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 Duquesne, PA

Pros and Cons of Taxation as a Partnership in Duquesne, 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 Duquesne, PA
Palange Dawn M L
200 Spring Ridge Dr # 205
Reading, PA 19610
(610) 685-9960
Family Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Attorneys
Robert Mirin
2515 N Front St Ste 1
Harrisburg, PA 17110
(717) 909-9900
General Practice Attorneys, Attorneys
Alderfer Jennifer R
845 N Park Rd Ste 101
Reading, PA 19610
(610) 372-9900
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Case Dexter K
845 N Park Rd Ste 101
Reading, PA 19610
(610) 372-9900
General Practice Attorneys, Attorneys
Case Di Giamberardino & Lutz
845 N Park Rd Ste 101
Reading, PA 19610
(610) 372-9900
Attorneys,  Legal Service Plans,  Bankruptcy Services,  Management Consultants,  Bankruptcy Law Atto
Lutz George M
845 N Park Rd Ste 101
Reading, PA 19610
(610) 372-9900
Bankruptcy Law Attorneys, Attorneys, Legal Service Plans
Von Vital Todd M Attorney
200 Spring Ridge Dr Ste 202
Reading, PA 19610
(610) 939-9866
General Practice Attorneys, Attorneys, Legal Service Plans
Freeburn & Hamilton, P.C.
2040 Linglestown Rd
Harrisburg, PA 17110
(717) 265-9822
Automobile Accident Attorneys,  Accident & Property Damage Attorneys,  Attorneys,  Employee Benefits
Gallagher Terrence V
416 Jefferson Ave
Scranton, PA 18510
(570) 347-9816
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans
Nichole M Staley O'Gorman
1820 Linglestown Rd
Harrisburg, PA 17110
(717) 236-9777
Attorneys,  Divorce Attorneys,  Mediation Services,  Child Support Collections,  Divorce Assistance,
Benjamin Hess
1408 Penn Ave
Reading, PA 19610
(610) 376-9736
Attorneys, Real Estate Attorneys, Insurance Attorneys, Product Liability Law Attorneys, Litigation &
Caldwell & Kearns Pc
3631 N Front St
Harrisburg, PA 17110
(717) 686-9592
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Banking & Mortgage L
Caldwell & Kearns (Douglas K. Marsico)
3631 N Front St
Harrisburg, PA 17110
(717) 686-9592
Attorneys,  Criminal Law Attorneys,  Drug Charges Attorneys,  Traffic Law Attorneys,  Legal Service
Altland, P Daniel - Caldwell & Kearns
3631 N Front St
Harrisburg, PA 17110
(717) 686-9592
Corporation & Partnership Law Attorneys,  Attorneys,  Family Law Attorneys,  Real Estate Attorneys,
Placey Richard L
3631 N Front St
Harrisburg, PA 17110
(717) 236-9577
General Practice Attorneys, Attorneys
Vance Jr Robert T
100 S Broad St # 1530
Philadelphia, PA 19110
(215) 557-9550
Vance Robert
100 S Broad St # 2230
Philadelphia, PA 19110
(215) 557-9550
Attorneys, DUI & DWI Attorneys, General Practice Attorneys, Legal Service Plans
Mancke John B
2233 N Front St
Harrisburg, PA 17110
(717) 686-9395
Criminal Law Attorneys, DUI & DWI Attorneys, Attorneys
Navitsky Olson & Wisneski
2040 Linglestown Rd Ste 303
Harrisburg, PA 17110
(717) 541-9205
Insurance Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Legal Service Plans
Andrascik Allen
2601 Darlington Rd
Beaver Falls, PA 15010
(724) 846-9188
Attorneys, Legal Service Plans
Serratelli Schiffman Brown & Calhoon PC
2080 Linglestown Rd Ste 101
Harrisburg, PA 17110
(717) 540-9170
Social Security & Disability Law Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,  E
Serratelli, Lori K - Serratelli Schiffman Brown Cal
2080 Linglestown Rd Ste 201
Harrisburg, PA 17110
(717) 540-9170
Attorneys, Criminal Law Attorneys, Family Law Attorneys, Divorce Attorneys, Social Security & Disabi
Marcin Frank A
811 Mulberry St
Scranton, PA 18510
(570) 347-9050
General Practice Attorneys, Attorneys, Legal Service Plans
Marcmn Law Office
811 Mulberry St
Scranton, PA 18510
(570) 347-9050
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US