The 2-Minute Rule for 357 cash
The 2-Minute Rule for 357 cash
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Just need a fact Verify on the appropriate procedure of a transaction. My consumer is majority operator in 4 entities (C-Corps) that agreed to contributed property and liabilities to a whole new C-Corp (NewCo). A few of the entities had liabilities in surplus of assets. Even though, in accordance with § 351 and § 357, we addressed this as tax totally free exchange and didn't report any acquire as being the 4 entities obtained no cash proceeds and retained each Handle and retained Major legal responsibility to the transferred liabilities. I just got a phone through the NewCo CPA declaring they had been about to report a stage up in basis to FMV to the NewCo tax return and was questioning why we did not report a achieve.
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Originally posted by bbrownatl View Article Okay, so it appears like a achieve needs to be recognized. Now, one particular further dilemma. The Companies transferring all in their belongings and liabilities had been around the cash basis of accounting.
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Once again, anything is remaining contributed to The brand new entity. This is certainly now my confusion. So it would seem which the contribution of the Cash and N/P would make a $one hundred fifty attain as the liabilities exceed the belongings. If the answer, is report a obtain, that is simple. The obtain is noted, retained earnings nets to $0, the equilibrium sheet is obvious as well as the entity has a $0 basis while in the NewCo entity.
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