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 75254

Pros and Cons of Taxation as a Partnership in Zip Code 75254


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 75254
James L Schultza
7920 Belt Line Rd
Dallas, TX 75254
(972) 774-9400
Attorneys, Legal Service Plans
Hardison Law Firm
5050 Quorum Dr
Dallas, TX 75254
(972) 619-9217
Attorneys,  Divorce Attorneys,  Personal Injury Law Attorneys,  Legal Clinics,  Family Law Attorneys
Hoppenstein Norman J
7920 Belt Line Rd
Dallas, TX 75254
(214) 389-9100
Attorneys
Accident Attorney Sean Chalaki
5220 Spring Valley Rd Ste #39
Dallas, TX 75254
(972) 793-8500
Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Accident & Property Damage Attorneys,  P
Lewis & Backhaus
14160 Dallas Pkwy
Dallas, TX 75254
(972) 233-8115
General Practice Attorneys, Attorneys, Legal Service Plans
Schein Harvey A
14651 Dallas Pkwy
Dallas, TX 75254
(972) 458-7921
Immigration Law Attorneys, Attorneys, Legal Service Plans
Mark E Jacobs PC
5050 Quorum Dr Ste 140
Dallas, TX 75254
(972) 233-7788
Immigration Law Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Legal Servic
Devadoss Law Firm
14651 Dallas Pkwy
Dallas, TX 75254
(972) 726-7400
Corporation & Partnership Law Attorneys, Attorneys, Labor & Employment Law Attorneys
Scher Scott Attorney
5050 Quorum Dr
Dallas, TX 75254
(214) 722-6464
Attorneys
Rabinowitz & Rabinowitz PC
14901 Quorum Dr Ste 580
Dallas, TX 75254
(972) 233-6200
Immigration Law Attorneys, Attorneys, Legal Service Plans
Mark E Jacobs Pc
5050 Quorum Dr
Dallas, TX 75254
(972) 619-5621
Immigration Law Attorneys,  Attorneys,  Divorce Attorneys,  Legal Clinics,  Family Law Attorneys,  A
Bhatti Vincent
7920 Belt Line Rd Ste 245
Dallas, TX 75254
(214) 253-2533
General Practice Attorneys, Attorneys
Kelsoe, Khoury, Rogers, Caughfield & Clark, PC
5220 Spring Valley Rd
Dallas, TX 75254
(972) 661-2227
General Practice Attorneys, Attorneys
Carter Holmes P
14185 Dallas Pkwy
Dallas, TX 75254
(972) 455-2000
Attorneys Referral & Information Service, Attorneys
The Steinbach Law Firm
14800 Quorum Dr
Dallas, TX 75254
(972) 960-1850
Construction Law Attorneys, Attorneys, Real Estate Attorneys
Morrow & Co
14755 Preston Rd Ste 725
Dallas, TX 75254
(972) 788-0977
Attorneys, Legal Service Plans
FamilyLaw-Dallas
5050 Quorum Drive, Ste. 225
Dallas, TX 75254
(214) 707-0660
Divorce Attorneys,  Mediation Services,  Child Support Collections,  Child Custody Attorneys,  Litig
Burch Lorie L
7920 Belt Line Rd Ste 750
Dallas, TX 75254
(972) 385-0558
General Practice Attorneys, Attorneys, Legal Service Plans
American Immigration Law
7920 Belt Line Rd Ste 210
Dallas, TX 75254
(214) 637-0234
Immigration Law Attorneys, Attorneys, General Practice Attorneys
Harmon Law Firm PC
14860 Montfort Dr # 111
Dallas, TX 75254
(214) 874-0019
General Practice Attorneys, Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US