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 Bensalem, PA

Pros and Cons of Taxation as a Partnership in Bensalem, PA


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 Bensalem, PA
Lamm Anthony L
3325 Street Rd
Bensalem, PA 19020
(215) 638-9330
Attorneys, Legal Service Plans
Lefkowitz Larry H
4802 Neshaminy Blvd # 5
Bensalem, PA 19020
(215) 750-9202
Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Legal Service Plans,  Insurance A
The Swain Law Firm
2410 Bristol Rd
Bensalem, PA 19020
(856) 558-9069
Attorneys,  Civil Litigation & Trial Law Attorneys,  Business Law Attorneys,  Personal Injury Law At
Lacks Stanton M
3220 Tillman Dr Ste 114
Bensalem, PA 19020
(215) 245-8440
Bankruptcy Law Attorneys, Attorneys, General Practice Attorneys
Applebaum and Associates
3910 Bristol Pike
Bensalem, PA 19020
(215) 245-8222
Attorneys,  Personal Injury Law Attorneys,  Criminal Law Attorneys,  Employee Benefits & Worker Comp
Pitt Larry
1928 Bristol Pike
Bensalem, PA 19020
(215) 245-8190
Attorneys, Corporation & Partnership Law Attorneys, Legal Service Plans, Employee Benefits & Worker
Emeka Igwe
1500 Walnut Ave Ste 700,
Bensalem, PA 19020
(877) 758-7842
Criminal Law Attorneys
Paul H Young Associate
3554 Hulmeville Rd,Ste 102
Bensalem, PA 19020
(267) 483-7549
24 Hours A Day, 24 Hours 7 Days
Michael J. Mueller
3220 Tillman Dr Ste 201
Bensalem, PA 19020
(267) 934-7248
Social Security & Disability Law Attorneys, Attorneys, Labor & Employment Law Attorneys, Corporation
De Simone Joseph M
1928 Bristol Pike
Bensalem, PA 19020
(215) 633-7080
General Practice Attorneys, Attorneys, Legal Service Plans
The Sampat Law Firm
1340 Street Rd
Bensalem, PA 19020
(215) 268-6520
Attorneys, Business Law Attorneys, Civil Litigation & Trial Law Attorneys
Salmon William R Jr
5526 Hulmeville Rd
Bensalem, PA 19020
(215) 639-5580
Attorneys, Legal Service Plans
Aaaa Bensalem NE Law Ofc
3554 Hulmeville Rd
Bensalem, PA 19020
(215) 639-5297
General Practice Attorneys, Attorneys, Legal Service Plans
A AAA Bucks Bankruptcy Ctr
3554 Hulmeville Rd
Bensalem, PA 19020
(215) 639-5297
Bankruptcy Law Attorneys,  Attorneys,  Bankruptcy Services,  Legal Service Plans
Smith & Smith
3070 Bristol Pike Ste 112
Bensalem, PA 19020
(215) 638-4876
Legal Service Plans,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Labor & Employment
Taj Rana M
1950 Street Rd Ste 317
Bensalem, PA 19020
(215) 638-4777
General Practice Attorneys, Attorneys
Jafar Law Office LLC
501 Cambria Ave
Bensalem, PA 19020
(267) 702-4665
Attorneys, Bankruptcy Law Attorneys, Immigration Law Attorneys
Walder & Zaslow
3331 Street Rd Ste 115
Bensalem, PA 19020
(215) 245-4600
Divorce Attorneys, Family Law Attorneys, Attorneys
Marshall Kresman & Assoc
1950 Street Rd Ste 103
Bensalem, PA 19020
(215) 752-4600
Personal Injury Law Attorneys, Insurance Attorneys, Attorneys
Rothberg and Federman
3103 Hulmeville Rd Suite 200 Suite 200
Bensalem, PA 19020
(215) 244-4224
Personal Injury Law Attorneys,  Attorneys,  Legal Service Plans,  Real Estate Attorneys,  Estate Pla
Goldstein Dorian
2410 Bristol Rd
Bensalem, PA 19020
(484) 326-2530
Attorneys, Legal Service Plans, Personal Injury Law Attorneys, Wrongful Death Attorneys, Medical Mal
Dorian Goldstein Wisniewski & Orchinik PC
2410 Bristol Rd
Bensalem, PA 19020
(484) 326-2530
Attorneys,  Personal Injury Law Attorneys,  Wrongful Death Attorneys,  Medical Malpractice Attorneys
Wood & Floge
2246 Bristol Pike
Bensalem, PA 19020
(215) 639-1776
General Practice Attorneys, Attorneys, Legal Service Plans
Debias Robert M
2246 Bristol Pike
Bensalem, PA 19020
(215) 639-1776
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US