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 02043

Pros and Cons of Taxation as a Partnership in Zip Code 02043


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 02043
Leahy Mark A
738 Main St
Hingham, MA 02043
(781) 741-9933
Attorneys, Legal Service Plans
Rabinov Daniel
350 Lincoln St # 2400
Hingham, MA 02043
(781) 749-9898
Attorneys, General Practice Attorneys
Fillon Richard
188 South St # B
Hingham, MA 02043
(781) 740-9300
Attorneys, Legal Service Plans
James W Campbell Law Offices
175 Derby St
Hingham, MA 02043
(781) 749-8880
Attorneys, Estate Planning Attorneys, General Practice Attorneys, Legal Service Plans
Amrhein J Christoph MD
20 Downer Ave # 4
Hingham, MA 02043
(781) 749-8844
General Practice Attorneys, Attorneys, Legal Service Plans
Stephen J Leahy Law Office
175 Derby St # 9
Hingham, MA 02043
(781) 741-8686
General Practice Attorneys, Attorneys, Legal Service Plans
Kelliher Carolyn
190 Old Derby St # 209
Hingham, MA 02043
(781) 740-8686
Attorneys, Legal Service Plans
Michael T. Baker
101 Derby Street, Suite 203
Hingham, MA 02043
(617) 686-8375
Tax Attorneys, Wills, Trusts & Estate Planning Attorneys, Elder Law Attorneys, Estate Planning Attor
Legal Assistants
97 Whiting St
Hingham, MA 02043
(781) 749-8068
Attorneys Referral & Information Service
Alexis B. Levitt
160 Old Derby St # 456
Hingham, MA 02043
(781) 740-7269
Attorneys, Legal Service Plans
Hart Carolyn
210 Whiting St # 6
Hingham, MA 02043
(781) 749-6707
Attorneys
Rosenberg Steven
175 Derby St
Hingham, MA 02043
(781) 556-5768
General Practice Attorneys, Attorneys
Massachusetts Personal Injury Law Center | South Shore Personal Injury Lawyer
160 Old Derby Street
Hingham, MA 02043
(781) 836-5093
General Practice Attorneys,  Malpractice Law Attorneys,  Personal Injury Law Attorneys,  Workers Com
SOUTH SHORE MA BANKRUPTCY & STOP FORECLOSURE LAWYER | Mead Law Offices
160 Old Derby Street
Hingham, MA 02043
(781) 836-5082
Bankruptcy Law Attorneys,  Criminal Law Attorneys,  General Practice Attorneys,  Personal Injury Law
Joseph Law Office
738 Main St
Hingham, MA 02043
(781) 740-5055
General Practice Attorneys, Attorneys
Stevenson & Lynch, PC - South Shore Attorneys
62 Derby Street, Suites 4-5
Hingham, MA 02043
(781) 741-5000
Attorneys,  Divorce Attorneys,  Personal Injury Law Attorneys,  Bankruptcy Law Attorneys,  Estate Pl
Keyes Kimberley
59 Water St
Hingham, MA 02043
(781) 749-4977
General Practice Attorneys, Attorneys, Legal Service Plans
Mac Gregor Dawn A
160 Old Derby St
Hingham, MA 02043
(781) 740-4875
General Practice Attorneys, Attorneys
Marshall Pamela
349 Main St
Hingham, MA 02043
(781) 749-4336
Attorneys, Legal Service Plans
Ponds Law Office
350 Lincoln St Suite 2400
Hingham, MA 02043
(781) 749-4215
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Sullivan Gregory V
59 Water St # 2
Hingham, MA 02043
(781) 749-4141
General Practice Attorneys, Attorneys, Legal Service Plans
Brady James P
149 High St
Hingham, MA 02043
(781) 749-3114
Attorneys, Legal Service Plans
Mooney Lynda
100 Recreation Park Dr
Hingham, MA 02043
(781) 982-2777
Attorneys, General Practice Attorneys, Legal Service Plans
Gillis & Angley
160 Old Derby St Ste 227
Hingham, MA 02043
(781) 749-2432
Attorneys, Environment & Natural Resources Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US