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 21061

Pros and Cons of Taxation as a Partnership in Zip Code 21061


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 21061
Vdh USA
7207 Baltimore Annapolis Blvd
Glen Burnie, MD 21061
(410) 553-9975
Attorneys
Lindner Don F
7711 Quarterfield Rd Ste B7
Glen Burnie, MD 21061
(410) 760-9500
Attorneys, Legal Service Plans
Zide Marla
7310 Ritchie Hwy Ste 910
Glen Burnie, MD 21061
(410) 760-9433
General Practice Attorneys, Attorneys
Jimeno & Gray P.A.
7310 Ritchie Highway, Suite 900
Glen Burnie, MD 21061
(410) 590-9401
Criminal Law Attorneys,  Divorce Attorneys,  Accident & Property Damage Attorneys,  DUI & DWI Attorn
Henault & Sysko
306 Crain Hwy N
Glen Burnie, MD 21061
(410) 768-9300
General Practice Attorneys, Attorneys, Legal Service Plans
Brown Richard A & Assoc PA
30 Greenway St NW
Glen Burnie, MD 21061
(410) 766-9237
Attorneys, Legal Service Plans
Mezger Muly & Yateman
7477 Baltimore Annapolis Blvd
Glen Burnie, MD 21061
(410) 766-9115
Attorneys, General Practice Attorneys, Legal Service Plans
Fogleman Stephan W
7 Central Ave
Glen Burnie, MD 21061
(410) 761-8400
Attorneys, Legal Service Plans
Mc Cormick R Saul
7419 Baltimore Annapolis Blvd
Glen Burnie, MD 21061
(410) 760-7800
Attorneys
Ward Pratz & Associates
7678 Quarterfield Rd Ste 203
Glen Burnie, MD 21061
(410) 590-7700
Attorneys, Legal Service Plans
Steinhardt Michael D
808 Landmark Dr
Glen Burnie, MD 21061
(410) 766-7630
General Practice Attorneys, Attorneys, Legal Service Plans
Thomas J Fleckenstein
1415 Madison Park Dr
Glen Burnie, MD 21061
(410) 760-7444
Attorneys, General Practice Attorneys, Legal Service Plans
Michael Gilligan and Dawn Merino
105 Padfield Blvd
Glen Burnie, MD 21061
(410) 376-7381
Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  Family Law Attorneys,  Divorce Attorneys
John S. Smith & Associates
7310 Ritchie Hwy Ste 705
Glen Burnie, MD 21061
(410) 768-7105
Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Freedman Michael A
7310 Ritchie Hwy Ste 910
Glen Burnie, MD 21061
(410) 590-6848
Insurance Attorneys, Attorneys, Legal Service Plans, Criminal Law Attorneys, Labor & Employment Law
Murnane & O'neill
7425 Baltimore Annapolis Blvd # 200
Glen Burnie, MD 21061
(410) 761-6800
General Practice Attorneys, Attorneys, Legal Service Plans
Maurice Wyatt Law Office
801 Cromwell Park Dr Ste 100
Glen Burnie, MD 21061
(410) 590-6495
Attorneys
Miller Jr Ronald V
7310 Ritchie Hwy Ste 1001
Glen Burnie, MD 21061
(410) 553-6493
Accident & Property Damage Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Nolan Terrence M
14 Crain Hwy N
Glen Burnie, MD 21061
(410) 766-6466
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Bankruptcy La
Lorimar Title Corp
7310 Ritchie Hwy
Glen Burnie, MD 21061
(410) 760-6220
Attorneys, Title Companies, Legal Service Plans
Law Offices
1412 Crain Hwy N
Glen Burnie, MD 21061
(410) 760-6077
General Practice Attorneys, Attorneys, Legal Service Plans
Crowe Ara
571 Nolview Ct
Glen Burnie, MD 21061
(410) 969-5904
Attorneys
GPK Law Ctr
302 Crain Hwy S
Glen Burnie, MD 21061
(410) 595-5294
General Practice Attorneys, Attorneys
Timothy J. Mummert P.A.
7477 Baltimore Annapolis Blvd Ste 202
Glen Burnie, MD 21061
(410) 657-5239
Family Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US