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 Naco, AZ

Pros and Cons of Taxation as a Partnership in Naco, AZ


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 AZ Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Naco, AZ
Taubman & Associates
7220 N 16th St Suite J
Phoenix, AZ 85020
(602) 266-9552
Attorneys, Family Law Attorneys
Firetag Law Firm
1747 E Morten Ave # 107
Phoenix, AZ 85020
(602) 279-9411
Attorneys
Levine Jack
7501 N 16th St # 200
Phoenix, AZ 85020
(602) 395-9000
Attorneys, General Practice Attorneys
Firestein Charles L
7227 N 16th St # 124
Phoenix, AZ 85020
(602) 235-9000
Attorneys, Legal Service Plans
Action Financial 2
9812 N 7th St # 6
Phoenix, AZ 85020
(602) 493-8630
Attorneys, Legal Service Plans
Bill Bishop Attorney
7210 N 16th St
Phoenix, AZ 85020
(602) 749-8500
Child Support Collections, Child Custody Attorneys, Divorce Attorneys, Domestic Violence Attorneys,
John Barron Barron & Polk
7310 N 16th St Suite 330
Phoenix, AZ 85020
(602) 252-8100
Estate Planning Attorneys, Attorneys
Parascandola Law Office
340 E Dunlap Ave
Phoenix, AZ 85020
(602) 943-7239
Attorneys, General Practice Attorneys
Morse Judith A
7220 N 16th St # D
Phoenix, AZ 85020
(602) 277-6900
Attorneys, Legal Service Plans
Bishop & Martin Law Office, P.C.
7210 N 16th St
Phoenix, AZ 85020
(602) 903-6790
Family Law Attorneys,  Domestic Violence Attorneys,  Child Custody Attorneys,  Attorneys,  Divorce A
Krumwiede Law P
7501 N 16th St
Phoenix, AZ 85020
(602) 237-6444
Attorneys,  Labor & Employment Law Attorneys,  Personal Injury Law Attorneys,  Corporation & Partner
Criminal Attorney John W. Moore
7321 N. 16th St
Phoenix, AZ 85020
(602) 254-6044
Criminal Law Attorneys, Domestic Violence Attorneys, Drug Charges Attorneys, DUI & DWI Attorneys, Se
Benham James
7321 N 16th St
Phoenix, AZ 85020
(602) 254-6044
Attorneys
A H Anderson
1722 W Renaissance Ave
Apache Junction, AZ 85120
(480) 983-5144
Paralegals
Viles Law Offices
536 E Dunlap Ave # 11
Phoenix, AZ 85020
(480) 451-4344
Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Legal Service Plans,  Litigation & Tort Attor
Mc Nemar, Troy - Mc Nemar Law Office
1747 E Morten Ave
Phoenix, AZ 85020
(602) 265-3971
Attorneys,  General Practice Attorneys,  Legal Service Plans,  Estate Planning Attorneys
Mignella Mark R
7007 N 18th St
Phoenix, AZ 85020
(602) 385-3785
Attorneys, Legal Service Plans
Porter Law Firm
7243 N 16th St
Phoenix, AZ 85020
(602) 468-3540
General Practice Attorneys, Attorneys
Krumweide Law Offices PLLC
7501 N 16th St Suite 200
Phoenix, AZ 85020
(866) 386-2881
General Practice Attorneys,  Attorneys,  Family Law Attorneys,  Legal Clinics
Criminal Attorney Larry G. Ruch
7321 N 16th St
Phoenix, AZ 85020
(602) 274-2825
Criminal Law Attorneys, Attorneys
Gregan Law Offices
320 W Superstition Blvd # 110
Apache Junction, AZ 85120
(480) 982-2754
Attorneys, General Practice Attorneys, Legal Service Plans
Bakker Thomas G
7243 N 16th St
Phoenix, AZ 85020
(602) 861-2705
Attorneys
Jantsch Daniel P
7243 N 16th St
Phoenix, AZ 85020
(602) 861-2705
Attorneys
Olson Duane A
7243 N 16th St
Phoenix, AZ 85020
(602) 861-2705
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US