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 55305

Pros and Cons of Taxation as a Partnership in Zip Code 55305


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 MN Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 55305
St Peter Law Offices Pa Attys
1901 Timberline Spur # 100
Hopkins, MN 55305
(952) 932-9900
General Practice Attorneys, Attorneys, Legal Service Plans
Mark D. Luther Law Office
13911 Ridgedale Dr
Hopkins, MN 55305
(952) 931-9398
Attorneys,  Legal Service Plans,  Accident & Property Damage Attorneys,  Legal Clinics,  Automobile
Holden Hill Elizabeth
11900 Wayzata Blvd # 100
Hopkins, MN 55305
(952) 512-8400
Attorneys, Legal Service Plans
Fiskum Law Office Pa
601 Carlson Pkwy # 1290
Hopkins, MN 55305
(952) 476-7080
General Practice Attorneys, Attorneys, Legal Service Plans
Weber & Associates Law Office
601 Carlson Parkway, # 1050
minnetonka, MN 55305
(952) 544-6804
Immigration Law Attorneys
David Kelly Law Office
10709 Wayzata Blvd # 205
Hopkins, MN 55305
(952) 544-6356
Insurance Attorneys,  Attorneys,  Criminal Law Attorneys,  Personal Injury Law Attorneys
Kelly Law Office
10709 Wayzata Blvd # 205
Hopkins, MN 55305
(952) 544-6356
Bankruptcy Law Attorneys, Insurance Attorneys, Criminal Law Attorneys, Personal Injury Law Attorneys
John W. Wood Law Office
13100 Wayzata Blvd Ste 120
Hopkins, MN 55305
(952) 545-6262
Attorneys,  Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Legal Service Pla
Alexander Law Office
601 Carlson Pkwy
Hopkins, MN 55305
(952) 449-6000
General Practice Attorneys, Attorneys
Diamond Richard I
601 Carlson Pkwy # 1050
Hopkins, MN 55305
(952) 449-5239
General Practice Attorneys, Attorneys
Hanson Keith A
19 Saint Albans Rd W
Hopkins, MN 55305
(952) 945-5220
General Practice Attorneys, Attorneys
David Lohse
601 Carlson Pkwy Ste 1050
Hopkins, MN 55305
(651) 447-4700
Attorneys
Schmidt Law Firm
13911 Ridgedale Dr Ste 110
Minneapolis, MN 55305
(952) 473-4530
Legal Service Plans,  General Practice Attorneys,  Insurance Attorneys,  Personal Injury Law Attorne
White Law Office
601 Carlson Pkwy
Hopkins, MN 55305
(952) 745-4530
Attorneys, General Practice Attorneys
Schmidt Law Firm
13911 Ridgedale Dr
Hopkins, MN 55305
(952) 473-4530
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Perlman Michael
10520 Wayzata Blvd
Hopkins, MN 55305
(952) 544-3400
Attorneys, General Practice Attorneys, Legal Service Plans
Griffel & Dorshow
1809 Plymouth Rd Ste 333
Hopkins, MN 55305
(612) 529-3333
General Practice Attorneys, Attorneys, Legal Service Plans
Ryan Rutzick
3564 Shady Oak Rd
Hopkins, MN 55305
(952) 681-2914
General Practice Attorneys
Eckstrom Keith E
601 Carlson Pkwy # 995
Hopkins, MN 55305
(952) 475-2800
General Practice Attorneys, Attorneys, Legal Service Plans
Brennan Jr, Sidney L - Brennan Law Firm
1013 Ford Rd
Hopkins, MN 55305
(952) 546-2455
Insurance Attorneys,  Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys
The Campbell Law Firm, P.C.
601 Carlson Pkwy Ste 1050
Hopkins, MN 55305
(763) 234-1909
Family Law Attorneys, Attorneys, Legal Service Plans
Blaschko & Associates Law Firm
601 Carlson Pkwy Ste 1050
Hopkins, MN 55305
(651) 400-1520
Corporation & Partnership Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Persona
Steven C. Thal P.A.
10580 Wayzata Blvd #100
Hopkins, MN 55305
(952) 541-1090
Administrative & Governmental Law Attorneys, Immigration Law Attorneys, Attorneys
Goldenberg Stuart
13986 Crowne Hill Ln
Hopkins, MN 55305
(952) 544-0930
Divorce Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US