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 Fairmount City, PA

Pros and Cons of Taxation as a Partnership in Fairmount City, 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 Fairmount City, PA
Beroes Elizabeth
4054 Penn Ave
Pittsburgh, PA 15224
(412) 621-6811
General Practice Attorneys, Attorneys, Legal Service Plans
Ben Thanh Svc Ctr
5520 Whitaker Ave
Philadelphia, PA 19124
(215) 743-6536
Immigration Law Attorneys, Attorneys, Immigration & Naturalization Consultants
John M Kish Esq
330 Garnet Way
Pittsburgh, PA 15224
(412) 391-6442
Attorneys
Henry Debra L the Law Ofc
604 Logan Pl
Confluence, PA 15424
(814) 395-5951
General Practice Attorneys, Attorneys
Lacheen and Lacheen
4223 Frankford Ave
Philadelphia, PA 19124
(215) 535-5800
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Frantz C Gregory
476 Hugart St
Confluence, PA 15424
(814) 395-5788
Estate Planning Attorneys, Attorneys, Legal Service Plans
Brann, Williams, Caldwell & Sheetz
120 Troy St
Canton, PA 17724
(570) 673-5495
Accident & Property Damage Attorneys,  Attorneys,  Real Estate Attorneys,  Legal Service Plans
Brann Gerald
120 Troy St
Canton, PA 17724
(570) 673-5495
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Divorce Center
1315 Foulkrod St
Philadelphia, PA 19124
(215) 914-5376
Child Custody Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys
Barrett III Patrick J
17 Troy St
Canton, PA 17724
(570) 673-5180
Attorneys,  Abstracters,  Social Security & Disability Law Attorneys,  Accident & Property Damage At
Galluzzi Richard
1065 8th Ave
Brockway, PA 15824
(814) 268-4703
Employee Benefits & Worker Compensation Attorneys
Lepley Engelman & Yaw (attys)
112 Troy St
Canton, PA 17724
(570) 673-4081
Attorneys,  Criminal Law Attorneys,  Divorce Attorneys,  Personal Injury Law Attorneys,  Employee Be
Lepley Engelman & Yaw
238 Troy St
Canton, PA 17724
(570) 673-4081
Corporation & Partnership Law Attorneys,  Legal Service Plans,  Attorneys,  Family Law Attorneys,  A
Michael A Etkin & Associate
4961 Oxford Ave
Philadelphia, PA 19124
(215) 486-3849
Attorneys,  Labor & Employment Law Attorneys,  Personal Injury Law Attorneys,  Employee Benefits & W
Etkin Michael A
4961 Oxford Ave
Philadelphia, PA 19124
(215) 486-3849
Attorneys, Accident & Property Damage Attorneys, Wills, Trusts & Estate Planning Attorneys, Corporat
James V Senape Jr Law Offices
612 Main St
Freeland, PA 18224
(570) 636-3133
Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Real Estate Attorneys,  Personal Injury L
Mc Aleer Joseph
16 Corson Dr
Lake Harmony, PA 18624
(570) 722-2525
Attorneys
Ferraro R Edward
690 Main St
Brockway, PA 15824
(814) 268-2202
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
William A Weiler Law Office
4762 Liberty Ave
Pittsburgh, PA 15224
(412) 904-2028
General Practice Attorneys, Legal Service Plans, Attorneys
Academy Law Center
4961 Oxford Ave
Philadelphia, PA 19124
(215) 535-2009
General Practice Attorneys, Attorneys, Legal Service Plans
Dudinyak Richard
515 Centre St
Freeland, PA 18224
(570) 636-1944
Attorneys, Legal Service Plans
Maier Jr Albert F
820 Main St
Freeland, PA 18224
(570) 636-1140
Attorneys, General Practice Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US