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 01089

Pros and Cons of Taxation as a Partnership in Zip Code 01089


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 MA Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 01089
Powers Mary Paier
698 Westfield St Ste 7
West Springfield, MA 01089
(413) 781-9659
Attorneys, Estate Planning Attorneys, Real Estate Attorneys
Muratore & Ford PC
181 Park Ave
West Springfield, MA 01089
(413) 363-9436
General Practice Attorneys, Attorneys
Eileen Sullivan-Boss
171 Park Avenue, Suite 101
West Springfield, MA 01089
(413) 746-9022
Attorneys, Legal Service Plans
Wellspeak Raymond L
131 Nelson St
West Springfield, MA 01089
(413) 746-9008
Attorneys
Sclafani Jr, Charles J - Johnson & Sclafani
776 Westfield St
West Springfield, MA 01089
(413) 732-8356
Attorneys,  Family Law Attorneys,  Corporation & Partnership Law Attorneys,  Criminal Law Attorneys,
Siciliano Peter J Law Office
168 South Blvd
West Springfield, MA 01089
(413) 214-7809
Attorneys, General Practice Attorneys
Taillefer Laurence A
1227 Elm St
West Springfield, MA 01089
(413) 737-6463
Attorneys, Family Law Attorneys, Divorce Attorneys, Real Estate Attorneys, Personal Injury Law Attor
Franco Joseph A
51 Park Ave
West Springfield, MA 01089
(413) 788-6414
Attorneys
Kallock Michael
698 Westfield St # 5
West Springfield, MA 01089
(413) 734-5488
Attorneys, Legal Service Plans
Harty Law Offices
698 Westfield St
West Springfield, MA 01089
(413) 342-5161
Attorneys, General Practice Attorneys
Werman Michael
16 South Blvd
West Springfield, MA 01089
(413) 306-4712
General Practice Attorneys, Attorneys, Legal Service Plans
Harty Michael R
379 Riverdale St
West Springfield, MA 01089
(413) 736-4300
Attorneys, Legal Service Plans
Cochrane Jill
380 Union St
West Springfield, MA 01089
(413) 732-3057
Attorneys, Legal Service Plans
Meyers Paralegal
668 Rogers Ave
West Springfield, MA 01089
(413) 205-2977
Paralegals
Samberg Mary A
93 Van Deene Ave # 101
West Springfield, MA 01089
(413) 732-2959
Attorneys,  Mediation Services,  Arbitration Services,  General Practice Attorneys
Marasi & Frankel Attorney
51 Park Ave
West Springfield, MA 01089
(413) 737-2675
Attorneys, Legal Service Plans
Sears Kevin M
1185 Westfield St
West Springfield, MA 01089
(413) 787-2458
Criminal Law Attorneys
Naatz Law Office
1012 Memorial Ave
West Springfield, MA 01089
(413) 397-2311
Attorneys,  Real Estate Attorneys,  Bankruptcy Services,  Legal Clinics,  Bankruptcy Law Attorneys,
Record Title & Law Offices
117 Park Ave
West Springfield, MA 01089
(413) 785-1851
General Practice Attorneys, Attorneys, Legal Service Plans
John Ely
181 Park Ave
West Springfield, MA 01089
(413) 301-0846
Real Estate Attorneys
Di Santi, Francis M - Disanti Law Offices
1073 Riverdale St
West Springfield, MA 01089
(413) 781-0813
Attorneys, General Practice Attorneys
Govoni Victor D
131 Elm St
West Springfield, MA 01089
(413) 736-0366
Attorneys, Legal Service Plans
Scuderi Salvatore
1111 Elm St # 33
West Springfield, MA 01089
(413) 439-0343
Attorneys, Legal Service Plans
Webster Christine E
117 Park Ave # 203
West Springfield, MA 01089
(413) 732-0074
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US