New restrictions on partner’s employee benefits

Treas. Reg. § 301.7701-2T(c)(2)(iv)(C)(2), (TD 9766 May 4, 2016)  has an adverse impact on planning of employee benefit plans for partners including participation in qualified retirement plans, health and welfare plans, and fringe benefit plans. The bottom line is that partners are not common law employees when the partnership owns a disregarded entity like an LLC that is common in many small business structures.

I should probably update some on my earlier articles, especially those about uninsured health benefits but it might not be immediately practical to do so.


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