
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 businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Author: Donald M. Pepe

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
Author: Jay McDaniel

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
Author: Donald M. Pepe

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
Author: Sean M. Pena

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]
Author: Scarinci Hollenbeck, LLC
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!