12Law Arrow 12Law Arrow  Easy Questions  
12Law Arrow 12Law Arrow Instant Legal Documents
 
Edit & Print Free General Partnership Documents for Zip Code 28444
  • Written by expert Attorneys
  • Guaranteed for your State
  • Personalized for your situation
  • Finish and print in minutes!

Pros and Cons of Taxation as a Partnership in Zip Code 28444

Pros and Cons of Taxation as a Partnership in Zip Code 28444


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.

 
Download & Print a Free NC Partnership Personalize This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
  Answer Easy
Questions
answer simple questions online step by step
Easy Questions, Instant Documents
  • Finish in Minutes
  • Download Immediately
  • Written by Attorneys
  • 100% Guaranteed
  Get Instant Legal
    Documents

Print, save or email your finished legal document immediately!
Last Will & Testament
Related Legal Services near Zip Code 28444
Oliff & Berridge PLC
201 S College St
Charlotte, NC 28244
(704) 375-9249
Patent, Trademark & Copyright Law Attorneys,  Attorneys,  Patent Agents,  Personal Property Law Att
Smith Douglas A
216 N Jackson St
Salisbury, NC 28144
(704) 633-9000
Attorneys
Carter James L Jr
131 N Main St
Salisbury, NC 28144
(704) 633-8857
Attorneys
Lee Law Offices PA
909 S Main St # 200
Salisbury, NC 28144
(704) 633-8681
Civil Litigation & Trial Law Attorneys, Attorneys, General Practice Attorneys
Inge, Robert L
112 N Main St
Salisbury, NC 28144
(704) 633-8486
Family Law Attorneys, Attorneys, Legal Service Plans
Hardy Mildred T
203 Georgetowne Dr
Elon, NC 27244
(336) 584-7300
Family Law Attorneys, Attorneys
Smith Mary Beth Atty
117 S Main St
Salisbury, NC 28144
(704) 636-7166
Attorneys, Family Law Attorneys
Kluttz Reamer Hayes Randolph Adkins & Carter LLP
129 N Main St
Salisbury, NC 28144
(704) 636-7100
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Wills, Trusts & Estate
Lewis Fadely
102 N 3rd Ave
Siler City, NC 27344
(919) 200-6994
Civil Litigation & Trial Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Probate Law Attorneys,
Winslow Jeffrey W
144 N Church St
Hertford, NC 27944
(252) 426-5726
Traffic Law Attorneys, Attorneys, Legal Service Plans
Sherrill & Cameron PLLC
117 W Council St
Salisbury, NC 28144
(704) 633-5723
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Overbey Jon S
214 E Innes St
Salisbury, NC 28144
(704) 637-5590
Attorneys, Criminal Law Attorneys, Estate Planning, Probate, & Living Trusts, Real Estate Attorneys,
Wallace & Graham PA
525 N Main St
Salisbury, NC 28144
(704) 633-5244
Social Security & Disability Law Attorneys,  Attorneys,  Accident & Property Damage Attorneys,  Empl
Woodson Sayers Lawther Short Parrott Walker & Abramson LLP
225 N Main St
Salisbury, NC 28144
(704) 633-5000
Real Estate Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Accident & Property Damage Attor
William Trippe McKeny Atty
115B E Council St.
Salisbury, NC 28144
(704) 636-3700
General Practice Attorneys, Attorneys, Legal Service Plans
Shelby David
122 N Lee St
Salisbury, NC 28144
(704) 633-3446
Corporation & Partnership Law Attorneys, Attorneys, Social Security & Disability Law Attorneys
Ketner & Dees
121 E Kerr St
Salisbury, NC 28144
(704) 637-3434
Corporation & Partnership Law Attorneys,  Attorneys,  Wills, Trusts & Estate Planning Attorneys,  R
Koontz Earle A
225 N Main St # 304
Salisbury, NC 28144
(704) 636-2974
Social Security & Disability Law Attorneys, Attorneys
Koontz & Smith
225 Ste 304 N Main St
Salisbury, NC 28144
(704) 636-2974
Accident & Property Damage Attorneys,  Military & Veterans Law Attorneys,  Civil Litigation & Trial
Smith Peter C
225 N Main St # 304
Salisbury, NC 28144
(704) 636-2974
Employee Benefits & Worker Compensation Attorneys, Attorneys
Ryan B. Addison
315 N Main St
Salisbury, NC 28144
(704) 636-2080
Attorneys, Criminal Law Attorneys, Family Law Attorneys
Robert F McLaughlin
122 N Ellis St
Salisbury, NC 28144
(704) 633-2020
Bankruptcy Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Bankruptcy Services,  Legal Service
RACHEL S. GUNTHER P.C.
303 N. Church Street
Hertford, NC 27944
(252) 426-2006
Divorce Attorneys,  Landlord & Tenant Attorneys,  Bankruptcy Law Attorneys,  Traffic Law Attorneys,
Hudson, John T
122 N Lee St
Salisbury, NC 28144
(704) 633-1947
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US