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 Scranton, PA

Pros and Cons of Taxation as a Partnership in Scranton, 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 Scranton, PA
AA Pisancyn Michael J Attorney
524 Spruce St
Scranton, PA 18503
(570) 327-9999
Accident & Property Damage Attorneys,  Attorneys,  Corporation & Partnership Law Attorneys,  Civil L
Jamie A Dench
410 Jefferson Ave
Scranton, PA 18505
(570) 558-9987
Accident & Property Damage Attorneys, Attorneys, Legal Service Plans
Giombetti Kim A
222 Wyoming Ave
Scranton, PA 18503
(570) 346-9929
Criminal Law Attorneys, Attorneys, Legal Service Plans
Mazzeo Frank A Attorney
327 N Washington Ave Ste 506
Scranton, PA 18503
(570) 341-9860
Collection Law Attorneys, Attorneys, Collection Agencies
Haggerty, McDonnell and O'Brien
203 Franklin Ave
Scranton, PA 18503
(570) 344-9845
Accident & Property Damage Attorneys, Attorneys, Labor & Employment Law Attorneys, Business Law Atto
Matthew T Comerford, Esq
205 N Washington Ave Suite 1
Scranton, PA 18503
(888) 959-9819
Attorneys,  Drug Charges Attorneys,  Personal Injury Law Attorneys,  Accident & Property Damage Atto
Gallagher Terrence V
416 Jefferson Ave
Scranton, PA 18510
(570) 347-9816
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans
Lenahan & Dempsey, P.C.
116 N Washington Ave Ste 400
Scranton, PA 18503
(570) 383-9699
Legal Service Plans,  Attorneys,  Labor & Employment Law Attorneys,  Civil Litigation & Trial Law At
Lenahan And Dempsey P.C.
116 N Washington Ave
Scranton, PA 18503
(570) 383-9699
Accident & Property Damage Attorneys,  Attorneys,  Civil Litigation & Trial Law Attorneys,  Personal
Employment Law Firm
312 Adams Ave
Scranton, PA 18503
(570) 963-9675
General Practice Attorneys, Attorneys
Josielevski Ben
116 N Washington Ave # 2J
Scranton, PA 18503
(570) 344-9633
Arbitration Services,  Attorneys,  Mediation Services,  Legal Service Plans
Murphy Patrick J
233 Penn Ave
Scranton, PA 18503
(570) 344-9444
Attorneys
Murphy Piazza & Genello P C Attorneys
233 Penn Ave
Scranton, PA 18503
(570) 344-9444
General Practice Attorneys, Attorneys, Legal Service Plans
Durkin Lawrence A
538 Spruce St # 800
Scranton, PA 18503
(570) 344-9440
Environment & Natural Resources Law Attorneys, Attorneys
Jones Jr Thomas J
410 Spruce St Ste 301
Scranton, PA 18503
(570) 342-9296
Gregorowicz James P
108 N Washington Ave # 705
Scranton, PA 18503
(570) 969-9050
Attorneys,  Family Law Attorneys,  Social Security & Disability Law Attorneys,  Wills, Trusts & Est
Greguorowigz Jamels Patt
108 N Washington Ave
Scranton, PA 18503
(570) 969-9050
Attorneys, Family Law Attorneys, Social Security & Disability Law Attorneys, Wills, Trusts & Estate
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
O'Malley Todd
201 Franklin Ave # 1
Scranton, PA 18503
(570) 253-9000
Attorneys, Social Security & Disability Law Attorneys, Corporation & Partnership Law Attorneys, Lega
Scacchitti Edmund Jdgn
400 Spruce St
Scranton, PA 18503
(570) 343-9000
General Practice Attorneys, Attorneys, Legal Service Plans
Coury John J
108 N Washington Ave # 300
Scranton, PA 18503
(570) 347-8951
Attorneys,  Accident & Property Damage Attorneys,  Employee Benefits & Worker Compensation Attorneys
Jensen Donald W
538 Spruce St # 730
Scranton, PA 18503
(570) 344-8723
Attorneys, Legal Service Plans
Affordable DUI
224 Adams Ave
Scranton, PA 18503
(570) 346-8700
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US