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 Winter Haven, FL

Pros and Cons of Taxation as a Partnership in Winter Haven, 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 Winter Haven, FL
Mc Neal William D
170 E Central Ave
Winter Haven, FL 33880
(863) 298-9900
General Practice Attorneys, Attorneys, Legal Service Plans
Kaylor, David S Kaylor Law Group
361 E Central Ave
Winter Haven, FL 33880
(863) 294-9844
Insurance Attorneys,  Attorneys,  Criminal Law Attorneys,  Personal Injury Law Attorneys,  Litigatio
Thornhill & Trakas Pa
70 4th St NW
Winter Haven, FL 33881
(863) 295-9300
Attorneys, Family Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, General Practice Attorne
Desrochers Christopher
2504 Avenue G NW
Winter Haven, FL 33880
(863) 299-8309
Real Estate Attorneys, Attorneys
Davis Sonya C
195 Avenue A NW
Winter Haven, FL 33881
(863) 294-8285
Family Law Attorneys, Attorneys
Smith Allen R
1451 N Lake Howard Dr
Winter Haven, FL 33881
(863) 294-8206
General Practice Attorneys, Attorneys
Grode II Robert D
70 4th St NW
Winter Haven, FL 33881
(863) 294-8100
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Grode Ii, Robert D Lilly O'toole & Brown LLP
70 4th St NW
Winter Haven, FL 33881
(863) 294-8100
Accident & Property Damage Attorneys,  Attorneys,  Legal Service Plans,  Attorneys Referral & Inform
Berlinsky Steven
634 1st St S
Winter Haven, FL 33880
(863) 409-7961
Bankruptcy Law Attorneys, Attorneys, General Practice Attorneys
The Roy Law Firm
435 1st St S
Winter Haven, FL 33880
(863) 294-7898
General Practice Attorneys, Attorneys, Legal Service Plans
Mills Michael
20 3rd St SW
Winter Haven, FL 33880
(863) 875-7897
General Practice Attorneys, Attorneys
Alvarez Law Group
190 Avenue A NW
Winter Haven, FL 33881
(863) 875-7804
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Kaylor Kaylor & Leto PA
1375 Havendale Blvd NW
Winter Haven, FL 33881
(863) 299-7735
Workers Compensation Assistance, Legal Service Plans, Social Security & Disability Law Attorneys, At
Anderson Glenn
56 4th St NW
Winter Haven, FL 33881
(863) 299-7348
Attorneys, Legal Service Plans
James O. Cunningham, P.A.
325 Avenue A, N.W.
Winter Haven, FL 33881
(863) 968-7173
Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Admiralty & Maritime Law Attorneys,  Prod
Taylor & Assoc Attorneys
20 3rd St SW # 209
Winter Haven, FL 33880
(863) 875-6950
General Practice Attorneys, Attorneys, Legal Service Plans
Donahue Michelle
300 3rd St NW
Winter Haven, FL 33881
(863) 299-6647
Family Law Attorneys, Attorneys
Trakas Andrew P
123 Avenue C SW
Winter Haven, FL 33880
(863) 299-5675
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Legal Service Plans
Papa & Gipe PA
199 Avenue B NW
Winter Haven, FL 33881
(863) 291-5555
Attorneys, Legal Service Plans
Sharit Bunn & Chilton
99 6th St SW
Winter Haven, FL 33880
(863) 293-5000
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Elder Law Attorneys,  Ba
Butz Kelly P
99 6th St SW
Winter Haven, FL 33880
(863) 293-5000
Civil Litigation & Trial Law Attorneys, Attorneys
Gossett Law Offices
616 2nd St SW
Winter Haven, FL 33880
(863) 875-4958
Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans,  Attorneys
Charlotte C. Stone
314 Ave K SE
Winter Haven, FL 33880
(863) 439-4500
Attorneys, Wills, Trusts & Estate Planning Attorneys
Casey Allan L
395 Avenue C NW
Winter Haven, FL 33881
(863) 294-4468
Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, Legal Service Plans, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US