Treasury Secretary Scott Bessent is back under the microscope over his past use of a Medicare self‑employment tax loophole commonly claimed by hedge‑fund managers and other partnership owners. Senate Democrats have alleged since January that Bessent avoided roughly $900,000 in Medicare taxes by classifying himself as a limited partner of his own fund, Key Square Group—an approach the IRS has increasingly challenged in court. During his confirmation process, Bessent said he would pay any contested Medicare tax if ultimately owed, but the matter remains unresolved publicly and pressure has intensified again today. [1]
What’s new today (Nov. 12)
- Bessent is again in the spotlight this week as he fields questions on broader economic moves (from a proposed $2,000 “tariff dividend” to an Argentina swap line), prompting renewed attention to his still‑open tax controversy and earlier pledge. In coverage over the past 24–48 hours, Bessent suggested the “dividend” could come via tax changes rather than checks—putting his tax agenda back at center stage. [2]
- The context matters: Bessent is not only Treasury Secretary but has also served as acting IRS commissioner since August, heightening conflict‑of‑interest questions from critics who want clarity on his own tax posture while he shapes enforcement policy. [3]
The allegations, in plain English
- The loophole: Under section 1402(a)(13), limited partners can exclude their distributive share of partnership income from SECA (self‑employment) tax, which funds Medicare. The IRS, however, argues that active partners using the limited partner label still owe the tax. Courts have increasingly endorsed a “functional analysis”—looking at what a partner actually does, not just their title. [4]
- What Democrats say Bessent did: A Senate Finance staff memo alleged Bessent claimed “limited partner” treatment at Key Square while being actively involved, thereby skipping ~ $900,000 in Medicare tax across three years; they also flagged questionable losses from a publishing venture. [5]
- What Bessent has said: During his Jan. 16 confirmation process, Bessent indicated he would pay any contested Medicare tax if owed; he also has maintained he followed the law. (Democrats continued to press him in subsequent letters to pay and recuse from IRS personnel decisions tied to enforcement.) [6]
Why this matters now
- Bessent helps decide tax rules. As Treasury Secretary (and acting IRS chief in August), he is central to how the IRS interprets and enforces the very rules at issue. That’s why lawmakers demanded he resolve his own liabilities and recuse from relevant IRS decisions. [7]
- The legal winds are shifting. In Soroban Capital Partners v. Commissioner (2025), the Tax Court again sided with the IRS, finding that limited partners “in name only” who play essential, full‑time roles owe SECA tax—a case seen as a bellwether for hedge‑fund managers and similar partnerships. Appeals in multiple circuits could set nationwide guidance. [8]
- Public dollars at stake. ProPublica and tax‑policy experts estimate closing this and related pass‑through gaps could raise hundreds of billions over a decade for Medicare. That’s why the outcome is not just personal to Bessent—it’s fiscal policy. [9]
Timeline: From allegation to today
- Jan. 15, 2025 — Senate Democrats circulate a memo alleging Bessent avoided ~$900k in Medicare taxes and took other questionable deductions. [10]
- Jan. 16, 2025 — At his Senate hearing, Bessent indicates he would pay a contested Medicare tax if owed. The Senate later confirms him, 68–29; reporting at the time noted the outstanding Medicare‑tax dispute. [11]
- Apr. 3, 2025 — Sen. Elizabeth Warren urges Bessent to pay back taxes and recuse from IRS staffing decisions tied to enforcement. [12]
- May–Jun. 2025 — Soroban rulings reinforce the IRS’s functional analysis in limited‑partner cases, bolstering the government’s position. [13]
- Aug. 8, 2025 — After the White House removes IRS Commissioner Billy Long, Bessent becomes acting IRS commissioner, further intensifying scrutiny. [14]
- Nov. 11–12, 2025 — Bessent fields new questions about a tariff “dividend” idea and Argentina’s swap line as watchdogs and lawmakers re‑up calls for him to settle any unpaid Medicare tax. [15]
What each side argues
- Bessent & allies: He complied with the law as written; limited partner treatment has long been available under the Code; and the precise contours of SECA liability for LPs remain unsettled pending appellate rulings. [16]
- Critics: Labeling oneself a limited partner while running the business undermines Medicare’s funding and violates the purpose of the statute; courts increasingly agree substance trumps form. They want Bessent to make good on his pledge and serve as a clean‑hands example while directing tax policy. [17]
What to watch next
- Appeals in Soroban/Denham/Sirius‑type cases — Circuit decisions could harden or soften the functional analysis standard for limited partners, influencing whether many high‑income partners (including fund managers) owe SECA tax. [18]
- Treasury/IRS guidance — Any new regulations or enforcement directives on limited partner SECA and pass‑through compliance, now that Bessent leads Treasury and (recently) acted at IRS. [19]
- Congressional oversight — Expect more letters/hearings pressing Bessent to document whether he’s amended returns or paid any back taxes tied to the LP issue. [20]
Key numbers (explained)
- ~$900,000 — Alleged Medicare tax underpayment at issue for Bessent (2021–2023). [21]
- 2.9% + 0.9% — Standard Medicare SECA rate (plus the additional 0.9% on higher earners) that most active business owners must pay. [22]
- Hundreds of billions — Potential 10‑year revenue if major pass‑through Medicare‑tax gaps are closed, per investigative and policy analyses. [23]
The bottom line
Bessent’s January pledge to resolve any Medicare SECA liability remains central to the questions surrounding him today. With courts trending toward the IRS’s substance‑over‑form approach—and Bessent steering Treasury (and recently the IRS)—pressure is mounting for a definitive, transparent resolution that either confirms payment or clears him through adjudication. Until then, the debate over the limited partner loophole—and the example set by the nation’s top tax official—will remain a live story. [24]
References
1. rollcall.com, 2. abcnews.go.com, 3. www.reuters.com, 4. tax.thomsonreuters.com, 5. rollcall.com, 6. subscriber.politicopro.com, 7. www.reuters.com, 8. tax.thomsonreuters.com, 9. www.propublica.org, 10. www.politico.com, 11. subscriber.politicopro.com, 12. news.bloombergtax.com, 13. tax.thomsonreuters.com, 14. www.reuters.com, 15. abcnews.go.com, 16. news.bloombergtax.com, 17. rollcall.com, 18. www.crowe.com, 19. www.reuters.com, 20. news.bloombergtax.com, 21. www.politico.com, 22. rollcall.com, 23. www.propublica.org, 24. subscriber.politicopro.com
