One might think that a contributor of property to a partnership would not need to worry about having gain from a “disguised sale” of property to the partnership as long as the contributor does not receive any cash. However, a transaction as simple as a contribution of property to a partnership subject to a mortgage may be treated as involving a taxable sale of property to the partnership if the debt is not a “qualified” liability.
While the new Treasury Regulations regarding partnership disguised sales that were issued in October 2016 were generally unfavorable for taxpayers, a taxpayer-friendly provision that was included is a new category of debt that constitutes a qualified liability. In a welcome development, the IRS recently issued a private letter ruling that interpreted the new category of qualified liability in a favorable manner.
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