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 Georgetown, PA

Pros and Cons of Taxation as a Partnership in Georgetown, 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 Georgetown, PA
Hurtt John
682 Tunkhannock Ave
Exeter, PA 18643
(570) 654-9998
Social Security & Disability Law Attorneys, Attorneys, Real Estate Attorneys, Legal Service Plans
Zucker Patricia C
635 N 12th St # 101
Lemoyne, PA 17043
(717) 724-9821
Attorneys, Criminal Law Attorneys, Family Law Attorneys, Legal Service Plans, Bankruptcy Law Attorne
Daley Zucker Meilton Miner LLC
635 N 12th St
Lemoyne, PA 17043
(717) 724-9821
Estate Planning Attorneys,  Attorneys,  Family Law Attorneys,  Bankruptcy Law Attorneys
Diamond Robert L
4900 Cedar Ave # 3A
Philadelphia, PA 19143
(215) 471-9700
General Practice Attorneys, Attorneys
Gates Lowell R
1013 Mumma Rd Ste 100
Lemoyne, PA 17043
(717) 731-9600
Attorneys, Legal Service Plans
Gates Halbruner Hatch & Guise PC
1013 Mumma Rd
Lemoyne, PA 17043
(717) 731-9600
Wills, Trusts & Estate Planning Attorneys, Attorneys, Elder Law Attorneys, Legal Service Plans
Snook Cory J
1013 Mumma Rd Ste 100
Lemoyne, PA 17043
(717) 731-9600
Bankruptcy Law Attorneys, Attorneys
Perry, Judson B Perry & Baumbach PC
1035 Mumma Rd Ste 201
Lemoyne, PA 17043
(717) 737-9240
Corporation & Partnership Law Attorneys, Attorneys, Legal Service Plans, Employee Benefits & Worker
Clark & Krevsky
20 Erford Rd
Lemoyne, PA 17043
(717) 731-8600
Attorneys, General Practice Attorneys, Legal Service Plans, Labor & Employment Law Attorneys
Kulick Law Firm
1701 Wyoming Ave
Exeter, PA 18643
(570) 299-7883
General Practice Attorneys, Attorneys, Legal Service Plans
Honberger, Jansen M Gibble & Honberger PC
126 E Main St
Lititz, PA 17543
(717) 626-7778
Accident & Property Damage Attorneys,  Attorneys,  Family Law Attorneys,  Probate Law Attorneys,  El
Norfleet & Lafferty
1300 Market St
Lemoyne, PA 17043
(717) 737-7574
Accident & Property Damage Attorneys,  Attorneys,  Labor & Employment Law Attorneys,  Corporation &
Demartino James E
62 Highland Ct
Mount Bethel, PA 18343
(570) 897-6645
General Practice Attorneys, Attorneys
Straka & Gustine
435 Beaver St
Sewickley, PA 15143
(412) 741-6000
General Practice Attorneys, Attorneys, Legal Service Plans
Cefalo Michael J
309 Wyoming Ave
West Pittston, PA 18643
(570) 655-5555
Attorneys,  Malpractice Law Attorneys,  Accident & Property Damage Attorneys,  Corporation & Partner
Cybrid Inc
1017 Mumma Rd Ste 105
Lemoyne, PA 17043
(717) 541-5541
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
Anderson William
700 Bower Hill Rd
Pittsburgh, PA 15243
(412) 571-5069
Attorneys, Legal Service Plans
Pierson Shawn M
105 E Oregon Rd
Lititz, PA 17543
(717) 560-4966
Attorneys, Elder Law Attorneys, Wills, Trusts & Estate Planning Attorneys, General Practice Attorney
Goehring Rutter and Boehm
2100 Georgetown Dr
Sewickley, PA 15143
(724) 935-4777
General Practice Attorneys, Attorneys, Legal Service Plans
Michael Cherewka Law Offices
624 N Front St
Lemoyne, PA 17043
(717) 232-4701
General Practice Attorneys,  Attorneys,  Legal Service Plans,  Attorneys Referral & Information Serv
Keith N Jordan
5834 Walton Ave
Philadelphia, PA 19143
(215) 474-4625
General Practice Attorneys
Peel Greevy Melissa
301 Market St # 2
Lemoyne, PA 17043
(717) 761-4540
Mediation Services, Attorneys
Blazosek Joseph M Atty
341 Wyoming Ave Ste 9
West Pittston, PA 18643
(570) 655-4445
Attorneys,  Criminal Law Attorneys,  Estate Planning, Probate, & Living Trusts,  Social Security &
Menn Stephen Attorney
225 Wyoming Ave
West Pittston, PA 18643
(570) 654-4441
Social Security & Disability Law Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US