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 30622

Pros and Cons of Taxation as a Partnership in Zip Code 30622


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 GA Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 30622
Blasingame Burch Garrard and Ashley PC
1551 Jennings Mill Rd Unit 2200A
Bogart, GA 30622
(706) 369-9790
Personal Injury Law Attorneys
Michael M Kim
1361 Jennings Mill Rd Ste 324
Bogart, GA 30622
(706) 548-7867
Family Law Attorneys, Attorneys, Criminal Law Attorneys, Legal Service Plans, Divorce Attorneys
Mercer, Cecilia P
1671 Meriweather Dr
Bogart, GA 30622
(706) 543-7777
Real Estate Attorneys
Quarterman & Hodson PC
1671 Meriweather Dr
Bogart, GA 30622
(706) 543-7777
Corporation & Partnership Law Attorneys,  Attorneys,  Real Estate Attorneys,  Business Law Attorneys
Hodson Alec R.
1671 Meriweather Dr
Bogart, GA 30622
(706) 543-7777
Corporation & Partnership Law Attorneys,  Attorneys,  Real Estate Attorneys,  Business Law Attorneys
Clark John L
1551 Jennings Mill Rd Ste 1200B
Bogart, GA 30622
(706) 353-6633
Real Estate Attorneys, Attorneys, General Practice Attorneys
Horne Foy S Jr
1671 Meriweather Dr Ste 201
Bogart, GA 30622
(706) 549-6376
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans, Employee Benefits & Worker
Mills, Jon
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 543-4708
Attorneys
Lowry, Scott Jr
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 543-4708
Attorneys,  Legal Service Plans,  Family Law Attorneys,  Divorce Attorneys
Durden and Mills PC
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 543-4708
Personal Injury Law Attorneys,  Attorneys,  Tax Attorneys,  Wills, Trusts & Estate Planning Attorne
Durden & Mills PC
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 543-4708
Corporation & Partnership Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,
Gateway Bronze
2341 Savage Rd
Bogart, GA 30622
(678) 227-4295
Civil Litigation & Trial Law Attorneys, Attorneys
Felt Law Group PC
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 546-4121
Real Estate Attorneys, Attorneys
Laurie P Lunsford
1361 Jennings Mill Rd
Bogart, GA 30622
(706) 549-4114
Attorneys, Real Estate Attorneys
Brown Michael A
1551 Jennings Mill Rd Unit 400B
Bogart, GA 30622
(678) 365-3311
Attorneys
Wiggins, Mark M
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 613-2700
Civil Litigation & Trial Law Attorneys, Attorneys, Criminal Law Attorneys, General Practice Attorney
Norris Blaine A
1551 Jennings Mill Rd
Bogart, GA 30622
(706) 613-2700
Attorneys,  Criminal Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Construction Law Attor
Coffey Shannon C
1551 Jennings Mill Rd Ste 2000A
Bogart, GA 30622
(706) 613-2700
Family Law Attorneys, Attorneys, Legal Service Plans
Brown Stephens Law Firm
1551 Jennings Mill Rd Ste 400B
Bogart, GA 30622
(706) 223-1692
Attorneys,  Arbitration Services,  Attorneys Referral & Information Service,  Criminal Law Attorneys
Lavender Baker
1551 Jennings Mill Rd Ste 2400B
Bogart, GA 30622
(706) 208-1514
Personal Injury Law Attorneys, Litigation & Tort Attorneys, Attorneys
Fitzgerald & Burruss
1361 Jennings Mill Rd Ste 104
Bogart, GA 30622
(706) 369-0061
Real Estate Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US