How Trump’s Pick to Run Medicare Used the “Limited Partner” Loophole to Avoid Paying Medicare Taxes
Talk about irony – Trump’s pick to lead the Centers for Medicare & Medicaid Services (CMS), Dr. Mehmet Oz, paid no Medicare taxes in 2023 and barely any in 2022.
On a recent episode of The Accounting Podcast, we dove into how Dr. Oz pulled this off using the “limited partner exemption” to self-employment taxes. Senate Finance Committee Democrats have flagged that he may have underpaid Social Security and Medicare taxes by approximately $440,000.
Here’s how this tax strategy works: Normally, self-employed individuals pay 15.3% in self-employment taxes – 12.4% for Social Security (capped at $168,600 in 2024) and 2.9-3.8% for Medicare (with no cap). For someone worth $100-300 million like Dr. Oz, that Medicare portion adds up quickly!
The Internal Revenue Code provides an exemption for “limited partners” – they don’t have to pay self-employment tax on their distributive share of partnership income. Dr. Oz classified himself as a limited partner of his LLC, Oz Property Holdings, to avoid these taxes.
The problem? The IRC doesn’t clearly define what a “limited partner” is. Also, the rule was created before LLCs and LLPs existed in the 1990s. Democrats argue Dr. Oz couldn’t have been a limited partner because he was actively involved in the company – he’s the brand, the face, the celebrity.
What’s fascinating is that this strategy would likely never have faced scrutiny if Dr. Oz hadn’t entered politics. How many others are doing this same thing? Probably lots. The IRS proposed regulations to clarify this in 1997 but never finalized them, leaving this gray area wide open.
The takeaway? The tax code has gray areas that create opportunities for those who can afford sophisticated tax planning. Whether you find it clever or concerning, it’s certainly ironic that someone who avoided Medicare taxes wants to run Medicare.
