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 34601

Pros and Cons of Taxation as a Partnership in Zip Code 34601


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 34601
Morris Jr Robert A
129 N Main St
Brooksville, FL 34601
(352) 796-9999
Attorneys, Criminal Law Attorneys, Legal Clinics, Divorce Attorneys
Angels of Love Adoption Agency, Inc.
140 South Main Street
Brooksville, FL 34601
(352) 585-9988
Adoption Law Attorneys, Abortion Alternatives, Adoption Services
Austin & Laurato Law Offices
120 N Broad St
Brooksville, FL 34601
(352) 540-9969
Civil Litigation & Trial Law Attorneys, Attorneys, General Practice Attorneys
Hyslop Peyton B
629 W Jefferson St
Brooksville, FL 34601
(352) 799-9666
Criminal Law Attorneys, Attorneys, Legal Service Plans
Merritt, Daniel B
297 N Broad St
Brooksville, FL 34601
(352) 796-9380
Personal Injury Law Attorneys
Keller, John M PA
224 N Broad St
Brooksville, FL 34601
(352) 796-9380
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Family Law Attorneys,  General Practice Att
Brannagan, Shawn M
20 S Broad St
Brooksville, FL 34601
(352) 799-8423
Civil Litigation & Trial Law Attorneys, Attorneys, General Practice Attorneys
Hogan, Law Firm The
20 S Broad St
Brooksville, FL 34601
(352) 799-8423
Environment & Natural Resources Law Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,
Hogan Law Firm The
20 S Broad St
Brooksville, FL 34601
(352) 799-8423
Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal Injury Law Attorneys,  Elder Law Attor
Discount Divorce & Bankruptcy
10497 Cheyenne Pass
Brooksville, FL 34601
(352) 688-8095
Paralegals
Law of Office of Robert G Whittel
5331 US 19 Commercial Way
Brooksville, FL 34601
(352) 799-7667
Criminal Law Attorneys, Attorneys, Legal Service Plans
Smith Scott
101 E Fort Dade Ave
Brooksville, FL 34601
(352) 796-7434
Family Law Attorneys, Attorneys
Warnstadt Kenneth
11473 Stringer Rd
Brooksville, FL 34601
(352) 799-7291
Attorneys, Legal Service Plans
Eppley, William B PA
123 N Main St
Brooksville, FL 34601
(352) 796-7276
Wills, Trusts & Estate Planning Attorneys, Attorneys, Legal Service Plans, General Practice Attorney
Caglianone and Miller PA Miller Public Association
703 Lamar Ave
Brooksville, FL 34601
(352) 796-6733
Automobile Accident Attorneys, Attorneys
Johnston & Sasser PA
140 S Main St
Brooksville, FL 34601
(352) 796-5123
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,  R
Sasser, David C
140 S Main St
Brooksville, FL 34601
(352) 796-5123
Real Estate Attorneys, Attorneys
Morris Robert A Jr Law Office
129 N Main St Brooksville
Brooksville, FL 34601
(352) 686-5050
Civil Litigation & Trial Law Attorneys,  Criminal Law Attorneys,  Attorneys,  General Practice Attor
Thorpe Law Firm
326 W Jefferson St
Brooksville, FL 34601
(352) 593-4995
General Practice Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys
Aulls Ashley
120 N Broad St # 100
Brooksville, FL 34601
(352) 593-4115
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Richard M. Mitzel, P.A.
101 South Main Street
Brooksville, FL 34601
(352) 796-3383
Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Au
Morris Law Group
129 N Main St
Brooksville, FL 34601
352-389-4127
Divorce Attorneys, Attorneys, Criminal Law Attorneys, Legal Clinics, Family Law Attorneys, Litigatio
R M Vitola Law Offices
701 W Dr M L King Jr Blvd
Brooksville, FL 34601
(352) 796-2676
Family Law Attorneys, Administrative & Governmental Law Attorneys, Attorneys
Vitola R M
701 W Dr M L King Jr Blvd
Brooksville, FL 34601
(352) 796-2676
Administrative & Governmental Law Attorneys, Attorneys, Family Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US