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 11791

Pros and Cons of Taxation as a Partnership in Zip Code 11791


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 NY Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 11791
Moore Johnathan A
35 Roosevelt Ave
Syosset, NY 11791
(516) 682-8286
Attorneys, General Practice Attorneys
Simmons Jannace Stagg
75 Jackson Ave Ste 100
Syosset, NY 11791
(516) 357-8100
Attorneys, Legal Service Plans
George T Lewis Jr PC
35 Roosevelt Ave
Syosset, NY 11791
(516) 496-7828
General Practice Attorneys, Attorneys
Depo Giorgio Depo
115 Eileen Way Ste 103A
Syosset, NY 11791
(516) 921-7541
Attorneys, Legal Service Plans
Theodore Fortunato Jr
6800 Jericho Tpke Ste 108W
Syosset, NY 11791
(516) 297-7344
Real Estate Attorneys, Legal Service Plans
Alan B Pearl & Assoc Pc
6800 Jericho Tpke Ste 218E
Syosset, NY 11791
(516) 921-6645
Attorneys,  Labor & Employment Law Attorneys,  Arbitration Services,  Arbitration & Mediation Attorn
Amcind Corp
6900 Jericho Tpke # 208W
Syosset, NY 11791
(516) 584-6127
Attorneys, Legal Service Plans
Beer Stephen
6800 Jericho Tpke
Syosset, NY 11791
(516) 393-5980
Attorneys
Cook Michael
6800 Jericho Tpke Ste 116W
Syosset, NY 11791
(516) 393-5832
Attorneys, Legal Service Plans
Bierman IRA Atty
485 Underhill Blvd Ste 103
Syosset, NY 11791
(516) 482-5777
Family Law Attorneys, Attorneys, Legal Service Plans
Waldhauser Jay
485 Underhill Blvd # 200
Syosset, NY 11791
(516) 802-5402
General Practice Attorneys, Attorneys
New York Divorce Mediation Group
6800 Jericho Tpke, Suite 120 West
Syosset, NY 11791
(516) 749-5017
Divorce Attorneys, Divorce Assistance
A Basic Legal Svc
16 Donald Dr
Syosset, NY 11791
(516) 921-4898
Legal Service Plans,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Arbitration Services,  
Kroll
115 Eileen Way
Syosset, NY 11791
(516) 224-4443
Civil Litigation & Trial Law Attorneys, Attorneys, Accident & Property Damage Attorneys, Real Estate
Tara A Maher
118 Jackson Ave
Syosset, NY 11791
(516) 802-3690
Attorneys
Anthony J. Colleluori & Associates, PLLC
6800 Jericho Tpke Suite 208 E
Syosset, NY 11791
(516) 741-3400
Personal Injury Law Attorneys, Attorneys, Criminal Law Attorneys
Peter T. Roach & Associates, P.C.
125 Michael Dr Ste 105
Syosset, NY 11791
(516) 938-3100
Bankruptcy Law Attorneys, Legal Service Plans, Attorneys
Silberstein Awad & Miklos PC
47 Spring Ct
Syosset, NY 11791
(516) 921-3023
General Practice Attorneys, Attorneys
Michael Angiulo & Assoc
6800 Jericho Tpke
Syosset, NY 11791
(516) 921-2077
Estate Planning Attorneys, Legal Service Plans, Attorneys
Peacemaker Divorce Mediation LLC
6800 Jericho Turnpike
Syosset, NY 11791
(631) 897-2066
Mediation Services,  Divorce Assistance,  Divorce Attorneys,  Family Law Attorneys,  Arbitration & M
Isler & Isler
25 Cambria Rd
Syosset, NY 11791
(516) 433-0404
Attorneys, General Practice Attorneys
Joseph & Terriaciano
2 Roosevelt Ave # 200
Syosset, NY 11791
(516) 496-0202
General Practice Attorneys, Attorneys
Teichner Howard
6800 Jericho Tpke # 120W
Syosset, NY 11791
(516) 938-0061
Criminal Law Attorneys, Attorneys, Family Law Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US