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 47733

Pros and Cons of Taxation as a Partnership in Zip Code 47733


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 IN Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 47733
Glaser & Ebbs
103 N 2nd St
Decatur, IN 46733
(260) 728-9997
Bankruptcy Law Attorneys, Attorneys, General Practice Attorneys
Paralegal Associates Inc
5149 Avian Way
Carmel, IN 46033
(317) 844-9984
Paralegals
Clutter Rober V
105 N Washington St
Crawfordsville, IN 47933
(765) 361-9680
Attorneys, Legal Service Plans
Kirtley, Taylor, Sims, Chadd, & Minnette P.C.
105 N Washington St
Crawfordsville, IN 47933
(765) 361-9680
Business Litigation Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Business
Minnette J Kent
105 N Washington St
Crawfordsville, IN 47933
(765) 361-9680
Attorneys
Sarver Thomas D Attorney
118 E Main St
Crawfordsville, IN 47933
(765) 364-9499
Attorneys
Goebel William A
118 E Main St # 300
Crawfordsville, IN 47933
(765) 364-9499
Attorneys, General Practice Attorneys, Legal Service Plans
Green, Bill
134 W Main St
Crawfordsville, IN 47933
(765) 362-8168
Accident & Property Damage Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Criminal Law Atto
Rusthoven Peter J Atty
13645 Smokey Hollow Pl
Carmel, IN 46033
(317) 844-7738
Attorneys, Legal Service Plans
Capper Tulley And Reimondo
131 S Green St
Crawfordsville, IN 47933
(765) 362-7340
Attorneys, Legal Service Plans
Capper Tulley & Reimondo
131 S Green St
Crawfordsville, IN 47933
(765) 362-7340
Attorneys
Hehner James W
5101 Puffin Pl
Carmel, IN 46033
(317) 846-7273
Attorneys, Legal Service Plans
Mckinzie Mark J
12861 Harrison Dr
Carmel, IN 46033
(317) 955-7116
Attorneys
Miller Gregory H
132 E Main St
Crawfordsville, IN 47933
(765) 362-5755
Attorneys,  Estate Planning Attorneys,  Wills, Trusts & Estate Planning Attorneys,  General Practic
Donaldson, S Bryan
134 W Main St
Crawfordsville, IN 47933
(765) 362-5598
Family Law Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Criminal Law Attorneys,  Wills,
Stein Richard P
12558 N Gray Rd
Carmel, IN 46033
(317) 846-4799
Attorneys
Henthorn Harris & Weliever PC
122 E Main St
Crawfordsville, IN 47933
(765) 362-4440
Attorneys, Wills, Trusts & Estate Planning Attorneys, Family Law Attorneys
Harris J Lamont
122 E Main St
Crawfordsville, IN 47933
(765) 362-4440
Attorneys
Brown Julie-Marie
119 S 2nd St
Decatur, IN 46733
(260) 724-4408
Family Law Attorneys, Attorneys, Legal Service Plans
Schurger Zurcher Snyder
119 S 2nd St
Decatur, IN 46733
(260) 724-4408
Attorneys,  Family Law Attorneys,  Title Companies,  Legal Service Plans,  Bankruptcy Law Attorneys
Zurcher Susan E S
119 S 2nd St
Decatur, IN 46733
(260) 724-4408
Attorneys, Legal Service Plans
Fanning Robert A
11832 Stoney Bay Cir
Carmel, IN 46033
(317) 848-4066
Attorneys
Bender William H
17 W Main St
Poseyville, IN 47633
(812) 874-3636
General Practice Attorneys, Attorneys
Knowles William W
37 Twinshore Ct
Carmel, IN 46033
(317) 844-3048
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US