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 Masonic Home, KY

Pros and Cons of Taxation as a Partnership in Masonic Home, 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 Masonic Home, KY
Dickinson Temple
414 W Washington St
Glasgow, KY 42141
(270) 651-9988
Attorneys, Criminal Law Attorneys, Family Law Attorneys, General Practice Attorneys, Legal Service P
Wasserman Riley & Associates
107 C V B Dr
London, KY 40741
(800) 352-9937
Attorneys, General Practice Attorneys
Kinberger Law Office
3801 Springhurst Blvd # 107
Louisville, KY 40241
(502) 425-9920
General Practice Attorneys, Attorneys
Victor Meyerowitz CPA and Attorney
9710 Park Plaza Ave
Louisville, KY 40241
(502) 587-9833
Attorneys
Basil Scott
231 W Main St
Glasgow, KY 42141
(270) 651-9822
Attorneys
Basil Law Firm
231 W Main St
Glasgow, KY 42141
(270) 651-9822
General Practice Attorneys, Attorneys
Carolyn Adams , PSC
100 Robinette Ln
London, KY 40741
(606) 620-9690
Attorneys, Labor & Employment Law Attorneys, Personal Injury Law Attorneys, Employee Benefits & Work
Weatherly Law Offices
222 W 5th St
London, KY 40741
(606) 878-9661
General Practice Attorneys, Attorneys, Legal Service Plans
Richardson Bobby H Atty
4 Forest Hills Dr
Glasgow, KY 42141
(270) 651-9541
Attorneys, Legal Service Plans
Cunnagin Willis C
201 S Main St
London, KY 40741
(606) 864-9537
General Practice Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys
Carnahan Law Offices
308 N Long St
London, KY 40741
(606) 878-9494
Attorneys
Carnhan James G Attorney
308 N Long St
London, KY 40741
(606) 878-9494
Attorneys, Bankruptcy Law Attorneys
Rogers John
111 West Wayne St.
Glasgow, KY 42141
(888) 651-9353
Attorneys,  Credit & Debt Counseling,  Business Bankruptcy Law Attorneys,  Bankruptcy Services,  Ban
Hibberd Johnson Kang & Cook
4801 Olympia Park Plz # 1400
Louisville, KY 40241
(502) 412-9190
Attorneys, Family Law Attorneys, Divorce Attorneys, General Practice Attorneys, Legal Service Plans
Hibberd Paul V
4205 Springhurst Blvd # 201
Louisville, KY 40241
(502) 412-9190
Family Law Attorneys, Attorneys, General Practice Attorneys
Iv-D Child Support Enforcement
119 N Main Cross St
Flemingsburg, KY 41041
(606) 845-9151
Attorneys, Legal Service Plans
Thomas W Davis Law Office
135 W Public Sq
Glasgow, KY 42141
(270) 651-9100
Attorneys,  Family Law Attorneys,  Labor & Employment Law Attorneys,  Divorce Attorneys,  Social Sec
Herbert Betty R
135 N Public Sq
Glasgow, KY 42141
(270) 651-9000
General Practice Attorneys, Attorneys
Pack Brian K
135 N Public Sq
Glasgow, KY 42141
(270) 651-9000
Attorneys
Crabtree William G
120 E 4th St
London, KY 40741
(606) 878-8888
Attorneys, Legal Service Plans
Alexander Richard II Atty
117 E Washington St
Glasgow, KY 42141
(270) 651-8884
General Practice Attorneys, Attorneys, Legal Service Plans
Gardner John
117 E Washington St # 1
Glasgow, KY 42141
(270) 651-8884
Attorneys
Richardson Bobby H
117 E Washington St # 1
Glasgow, KY 42141
(270) 651-8884
Attorneys
Bell Johnny
103 E Main St
Glasgow, KY 42141
(270) 651-8874
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US