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 Zip Code 75202

Pros and Cons of Taxation as a Partnership in Zip Code 75202


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 TX Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 75202
Batten G Norman
501 Elm St
Dallas, TX 75202
(214) 752-9800
Attorneys, Legal Service Plans
Dallas
1717 McKinney Ave
Dallas, TX 75202
(469) 221-9537
Attorneys Referral & Information Service, Attorneys
Hines Eric W
900 Jackson St # 100
Dallas, TX 75202
(214) 712-9526
Attorneys
Criminal Defense Leighton D'antoni
900 Jackson St
Dallas, TX 75202
(214) 960-9360
Criminal Law Attorneys, Attorneys
Miley & Brown PC
705 Ross Ave (Historic West End In Downtown Dallas)
Dallas, TX 75202
(214) 692-8800
Administrative & Governmental Law Attorneys, Immigration Law Attorneys, Attorneys
Reznicek Joseph R
701 Commerce St
Dallas, TX 75202
(214) 651-8722
Attorneys, Legal Service Plans
Trial Solutions
1401 Elm St # 1920
Dallas, TX 75202
(214) 747-8200
Attorneys Referral & Information Service
Poirot, Rod L
900 Jackson St Ste 570
Dallas, TX 75202
(214) 748-8171
Bankruptcy Law Attorneys, Attorneys, Bankruptcy Services
Dunn Kacal Adams Pappas & Law
900 Jackson St
Dallas, TX 75202
(214) 651-8100
General Practice Attorneys, Attorneys
David Small
501 Elm St
Dallas, TX 75202
(214) 752-7797
General Practice Attorneys, Attorneys, Legal Service Plans
Estrada Law PLLC
600 Jackson St
Dallas, TX 75202
(972) 481-7777
Immigration Law Attorneys, Attorneys, Criminal Law Attorneys
Needham & Vernone
1412 Main St # 1400
Dallas, TX 75202
(214) 741-7447
General Practice Attorneys, Attorneys, Legal Service Plans
Kazdoy, Alan C
701 Commerce St Ste. 400
Dallas, TX 75202
(214) 752-7424
General Practice Attorneys, Attorneys, Legal Service Plans
Renneker Robert H
1412 Main St
Dallas, TX 75202
(214) 742-7100
Attorneys, Legal Service Plans
Lochry Thomas J Criminal Law Specialist
900 Jackson St
Dallas, TX 75202
(214) 748-6041
Attorneys
Tom Lochry "Criminal Law Specialist"
701 Commerce St Suite 110
Dallas, TX 75202
(214) 748-6041
Criminal Law Attorneys, Attorneys, Legal Service Plans
McCauley, Westberg & Ramirez, P
1911 N Lamar St Ste 200
Dallas, TX 75202
(214) 506-6001
Personal Injury Law Attorneys, Wrongful Death Attorneys, Attorneys
Greenspan Alan N
901 Main St # 6000
Dallas, TX 75202
(214) 953-6000
Attorneys
Hermes Sargent Bates
901 Main St # 5200
Dallas, TX 75202
(214) 749-6000
Estate Planning Attorneys,  Attorneys,  Personal Injury Law Attorneys,  Bankruptcy Law Attorneys
Butzer Carl C
901 Main St # 6000
Dallas, TX 75202
(214) 953-6000
Attorneys
Alvoid Dennis E
701 Commerce St # 200
Dallas, TX 75202
(214) 742-5806
Bankruptcy Law Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Bankruptcy Service
Saegert Ann M
901 Main St # 3100
Dallas, TX 75202
(214) 651-5594
Attorneys
State of Texas Attorney General
1412 Main St Ste 1700
Dallas, TX 75202
(214) 969-5310
Attorneys
Attorneys Service Bureau
900 Jackson St
Dallas, TX 75202
(214) 522-5297
Attorneys, Attorneys Referral & Information Service, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US