount of any gain recognized to the distributee partner with respect to such distribution under La. Rev. Stat. 47:212 A(1), and
(b) in the case of distributed property to which La. Rev. Stat. 47:213 A(2) or B applies, the excess of the adjusted basis of the distributed property to the partnership immediately before the distribution as adjusted by La. Rev. Stat. 47:213 D over the basis of the distributed property to the distributee, as determined under La. Rev. Stat. 47:213, or
(2) Decrease the adjusted basis of partnership property by:
(a) the amount of any loss recognized to the distributee partner with respect to such distribution under La. Rev. Stat. 47:212 A(2), and
(b) in the case of distributed property to which La. Rev. Stat. 47:213 B applied, the excess of the basis of the distributed property to the distributee, as determined under La. Rev. Stat. 47:213, over the adjusted basis of the distributed property to the partnership immediately before such distribution (as adjusted in accordance with La. Rev. Stat. 47:213 D).
C. Allocation of basis. The allocation of basis among partnership properties where Subsection B is applicable shall be made in accordance with the rules provided in La. Rev. Stat. 47:220.2.
Added by Acts 1958, No. 441, §2.