#partnerships
Partnership accounting, profit sharing, and financial management
Maine's 2% surtax on taxable income above $1 million ($1.5 million joint) took effect January 1, 2026, alongside a new pass-through entity tax election at 7.15% with a 90% refundable owner credit. Here's who owes the surtax, how the PTET election interacts with it, and why the two must be modeled together.
Alaska, Tennessee, Kentucky, Florida, and South Dakota let married couples in any state opt into community property treatment through a trust, so the entire asset — not just half — gets an IRC Section 1014(b)(6) basis step-up at the first spouse's death. What business owners should know about Section 754 elections, the one-year gift trap under Section 1014(e), and the unresolved IRS guidance.
Connecticut's Public Act 26-68, signed May 26, 2026, gives pass-through entities — LLCs, S corps, and partnerships with gross income under $70 million — a 6% R&D tax credit for the first time, refundable at 65% (90% for biotech), capped at $1.5 million per business and $25 million statewide, and claimed through a DECD voucher within 90 days of year-end.
Delaware HB 400, signed May 21, 2026, raises the flat annual tax on LLCs, LPs, and GPs from $300 to $400 and the registered-series tax from $75 to $100 — retroactive to January 1, 2026. Here's who owes it, when it's due, and how to budget for it.
USDA's final rule effective June 2, 2026 ends entity-level AGI testing for LLCs, S corporations, partnerships, and joint ventures — AGI is now tested per owner against the $900,000 limit, payment limits stack by actively engaged member, and paid labor counts toward eligibility. Entity certifications are due to FSA by September 15, 2026.
The Multistate Tax Commission's January 2026 white paper proposes a "blended" apportionment method that folds a partnership's sales, property, and payroll factors into each partner's own state tax calculation. Because states currently split between aggregate and entity sourcing theories, the same partnership dollar can be taxed twice — or not at all. Here's what multistate partnerships and multi-member LLCs should track now.
IRS Chief Counsel Advice CCA 202628009 (July 10, 2026) held that a demand-based deficit restoration obligation enforceable only by withholding future distributions is not unconditional, failing both the §1.704-1(b) economic-effect safe harbor and the §1.752-2(b) recourse-liability test — a fact pattern common in family LP boilerplate that can reallocate recourse debt and suspend previously deducted losses.
Georgia's HB 463 cuts the flat income tax rate from 5.19% to 4.99% for tax years starting January 1, 2026, with conditional annual cuts toward 3.99% — but the pass-through entity tax (PTET) rate stays at 5.75%, so S-corp and partnership owners who made the election should rerun the math against their SALT cap savings.
A 35-year-old is six times more likely to become disabled than to die before 65, yet most buy-sell agreements only plan for death. How disability buy-out (DBO) insurance funds a co-owner buyout — elimination periods, cross-purchase vs. entity redemption, and why premiums are nondeductible but proceeds are tax-free.
On April 6, 2026, the IRS opened its free Business Tax Account portal to partnerships, tax-exempt organizations, and government entities, letting a designated official view balances, download an EIN verification notice, and make payments online instead of mailing paper forms.
Roughly 54% of business partnerships dissolve within five years and about 70% of small business owners never signed a buy-sell agreement, leaving price, timeline, and process to be fought over from a blank page once partners can no longer agree.
For 2025 tax year returns filed in 2026, the IRS charges partnerships and S-corps $255 per partner or shareholder per month for late Forms 1065 and 1120-S, plus $330 per late Schedule K-1, while a new automatic relief program forgives first-time penalties for taxpayers with three years of clean compliance history.
