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 81010

Pros and Cons of Taxation as a Partnership in Zip Code 81010


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 CO Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 81010
Scott Law Offices
3801 E Florida Ave Ste 400
Denver, CO 80210
(303) 584-9943
Attorneys,  Bankruptcy Services,  Social Security & Disability Law Attorneys,  Administrative & Gove
Narschhausen Gary
1530 S Clarkson St
Denver, CO 80210
(303) 762-9677
Attorneys
Black James
2519 S Clayton St
Denver, CO 80210
(303) 832-9600
General Practice Attorneys, Attorneys
Durr, Paul R - Paul R Durr Pc
1777 S Harrison St # P309
Denver, CO 80210
(303) 691-9300
General Practice Attorneys, Attorneys
De Muro David R
3900 E Mexico Ave # 620
Denver, CO 80210
(303) 837-9200
Attorneys, General Practice Attorneys
Dunsing Fred A
1776 S Jackson St Suite 1107
Denver, CO 80210
(303) 758-8981
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans
Philip Smith Law
1776 S Jackson St
Denver, CO 80210
(303) 333-8900
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Timothy Leo
3801 E. Florida Ave. #400
Denver, CO 80210
(303) 638-8900
Criminal Law Attorneys, Immigration Law Attorneys, DUI & DWI Attorneys, General Practice Attorneys
Bisset Jennifer E
333 W Hampden Ave # 415
Englewood, CO 80110
(303) 894-8900
General Practice Attorneys, Attorneys, Legal Service Plans
Flesch Law
333 W Hampden Ave Suite 710
Englewood, CO 80110
(303) 806-8886
Attorneys
Flesch Law LLC
333 W Hampden Ave Ste 710
Englewood, CO 80110
(303) 806-8886
Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Accident & Property Damage Attorneys,  At
Schobe Jr L Scott
1776 S Jackson St # 1108
Denver, CO 80210
(303) 756-8882
Attorneys, Legal Service Plans
Loretta Burnett & Assoc
411 Lakewood Cir Suite B-109
Colorado Springs, CO 80910
(719) 425-8785
Attorneys, Civil Litigation & Trial Law Attorneys, Credit & Debt Counseling
Winter Robert H
3900 E Mexico Ave # 1300
Denver, CO 80210
(303) 293-8658
Attorneys, Legal Service Plans
Law and Mediation Office of Phyllis A. Roestenberg
1705 S Pearl St
Denver, CO 80210
(303) 955-8417
Arbitration & Mediation Attorneys, Attorneys
Christopher A. German
3801 E Florida Ave #400
Denver, CO 80210
(720) 675-8070
Business Bankruptcy Law Attorneys,  Bankruptcy Services,  Legal Service Plans,  Bankruptcy Law Attor
Lyden Cyndi L
1777 S Harrison St # 1250
Denver, CO 80210
(303) 333-7733
Attorneys
Tarbox Scott M
1777 S Harrison St # 1250
Denver, CO 80210
(303) 333-7733
Attorneys, General Practice Attorneys, Legal Service Plans
Natkin Contracting
2775 S Vallejo St
Englewood, CO 80110
(303) 783-7500
Attorneys
Fischer Robert
1221 S Clarkson St #210
Denver, CO 80210
(303) 290-7454
General Practice Attorneys, Attorneys, Leasing Service
Hoyt Wesley W
333 W Hampden Ave # 710
Englewood, CO 80110
(303) 819-7400
General Practice Attorneys, Attorneys
The Paul Wilkinson Law Firm LLC.
3900 E Mexico Ave Suite 600
Denver, CO 80210
(303) 333-7285
Attorneys,  Accident & Property Damage Attorneys,  Wrongful Death Attorneys,  Personal Injury Law At
Acker William F
2073 S Logan St
Denver, CO 80210
(303) 722-7209
Attorneys
Johnson Gary
3801 E Florida Ave Ste 400
Denver, CO 80210
(303) 757-6960
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US