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 Moline, IL

Pros and Cons of Taxation as a Partnership in Moline, IL


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 Moline, IL
Ford, Curt - Nash Nash Bean & Ford
5030 38th Ave
Moline, IL 61265
(309) 762-9368
Estate Planning Attorneys, Attorneys, Elder Law Attorneys, Wills, Trusts & Estate Planning Attorneys
Hanna Steven W Atty
1528 6th Ave
Moline, IL 61265
(309) 797-9000
Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys, Legal Service Plans, Traffic Law Attorneys
Hanna & Ruud,
1528 6th Avenue
Moline, IL 61265
(309) 797-9000
Attorneys, Criminal Law Attorneys
Hanna & Ruud,
1528 6th Avenue
Moline, IL 61265
(309) 797-9000
Criminal Law Attorneys, Attorneys
Thompson Linnea E
5030 38th Ave
Moline, IL 61265
(309) 797-8787
Attorneys, Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Real Estate Attorneys, A
Califf & Harper Pc
506 15th St # 600
Moline, IL 61265
(309) 764-8300
Estate Planning Attorneys, Attorneys, Tax Attorneys, Business Law Attorneys, Real Estate Attorneys,
Derek Hancks PC
1504 7th St # 2
Moline, IL 61265
(309) 797-8188
Attorneys, Legal Service Plans, Bankruptcy Law Attorneys
Attorney Ray Choudhry
1630 5th Ave., Suite 200
Moline, IL 61265
(309) 797-8000
Personal Injury Law Attorneys,  Medical Law Attorneys,  General Practice Attorneys,  Juvenile Law At
Choudhry, Ray - Mid America Law Offices Ltd
1630 5th Ave # 200
Moline, IL 61265
(309) 797-8000
Social Security & Disability Law Attorneys,  Attorneys,  Family Law Attorneys,  Malpractice Law Atto
Meersman H Moss
2006 16th St
Moline, IL 61265
(309) 762-7333
General Practice Attorneys, Attorneys
Avgerinos Nick
5030 38th Ave
Moline, IL 61265
(309) 762-5550
Employee Benefits & Worker Compensation Attorneys, Attorneys, Labor & Employment Law Attorneys, Gene
Mason & Scott PC
3610 25th St
Moline, IL 61265
(866) 410-5443
Civil Litigation & Trial Law Attorneys, Attorneys, Criminal Law Attorneys, Wills, Trusts & Estate Pl
Mason R Nick-
3610 25th St Ste 4
Moline, IL 61265
(309) 762-4600
Traffic Law Attorneys, Attorneys, DUI & DWI Attorneys, Real Estate Attorneys
Katz Huntoon & Fieweger PC
1000 36th Ave
Moline, IL 61265
(309) 797-3000
Attorneys,  Elder Law Attorneys,  Litigation & Tort Attorneys,  Accident & Property Damage Attorneys
Huntoon H K
1000 36th Ave # 100
Moline, IL 61265
(309) 797-3000
Attorneys
Haake Dale G
1000 36th Ave # 100
Moline, IL 61265
(309) 797-3000
Bankruptcy Law Attorneys, Business Bankruptcy Law Attorneys, Attorneys
Cady Thomas E
1000 36th Ave # 100
Moline, IL 61265
(309) 797-3000
Attorneys,  Criminal Law Attorneys,  Malpractice Law Attorneys,  Accident & Property Damage Attorney
Hammond Donald D
2424 41st St
Moline, IL 61265
(309) 762-2669
Attorneys, Legal Service Plans
Brown Mary Ann
2200 52nd Ave # 2
Moline, IL 61265
(309) 764-2577
Attorneys
Long Jamieson
2200 52nd Ave # 2
Moline, IL 61265
(309) 764-2577
Attorneys, Probate Law Attorneys, Elder Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Fe
Talbot Kathryn F
1718 8th Ave
Moline, IL 61265
(309) 737-2515
Family Law Attorneys, Attorneys, Legal Service Plans
Linnea E. Thompson
5030 38th Ave
Moline, IL 61265
(888) 598-1251
Adoption Law Attorneys,  Attorneys,  Family Law Attorneys,  Real Estate Attorneys,  Personal Propert
Mowen James D
1630 5th Ave # 300
Moline, IL 61265
(309) 797-0850
General Practice Attorneys, Attorneys, Legal Service Plans
Law Offices
1718 8th Ave
Moline, IL 61265
(309) 762-0736
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US