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 21402

Pros and Cons of Taxation as a Partnership in Zip Code 21402


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 21402
Seidman & Schreyer LLC
8 Post Office Rd
Waldorf, MD 20602
(301) 870-9997
Personal Injury Law Attorneys
Daniels Robert N
400 E Pratt St
Baltimore, MD 21202
(410) 659-9988
Attorneys
Sean P Gallagher
70 Pershing St
Cumberland, MD 21502
(301) 876-9911
General Practice Attorneys, Attorneys
Silbiger David
110 E Lexington St # 100
Baltimore, MD 21202
(443) 681-9885
General Practice Attorneys, Attorneys, Legal Service Plans
Keller John L
952 Chandler Ct
Waldorf, MD 20602
(301) 843-9791
Attorneys,  Personal Injury Law Attorneys,  Insurance Attorneys,  Litigation & Tort Attorneys,  Lega
Salafia Matthew J
10 E Mulberry St
Baltimore, MD 21202
(410) 727-9790
General Practice Attorneys, Attorneys, Legal Service Plans
The Peoples Law Firm
10 N Calvert St # 253
Baltimore, MD 21202
(410) 528-9750
General Practice Attorneys, Attorneys, Legal Service Plans
Carrier William
100 E Pratt St
Baltimore, MD 21202
(410) 752-9700
Attorneys
Tydings & Rosenberg
100 E Pratt St Ste 2440
Baltimore, MD 21202
(410) 752-9700
Attorneys, Legal Service Plans
Judd Kim Germaine Lwyr
16 S Calvert St
Baltimore, MD 21202
(410) 347-9690
Attorneys
Freeland Rebecca L
14 Greene St
Cumberland, MD 21502
(301) 722-9600
Attorneys
Kevin B. Peregoy
2 Industrial Park Dr Suite E
Waldorf, MD 20602
(301) 870-9555
Attorneys,  Personal Injury Law Attorneys,  DUI & DWI Attorneys,  Family Law Attorneys,  Divorce Att
Amaral Gil S
200 E Lexington St # 1102
Baltimore, MD 21202
(410) 727-9550
General Practice Attorneys, Attorneys, Legal Service Plans
Law Office Charles R Stewart
81 Baltimore St
Cumberland, MD 21502
(301) 876-9455
Attorneys, General Practice Attorneys, Legal Service Plans
Crowe Thomas L
401 E Pratt St # 1622
Baltimore, MD 21202
(410) 685-9428
Attorneys, Legal Service Plans
Greber & Associates
75 Thomas Johnson Dr
Frederick, MD 21702
(301) 696-9396
Attorneys,  Mediation Services,  Civil Litigation & Trial Law Attorneys,  Arbitration Services,  Ado
White Carolyn
210 E Lexington St # 106
Baltimore, MD 21202
(410) 576-9311
Attorneys, Legal Service Plans
Robinson Bruce
200 E Lexington St
Baltimore, MD 21202
(410) 547-9272
Attorneys, Legal Service Plans
Alexander Gary R
111 S George St
Cumberland, MD 21502
(301) 724-9234
General Practice Attorneys, Attorneys, Legal Service Plans
Taylor Jr Casper R
111 S George St
Cumberland, MD 21502
(301) 724-9234
Attorneys
Thomas M. Donnelly, LLC
401 E Pratt St Suite 1321
Baltimore, MD 21202
(410) 528-9200
Attorneys,  Personal Injury Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Criminal Law At
Sellers, Fox, Kahn & Bender, P.A.
1001 Saint Paul St
Baltimore, MD 21202
(866) 438-9160
Automobile Accident Attorneys
Rabineau Allan
401 E Pratt St # 2252
Baltimore, MD 21202
(410) 837-9150
General Practice Attorneys, Attorneys, Legal Service Plans
Junghans Paula M ESQ
217 E Redwood St
Baltimore, MD 21202
(410) 547-9132
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US