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 34471

Pros and Cons of Taxation as a Partnership in Zip Code 34471


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 34471
Clayton K. Ellis
2410 SE 36th Ave
Ocala, FL 34471
(352) 274-9871
Litigation & Tort Attorneys,  Attorneys,  Social Security & Disability Law Attorneys,  Accident & Pr
Christopher K. Welch, Attorney
300 SE 1st Ave
Ocala, FL 34471
(352) 274-9843
Litigation & Tort Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law
C J Henry Law Firm PLLC
2303 E Fort King St
Ocala, FL 34471
(352) 274-9804
Personal Injury Law Attorneys,  Insurance Attorneys,  Attorneys,  Social Security & Disability Law A
Welch John F
916 E Fort King St
Ocala, FL 34471
(352) 732-9800
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  L
Hill David E
2537 SE 17th St
Ocala, FL 34471
(352) 690-9766
Attorneys,  Accident & Property Damage Attorneys,  Corporation & Partnership Law Attorneys,  Legal S
Barbarette & Quirk
319 SE Broadway St
Ocala, FL 34471
(352) 274-9761
Litigation & Tort Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law
Charlie Tucker Attorney
300 SE 1st Ave
Ocala, FL 34471
(352) 274-9700
Litigation & Tort Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law
Forman Hanratty Thomas & Montgomery
1323 SE 3rd Ave
Ocala, FL 34471
(954) 522-9441
Attorneys, Real Estate Attorneys
Argo, B Wayne Argo Wayne PA
942 SE 17th St
Ocala, FL 34471
(352) 732-8895
Attorneys,  Business Law Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,  Litigatio
Rothstein Paul S
151 SE 8th St
Ocala, FL 34471
(352) 351-8582
Attorneys,  Accident & Property Damage Attorneys,  Civil Litigation & Trial Law Attorneys,  Legal Se
P. Bobby Rumalla, PA
2537 SE 17th St
Ocala, FL 34471
(352) 229-8332
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Malpractice Law Attorney
Thompson Kelly Ann
200 SE 17th St # D
Ocala, FL 34471
(352) 351-8107
Attorneys, Family Law Attorneys, Legal Service Plans, Divorce Attorneys
Futch R William
610 SE 17th St
Ocala, FL 34471
(352) 732-8080
General Practice Attorneys, Attorneys, Legal Service Plans
Reich James T
303 SW 8th St # 2
Ocala, FL 34471
(352) 351-8030
Attorneys, Legal Service Plans
Jeremy T. Powers, P.A.
808 East Fort King Street
Ocala, FL 34471
(352) 401-7976
Civil Litigation & Trial Law Attorneys,  Criminal Law Attorneys,  Personal Injury Law Attorneys,  At
Jeremy T. Powers, P.A.
808 East Fort King Street
Ocala, FL 34471
(352) 401-7976
Civil Litigation & Trial Law Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Personal Injury
Gilligan King Gooding
1531 SE 36th Ave
Ocala, FL 34471
(352) 867-7707
Attorneys,  Tax Attorneys,  Real Estate Attorneys,  Environment & Natural Resources Law Attorneys,  
Hancock Melissa K
4 SE Broadway St
Ocala, FL 34471
(352) 732-7218
Corporation & Partnership Law Attorneys, Attorneys, Family Law Attorneys, Business Law Attorneys
Miquel Mack
151 SE 8th St
Ocala, FL 34471
(352) 671-6756
General Practice Attorneys, Attorneys
Ami L. Dilorenzo, P.A.
504 SE 8th St
Ocala, FL 34471
(352) 671-6700
Family Law Attorneys, Attorneys
Slonaker Law Firm
942 SE 17th STreet
Ocala, FL 34471
(352) 629-6656
Accident & Property Damage Attorneys,  Automobile Accident Attorneys,  Bankruptcy Law Attorneys,  Cr
Kenneth Glaspey
925 Southeast 17th Street Suite C
Ocala, FL 34471
(352) 304-6565
Personal Injury Law Attorneys, Bankruptcy Law Attorneys
Community Legal Services of Mid-Florida
2300 SE 17th St
Ocala, FL 34471
(352) 629-6257
Paralegals, Attorneys, Legal Clinics
Usher Law Firm, P.A.
3019 SW 27th Ave Ste 102
Ocala, FL 34471
(352) 509-5678
Corporation & Partnership Law Attorneys, Attorneys, Immigration Law Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US