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 18940

Pros and Cons of Taxation as a Partnership in Zip Code 18940


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 PA Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 18940
Orsen Law Offices
41 University Dr # 400
Newtown, PA 18940
(215) 321-9600
Insurance Attorneys,  Attorneys,  Criminal Law Attorneys,  Labor & Employment Law Attorneys,  Social
Katzenstein Robert L
432 Parkview Way
Newtown, PA 18940
(215) 968-9394
Attorneys
Gilbert Office Limited
251 Thompson Mill Rd
Newtown, PA 18940
(215) 598-8950
General Practice Attorneys
Gordon Patricia
4 Terry Dr # 4
Newtown, PA 18940
(215) 860-8200
General Practice Attorneys, Attorneys, Legal Service Plans
Liebmann Jeffrey A
4 Terry Dr # 4
Newtown, PA 18940
(215) 860-8200
Attorneys, Family Law Attorneys, Divorce Attorneys, Legal Service Plans
New Leaf Mediation Group
41 University Dr Suite 400
Newtown, PA 18940
(877) 346-8092
Child Custody Attorneys,  Divorce Attorneys,  Family Law Attorneys,  General Practice Attorneys,  Ar
Rauer Paul W
12 Terry Dr # 105
Newtown, PA 18940
(215) 968-7300
Attorneys, General Practice Attorneys, Legal Service Plans
Rickles Marc I
626 S State St
Newtown, PA 18940
(215) 968-6602
Estate Planning Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Atto
Swartz and Culleton, PC
133 N State St
Newtown, PA 18940
(215) 550-6553
Personal Injury Law Attorneys, Attorneys, Legal Service Plans
Sheena Bediako Law Office
234 S State St
Newtown, PA 18940
(215) 550-6044
General Practice Attorneys, Attorneys
Smolow Ronald Jay
3 3 Ponds Ln
Newtown, PA 18940
(267) 364-5633
Attorneys Referral & Information Service, Attorneys, Legal Service Plans
Sellers Michael T
234 S State St
Newtown, PA 18940
(215) 860-5475
Attorneys, Legal Service Plans
Woodward Lisa D ESQ
2 N State St
Newtown, PA 18940
(215) 968-4700
General Practice Attorneys, Attorneys
Stuckert & Yates
2 N State St
Newtown, PA 18940
(215) 968-4700
Estate Planning Attorneys, Attorneys, Business Law Attorneys, Real Estate Attorneys, Personal Injury
New Hope Divorce Mediation
118 North State Street
Newtown, PA 18940
(855) 222-4673
Divorce Assistance,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Mediation Services
Stanton C Kelton III Law Ofc
13 S Sycamore St
Newtown, PA 18940
(215) 968-4010
Attorneys, Legal Service Plans
Classetti Peter J
547 Washington Ave
Newtown, PA 18940
(215) 968-3900
Attorneys
Maselli Warren PC
301 S State St # N103
Newtown, PA 18940
(267) 352-3427
General Practice Attorneys, Attorneys, Legal Service Plans
Christopher J Brill, Esq
301 S State Street, Suite N105
Newtown, PA 18940
(215) 860-2500
Accident & Property Damage Attorneys,  Automobile Accident Attorneys,  Personal Injury Law Attorneys
Hudachek Diane S
192 N Chancellor St
Newtown, PA 18940
(215) 579-2214
Attorneys, Legal Service Plans
Rubens Brad
3 Stoneybrook Rd
Newtown, PA 18940
(610) 355-1996
General Practice Attorneys, Legal Service Plans, Attorneys
All State Indurance
5 N Sycamore St
Newtown, PA 18940
(267) 728-1559
Attorneys,  Renters Insurance,  Insurance,  Homeowners Insurance,  Auto Insurance,  Life Insurance
Goldman Thomas F
138 N State St
Newtown, PA 18940
(215) 860-1100
Attorneys, Legal Service Plans
Itkoff David F
793 Penns Park Rd
Newtown, PA 18940
(215) 598-0900
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US