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26 U.S.C. § 6223 — Partners bound by actions of partnership
Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of partnership representative** Each partnership shall designate (in the manner prescribed by the Secretary) a partner (or other person) with a substantial presence in the United States as the partnership representative who shall have the sole authority to act on behalf of the partnership under this subchapter. In any case in which such a designation is not in effect, the Secretary may select any person as the partnership representative.
**(b) Binding effect** A partnership and all partners of such partnership shall be bound—
(1) by actions taken under this subchapter by the partnership, and
(2) by any final decision in a proceeding brought under this subchapter with respect to the partnership.
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Source location: Title 26, Chapter 63, § 6223; chapter-063-assessment.md
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**(a) Designation of partnership representative** Each partnership shall designate (in the manner prescribed by the Secretary) a partner (or other person) with a substantial presence in the United States as the partnership representative who shall have the sole authority to act on behalf of the partnership under this subchapter. In any case in which such a designation is not in effect, the Secretary may select any person as the partnership representative.
**(b) Binding effect** A partnership and all partners of such partnership shall be bound—
(1) by actions taken under this subchapter by the partnership, and
(2) by any final decision in a proceeding brought under this subchapter with respect to the partnership.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any adjustment to a partnership-related item shall be determined, and any tax attributable thereto shall be assessed and collected, and the applicability of any penalty, addition to tax, or additional amount which relates to an adjustment to any such item shall be determined, at the partnership level, except to the extent otherwise provided in this subchapter.
**(b) Election out for certain partnerships with 100 or fewer partners, etc.**
(1) **In general** — This subchapter shall not apply with respect to any partnership for any taxable year if—
(A) the partnership elects the application of this subsection for such taxable year,
(B) for such taxable year the partnership is required to furnish 100 or fewer statements under section 6031(b) with respect to its partners,
(C) each of the partners of such partnership is an individual, a C corporation, any foreign entity that would be treated as a C corporation were it domestic, an S corporation, or an estate of a deceased partner,
(D) the election—
(i) is made with a timely filed return for such taxable year, and
(ii) includes (in the manner prescribed by the Secretary) a disclosure of the name and taxpayer identification number of each partner of such partnership, and
(E) the partnership notifies each such partner of such election in the manner prescribed by the Secretary.
(2) **Special rules relating to certain partners**
(A) *S corporation partners* — In the case of a partner that is an S corporation—
(i) the partnership shall only be treated as meeting the requirements of paragraph (1)(C) with respect to such partner if such partnership includes (in the manner prescribed by the Secretary) a disclosure of the name and taxpayer identification number of each person with
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Federal law — U.S. Code and appendices · legal_authorities
Page 3535
TITLE 26—INTERNAL REVENUE CODE
§ 6223
shall be determined, at the partnership level pursuant
to this subchapter.’’
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–141 effective as if included
in section 1101 of Pub. L. 114–74, see section 207 of Pub.
L. 115–141, set out as a note under section 6031 of this
title.
EFFECTIVE DATE
Pub. L. 114–74, title XI, § 1101(g), Nov. 2, 2015, 129 Stat.
638, provided that:
‘‘(1) IN
GENERAL.—Except as otherwise provided in
this subsection, the amendments made by this section
[enacting this subchapter, amending sections 6031, 6330,
6422, 6501, 6503, 6504, 6511, 6512, 6515, 6601, 7421, 7422, 7459,
7482, and 7485 of this title, and repealing this sub-
chapter, subchapter D of this chapter, and part IV of
subchapter K of chapter 1 of this title] shall apply to
returns filed for partnership taxable years beginning
after December 31, 2017.
‘‘(2) ADMINISTRATIVE ADJUSTMENT REQUESTS.—In the
case of [an] administrative adjustment request under
section 6227 of such Code [Internal Revenue Code of
1986], the amendments made by this section shall apply
to requests with respect to returns filed for partnership
taxable years beginning after December 31, 2017.
‘‘(3) ADJUSTED PARTNERS STATEMENTS.—In the case of
a partnership electing the application of section 6226 of
such Code, the amendments made by this section shall
apply to elections with respect to returns filed for part-
nership taxable years beginning after December 31,
2017.
‘‘(4) ELECTION.—A partnership may elect (at such
time and in such form and manner as the Secretary of
the Treasury may prescribe) for the amendments made
by this section (other than the election under section
6221(b) of such Code (a
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 6223
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