Bipartisan Budget Agreement Triggers New Audit Rules for Partnerships, Repeals ACA Automatic Enrollment

Jun 27, 2020

Introduction

Welcome to the Richardson Law Firm PC news section. In this article, we will explore the significant changes brought about by the bipartisan budget agreement. Specifically, we will discuss the new audit rules for partnerships and the repeal of ACA automatic enrollment. As a leading law firm specializing in law and government matters, Richardson Law Firm PC aims to provide comprehensive legal services to its clients.

New Audit Rules for Partnerships

The bipartisan budget agreement introduces new audit rules for partnerships, which have significant implications for tax compliance and enforcement. Under the previous regime, individual partners were responsible for reporting and paying any tax deficiencies resulting from audits individually. However, the new rules shift the burden to the partnership entity itself. This means that the partnership will be liable for any underpayment of taxes assessed during an audit, rather than the individual partners.

The objective behind this change is to streamline the audit process and improve tax collection by centralizing the assessment and collection of additional taxes at the partnership level. This shift can simplify the auditing process for the Internal Revenue Service (IRS) and ensure consistent enforcement of tax laws.

Implications for Partnerships

Partnerships need to be aware of the new audit rules and take necessary steps to comply with the requirements. It is crucial to consider the following implications:

1. Partnership Representative

The new rules require partnerships to appoint a Partnership Representative (PR) to interact with the IRS during an audit. The PR has the authority to make decisions on behalf of the partnership and binds all partners, making it a crucial role. It is essential to select a PR who possesses the necessary expertise and can efficiently manage tax matters on behalf of the partnership.

2. Amending Partnership Agreements

Partnerships should review and amend their existing partnership agreements to address the new audit rules. Provisions related to tax matters, the selection and role of the PR, and the allocation of tax liabilities and penalties should be carefully revised to ensure compliance and protect the interests of the partners.

3. Electing Out

Eligible partnerships may choose to elect out of the centralized partnership audit regime. This election should be made annually on the partnership's tax return and requires the provision of specific information. While electing out may alleviate certain administrative burdens, partnerships need to weigh the pros and cons based on their unique circumstances and seek legal advice to make an informed decision.

Repeal of ACA Automatic Enrollment

Another significant change brought about by the bipartisan budget agreement is the repeal of the Affordable Care Act (ACA) automatic enrollment requirement. The ACA initially aimed to encourage employer-sponsored health coverage by automatically enrolling employees. However, this provision faced its fair share of challenges and opposition, leading to its repeal.

Employers will no longer be required to automatically enroll employees into health insurance plans. This change grants employers more flexibility in offering insurance coverage and allows employees to make their own informed decisions regarding healthcare coverage.

Conclusion

The bipartisan budget agreement triggers new audit rules for partnerships, shifting the burden of tax deficiencies to the partnership entity. It also repeals the ACA automatic enrollment requirement, providing greater choice and flexibility for employers and employees in healthcare coverage. Richardson Law Firm PC is committed to assisting partnerships and businesses in navigating these changes and providing comprehensive legal services in the realm of law and government.

Anne Nolon
Great article! The bipartisan budget agreement is bringing important changes, like new audit rules for partnerships. Exciting times ahead! ???
Nov 8, 2023