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 Alamo, NV

Pros and Cons of Taxation as a Partnership in Alamo, NV


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 Alamo, NV
Jeanney William C
6900 South McCarran Bl
Reno, NV 89501
(775) 335-9999
Attorneys
Smith James C
36 Stewart St
Reno, NV 89501
(775) 329-9994
General Practice Attorneys, Attorneys
Smith Marshall S
36 Stewart St
Reno, NV 89501
(775) 329-9994
Attorneys, General Practice Attorneys
Tingey & Tingey Law Firm
2425 E McWilliams Ave
Las Vegas, NV 89101
(702) 385-9991
General Practice Attorneys, Attorneys
William Cole
19 E William St Statin
Carson City, NV 89701
(775) 883-9988
General Practice Attorneys, Attorneys, Legal Service Plans
CRAIG W. DRUMMOND, ATTORNEY-AT-LAW
228 South Fourth St., First Floor
Las Vegas, NV 89101
(702) 366-9966
Accident & Property Damage Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  Personal Injur
Peter C Nuttall
601 S 10th St
Las Vegas, NV 89101
(702) 789-9941
Attorneys, Attorneys Referral & Information Service, General Practice Attorneys
Nuttall Peter
601 S 10th St
Las Vegas, NV 89101
(702) 789-9941
General Practice Attorneys, Attorneys, Attorneys Referral & Information Service
Mowbray Jerry H Lawyer
150 Ridge St
Reno, NV 89501
(775) 322-9935
Attorneys,  Personal Injury Law Attorneys,  Accident & Property Damage Attorneys,  Malpractice Law A
Drummond Law PC
228 S 4th St
Las Vegas, NV 89101
(702) 366-9911
Accident & Property Damage Attorneys, Legal Service Plans, Attorneys
C L Law Firm
255 E Bonneville Ave
Las Vegas, NV 89101
(702) 685-9909
Attorneys
Logan Gary
300 S 4th St # 701
Las Vegas, NV 89101
(702) 385-9900
Attorneys, Legal Service Plans
Affordable Paralegal & Divorce
200 S. Virginia #800
Reno, NV 89501
(775) 852-9888
Paralegals, Bankruptcy Services, Adoption Services, Divorce Assistance, Legal Document Assistance
Marvel & Kump LTD
217 Idaho St
Elko, NV 89801
(775) 738-9881
Attorneys, Legal Service Plans
Kidwell & Bradshaw Ltd
790 Commercial St
Elko, NV 89801
(775) 738-9877
Attorneys,  Personal Injury Law Attorneys,  Employment Opportunities,  Insurance,  General Practice
Right Lawyers
725 S 8th St Suite 200
Las Vegas, NV 89101
(702) 625-9846
Personal Injury Law Attorneys,  Divorce Attorneys,  Adoption Law Attorneys,  Attorneys,  Family Law
Ludwig & Beasley Law Office
330 S 3rd St
Las Vegas, NV 89101
(702) 383-9830
Attorneys
Gallo Law Office
818 S Casino Center Blvd
Las Vegas, NV 89101
(702) 509-9820
Attorneys
Law Office Jonathan Schulman
201 Las Vegas Blvd S
Las Vegas, NV 89101
(702) 489-9800
Attorneys
Perry Craig K
233 S 4th St
Las Vegas, NV 89101
(702) 384-9800
Attorneys
Schulman Jonathan
721 S 6th St
Las Vegas, NV 89101
(702) 489-9800
Attorneys
Kent Law- Stephen Kent
201 W Liberty St
Reno, NV 89501
(775) 324-9800
Transportation Law Attorneys,  Civil Litigation & Trial Law Attorneys,  Business Litigation Attorney
Benson and Bingham - Las Vegas Accident Attorneys
626 S 10th St
Las Vegas, NV 89101
(702) 382-9797
Personal Injury Law Attorneys, Attorneys, Attorneys Referral & Information Service
Sorenson R Paul
513 S 6th St
Las Vegas, NV 89101
(702) 384-9797
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US