
James F. McDonough
Of Counsel
732-568-8360 jmcdonough@sh-law.comFirm Insights
Author: James F. McDonough
Date: August 18, 2016

Of Counsel
732-568-8360 jmcdonough@sh-law.comThe IRS and the U.S. Department of Treasury recently issued regulations to address the way the former taxes partners in a partnership that has a sole owner of a non-corporate entity. Specifically, the regulations apply to partners employed by the partnership. According to a National Law Review report, in the regulation, partners in these situations are not treated as employees for employment tax and benefit plan purposes. The partners are treated as self-employed individuals.
As a result of the regulation, partnerships will need to examine their structures and the manner in which they classify their partners and employees within their company structures.
These non-corporate entities will continue to not be subject to federal income taxes, but they will be treated as corporations for employment tax purposes. Furthermore, these entities are not treated as corporations for self-employment tax reasons either. As a result, each partner in the entity partnership will be subject to self-employment taxes on net earnings.
With partners considered as self-employed in the partnership, they will also be unable to participate in Section 125, which offers a favorable tax benefit plan. This is significant because these partners will not be able to deduct employer-provided accident and health plans from gross income.
Aside for the self-employment taxes, partners that were previously regarded as employees need to be aware of compensation reporting, health and compensation benefits plans and state tax implications, according to Law 360.
The self-employment taxes calls for a partner to deduct the employer-equivalent portion of the self-employment tax when calculating his adjusted gross income.
Compensation reporting will also change because partners will not longer be able to file W-2 employment tax forms. They will not need to file this information on Schedule K-1 tax forms submitted by the non-corporate partnership entity.
Health benefits plans are now treated as income tax earned by the partners, as self-employed individuals in a partnership can deduce the cost of health insurance from their net earnings.
Retirement plans are also treated differently for tax purposes. While partners can still participate in 401(k) retirement plans – and these savings vehicles’ favorable tax statuses – they will not be eligible to participate in compensation benefit plans with favorable tax structures.
The implementation date is set for Aug. 1, but any health or benefit plan or non-corporate partnership entity started before May 4 of this year will be subject to the new regulation.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!