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 62869

Pros and Cons of Taxation as a Partnership in Zip Code 62869


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 IL Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 62869
Yandle Stacy M
1 Eagle Ctr # 3A
O Fallon, IL 62269
(618) 394-9600
General Practice Attorneys, Attorneys, Legal Service Plans
Huffman Law Offices PC
1161 Fortune Blvd
O Fallon, IL 62269
(618) 628-9525
General Practice Attorneys, Attorneys
Evans Paul J
817 W US Highway 50
O Fallon, IL 62269
(618) 628-9092
Accident & Property Damage Attorneys, Attorneys, General Practice Attorneys, Legal Service Plans
Kasten Green Glass & Welch
784 Wall St
O Fallon, IL 62269
(618) 632-9069
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans
Robinson Russell
2800 W Higgins Rd Ste 160
Hoffman Estates, IL 60169
(847) 882-8888
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys
Norsigian Hrant
220 E State St # 2C
O Fallon, IL 62269
(618) 628-8500
Attorneys,  Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans
Bosworth Law Offices LTD
2500 W Higgins Rd Ste 1205
Hoffman Estates, IL 60169
(847) 519-7970
Attorneys, General Practice Attorneys, Legal Service Plans
Graft & Jordan
2800 W Higgins Rd Ste 980
Hoffman Estates, IL 60169
(847) 519-7300
Attorneys, Legal Service Plans
Mary White Hirsen
175 Olde Half Day Rd
Lincolnshire, IL 60069
(847) 777-6819
Attorneys, Legal Service Plans
Brennan Pamela A
100 N Main St
O Fallon, IL 62269
(618) 235-6617
Cohen Larry M
1033 W Golf Rd
Hoffman Estates, IL 60169
(847) 524-5500
Attorneys, Real Estate Attorneys, General Practice Attorneys, Legal Service Plans
Joyce & Associates
2300 Barrington Rd
Hoffman Estates, IL 60169
(847) 490-5395
General Practice Attorneys, Attorneys
Taylor Law Firm
772 Wall St
O Fallon, IL 62269
(618) 632-5377
Criminal Law Attorneys, General Practice Attorneys, Attorneys
Aldrich Karen
2300 Barrington Rd Ste 400
Hoffman Estates, IL 60169
(847) 490-5375
General Practice Attorneys, Attorneys, Legal Service Plans
Dziezak Law Firm
2300 Barrington Rd
Hoffman Estates, IL 60169
(847) 490-5370
Attorneys, General Practice Attorneys
Doran Joette S
2300 Barrington Rd Ste 400
Hoffman Estates, IL 60169
(847) 490-5309
Corporation & Partnership Law Attorneys, Attorneys, Labor & Employment Law Attorneys, General Practi
Laurence M. Cohen, PC
1033 W Golf Rd
Hoffman Estates, IL 60169
(847) 310-4700
Attorneys, Real Estate Attorneys
Lang Law, Ltd.
250 Parkway Dr Ste 150
Lincolnshire, IL 60069
(224) 659-3945
Corporation & Partnership Law Attorneys, Attorneys, Real Estate Attorneys, Legal Service Plans
Hefner Eberspacher and Tapella
775 Sunset Blvd
O Fallon, IL 62269
(618) 628-3800
Malpractice Law Attorneys, Attorneys, Legal Service Plans
Kujawski & Associates PC
1331 Park Plaza Dr
O Fallon, IL 62269
(618) 622-3600
Accident & Property Damage Attorneys,  Attorneys,  Renters Insurance,  Personal Injury Law Attorneys
Caryl Jacobs Gabe, PC
2300 Barrington Rd
Hoffman Estates, IL 60169
(847) 534-3572
Attorneys, Family Law Attorneys
Coulson Elder Law
774 Sunset Blvd #200
O Fallon, IL 62269
(618) 215-2919
Attorneys, Elder Law Attorneys, Family Law Attorneys
Hardball Process Service
250 Parkway Dr
Lincolnshire, IL 60069
(847) 495-2533
Paralegals
Manrose Susan
175 Olde Half Day Rd
Lincolnshire, IL 60069
(847) 955-2300
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US