asked

TP is a very minor, less than 1% limited partner in a domestic partnership which is a foreign partnership. In 2019, he contributed more than $100,000, potentially triggering an 8865 Category 3 filing requirement. The IRS instructions state that if a domestic partnership contributes property to a foreign partnership, the domestic partnership's partners are considered to have transferred a proportionate share of the contributed property to the foreign partnership. However, if the domestic partnership files Form 8865 and properly reports all the required information with respect to the contribution, its partners will not be required to report the transfer. There is no way to confirm if the domestic partnership has filed and reported all required information. Is the most conservative approach to prepare the 8865 as a Category 3 filer, or is there a further exception for a less than 10% partner despite a contribution of more than $100,000?

February 17th, 2024

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