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A client of mine opened a bar last year with his dad. The partnership agreement states that the son owns 49% of the partnership and the dad owns 51%. It doesn't mention anything about who contributed what and that any profits or losses will be divided according to the ownership percentage.
The dad contributed around 150K during the year to get it up and running. He did not do any of the work. The son worked there all year and the balance sheet is showing that he distributed 12K throughout the year. He did not pay himself a salary. This could be treated as a guaranteed payment. The bar generated a 30K loss in 2022 and they're talking about shutting it down in 2023.
I'm somewhat confused on what to do with the losses on the K1's being that the contributions don't come close to matching.
If we report the losses based on the ownership percentages, the son will not be able to deduct the 15K loss and probably won't be able to deduct anything in 2023, assuming there will most likely be losses in that year as well.
Is there a way to structure this so that the dad can eventually write off 100% of his investment if the bar goes under in 2023?
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