MLP Basis Hits Zero: What Happens Next (§731)

When your MLP cost basis reaches zero — from years of return-of-capital distributions exceeding income allocations — every distribution after that becomes immediately taxable as capital gain under IRC §731(a). Your tax-deferred ride is over. But reaching zero basis doesn't mean you should sell.

By Lucas Andersen — Last updated March 6, 2026

How Basis Reaches Zero

Your MLP cost basis starts at what you paid. Every year, K-1 adjustments — distributions (Box 19A), ordinary losses (Box 1), and liability decreases (Item K) — reduce it. Income allocations and liability increases add basis back, but for most MLPs the net annual effect is negative. Pipeline MLPs typically reach zero in 7–15 years; royalty MLPs in 3–5 years.

The §731(a) Trigger

IRC §731(a)(1): a partner recognizes gain to the extent cash distributions exceed adjusted basis. Once basis = $0, every dollar of distribution is taxable as capital gain (long-term if held >1 year). This is NOT ordinary income — it’s capital gain at 0/15/20%. Basis cannot go below zero.

What Changes and What Doesn’t

Changes: Distributions become immediately taxable. Your annual tax bill increases significantly. Doesn’t change: You still receive the same cash distribution. Suspended passive losses keep accumulating. §751 recapture exposure continues to build. The stepped-up basis at death still works.

Worked Example: EPD at Zero Basis

500 units purchased at $20 ($10,000) in 2012. After 13 years of distributions and K-1 adjustments, basis reaches $0 in 2025. 2026 distribution: ~$2.10/unit × 500 = $1,050. With zero basis, all $1,050 is LTCG. Tax at 15%: $157.50. Compare to the prior 13 years where $0 was owed annually on ~$13,650 in tax-deferred distributions.

Your Five Options at Zero Basis

A) Buy more units — adds fresh basis, extends tax deferral. B) Keep holding — accept the tax, keep collecting. C) Sell — triggers §751 + capital gain, releases suspended losses. D) Hold until death — stepped-up basis eliminates everything. E) Donate — FMV deduction, zero gain recognition.

The Phantom Income Problem

At zero basis, positive Box 1 income creates “phantom income” — taxable income with no corresponding cash. Combined with §731 gain on distributions, zero-basis holders can face surprisingly large tax bills in strong MLP years. More common with CQP and fuel distribution MLPs (SUN, CAPL).