12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
 
FINANCIAL & MARITAL

Cohabitation Agreement coming soon!
Separation Agreement coming soon!
No-Fault Divorce coming soon!
Bankruptcy coming soon!
 
 

Pros and Cons of Taxation as a Partnership in Zip Code 68506

Pros and Cons of Taxation as a Partnership in Zip Code 68506


If we are together nothing is impossible. If we are divided all will fail.
 
- Winston Churchill


A Partnership has unique taxation issues such as "distributive share", "special allocation", and "substantial economic effect".

How Partnership Income is Taxed

The IRS does not consider partnership to be separate from the owners when it comes to tax purposes, rather, they are considered "pass through" tax entities. All profits and losses "pass through" to the partners who pay taxes on their share of the profits through their individual income tax return. This sharing of profits is usually set out in a written partnership agreement.

Filing Tax Returns

A partnership does not pay income tax but they do need to file Form 1065 with the IRS. This form is reviewed by the IRS to check whether the reported income is correct. A Schedule K-1 that breaks down the share of the business profits and losses for each partner to be applied to the Form 1040 (income tax return) with an attached Schedule E should be provided by each partner to IRS.

Estimating and Paying Taxes

Each partner should be responsible to set aside enough money to cover the taxes due from the annual share of profits. The partners should approximate the amount of tax they owe for the year to be paid to the IRS or other appropriate state tax agency in the months of April, July, October, and January.

Profits are Taxed whether Partners Receive them or Not

"Distributed share" is the portion of the profits stated upon in the Partnership agreement in which each partner is entitled to have. The IRS requires that these profits be taxed. The distributed share given allocated to the partner in a given year is treated by the IRS as income regardless of how much money was actually withdraw from the business (vs. retained for reinvestment). This will mean that each partners rightful share of revenue minus expenses will be the amount to include in the income tax return, regardless of cash disbursements.

How Distributed Share is Established

The state law allocates the profits and losses to the partners according to their ownership interest in the business. This is usually followed unless there is written partnership agreement. If one partner has a 40 percent share in the partnership and the other has 60 percent, each of them will be entitled to the corresponding percentage of both profits and losses.

Estimated Tax Payments and Self-Employment Taxes

There is no tax withholding on distributions to partners, so they need to estimate the amount they will owe. The IRS also demands that estimated tax payments be made quarterly, using either the regular installment method or the annualized income installment method. The regular installment method works by dividing your total amount of estimated payments for the year by four, which is the simplest approach to use.

If you are an active participant in running the Partnership business, aside from the income taxes, you are required by the IRS to pay "self-employment taxes" on the profits allocated to you. This self-employment tax covers your share of the Social Security contributions and Medicare programs.

The self-employment taxes differ between non-owner employees and partners. Employees only pay half, the other half is paid by the employer. Partners have to pay twice as much as regular employees because they have to pay both the employee and employer share of the taxes. Partners, however can deduct half of the self-employment contribution from their taxable income to help lower their taxes. This self-employment tax will be reported using a Schedule SE which is attached to their annual income tax return.

Expenses and Deductions

With all the taxes that have to be paid by partners you might wonder how to make the economics work. You and your partners can deduct legitimate business expenses from your business income. This can help reduce the profits that you will report to the IRS. These deductions include operating expenses, start-up costs, and product advertising expenditure. You may be able to deduct portions of your car and home that are used for business purposes.

Incorporating Your Business May Cut Your Tax Bill

A corporation pays its own taxes on all the corporate profits left in the business, unlike the Partnership. The corporate owners pay only taxes on the money they receive as dividends or as compensation for the services they have rendered on the company that includes the salaries and bonuses. Incorporating your business can offer certain tax advantages over the partnerships' "pass through" taxation.

Keeping the profits or retained earnings the business can lower the corporate tax rates. If you decide to retain a certain amount of profit in the business at the end of the year, this retained profit will only be taxed 15 percent corporate rate as compared to individual tax rates of 25 percent. Incorporating can make a difference in reducing taxes.

 
Personalize & Print a Free NE Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 68506
Pepperl & Mc Mahon-Boies
4547 Calvert St
Lincoln, NE 68506
(402) 489-9321
Attorneys, Real Estate Attorneys, Legal Service Plans
Weigel Robert A
2300 S 48th St # 1
Lincoln, NE 68506
(402) 484-8484
Attorneys, Real Estate Buyer Brokers
Flynn Stephanie
1517 S Cotner Blvd
Lincoln, NE 68506
(402) 325-8469
Attorneys
Tanner Gina
4747 Pioneers Blvd
Lincoln, NE 68506
(402) 484-8196
Attorneys
Siglar Law Office
6700 Sumner St
Lincoln, NE 68506
(402) 435-8181
Attorneys, General Practice Attorneys
Eurek Allan J
3901 Normal Blvd # 203
Lincoln, NE 68506
(402) 477-7500
Attorneys, Probate Law Attorneys, Wills, Trusts & Estate Planning Attorneys
Kammer Sarah E Atty
3901 Normal Blvd Ste 203
Lincoln, NE 68506
(402) 477-7500
Attorneys
Scott Marcia J
4732 Prescott Ave
Lincoln, NE 68506
(402) 488-6777
Attorneys, Legal Service Plans
Gerch Terry J PC
1919 S 40th St Ste 113
Lincoln, NE 68506
(402) 489-6587
Attorneys
Delair & Delair
1500 S 70th St Ste 102
Lincoln, NE 68506
(402) 483-6556
Attorneys, Bankruptcy Law Attorneys, Credit & Debt Counseling
Binning John H Atty
1512 Skyline Dr
Lincoln, NE 68506
(402) 488-5691
Attorneys
Barber & Barber
2936 S 33rd St
Lincoln, NE 68506
(402) 434-5429
Attorneys
Spencer Richard K
1821 Devonshire Dr
Lincoln, NE 68506
(402) 488-5214
Attorneys, Legal Service Plans
Morris & Titus Law Firm PC LLO
4645 Normal Blvd Ste 272
Lincoln, NE 68506
(402) 434-5200
Attorneys,  Accident & Property Damage Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Pers
Vanderford Christine
2320 S 48th St # 101
Lincoln, NE 68506
(402) 421-4646
Attorneys
Kirk & Mikolajczyk Law Offices
4702 Prescott Ave Suite B
Lincoln, NE 68506
(402) 261-4527
Arbitration & Mediation Attorneys, Attorneys
Ahl Stephan L Atty
6701 Rexford Dr
Lincoln, NE 68506
(402) 489-4449
Attorneys
Lewis William H.
4535 Normal Blvd Ste 262
Lincoln, NE 68506
(402) 467-3617
Attorneys
Thomas Mariclare Attorney
2820 S 42nd St
Lincoln, NE 68506
(402) 483-2920
Attorneys
Froeschl Nicholas M
6721 Everett St
Lincoln, NE 68506
(402) 202-2388
Attorneys, Legal Service Plans
Inkelaar Thomas T
4230 S 33rd St Ste 103
Lincoln, NE 68506
(402) 488-2251
Attorneys, Criminal Law Attorneys
Slattery Alan D Atty
3600 Hillside Cir
Lincoln, NE 68506
(402) 488-1455
Attorneys
Friedman Law Offices
3800 Normal Blvd Ste 200
Lincoln, NE 68506
(402) 476-1093
Automobile Accident Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Personal Injury L
Coffey Greg
3800 Normal Blvd # 200
Lincoln, NE 68506
(402) 476-1093
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US