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What does built-in loss mean on the CPA exam?

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Built-in loss. Loss that already existed in property before it changed hands, measured at the transfer date. Special rules stop it being shifted to a different taxpayer.

Defined against Sec. 704(c)(1)(C).

Worked example

Ana puts land into a new partnership: her basis is $120,000, but it is worth only $80,000 on the day she contributes it. Ben puts in $80,000 of cash, and the two split every item 50/50. In Year 4 the partnership finds an unrelated buyer and takes $70,000 for the land.

How is the partnership's tax loss on the sale divided between Ana and Ben?

Total tax loss on the sale120,000 - 70,00050,000
Built-in loss at contribution, which belongs to Ana alone120,000 - 80,00040,000
Loss that arose inside the partnership, measured from the land's $80,000 value80,000 - 70,00010,000
Each partner's half of the post-contribution loss10,000 / 25,000
Ana's total loss40,000 + 5,00045,000

Answer: Ana is allocated $45,000 of the loss and Ben $5,000. For every partner except Ana, the land is treated as having a basis equal to its $80,000 value at contribution.

The trap: Splitting the whole $50,000 equally, which would hand Ben $20,000 of a loss Ana suffered before the partnership owned the land. A built-in loss can benefit only the partner who contributed the property.

Based on IRC Sec. 704(c)(1)(C).

Which CPA exam sections use built-in loss?

Built-in loss appears in the TCP section of the CPA exam.

Related terms

See also