(5) Qualified pass through entity. The term definition

(5) Qualified pass through entity. The term  qualified pass through entity' means a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 and including a limited liability company that does not affirmatively elect to be treated as a corporation), an S corporation (as defined in section 1361 of such Code), or a joint venture.';