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 03063

Pros and Cons of Taxation as a Partnership in Zip Code 03063


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 NH Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 03063
Howard Lee Schiff Law Offices
154 Broad St
Nashua, NH 03063
(603) 598-9991
Attorneys, General Practice Attorneys
Rath Young and Pignatelli Pl
20 Trafalgar Sq Ste 307
Nashua, NH 03063
(603) 889-9952
Attorneys
Ann McLane Kuster
20 Trafalgar Sq
Nashua, NH 03063
(603) 889-9952
Attorneys
Pignatelli Michael A
20 Trafalgar Sq # 307
Nashua, NH 03063
(603) 889-9952
Attorneys
Mc Laughlin Shane A
89 Perimeter Rd
Nashua, NH 03063
(603) 883-9290
Attorneys, General Practice Attorneys, Legal Service Plans
Prunier Gerald R
20 Trafalgar Sq # 626
Nashua, NH 03063
(603) 883-8900
Attorneys, Legal Service Plans
Kelly Law PLLC
20 Trafalgar Sq
Nashua, NH 03063
(855) 738-8790
Civil Litigation & Trial Law Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Bankruptcy Serv
Dennis C. Hogan, P
491 Amherst St Ste 22
Nashua, NH 03063
(603) 886-8700
Attorneys, Criminal Law Attorneys
Donchess & Notinger
547 Amherst St # 204
Nashua, NH 03063
(603) 886-7266
Personal Injury Law Attorneys, Litigation & Tort Attorneys, Attorneys
Christopher W Kelley Law Ofc
491 Amherst St # 22F
Nashua, NH 03063
(603) 889-7188
Attorneys, General Practice Attorneys, Legal Service Plans
Kiely Michael J
20 Trafalgar Sq
Nashua, NH 03063
(603) 598-6490
Attorneys
Rardin David
547 Amherst St # 300
Nashua, NH 03063
(603) 886-6100
Attorneys
Maine Vern
547 Amherst St # 300
Nashua, NH 03063
(603) 886-6100
Attorneys, Patent, Trademark & Copyright Law Attorneys
Maine Cernota & Rardin
547 Amherst St., 3rd. Floor
Nashua, NH 03063
(603) 886-6100
Attorneys, Patent, Trademark & Copyright Law Attorneys
Cernota Andrew
547 Amherst St # 300
Nashua, NH 03063
(603) 886-6100
Attorneys
Goffwilson PA
20 Trafalgar Sq
Nashua, NH 03063
(603) 589-4018
Attorneys, Legal Service Plans
William M Gillen Law Office
20 Trafalgar Sq
Nashua, NH 03063
(603) 882-3223
Attorneys,  Bankruptcy Services,  Bankruptcy Law Attorneys,  General Practice Attorneys,  Legal Serv
Deming Law Office
491 Amherst St # 22
Nashua, NH 03063
(603) 882-2189
Attorneys
Washburn John
99 Pine Hill Rd Ste 660
Nashua, NH 03063
(603) 821-1861
Attorneys, Legal Service Plans
Beasley & Ferber
20 Trafalgar Sq # 461
Nashua, NH 03063
(603) 598-1318
Attorneys, Legal Service Plans
Ferber David H
20 Trafalgar Sq # 461
Nashua, NH 03063
(603) 598-1318
Attorneys
Farrell Associates
20 Trafalgar Sq # 404
Nashua, NH 03063
(603) 880-0999
Attorneys, Legal Service Plans
Shapiro Leonard P
39 Dublin Ave
Nashua, NH 03063
(603) 883-0920
Attorneys
Abramson Reis Brown & Dugan
20 Trafalgar Sq
Nashua, NH 03063
(603) 886-0308
Attorneys, General Practice Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US