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all partnerships in most LLCs need to amend their partnership and operating agreements new partnership audit rules coming down the pike and taking effect on January 1st 2018 fundamentally changed the landscape of IRS proceedings for audits and enable them to do more audits now the good news is is that for many small partnerships they can amend their partnership agreement or LLCs can amend their operating agreement to affirmatively opt out of the provisions ahead of time this is an annual election that is made with the tax return but it is only available to partnerships meeting certain criteria in order for a partnership or LLC to opt out of the new partnership audit rules their membership must consist of only certain types of members including individuals see corpse or s corpse but if they have a trust or a tiered partnership structure where partnerships or LLCs are investing in other partnerships or LLCs theyre not eligible to opt out of the new rules so with that in mind there i
