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 Boons Camp, KY

Pros and Cons of Taxation as a Partnership in Boons Camp, KY


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 KY Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Boons Camp, KY
McCoy & Sparks, PLLC
212 W Stephen Foster Avenue
Bardstown, KY 40004
(502) 348-9972
Criminal Law Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Attorneys
Donnelly, John
1110 Broadway Ave
Bowling Green, KY 42104
(270) 782-9912
General Practice Attorneys, Attorneys
Chimera & Donnelly Law Office
1110 Broadway Ave
Bowling Green, KY 42104
(270) 782-9912
Social Security & Disability Law Attorneys,  Attorneys,  Social Security Services,  General Practice
James Taylor
414 Baxter Ave Ste 215
Louisville, KY 40204
(502) 777-9764
Attorneys, Family Law Attorneys, Divorce Attorneys, Legal Service Plans
Stewart Maria C
351 Pascoe Blvd Suite 103-G
Bowling Green, KY 42104
(270) 843-9660
Attorneys,  Business Bankruptcy Law Attorneys,  Bankruptcy Services,  Bankruptcy Law Attorneys
Travelsted Brent
1256 Campbell Ln # 201
Bowling Green, KY 42104
(270) 783-9451
Attorneys
Burns Jerry A
1719 Ashley Cir # 120
Bowling Green, KY 42104
(270) 796-9090
Attorneys, Bankruptcy Law Attorneys, Legal Service Plans
Wadlington Chad
2333 Alexandria Dr # 200
Lexington, KY 40504
(859) 255-9004
General Practice Attorneys, Attorneys, Legal Service Plans
Donan Thomas Atty
125 Windsor Ave
Bardstown, KY 40004
(502) 348-8335
General Practice Attorneys, Attorneys
Broz Debra L
1705 Ashley Cir
Bowling Green, KY 42104
(877) 388-8184
Attorneys
Porath Murray J
1112 Rammers Ave
Louisville, KY 40204
(502) 637-8165
General Practice Attorneys, Attorneys, Legal Service Plans
Arlene Courtney Gray
114 N 5th St # 7
Bardstown, KY 40004
(270) 765-8114
Bankruptcy Law Attorneys, Attorneys, Family Law Attorneys
John H. McCracken & Associates PLLC.
1823 McIntosh St
Bowling Green, KY 42104
(270) 783-8088
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  E
Schuette Brian
719 Dishman Lane Ext
Bowling Green, KY 42104
(270) 781-7500
Attorneys, General Practice Attorneys
Donan Thomas A
205 E Stephen Foster AVE
Bardstown, KY 40004
(502) 348-7041
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Real
Langan Larry Atty
3000 Virginia Ave
Bardstown, KY 40004
(502) 348-6649
Attorneys, General Practice Attorneys
Kentucky Lenders Assistance
828 Lane Allen Rd # 219
Lexington, KY 40504
(859) 278-6586
Paralegals
Pace Paula
114 N 5th St # 6
Bardstown, KY 40004
(502) 348-6476
Attorneys,  Family Law Attorneys,  General Practice Attorneys,  Legal Service Plans
Hubbard John D
117 E Stephen Foster AVE
Bardstown, KY 40004
(502) 348-6457
General Practice Attorneys, Attorneys, Legal Service Plans
Fulton Hubbard & Hubbard
117 E Stephen Foster AVE
Bardstown, KY 40004
(502) 348-6457
Criminal Law Attorneys
Almy Sarah S
1611 Rosewood Ave
Louisville, KY 40204
(502) 452-6333
Attorneys, Legal Service Plans
Walter C. Cox Jr.
2333 Alexandria Dr
Lexington, KY 40504
(859) 514-6033
Estate Planning Attorneys, General Practice Attorneys
Hughes & Coleman PSC
1411 Scottsville Rd
Bowling Green, KY 42104
(800) 849-6000
General Practice Attorneys, Attorneys, Legal Service Plans
Hughes & Coleman with Joe Campbell
1256 Campbell Ln
Bowling Green, KY 42104
(270) 782-6000
Attorneys,  Labor & Employment Law Attorneys,  Social Security & Disability Law Attorneys,  Business
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US