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 21874

Pros and Cons of Taxation as a Partnership in Zip Code 21874


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 21874
Stoner Michael A
1330 Main St
Hampstead, MD 21074
(410) 374-9998
Ralph Larry Warren
1300 Mercantile Ln Suite 158
Upper Marlboro, MD 20774
(301) 773-9393
Personal Injury Law Attorneys,  Attorneys,  Hearing Aids & Assistive Devices,  Police Departments,  
Stan Derwin Brown, LLC
1300 Caraway Court, Suite 101
Upper Marlboro, MD 20774
(301) 883-8888
Attorneys, General Practice Attorneys
Swam Elwood E
1326 N Main St
Hampstead, MD 21074
(410) 239-8808
Attorneys, Legal Service Plans, Patent, Trademark & Copyright Law Attorneys
Access Legal Plan
9200 Basil Ct Ste 550
Upper Marlboro, MD 20774
(301) 883-8789
Attorneys, Legal Service Plans, Real Estate Buyer Brokers
Brissette-Minus Kathy
9200 Basil Ct
Upper Marlboro, MD 20774
(301) 883-8710
Attorneys, Legal Service Plans
Ashley Joseph E -
926 N Houcksville Rd
Hampstead, MD 21074
(410) 374-8444
Attorneys, Criminal Law Attorneys, Divorce Attorneys, Personal Injury Law Attorneys, Bankruptcy Law
Ashley Joseph E
926 N Houcksville Rd
Hampstead, MD 21074
(410) 374-8444
Attorneys, Legal Service Plans
Angelia Rowe Garner Law Office
9200 Basil Ct Ste 301
Upper Marlboro, MD 20774
(301) 883-8340
General Practice Attorneys, Attorneys, Legal Service Plans
Henry & Associates
9701 Apollo Dr Ste 201
Upper Marlboro, MD 20774
(301) 925-7900
Attorneys, Legal Service Plans
A@K Legal Service
13017 Wisteria Dr
Germantown, MD 20874
(240) 246-7857
Attorneys Referral & Information Service, Attorneys
Hamilton Linda M
1101 Mercantile Ln # 296
Upper Marlboro, MD 20774
(301) 925-7833
Attorneys, Legal Service Plans
Solomon Law Ctr
1401 Mercantile Ln
Upper Marlboro, MD 20774
(240) 582-7775
General Practice Attorneys, Attorneys
Robert G Shuster Atty
12850 Middlebrook Rd
Germantown, MD 20874
(301) 515-7723
General Practice Attorneys, Attorneys
Martin S Protas Law Offices
20010 Century Blvd # 420
Germantown, MD 20874
(301) 762-7005
Attorneys, General Practice Attorneys, Legal Service Plans
It's Done Virtually
10127 Prince Place
Upper Marlboro, MD 20774
(202) 607-6688
Administrative & Governmental Law Attorneys, Online & Mail Order Shopping
Executive Title & Escrow
9500 Arena Dr # 480
Upper Marlboro, MD 20774
(301) 341-6444
Title Companies,  Attorneys,  General Practice Attorneys,  Insurance
Julius P Terrell
9701 Apollo Dr
Upper Marlboro, MD 20774
(240) 487-5961
Attorneys
Anthony M Harmon
1300 Mercantile Ln
Upper Marlboro, MD 20774
(301) 322-5875
General Practice Attorneys, Attorneys
Shakur Malik A
9500 Arena Dr # 460G
Upper Marlboro, MD 20774
(301) 772-5773
Attorneys, Legal Service Plans
Sutton Andrew
8 Executive Park Ct
Germantown, MD 20874
(301) 916-5000
Attorneys, Insurance Attorneys
Hammel Law, LLC
9701 Apollo Drive, suite 301
Largo, MD 20774
(240) 393-4935
Personal Injury Law Attorneys, Criminal Law Attorneys, Family Law Attorneys
Rosier & Assoc
9500 Arena Dr # 101
Upper Marlboro, MD 20774
(301) 918-4870
General Practice Attorneys, Attorneys, Legal Service Plans
Teresa Cho Edwards
1300 Mercantile Lane # 139
Largo, MD 20774
(301) 357-4761
Bankruptcy Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US