Is an LLC’s or LP’s Tax Matters Partner a Beneficial Owner?
Question: Is a reporting company’s designated “partnership representative” or “tax matters partner” a beneficial owner?
Answer: It depends. A reporting company’s “partnership representative,” as defined in 26 U.S.C. 6223, or “tax matters partner,” as the term was previously defined, but has been repealed, is not automatically a beneficial owner of the reporting company. However, such an individual may qualify as a beneficial owner of the reporting company if the individual exercises substantial control over the reporting company, or owns or [. . .]