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 Fisherville, KY

Pros and Cons of Taxation as a Partnership in Fisherville, 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 Fisherville, KY
Fadel Ronald B
2525 Nelson Miller Pkwy
Louisville, KY 40223
(502) 254-9544
Attorneys
Briggs Law Office
1301 Clear Springs Trce # 205
Louisville, KY 40223
(502) 412-9222
General Practice Attorneys, Attorneys
Grabhorn Law Office P
2525 Nelson Miller Pkwy
Louisville, KY 40223
(502) 244-9151
Corporation & Partnership Law Attorneys, Employee Benefits & Worker Compensation Attorneys, Attorney
Kentucky Trial Attorneys
10602 Timberwood Cir
Louisville, KY 40223
(502) 339-8890
General Practice Attorneys, Attorneys
Furman Nilsen & Lomond
2527 Nelson Miller Pkwy
Louisville, KY 40223
(502) 245-8883
Accident & Property Damage Attorneys,  General Practice Attorneys,  Legal Service Plans,  Attorneys
English Law Group
10213 Linn Station Rd
Louisville, KY 40223
(502) 425-8717
Attorneys, Real Estate Attorneys
Oehler Kathiejane ESQ
9780 Ormsby Station Rd
Louisville, KY 40223
(502) 339-8188
Attorneys
Wilt Ronald M
13800 Lake Point Cir
Louisville, KY 40223
(502) 244-7772
Personal Injury Law Attorneys, Attorneys, Malpractice Law Attorneys
Gersh Law Offices
1300 Clear Springs Trce Ste 3
Louisville, KY 40223
(502) 423-7023
Attorneys,  Estate Planning Attorneys,  General Practice Attorneys,  Legal Service Plans
Bardenwerper Talbott & Roberts PLLC
1000 N Hurstbourne Pkwy
Louisville, KY 40223
(502) 426-6688
Attorneys, Real Estate Attorneys
Beard John R
3012 Eastpoint Pkwy
Louisville, KY 40223
(502) 339-6550
Attorneys
Jon-Michael Murphy
804 Stone Creek Parkway, Suite
Louisville, KY 40223
(502) 473-6446
Family Law Attorneys,  Divorce Attorneys,  Business Law Attorneys,  Personal Injury Law Attorneys,  
Hogancamp Law Office
985 US Highway 62
Bardwell, KY 42023
(270) 628-5492
General Practice Attorneys, Attorneys, Legal Service Plans
Grace Title Group
800 Stone Creek Pkwy # 4
Louisville, KY 40223
(502) 412-4381
Real Estate Attorneys, Attorneys, Title Companies
Dolt, Thompson, Shepherd & Kinney PSC
13800 Lake Point Circle
Louisville, KY 40223
(502) 410-3809
Personal Injury Law Attorneys
Meehan Gwen
10351 Linn Station Rd
Louisville, KY 40223
(502) 326-3600
Attorneys, General Practice Attorneys
Pedley & Gordinier PLLC
10600 Timberwood Cir Unit 1
Louisville, KY 40223
(502) 214-3120
Corporation & Partnership Law Attorneys,  Attorneys,  Family Law Attorneys,  General Practice Attorn
Nick Thompson
800 Stone Creek Parkway Suite
Louisville, KY 40223
(502) 625-0905
Foreclosure Services,  Bankruptcy Services,  Bankruptcy Law Attorneys,  Business Bankruptcy Law Atto
Sutton Dean H
800 Stone Creek Pkwy # 6
Louisville, KY 40223
(502) 625-0902
Attorneys, Family Law Attorneys
Pitt & Frank --
10527 Timberwood Cir Ste A
Louisville, KY 40223
(502) 412-0161
Attorneys, General Practice Attorneys, Legal Service Plans
Cordell & Cordell
10200 Forest Green Blvd, #407
Louisville, KY 40223
(502) 710-0050
Child Custody Attorneys, Divorce Assistance, Divorce Attorneys
Jack Tolliver, MD & Associates, PLLC
13800 Lake Point Cir, Suite102
Louisville, KY 40223
(502) 333-0037
Medical Malpractice Attorneys, Attorneys, Nursing Home Litigation Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US