Can a Partner/LLC Member be Treated as an Employee?


Estimated Read Time: 4.7 minutes. We are often asked whether an LLC, which is treated as a partnership for income tax purposes, can pay a member as an employee on a W-2 rather than simply making gross distributions from which the member pays self-employment taxes and makes quarterly estimated payments […] Read more »

New Partnership Level Audit Rules

On November 2, 2015, the President signed into law the Bipartisan Budget Act of 2015 (the “Act”).  The Act had numerous provisions, none of which relate to tax except almost the very last provision which now provides new rules for auditing partnerships.  Under the Act, absent elections discussed below, all […] Read more »

IRS Disagrees with Tax Court on Partner Excluding Debt Cancellation Income

The IRS has recently announced a non-acquiescence in four Tax Court cases involving the cancellation of partnership indebtedness.  Generally, the discharge of indebtedness gives rise to gross income to the obligor.  However, Code Section 108 provides a number of exceptions.  Section 108(a)(1)(A) provides an exclusion if the cancellation of indebtedness […] Read more »