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 20740

Pros and Cons of Taxation as a Partnership in Zip Code 20740


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 MD Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 20740
Bradley Edwards S
4321 Hartwick Rd
College Park, MD 20740
(301) 699-9880
Attorneys
Meadow Joseph F
7307 Baltimore Ave # 112
College Park, MD 20740
(301) 699-8688
Attorneys, Legal Service Plans
Salmond William G
4500 Lehigh Rd Ste A
College Park, MD 20740
(301) 779-7858
Attorneys, Legal Service Plans
Mc Kenzie Joseph C
9601 Baltimore Ave
College Park, MD 20740
(301) 209-7024
Attorneys
Green Leitch & Steelman
7309 Baltimore Ave Ste 115
College Park, MD 20740
(301) 864-6070
Attorneys, Legal Service Plans
Jacoby Steven M
7305 Baltimore Ave # 305
College Park, MD 20740
(301) 779-5560
Attorneys, Legal Service Plans
Blair and Lee Law Firm
4701 Melbourne Pl Fl 1
College Park, MD 20740
(301) 474-4700
Attorneys,  Legal Service Plans,  Attorneys Referral & Information Service,  General Practice Attorn
Koester Catherine
7307 Baltimore Ave # 109
College Park, MD 20740
(301) 864-4242
Family Law Attorneys, Attorneys, Legal Service Plans
Abu Baqibillah
10011 Rhode Island Ave
College Park, MD 20740
(301) 220-3490
Attorneys, Legal Service Plans
Bilingual Mediation Ctr
9012 51st Ave
College Park, MD 20740
(301) 345-3303
Arbitration Services
Mcgraw Ronald
8720 Edmonston Rd
Berwyn Heights, MD 20740
(301) 982-3244
General Practice Attorneys
Sullivan Charles J
7305 Baltimore Ave # 301
College Park, MD 20740
(301) 927-3035
General Practice Attorneys, Attorneys
Schwartz Ronald
4907 Niagara Rd Ste 103
College Park, MD 20740
(301) 474-2300
Legal Service Plans,  Bankruptcy Law Attorneys,  Attorneys,  Bankruptcy Services
Day Sean R
8505 Baltimore Ave Ste B
College Park, MD 20740
(301) 220-2270
Attorneys, Legal Service Plans
Petraitis Karel C
7100 Baltimore Ave # 205
College Park, MD 20740
(301) 277-1443
Attorneys, Legal Service Plans
Willoner, Calabrese & Rosen, P.A.
4603 Calvert Road
College Park, MD 20740
(301) 699-1400
Attorneys, Legal Service Plans, General Practice Attorneys
Rosen, Steven - Willoner Calabrese Rosen
4603 Calvert Rd
College Park, MD 20740
(301) 699-1400
Attorneys, Family Law Attorneys, Divorce Attorneys, Civil Litigation & Trial Law Attorneys, Business
PB Law
4907 Niagara Rd
College Park, MD 20740
(301) 458-0955
Traffic Law Attorneys, Attorneys, Criminal Law Attorneys, DUI & DWI Attorneys
Kemet & Hunt
4920 Niagara Rd
College Park, MD 20740
(301) 982-0888
Attorneys, General Practice Attorneys, Real Estate Attorneys
Solomon Marcell
6315 Greenbelt Rd
Berwyn Heights, MD 20740
(301) 486-0700
Attorneys, Legal Service Plans
Hecht Ross D
9003 Locust Spring Rd
College Park, MD 20740
(301) 952-0262
General Practice Attorneys, Attorneys, Legal Service Plans
Center Charles
4806 Berwyn Rd
College Park, MD 20740
(301) 982-0169
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US