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 Concordville, PA

Pros and Cons of Taxation as a Partnership in Concordville, 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 Concordville, PA
Gregory David M
307 Erie St
Honesdale, PA 18431
(570) 251-9960
Attorneys, Legal Service Plans
Crabbs Muriel A
202 Broadway
Hanover, PA 17331
(717) 637-9799
Attorneys, Legal Service Plans
Bunting Caprice H
180 W Main St
Leola, PA 17540
(717) 656-9783
Divorce Attorneys, Attorneys, Family Law Attorneys, General Practice Attorneys
Becker Jr Arthur J
544 Carlisle St
Hanover, PA 17331
(717) 630-9688
Attorneys
Myers, John J Adams & Myers
1416 Lincoln Way
White Oak, PA 15131
(412) 672-9644
Estate Planning Attorneys,  Attorneys,  Legal Service Plans,  Real Estate Attorneys,  Personal Injur
Smorto Persio Webb & McGill Attorneys
129 S Center St
Ebensburg, PA 15931
(814) 472-9603
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Divorce Attorneys,  Pers
Smorto Persio Webb & Mcgill
129 S Center St
Ebensburg, PA 15931
(814) 472-9603
Accident & Property Damage Attorneys, Attorneys, General Practice Attorneys, Legal Service Plans, Pe
Orsen Law Offices
41 University Dr # 400
Newtown, PA 18940
(215) 321-9600
Insurance Attorneys,  Attorneys,  Criminal Law Attorneys,  Labor & Employment Law Attorneys,  Social
Cashman & O'Donnell PC
141 Broadway # 230
Hanover, PA 17331
(717) 632-9580
Legal Service Plans,  Attorneys,  General Practice Attorneys,  Title Companies
Best & Associates
14 S Main St Ste 102S
Pittston, PA 18640
(570) 212-9515
General Practice Attorneys, Attorneys, Criminal Law Attorneys, Accident & Property Damage Attorneys,
Best & Associates LLC
14 S Main St Ste 200
Pittston, PA 18640
(570) 212-9515
Social Security & Disability Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Accident & Propert
Shovlin George F
81 S Main St # B
Pittston, PA 18640
(570) 602-9500
Attorneys, General Practice Attorneys
Katzenstein Robert L
432 Parkview Way
Newtown, PA 18940
(215) 968-9394
Attorneys
Gates & Gates PC
250 York St
Hanover, PA 17331
(877) 635-9170
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Probate Law Attorney
MedFacts STAT! Medical Legal Consulting Services
2506 Mohawk Drive
Mckeesport, PA 15131
(412) 478-9130
Paralegals, Consultants Referral Service, Nurses
Beautyman Michael
1201 Bethlehem Pike
Flourtown, PA 19031
(215) 836-9115
Attorneys, Legal Service Plans
Palkovitz Barry
1966 Lincoln Way
White Oak, PA 15131
(412) 678-9000
Attorneys, Personal Injury Law Attorneys, Criminal Law Attorneys, Real Estate Attorneys, Estate Plan
Palkovitz Law Office
1966 Lincoln Way # 200
White Oak, PA 15131
(412) 678-9000
Attorneys,  Criminal Law Attorneys,  Real Estate Attorneys,  Personal Injury Law Attorneys,  Estate
Palovitz Barry J
1966 Lincoln Way
White Oak, PA 15131
(412) 678-9000
Attorneys, Personal Injury Law Attorneys, Criminal Law Attorneys, Real Estate Attorneys, Estate Plan
Gilbert Office Limited
251 Thompson Mill Rd
Newtown, PA 18940
(215) 598-8950
General Practice Attorneys
Barley Snyder LLC
14 Center Sq
Hanover, PA 17331
(866) 359-8851
Attorneys, Real Estate Attorneys, Legal Service Plans
Mills Carin
2204 Richmond Rd
Easton, PA 18040
(610) 559-8600
Attorneys
Palazzo Richard J Atty
342 E Main St
Leola, PA 17540
(717) 656-8588
Attorneys
Young & Young
342 E Main St Ste 203
Leola, PA 17540
(717) 656-8588
Corporation & Partnership Law Attorneys, Attorneys, Wills, Trusts & Estate Planning Attorneys, Gener
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US