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Starting January 1, 2018, new partnership audit rules significantly changed IRS audit proceedings for LLCs and partnerships. Most partnerships need to amend their partnership and operating agreements to comply with these changes. However, many small partnerships can opt out of the new provisions by amending their agreements and making an annual election with their tax return, provided they meet specific criteria. To qualify for this opt-out, partnerships or LLCs must consist solely of certain member types, such as individuals, C corporations, or S corporations. Partnerships with trusts or tiered structures, involving multiple partnerships or LLCs, are ineligible to opt out of these new rules.