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Frequently Asked Questions
A partner recognizes gain only when cash distributed exceeds their outside basis. Gain is capital (usually long-term) to the extent it represents a return of capital in excess of investment. Property distributions generally don't trigger gain to the distributee partner.
Generally, the partner takes a carryover basis from the partnership, limited to their outside basis minus any cash received. If multiple properties are distributed, basis is allocated first to unrealized receivables and inventory (up to partnership's basis), then to other property.
A partner's share of partnership liabilities increases their outside basis (as if they contributed cash). A decrease in their share of liabilities is treated as a cash distribution, potentially triggering gain if it exceeds other basis. Recourse and nonrecourse rules differ.
Hot assets are unrealized receivables and substantially appreciated inventory. When a partner sells their interest or receives a disproportionate distribution, hot assets can convert capital gain into ordinary income. They exist to prevent converting ordinary income to capital gain.