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 89121

Pros and Cons of Taxation as a Partnership in Zip Code 89121


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 NV Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 89121
Anthony & Anthony Enterprises
2785 E Desert Inn Rd
Las Vegas, NV 89121
(702) 836-9703
General Practice Attorneys
Attorney Recomindations
2950 E Flamingo Rd Ste G
Las Vegas, NV 89121
(702) 369-9614
Attorneys
Tanner Monte E Atty
2950 E Flamingo Rd
Las Vegas, NV 89121
(702) 369-9614
Attorneys
Lum Albert C
3430 E Flamingo Rd Ste 221
Las Vegas, NV 89121
(702) 458-9556
General Practice Attorneys, Attorneys, Immigration Law Attorneys
Jon Eric G
4455 S Pecos Rd Ste B
Las Vegas, NV 89121
(702) 898-9540
Attorneys, Legal Service Plans
Mark Nash Law Office Ltd
3135 S Mojave Rd Ste 235
Las Vegas, NV 89121
(702) 765-9506
General Practice Attorneys, Attorneys, Legal Service Plans
Birardi F William ESQ
3515 E Harmon Ave
Las Vegas, NV 89121
(702) 898-9145
Attorneys, Legal Service Plans
Grasso Robert
3515 E Harmon Ave
Las Vegas, NV 89121
(702) 898-9145
Attorneys
Lyles & Assoc
2785 E Desert Inn Rd
Las Vegas, NV 89121
(702) 878-8320
Attorneys
Nevada Quick Divorce
4760 S Pecos Rd
Las Vegas, NV 89121
(877) 787-8270
Family Law Attorneys, Attorneys, Divorce Assistance
Friedberg Craig B
3745 Edison Ave
Las Vegas, NV 89121
(702) 435-7968
Attorneys
Nevada Legal Forms
2799 E Tropicana Ave # H
Las Vegas, NV 89121
(702) 454-7899
Paralegals, Legal Forms, Office Equipment & Supplies
Craig B Friedberg Law Offices
4760 S Pecos Rd
Las Vegas, NV 89121
(702) 435-6659
Attorneys,  Legal Service Plans,  Consumer Law Attorneys,  County & Parish Government,  General Prac
A Better Way Divorce Service
3838 Raymert Dr
Las Vegas, NV 89121
(702) 384-6644
Divorce Attorneys, Family Law Attorneys, Divorce Assistance
Samson Equities
4760 S Pecos Rd
Las Vegas, NV 89121
(702) 966-6304
Attorneys, Insurance, Legal Service Plans
Tindall Jillian M
3838 Raymert Dr # 20
Las Vegas, NV 89121
(702) 688-5716
Attorneys
Nathan Gayle
3838 Raymert Dr
Las Vegas, NV 89121
(702) 688-5649
Attorneys
Crowe Thomas E
4520 S Pecos Rd Ste 4
Las Vegas, NV 89121
(702) 878-4650
Attorneys
Coyne Patricia J
3225 McLeod Dr
Las Vegas, NV 89121
(702) 873-4214
Attorneys, Legal Service Plans
Koch, Richard A
4520 S Pecos Rd Ste 4
Las Vegas, NV 89121
(702) 451-3900
Attorneys,  Personal Injury Law Attorneys,  Probate Law Attorneys,  Accident & Property Damage Attor
Ales, Barney C - Goold Patterson Ales & Day
4496 S Pecos Rd
Las Vegas, NV 89121
(702) 436-2600
Attorneys,  Real Estate Attorneys,  General Practice Attorneys,  Legal Service Plans
Day Bryan K
4496 S Pecos Rd
Las Vegas, NV 89121
(702) 436-2600
Attorneys
Briggs Michelle
4496 S Pecos Rd
Las Vegas, NV 89121
(702) 436-2600
Attorneys, Legal Service Plans
Rondeau Thomas
4496 S Pecos Rd
Las Vegas, NV 89121
(702) 436-2600
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US