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A federal appeals court ruled that limited partners with limited liability qualify for a tax break, regardless of their role in the partnership.
On January 16, 2026, the U.S. Court of Appeals for the Fifth Circuit ruled that limited partners with limited liability under state law qualify for the self-employment tax exclusion under IRC Section 1402(a)(13), regardless of their involvement in the partnership.
The decision overturns previous IRS and Tax Court positions that required limited partners to be passive investors, holding instead that limited liability alone determines eligibility.
The ruling applies to partnerships in Texas, Louisiana, and Mississippi, providing clarity and potential tax savings, but does not affect other circuits where stricter standards remain in place.
The IRS may seek rehearing by March 2, 2026, and related appeals are pending in other circuits.
Un tribunal federal de apelaciones dictaminó que los socios limitados con responsabilidad limitada califican para una exención de impuestos, independientemente de su papel en la asociación.