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 02561

Pros and Cons of Taxation as a Partnership in Zip Code 02561


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 02561
Issadore & Arons Llp
17 Accord Park Dr Ste 100
Norwell, MA 02061
(781) 878-9981
Real Estate Attorneys, Attorneys, Legal Service Plans
Stewart Law Offices
153 Prospect St
Norwell, MA 02061
(781) 659-9966
General Practice Attorneys, Attorneys, Legal Service Plans
Brennan Edward J
80 Washington St # 53
Norwell, MA 02061
(781) 982-9143
General Practice Attorneys, Attorneys, Legal Service Plans
Sullivan Christopher L
133 Washington St
Norwell, MA 02061
(781) 681-9008
Attorneys, Legal Service Plans
Shontz G Brian Atty
P.O. Box 856
Norwell, MA 02061
(781) 826-8226
Attorneys
Neely Carol C
167 Washington St # 46
Norwell, MA 02061
(781) 659-8116
Attorneys, Legal Service Plans
Fox David E
727 Main St
Norwell, MA 02061
(781) 659-7913
Attorneys
Tobin & Tobin PC
62 Central St
Norwell, MA 02061
(781) 834-7676
General Practice Attorneys, Attorneys, Legal Service Plans
Jones David H
51 Winchester St
Newton Highlands, MA 02461
(617) 795-7029
Attorneys, Legal Service Plans
Osterberg Richard B
291 Lake Ave
Newton Highlands, MA 02461
(617) 527-6664
Attorneys
Sullivan & Sullivan PC
80 Washington St Ste B7
Norwell, MA 02061
(781) 871-6500
General Practice Attorneys, Legal Service Plans, Attorneys
Barry R Smith Law Offices
80 Washington St
Norwell, MA 02061
(781) 878-5709
General Practice Attorneys, Attorneys, Legal Service Plans
Stein Joel A
17 Accord Park Dr # 106
Norwell, MA 02061
(781) 878-5600
General Practice Attorneys, Attorneys
Dodd Stephen M
133 Washington St
Norwell, MA 02061
(781) 878-5599
Attorneys, Family Law Attorneys, Divorce Attorneys, Legal Service Plans
James P. Geraghty
80 Washington Square, Building K
Norwell, MA 02061
(617) 571-5487
Attorneys
Hughes & Assoc
46 Accord Park Dr
Norwell, MA 02061
(781) 681-5100
Estate Planning Attorneys, Attorneys, Real Estate Attorneys, Personal Injury Law Attorneys
Haufler Associates
22 Washington St # 5
Norwell, MA 02061
(781) 331-5050
Divorce Attorneys,  Attorneys,  Legal Service Plans,  General Practice Attorneys,  Criminal Law Atto
Cataldo Alexander L
894 Main St
Norwell, MA 02061
(781) 659-4849
Attorneys, Legal Service Plans
Bettencourt Scott E
167 Washington St # 21
Norwell, MA 02061
(781) 878-4693
Attorneys, General Practice Attorneys, Legal Service Plans
Nathanson Stefan
1172 Beacon St # 202
Newton Highlands, MA 02461
(617) 332-4555
Attorneys
Walckner Law Office
131 Main Street, Box 206
South Lancaster, MA 01561
(978) 733-4499
General Practice Attorneys, Attorneys
Harling Elizabeth A Law Ofc
80 Washington St
Norwell, MA 02061
(781) 982-4220
General Practice Attorneys, Attorneys, Legal Service Plans
Camiel David A
822 Boylston St
Newton Highlands, MA 02461
(617) 244-4155
General Practice Attorneys, Attorneys, Legal Service Plans
Bowe John J
17 Accord Park Dr # 104
Norwell, MA 02061
(781) 982-4002
Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US