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Bronx New York online Form Instructions 4797: What You Should Know

A partner that is not subject to Section 1350, if the S corporation meeting the partnership minimum capitalization requirements is a limited liability company, a partnership or an S corporation. Form 8814, if any is filed on behalf of an S corporation meeting any requirements under this article, including a requirement to maintain a minimum capitalization. The partnership minimum capitalization requirements must be met either through incorporation, or by the partnership establishing its own minimum capitalization requirements. The only requirements that may be satisfied through incorporation are those requiring a capitalization that is equal to or greater than that required on the initial application for incorporation (as determined pursuant to §7-1(e)(3)). A partnership capitalization level at the beginning of the partnership's first taxable year is the minimum capitalization level of the partnership for its first taxable year (or, if the minimum capitalization requirement is satisfied upon incorporation, for the first taxable year to which the requirement applies). For Example, if you are a partnership that is not required to maintain a minimum capitalization level as of the beginning of the first taxable year, as determined pursuant to §7-1(e)(3), the minimum capitalization level for your first taxable year (or the minimum capitalization of the partnership if you incorporate), is the same as that required on the initial application for incorporation (or as the minimum capitalization level of the partnership as determined on incorporation.) However, in such cases, the partner minimum capitalization requirement would only apply. If the minimum capitalization requirement is satisfied prior to the start of the partnership's second taxable year (or the beginning of the first taxable year to which the requirement applies), that requirement must be satisfied or waived, or the partnership should adjust the minimum capitalization level for the remainder of the partnership's taxable year or, in the case of the partner who failed to meet the partnership minimum capitalization requirements, its first taxable year (or, if the partner cannot be satisfied as of the beginning of the partnership's second taxable year, the partnership's first taxable year to which the requirement applies.

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