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 31294

Pros and Cons of Taxation as a Partnership in Zip Code 31294


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 31294
Hoffman Jason K PC
111 Library Ln
Tifton, GA 31794
(229) 388-9901
Social Security & Disability Law Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  General
Gurz Ballew Mary
210 4th St E
Tifton, GA 31794
(229) 382-9678
Corporation & Partnership Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Legal S
Kelly and Lovett PC
220 2nd St E
Tifton, GA 31794
(229) 382-9590
Attorneys, Bankruptcy Law Attorneys
Wilmot Robert C
606 Central Ave N
Tifton, GA 31794
(229) 382-9081
Civil Litigation & Trial Law Attorneys, Attorneys
Wilmot & Powell
614 Tift Ave N
Tifton, GA 31794
(229) 382-9081
Criminal Law Attorneys, Attorneys, Legal Service Plans
Swan Alan H
1020 Central Ave N
Tifton, GA 31794
(229) 386-9069
Accident & Property Damage Attorneys, Attorneys, Corporation & Partnership Law Attorneys
Simpson Mediation Svc
118 3rd St E
Tifton, GA 31794
(229) 388-8420
Arbitration Services, Attorneys
Simpson Mediation Services
1020 College Ave N
Tifton, GA 31794
(229) 388-8420
Arbitration Services,  Mediation Services,  Attorneys,  Counseling Services
Bryan, R David LLC
211 Park Ave N
Tifton, GA 31794
(229) 387-8005
Attorneys, Civil Litigation & Trial Law Attorneys, Criminal Law Attorneys
Rhymer Law Firm
1036-B Iris Dr SW
Conyers, GA 30094
(770) 918-8000
Bankruptcy Law Attorneys, Bankruptcy Services
Rigdon & Van Orman L L C
424 Tift Ave N
Tifton, GA 31794
(229) 382-7494
Criminal Law Attorneys,  Social Security & Disability Law Attorneys,  Attorneys,  Personal Injury La
Frank Family
2642 Hall Whitley Rd
Tifton, GA 31794
(229) 533-7077
Family Law Attorneys, Attorneys, Divorce Assistance
Ainsworth Law Group
1000 Iris Dr SW
Conyers, GA 30094
(770) 679-5381
Criminal Law Attorneys, Attorneys
Quynn Nancy
619 Tift Ave N
Tifton, GA 31794
(229) 382-5234
Immigration Law Attorneys, Attorneys, Legal Service Plans
Swilley Donna
1790 Parker Rd SE
Conyers, GA 30094
(770) 922-5185
Social Security & Disability Law Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  Personal
Heitman Herbert E
1000 Iris Dr SW # G7
Conyers, GA 30094
(770) 483-4874
Bankruptcy Law Attorneys, Attorneys
Ivey James A
122 2nd St E
Tifton, GA 31794
(229) 396-4040
Corporation & Partnership Law Attorneys, Attorneys, General Practice Attorneys, Legal Service Plans,
Perry Diane L
402 Central Ave N
Tifton, GA 31794
(229) 238-3885
Attorneys, Family Law Attorneys, Immigration Law Attorneys, Legal Service Plans
Hoyt, Harger W PC
1229 Royal Dr SW
Conyers, GA 30094
(770) 483-3000
Attorneys, Real Estate Attorneys
Turner, Michael PC
215 Park Ave N
Tifton, GA 31794
(229) 382-2455
Employee Benefits & Worker Compensation Attorneys,  Attorneys,  Bankruptcy Law Attorneys,  Labor & E
Kelley and Johnson
207 4th St E
Tifton, GA 31794
(229) 382-2421
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Business Law Attorneys,  Real Estate Attorn
Gray Jr Joseph B
718 2nd St W # A
Tifton, GA 31794
(229) 388-1925
Corporation & Partnership Law Attorneys,  Attorneys,  Mediation Services,  Wills, Trusts & Estate P
Kemeness Lon P Atty
229 2nd St E
Tifton, GA 31794
(229) 388-1394
Attorneys,  Criminal Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Legal Clinics
Pittman Thomas H
423 Tift Ave N
Tifton, GA 31794
(229) 388-1222
Family Law Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US