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 32513

Pros and Cons of Taxation as a Partnership in Zip Code 32513


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 FL Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 32513
Izquierdo Alexis Atty
102 E 49th St
Hialeah, FL 33013
(305) 826-9994
General Practice Attorneys, Attorneys
Sponsler Bennett Jacobs & Adams
336 W Highland Dr
Lakeland, FL 33813
(863) 644-9911
Corporation & Partnership Law Attorneys, Attorneys, Employee Benefits & Worker Compensation Attorney
Nicklaus Edward R
5130 S Florida Ave
Lakeland, FL 33813
(863) 644-9888
Attorneys Referral & Information Service, Attorneys
Accident Law Group
2655 E 8th Ave
Hialeah, FL 33013
(305) 446-9702
Employee Benefits & Worker Compensation Attorneys, Attorneys
Document Express
6289 W Sunrise Blvd # 120
Plantation, FL 33313
(954) 581-9660
Paralegals, Legal Forms, Bankruptcy Services
Bizlaw
2350 34th St N
Saint Petersburg, FL 33713
(727) 322-9400
Corporation & Partnership Law Attorneys, Attorneys
Brooks Law Group
625 Commerce Dr Ste 203
Lakeland, FL 33813
(863) 937-9219
Social Security & Disability Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Lega
Richards Liz
2501 1st Ave N
Saint Petersburg, FL 33713
(727) 323-9200
Family Law Attorneys, Attorneys, General Practice Attorneys
Stein Law Office
6436 W Oakland Park Blvd
Sunrise, FL 33313
(954) 975-9100
Attorneys,  Family Law Attorneys,  Adoption Law Attorneys,  Bankruptcy Law Attorneys
Barker Brian L
2600 1st Ave N
Saint Petersburg, FL 33713
(727) 328-9000
Civil Litigation & Trial Law Attorneys, Attorneys
Derrick Bennett
15238 Front Beach Rd
Panama City Beach, FL 32413
(850) 588-8909
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys
Janelle Woods Legal Documents
156 S Charles Richard Beall Blvd
Debary, FL 32713
(386) 337-8896
Paralegals
Anderson Donald C Jr
2101 5th Ave N
Saint Petersburg, FL 33713
(727) 323-8886
Social Security & Disability Law Attorneys, Attorneys, Legal Service Plans
Leeper Silvia J
2532 5th Ave N
Saint Petersburg, FL 33713
(727) 328-8788
Civil Litigation & Trial Law Attorneys,  Attorneys,  Family Law Attorneys,  Accident & Property Dama
Oxendine & Oxendine PA
14428 Bruce B Downs Blvd
Tampa, FL 33613
(813) 632-8786
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Work Michael L
5582 E 4th Ave
Hialeah, FL 33013
(305) 757-8688
Immigration Law Attorneys
Abeles & Associates
5 W Highbanks Rd
Debary, FL 32713
(386) 668-8511
Attorneys, Arbitration Services, Real Estate Attorneys
Diaz Shafer PA
2101 5th Ave N
Saint Petersburg, FL 33713
(727) 895-8500
Immigration Law Attorneys, Attorneys
Borgia Eric
9628 Blue Stone Cir
Fort Myers, FL 33913
(239) 689-8344
Real Estate Attorneys, Attorneys
International Immigration Assistance
6289 W Sunrise Blvd
Plantation, FL 33313
(954) 585-8283
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
Edwards Stephaniie
2510 1st Ave N
Saint Petersburg, FL 33713
(727) 209-8282
Elder Law Attorneys, Attorneys
Arturo M Rios PA
2929 5th Ave N
Saint Petersburg, FL 33713
(727) 321-8151
Immigration Law Attorneys, Attorneys, Immigration & Naturalization Consultants
Harris & Helwig PA
6700 S Florida Ave
Lakeland, FL 33813
(888) 288-8078
Social Security & Disability Law Attorneys, Attorneys, Criminal Law Attorneys, Labor & Employment La
AMA Immigration Svc
6299 W Sunrise Blvd # 208
Plantation, FL 33313
(954) 584-8045
Attorneys, Process Servers, Immigration Law Attorneys, Immigration & Naturalization Consultants
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US