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Form Instructions 4797 for Gilbert Arizona: What You Should Know

Capital Gains with Respect to the Taxable Capital Gain on the Sale or Disposition (Form 8802) of the Partnership Interest — For the first time the Arizona state legislature passed a bill aimed at lowering taxes on both passive and active investors. This change is effective for all owners/operators of partnerships in the first tax year that these changes are made:  The new rules require a transfer of partnership interest that results in a taxable capital gain to be subject to Arizona income tax on the gross amount realized as of the earliest of (1) the date of the transfer, or (2) the date of death of an owner/operator other than an immediate family member of the transferee. The new rules also require an immediate family member of a transferee to be in a position that is qualified as an “owner” or “operator” of the partnership interest or, alternatively, qualified to receive income and expenses on the partnership interest without being in a position to receive income and expenses on the partnership interest unless the transferee has acquired and disposed of its interest prior to the date the transferee is deemed by the legislation to have acquired and disposed of it. This bill provides that the transferee must meet both the new “owner” and “operator” test requirements to receive the partnership interest without the transfer of its partnership interest. See SB1237 and SB1402 May 1, 2025 — Sale of Business Property (Form 4797); Farm Rental Income and Expenses (Form 4835); Capital Gains and Losses on Disposition of non-publicly  Arizona Legislature and Governor: Tax Changes: “Treatment Of Income From Real Property By Partnership and Limited Liability Company” For some time now, the Arizona legislature and the Governor have been engaged in “tax reform” on several fronts, and one of the most significant is the passage and re-passage of the Sales and Use Tax Act (SB 1237). Under this legislation, the sale of businesses, including real estate, will remain subject to the same rate as it now is for all non-real property business transactions. However, there has been an effort to establish “treaty” status for sales of real property, including real estate by partnership. The new legislation, SB 1402, would extend these provisions “treaty” status to sales of real property by limited liability companies as well, effective for all sales of real property, including sales by partnership.

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