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 52803

Pros and Cons of Taxation as a Partnership in Zip Code 52803


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 IA Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 52803
Tupper Tim
1019 Mound St # 302
Davenport, IA 52803
(563) 459-9900
Attorneys, General Practice Attorneys
Valainis Lucy H
1019 Mound St # 302
Davenport, IA 52803
(563) 459-9900
Attorneys
Drew-Peeples Brenda
125 Kirkwood Blvd
Davenport, IA 52803
(563) 344-9765
Attorneys, General Practice Attorneys, Legal Service Plans
Clements James B
1503 Brady St
Davenport, IA 52803
(563) 323-9715
Attorneys, Legal Service Plans
Lawyer Referral Service
528 N Main St
Davenport, IA 52803
(866) 716-9473
Real Estate Referral & Information Service
Dickinson Mackaman Tyler Hagan
2805 Eastern AVE
Davenport, IA 52803
(563) 323-9314
Attorneys, Legal Service Plans
Coyle Carrie E
125 Kirkwood Blvd
Davenport, IA 52803
(563) 336-8761
Attorneys, General Practice Attorneys
Shie Thomas E
601 Brady St # 220
Davenport, IA 52803
(563) 324-8244
Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, General Practice Attorn
Bribriesco John T
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Business Law Attorne
Bernstein Daniel D
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
Personal Injury Law Attorneys, Attorneys, Labor & Employment Law Attorneys
Cook M Jeffrey
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
Attorneys, Legal Service Plans
Dale Eric J
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
Attorneys,  General Practice Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Att
Hilltop Law Offices
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
General Practice Attorneys, Attorneys, Legal Service Plans
Payson Earl A
1313 N Harrison St
Davenport, IA 52803
(563) 323-8054
Attorneys, Civil Litigation & Trial Law Attorneys, Legal Service Plans
Treimer David
601 Brady St # 211
Davenport, IA 52803
(563) 323-7889
Attorneys, Legal Service Plans
Simmons Kent A
601 Brady St # 211
Davenport, IA 52803
(563) 322-7784
Attorneys, General Practice Attorneys
Molyneaux Linda B
918 E Denison Ave
Davenport, IA 52803
(563) 323-7332
Attorneys, Legal Service Plans
Zamora Taylor Alexander Woods
125 Kirkwood Blvd
Davenport, IA 52803
(563) 323-7007
Attorneys, Legal Service Plans
De Pree Michael
617 Brady St
Davenport, IA 52803
(563) 323-6685
Attorneys, Legal Service Plans
Howes John R
2920 N Harrison St
Davenport, IA 52803
(563) 326-6401
Criminal Law Attorneys
Olsen Law Office
2805 Eastern AVE
Davenport, IA 52803
(563) 383-6090
Family Law Attorneys,  Adoption Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Attorneys,
Priester Theodore J
601 Brady St # 220
Davenport, IA 52803
(563) 322-5386
General Practice Attorneys, Attorneys
Buckrop, Bruce A - Buckrop & Vandevelde
329 W 18th St # 500
Davenport, IA 52803
(563) 322-5347
Bankruptcy Law Attorneys, Attorneys, Bankruptcy Services
Wells Douglas
322 N Harrison St
Davenport, IA 52803
(563) 323-5002
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US