7 Tips For Selecting A Partnership Representative For Your S Corp

As an S corporation, your LLC is a common entity structure for small businesses. It provides the benefits of limited liability while allowing for pass-through taxation. However, recently the IRS has implemented new regulations for partnerships, including S corporations, that require the appointment of a partnership representative. This role has replaced the previous role of the tax matters partner (TMP) and has more authority.

The partnership representative is designated to represent the LLC in IRS audits, inquiries and other proceedings. This person will have significant power and decision-making authority, so it’s important to choose someone who is knowledgeable and reliable. This article will guide you through the process of selecting a partnership representative for your S corporation.

Firstly, review your LLC’s operating agreement to determine who is authorized to appoint a partnership representative. If the agreement is silent on the matter, then the existing members can appoint one. Next, consider the individual’s qualification and expertise. A partnership representative should have a good understanding of tax laws and be able to make informed decisions on behalf of the LLC.

Another important consideration is their availability and willingness to take on the role. They should be someone who is reliable and will be able to fulfill their duties when the time comes. Finally, ensure that the individual is not disqualified under IRS regulations from serving as a partnership representative.

Selecting a partnership representative can seem like a daunting task, but with careful consideration and due diligence, you can find the right person to represent your S corporation in legal matters.

Qualifications Of Partnership Representative

In the context of an S corporation, if the business entity has elected to have a partnership representative, then the qualifications of the partnership representative will play a crucial role. A partnership representative is an individual or entity appointed by the S corporation to act on behalf of the entity in all matters related to the partnership audit procedures.

The qualification of a partnership representative involves understanding the partnership tax audit process and being able to work with the Internal Revenue Service (IRS) in resolving tax matters related to the business. The partnership representative must also have a trusted relationship with the S corporation and possess the power to bind the entity in tax related decisions. Additionally, the partnership representative must be able to communicate effectively with the IRS and have a comprehensive understanding of the S corporation’s tax returns.

If the S corporation has not elected a partnership representative, there is no legal requirement to have one. However, if the S corporation undergoes an audit or examination by the IRS, the entity will need to appoint a representative at the time of the audit. Therefore, it may be beneficial for an S corporation to have a partnership representative in place in advance to avoid potential delays or challenges during an audit procedure.

Financial Expertise

Financial expertise is crucial for the success of any business. It is important to have a deep understanding of financial matters in order to make sound decisions and navigate complex financial situations.

Regarding the question of whether an LLC, which is structured as an S Corporation, needs a partnership representative, the answer is yes. The new partnership audit rules under the Bipartisan Budget Act of 2015 require that partnerships designate a partnership representative who will serve as the point of contact between the IRS and the partnership. This representative should have a good understanding of the tax laws and be able to effectively communicate with the IRS on behalf of the partnership.

It is important for the partnership representative to have a good grasp of the financial matters of the S corporation so that they can assist the partnership in responding to IRS audits and resolving disputes with the government. Additionally, the partnership representative may need to oversee and coordinate the efforts of the partnership’s tax and legal advisors in order to achieve a successful outcome for the S corporation.

In conclusion, financial expertise is important for any business, including LLCs that function as S corporations. A partnership representative with a deep understanding of the tax laws and financial matters can be invaluable in navigating complex tax situations and ensuring the success of the S corporation.

Legal Knowledge

As per the IRS rules, an LLC can elect to be taxed as an S Corporation. In the case of an S Corporation, it is mandatory to appoint a Partnership Representative. The Partnership Representative serves as the point of contact between the LLC and the IRS, responsible for receiving all tax-related notices and taking decisions on behalf of the LLC in case of any disputes or issues that may arise during the tax audit.

The Partnership Representative plays a crucial role in ensuring compliance with tax regulations and representing the LLC’s interests in case of any legal issues. They are responsible for managing the LLC’s tax affairs and representing the LLC’s interests during audits, appeals, and even in court proceedings.

In conclusion, if an LLC chooses to be taxed as an S Corporation, it is mandatory to appoint a Partnership Representative. The Partnership Representative is a crucial part of the LLC’s compliance with tax laws and regulations, ensuring that the LLC meets all its legal obligations and avoids any legal disputes with the IRS.


