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 Springerton, IL

Pros and Cons of Taxation as a Partnership in Springerton, 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 Springerton, IL
Neal & Leroy
300 S Carlton St # 120
Wheaton, IL 60187
(630) 752-9598
Attorneys Support & Service Bureaus
Stauber Jr Raymond W
330 S Naperville Rd Ste 304
Wheaton, IL 60187
(630) 668-9590
Real Estate Attorneys, Attorneys, General Practice Attorneys
Young James A
2100 Manchester Rd Ste 201
Wheaton, IL 60187
(630) 221-9495
Attorneys
Anderson & Associates PC
400 S County Farm Rd
Wheaton, IL 60187
(630) 653-9400
Divorce Attorneys,  Adoption Law Attorneys,  Child Custody Attorneys,  Attorneys,  Family Law Attorn
O'brien Law Offices Pc
300 S County Farm Rd Ste G
Wheaton, IL 60187
(630) 871-9400
Attorneys,  Banking & Mortgage Law Attorneys,  Business Law Attorneys,  Real Estate Attorneys,  Liti
Fawell & Associates
500 S County Farm Rd
Wheaton, IL 60187
(630) 871-9300
Immigration Law Attorneys,  Administrative & Governmental Law Attorneys,  Criminal Law Attorneys,  A
Pape Arthur
100 W Roosevelt Rd Ste A3-102
Wheaton, IL 60187
(630) 933-9300
Attorneys, General Practice Attorneys
Pesch Law Office
620 W Roosevelt Rd Ste A1
Wheaton, IL 60187
(630) 462-9300
General Practice Attorneys, Attorneys
Stone & Johnson
600 W Roosevelt Rd
Wheaton, IL 60187
(630) 221-9292
Attorneys
Reed Elizabeth
400 Knoll St
Wheaton, IL 60187
(630) 752-9256
General Practice Attorneys, Attorneys
Beck Houlihan & Scott
534 W Roosevelt Rd
Wheaton, IL 60187
(630) 933-9220
Divorce Attorneys, Family Law Attorneys, Attorneys
Dupage County Lawyer Referral & Mediation Service
126 S County Farm Rd
Wheaton, IL 60187
(630) 653-9109
Attorneys Referral & Information Service
Clausen Miller Pc
2100 Manchester Rd Ste 1700
Wheaton, IL 60187
(630) 668-9100
Product Liability Law Attorneys, Attorneys, Business Law Attorneys
Yonke A Kent
100 W Roosevelt Rd Ste A4-205
Wheaton, IL 60187
(630) 668-8940
General Practice Attorneys, Attorneys
Dennis W. Hoornstra
100 W Roosevelt Rd
Wheaton, IL 60187
(630) 999-8908
Real Estate Attorneys,  Attorneys,  Family Law Attorneys,  Bankruptcy Law Attorneys,  Business Bankr
Rice & Assoc
311 S County Farm Rd Ste A
Wheaton, IL 60187
(630) 260-8880
Accident & Property Damage Attorneys, Attorneys, Personal Injury Law Attorneys, Legal Service Plans
Linda Roberts & Assoc
104 E Roosevelt Rd Ste 201
Wheaton, IL 60187
(630) 752-8823
General Practice Attorneys, Attorneys, Legal Service Plans
Gately James
8233 185th St
Tinley Park, IL 60487
(708) 424-8789
General Practice Attorneys, Attorneys
Estate Planning Law Group
600 W Roosevelt Rd Ste B1
Wheaton, IL 60187
(630) 871-8778
Estate Planning Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
James J Lenahan Law Office
1115 Wheaton Oaks Ct # 1
Wheaton, IL 60187
(630) 221-8751
General Practice Attorneys, Attorneys
Miglore Salvatore
300 S Carlton St # 130
Wheaton, IL 60187
(630) 933-8400
General Practice Attorneys, Attorneys, Legal Service Plans
Deborah N. Bedsole
2100 Manchester Rd Building-B
Wheaton, IL 60187
(630) 221-8320
Attorneys, Legal Service Plans, Criminal Law Attorneys, Legal Clinics
Naughton Gino
7220 W 194th St # 103
Tinley Park, IL 60487
(815) 469-8300
General Practice Attorneys, Attorneys
Rynning Lawrence K
310 S County Farm Rd Ste G
Wheaton, IL 60187
(630) 682-8061
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US