
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.

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher

For many New Jersey businesses, growth is a primary objective for the New Year. However, it is important to recognize that growth involves both opportunity and risk. For example, business expansion often results in complex contracts, an increased workforce, new regulatory requirements, and heightened exposure to disputes. Without proactive planning, even routine growth can lead […]
Author: Ken Hollenbeck
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!