In the context of an S Corp LLC, the availability of a partnership representative is dependent on the state in which the company is located. Under the Bipartisan Budget Act of 2015, S Corp LLCs are required to designate a partnership representative (PR). The PR is responsible for representing the company in IRS audits and making decisions on behalf of the company during an audit.

The availability of a partnership representative is essential as it ensures that the company can respond promptly to audit requests from the IRS. The PR acts as an intermediary between the IRS and the LLC during an audit. The PR must be available throughout the audit process, from the initial request for documentation to the final resolution of the audit.

If an S Corp LLC does not have a designated partnership representative, the company will be at a disadvantage during an audit. The IRS may appoint an individual as a PR for the LLC, which may result in conflicts of interest and make the audit process more complicated.

In conclusion, the availability of a partnership representative is essential for an S Corp LLC. It ensures that the company can respond promptly to audit requests from the IRS and navigate the audit process effectively. It is recommended that companies designate a partnership representative to avoid the potential for conflict and ensure they comply with legal requirements.

Professional Network

A professional network refers to a group of professionals who are interconnected through mutual relationships and connections. A professional network can be useful for entrepreneurs and business owners, as it allows them to establish valuable partnerships and collaborations that can benefit their businesses.

Now, to answer the specific question of whether an LLC that is an S Corp needs a partnership representative, the short answer is yes. Under the new partnership audit rules that were introduced in 2018, partnerships, including LLCs taxed as S Corps, are required to designate a partnership representative.

The primary role of the partnership representative is to act as a liaison between the partnership and the IRS during an audit. The representative has the authority to make decisions on behalf of the partnership and can bind other partners to the audit results.

Having a partnership representative is crucial for LLCs that are S Corps as it ensures that there is a designated point of contact for IRS communication and that the audit process runs smoothly. It is recommended that LLCs designate a partnership representative as soon as possible to avoid any potential issues during an audit. By establishing a professional network and connecting with other professionals, business owners can also gain insight on this matter and receive guidance on how to navigate the new partnership audit rules.

Proactive Personality

Proactive personality refers to the trait of being self-initiating and taking personal responsibility for various tasks and situations. In the context of a partnership representative for an S corporation LLC, having a proactive personality may be beneficial. Generally, a partnership representative is appointed to represent an LLC in tax audits or other legal matters. However, depending on the size of the LLC and the complexity of its operations, having a proactive personality might enable an individual to fulfill these responsibilities themselves. With a proactive approach, an individual can stay up-to-date with tax laws, file returns in advance, and take measures to prevent audits or legal issues. Additionally, a proactive personality might be able to build relationships with tax authorities and address any inquiries that may arise. However, it is important to note that appointing a dedicated partnership representative as required by law can offer several benefits, such as specialized knowledge, legal protections, and freeing up time for other business operations. Ultimately, the decision to appoint a partnership representative or take on these responsibilities oneself depends on the individual’s abilities, the size and complexity of the LLC, and the potential risks and benefits.

Additional Comments

In conclusion, if your LLC has opted for S corporation taxation, it is important to have a designated Partnership Representative. The PR acts as a liaison between the IRS and the S corporation, and is responsible for managing all tax-related matters, including audits and disputes. Failure to have a designated PR may result in penalties and other legal consequences.

As an LLC owner, it is important to consider the potential risks and advantages of having a Partnership Representative. The PR must be an individual who is authorized to act on behalf of the company, and must be capable of representing the company’s interests in legal and tax-related matters. Additionally, the PR must have a thorough understanding of tax laws and regulations, and must be able to effectively communicate with the IRS on behalf of the S corporation.

Having a designated Partnership Representative can offer several advantages to an LLC that has opted for S corporation taxation. The PR can assist with the preparation and submission of tax returns, and can help to ensure that the company complies with all applicable tax laws and regulations. Additionally, the PR can provide valuable advice and guidance on tax-related matters, and can help to resolve any disputes or issues that may arise with the IRS.

Ultimately, the decision to hire a Partnership Representative for your S corporation LLC will depend on your specific needs and circumstances. However, it is strongly recommended that you consider the potential benefits and risks of having a PR, and consult with a tax professional or attorney to determine the best course of action for your business.