Owner Tax Guide: Partners and LLCs

How Group Health Insurance Is Taxed for Partners and LLC Members

A partner is not an employee of the partnership, so the partnership reports the premiums as guaranteed payments and the partner takes the self-employed health insurance deduction on the personal return. An LLC follows whichever set of rules matches the way it is taxed.

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How It Works

Three Steps for Partners

The Partnership Pays or Reimburses

The policy can be in the partnership’s name or the partner’s. If it is in the partner’s name and the partner pays, the partnership must reimburse the partner and report the amounts as guaranteed payments. Otherwise the plan is not considered established under the business.

The Premium Is a Guaranteed Payment

The partnership reports the premium to the partner as a guaranteed payment and generally deducts it as a business expense. See how employers deduct group health premiums.

The Partner Deducts It Personally

The partner takes the self-employed health insurance deduction on the personal return, using Form 7206. It can cover the partner, spouse, dependents and a child who is under age 27 at the end of the year.

What Has to Be True

Conditions for the Deduction

These come from the IRS instructions for Form 7206.

Net Earnings From the Partnership

The partner must have net earnings from self-employment from the partnership, shown on Schedule K-1, and the deduction cannot exceed them.

No Other Subsidized Plan

The deduction is lost for any month the partner or the partner’s spouse was eligible for an employer-subsidized plan, even without enrolling.

No Section 125 for Partners

Pre-tax payroll deduction through a cafeteria plan is for employees. A partner is not one, so the partner’s own premiums come through the personal deduction instead.

Put the Arrangement in Writing

Recording how the partnership pays or reimburses premiums, in the partnership agreement or in written minutes, makes the treatment easy to support.

If You Own an LLC

The Rules Follow the Tax Classification

An LLC is a state-law entity, not a tax category. The federal treatment depends on how the LLC is taxed.

Single-Member LLC

Taxed as a sole proprietorship by default. See the sole proprietor guide.

Multi-Member LLC

Taxed as a partnership by default, so the rules on this page apply to its members.

LLC Taxed as an S Corporation

An LLC can elect S corporation treatment. See the S corporation owner guide.

LLC Taxed as a C Corporation

An LLC can elect to be taxed as a corporation. See the C corporation owner guide.

Where Owners Get Caught

Common Problems for Partners

Paying Personally With No Reimbursement

A partner who pays a personal policy without partnership reimbursement and guaranteed payment reporting generally cannot claim the deduction.

Treating a Partner as an Employee

A partner generally cannot be a W-2 employee of their own partnership, so running a partner’s premium through payroll is a mislabel.

Expecting Self-Employment Tax Savings

The deduction reduces income tax. The guaranteed payment generally remains part of the partner’s self-employment earnings.

Common Questions

Partner and LLC Member Questions

Is a partner treated as an employee?

No. That is why the premium is reported as a guaranteed payment instead of through payroll. See how the exclusion works for employees.

Can the partnership buy a group plan?

Yes when it has covered employees who are not partners, and carrier rules apply. Partners generally take part as partners, not as employees.

What if I have a multi-member LLC?

By default it is taxed as a partnership, so this page applies to you unless the LLC elected corporate treatment.

Does it matter whose name is on the policy?

The policy can be in either name. If it is in yours and you pay, the partnership must reimburse you and report guaranteed payments.

Can I use a cafeteria plan?

Generally not as a partner. The partnership’s employees can, and your premiums come through the personal deduction.

Who should confirm my situation?

Your CPA. We can set up the plan and record the arrangement, and your CPA can confirm the K-1 and the return.

CFH are licensed insurance brokers, not tax advisors, and this page is general information rather than tax advice. Ownership, family relationships and how the business is taxed all change the result, so confirm your own treatment with your CPA. Our clients also have access to CPAs and attorneys through the firm.

Let’s Get to Work

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What to send

The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier

Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.

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