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 Dimondale, MI

Pros and Cons of Taxation as a Partnership in Dimondale, MI


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 MI Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Dimondale, MI
Anzalone Anna Marie
204 E Church St # 200
Adrian, MI 49221
(517) 263-9906
General Practice Attorneys, Attorneys
Lindsay & Lindsay LLP
220 S Main St
Cheboygan, MI 49721
(231) 627-9901
Attorneys,  Legal Service Plans,  Business Law Attorneys,  Probate Law Attorneys,  Criminal Law Atto
Dawn Vandusen
1893 W Maumee St
Adrian, MI 49221
(517) 263-9700
Attorneys, General Practice Attorneys
Michaels George E PC
21220 Kelly Rd
Eastpointe, MI 48021
(586) 773-9430
Attorneys, Criminal Law Attorneys
Babut William C
217 E Front St # 1
Adrian, MI 49221
(517) 266-9332
Attorneys,  Social Security & Disability Law Attorneys,  Business Bankruptcy Law Attorneys,  Legal S
Sheldon Law Firm, PLLC
P.O. Box 5183
Cheboygan, MI 49721
(231) 290-9009
Civil Litigation & Trial Law Attorneys, Family Law Attorneys, Immigration Law Attorneys, Probate Law
Alpha Legal Svc
21420 Gratiot Ave
Eastpointe, MI 48021
(586) 362-8956
Paralegals
Patterson Anthony Marilyn
18104 Oak Dr
Detroit, MI 48221
(313) 864-8947
General Practice Attorneys
Laidlaw H David
155 E Maple Ave
Adrian, MI 49221
(517) 263-8877
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans,
Baldwin Clarke F Atty
236 Dennis St
Adrian, MI 49221
(517) 263-8310
Attorneys
Galen Kathleen
23801 Gratiot Ave # 108
Eastpointe, MI 48021
(586) 447-8300
Divorce Attorneys, Family Law Attorneys, Attorneys
McFarland Michael M
160 N Winter St Ste 1
Adrian, MI 49221
(517) 265-8138
Accident & Property Damage Attorneys,  Attorneys,  Family Law Attorneys,  DUI & DWI Attorneys,  Real
Bodman LLP
229 Court St
Cheboygan, MI 49721
(231) 627-8000
Attorneys,  Legal Service Plans,  Labor & Employment Law Attorneys,  Banking & Mortgage Law Attorney
Lieder Kathleen A Atty
229 Court St
Cheboygan, MI 49721
(231) 627-8000
Attorneys
Josey Michael R
19455 Livernois Ave
Detroit, MI 48221
(313) 863-8000
Attorneys
Bruggeman Jennifer
126 E Church St
Adrian, MI 49221
(517) 263-7897
General Practice Attorneys, Attorneys, Legal Service Plans
Cooper David J
4153 Occidental Hwy
Adrian, MI 49221
(517) 263-7884
Attorneys,  Accident & Property Damage Attorneys,  Wrongful Death Attorneys,  Personal Injury Law At
Cooper & Bender PC
4153 Occidental Hwy
Adrian, MI 49221
(517) 263-7884
Employment Discrimination Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Employee Benefits
Baldwin Clarke F
204 E Church St # 101
Adrian, MI 49221
(517) 263-7851
General Practice Attorneys, Attorneys, Legal Service Plans
Mc Farland David
209 N Broad St
Adrian, MI 49221
(517) 266-7800
Family Law Attorneys, Attorneys, Legal Service Plans
Borders Angela
126 E Church St
Adrian, MI 49221
(517) 263-7777
General Practice Attorneys, Attorneys, Legal Service Plans
Andrea J Ferrara Law Offices
24487 Gratiot Ave # 1
Eastpointe, MI 48021
(586) 773-7767
Immigration Law Attorneys, Attorneys, Immigration & Naturalization Consultants
Jameson Charles William II Attorney
526 N Main St
Adrian, MI 49221
(517) 265-7744
Criminal Law Attorneys, Attorneys
Tate Karen L
123 Chestnut St
Adrian, MI 49221
(517) 263-7660
Wills, Trusts & Estate Planning Attorneys, Attorneys, Family Law Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US