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 Lake Worth, FL

Pros and Cons of Taxation as a Partnership in Lake Worth, FL


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 Lake Worth, FL
Russ E Robbins Law Offices
17 N H St
Lake Worth, FL 33460
(561) 362-9921
Attorneys Referral & Information Service, Attorneys, Legal Service Plans
Fried Law Firm, P.A.
10104 Dover Carriage Ln
Lake Worth, FL 33449
(561) 317-9821
Mon-Fri 9am-7pm, Sat Closed, Sun Closed
Hall Stephen W
1520 10th Ave N # F
Lake Worth, FL 33460
(561) 533-9706
Estate Planning Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Resch Betty C
521 Lake Ave
Lake Worth, FL 33460
(561) 533-8118
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Family Law Attorneys,  Administrative & Gov
Levine Wayne M
2328 10th Ave N
Lake Worth, FL 33461
(561) 582-8077
Immigration Law Attorneys,  Attorneys,  Immigration & Naturalization Consultants,  General Practice
Shannon J. Sagan, P.A.
101 N J St Ste 2
Lake Worth, FL 33460
(561) 533-7800
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Legal Service Plans
Nelson Hunter Law Firm, P.A.
8461 Lake Worth Rd
Lake Worth, FL 33467
(561) 909-7622
Bankruptcy Law Attorneys,  Credit & Debt Counseling,  Insurance Adjusters,  Legal Service Plans,  Ba
Monique E. L'Italien, P.A.
3940 10th Ave N Ste 3
Lake Worth, FL 33461
(561) 855-7240
Romano Law Group PA
1005 Lake Ave
Lake Worth, FL 33460
(561) 533-6700
Wrongful Death Attorneys,  Accident & Property Damage Attorneys,  Automobile Accident Attorneys,  Co
JN Paralegal Services.
3923 Lake Worth Rd Suite 110
Lake Worth, FL 33461
(561) 429-6665
Paralegals, Legal Document Assistance
FLA Search Co
3959 Lake Worth Rd Ste D
Lake Worth, FL 33461
(561) 969-6594
Attorneys Referral & Information Service, Attorneys Support & Service Bureaus, Legal Service Plans
Weiss Jan
7810 S Dixie Hwy
Lake Worth, FL 33460
(561) 582-6401
Attorneys
Larry E. Bray, P.A.
6415 Lake Worth Road #209
Lake Worth, FL 33463
(561) 296-5291
Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Collection Law Attorneys, Probate
Hands Together-Palm Beaches
25 S H St
Lake Worth, FL 33460
(561) 533-5280
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
Tinsley Eric J
2000 N Dixie Hwy Ste 4
Lake Worth, FL 33460
(561) 582-5001
Civil Litigation & Trial Law Attorneys, Attorneys, General Practice Attorneys
Sorgini & Sorgini PA
300 N Federal Hwy
Lake Worth, FL 33460
(561) 585-5000
Attorneys, Real Estate Attorneys, Wills, Trusts & Estate Planning Attorneys
Stafford Shane L P A
2290 10th Ave N # 302
Lake Worth, FL 33461
(561) 540-4533
Attorneys Referral & Information Service, Attorneys, Civil Litigation & Trial Law Attorneys
Williams Charles
917 N Dixie Hwy
Lake Worth, FL 33460
(561) 582-4080
Attorneys, Legal Service Plans, Corporation & Partnership Law Attorneys, Employee Benefits & Worker
Drucker Law Offices
8461 Lake Worth Rd Ste 437
Lake Worth, FL 33467
(561) 967-3840
Personal Injury Law Attorneys, Attorneys
Legal Trtanscription
4295 Berkshire Wharf Dr
Lake Worth, FL 33461
(561) 429-3817
Paralegals
Altman & Greer
1611 N Federal Hwy
Lake Worth, FL 33460
(561) 588-3311
Attorneys, Family Law Attorneys, Criminal Law Attorneys
Deitsch & Wright, P.A.
8461 Lake Worth Rd.
Lake Worth, FL 33467
(855) 707-3279
Personal Injury Law Attorneys, Insurance Attorneys
Springer Robert H
2290 10th Ave N
Lake Worth, FL 33461
(561) 432-3232
Attorneys,  Real Estate Attorneys,  Civil Litigation & Trial Law Attorneys,  Bankruptcy Law Attorney
Molina Immigration Specialist
2000 N Dixie Hwy Ste 2
Lake Worth, FL 33460
(561) 585-2905
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US