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 Mc Adenville, NC

Pros and Cons of Taxation as a Partnership in Mc Adenville, NC


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 NC Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Mc Adenville, NC
Williams Law Firm
87 4th St NW # C
Hickory, NC 28601
(828) 328-9994
Attorneys, Business Law Attorneys, Real Estate Attorneys, Estate Planning Attorneys, General Practic
Judith Romanowski Law Office
115 E. Main St.
Durham, NC 27701
(919) 286-9983
Social Security & Disability Law Attorneys, Attorneys
James Minick
35 Montford Ave Ste A
Asheville, NC 28801
(828) 212-9970
Attorneys
Boyles Law Firm, P
319 N 4th St
Wilmington, NC 28401
(910) 236-9970
Real Estate Attorneys, Attorneys, General Practice Attorneys
Washington & Associates PLLC
117 Person St
Fayetteville, NC 28301
(910) 364-9966
Accident & Property Damage Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Civil
Helton Lyndon
827 Highland Ave NE
Hickory, NC 28601
(828) 328-9966
Attorneys,  Accident & Property Damage Attorneys,  Criminal Law Attorneys,  Social Security & Disabi
Lyndon R. Helton
827 Highland Ave NE
Hickory, NC 28601
(828) 328-9966
Attorneys,  Criminal Law Attorneys,  Social Security & Disability Law Attorneys,  Accident & Propert
Sutton Martin Jean
314 Walnut St
Wilmington, NC 28401
(910) 772-9960
Attorneys Referral & Information Service, Attorneys
Lenell Meredith
53 N Market St
Asheville, NC 28801
(828) 687-9946
Attorneys
Mac Kenzie Law Firm
407 Summit St
Winston Salem, NC 27101
(336) 722-9944
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Rawlings Charles E Md/Atty
407 Summit St
Winston Salem, NC 27101
(336) 722-9944
Attorneys, Legal Service Plans
Criminal Defense Svc of Nc
500 S Benbow Rd
Greensboro, NC 27401
(336) 272-9941
Criminal Law Attorneys, Attorneys
The Oring Law Firm
313 Walnut St
Wilmington, NC 28401
(910) 763-9925
Criminal Law Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Personal Injury Law
Cartner & Cartner PA
7 Orchard St # 200
Asheville, NC 28801
(828) 252-9908
Attorneys,  General Practice Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Family Law A
Hayes, Melodi R PA
206 N 4th St
Wilmington, NC 28401
(910) 338-9904
Attorneys, Family Law Attorneys
Marshall Williams & Gorham
14 S 5th Ave
Wilmington, NC 28401
(910) 763-9891
Corporation & Partnership Law Attorneys, Attorneys, Business Law Attorneys, Legal Service Plans
Woodruff Ronald H
14 S 5th Ave
Wilmington, NC 28401
(910) 763-9891
Attorneys, Legal Service Plans
J W Bryant Law Firm
130 S Salisbury St
Raleigh, NC 27601
(919) 832-9890
Criminal Law Attorneys, Attorneys, General Practice Attorneys
J W Bryant Law Firm
16 W Martin St
Raleigh, NC 27601
(919) 832-9890
Criminal Law Attorneys, Attorneys, General Practice Attorneys
Poisson Jack
22 S Pack Sq
Asheville, NC 28801
(828) 252-9889
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Personal Injury Law
H Russell Vick & Associates P
421 Summit St
Winston Salem, NC 27101
(336) 725-9885
Attorneys, Social Security & Disability Law Attorneys, Legal Service Plans, Social Security Consulta
Kight Jr D Rodney
9 SW Pack Sq # 200
Asheville, NC 28801
(828) 255-9881
Attorneys
Kight Law Office
56 College Street, Suite 302
Asheville, NC 28801
(828) 255-9881
Attorneys, Business Law Attorneys
Kight Law Office
7 Orchard St
Asheville, NC 28801
(828) 255-9881
Attorneys, General Practice Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US