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Partnership Special Allocations (§704(b)) — Route Deductions to High-Bracket Partner

LLC-partnerships can allocate depreciation, losses, or credits disproportionately to partners — subject to substantial economic effect.

Overview

IRC §704(b) permits partners in LLC-partnerships or LPs to allocate specific items (depreciation, losses, credits) DIFFERENTLY from their overall profit/loss ratio, as long as the allocation has 'substantial economic effect' (capital accounts maintained + liquidations follow capital accounts + qualified income offset). Common use: allocate 99% of depreciation losses to the high-bracket partner who needs the shelter, while economic upside splits per capital. Popular in real estate syndications, film/energy partnerships, and family LLCs.

Best fit
Multi-partner LLCs and LPsReal estate syndicationsFamily investment partnerships
Estimated impact
Route $50K–$500K deductions to the partner with highest marginal rate

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