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 76513

Pros and Cons of Taxation as a Partnership in Zip Code 76513


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 76513
Dennis C Holle - Attorney
114 S East St
Belton, TX 76513
(254) 939-9347
Family Law Attorneys,  Probate Law Attorneys,  Real Estate Attorneys,  Wills, Trusts & Estate Plann
Troy C Hurley
312 E Central Ave
Belton, TX 76513
(254) 939-9341
Attorneys, Legal Service Plans
Hewitt, Jim Attorney
208 E Central Ave Ste 101
Belton, TX 76513
(254) 933-9300
Criminal Law Attorneys,  Drug Charges Attorneys,  DUI & DWI Attorneys,  Federal Law Attorneys,  Juve
Wohleb & Wohleb PLLC
306 E Central Ave
Belton, TX 76513
(254) 939-8881
Attorneys,  Legal Service Plans,  Criminal Law Attorneys,  Traffic Law Attorneys,  Family Law Attorn
Thomas J. Baker
208 E Central Ave
Belton, TX 76513
(254) 939-8600
Attorneys,  Family Law Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys,  Criminal La
Gibbs, Michael F
206 E Central Ave
Belton, TX 76513
(254) 939-7600
Attorneys
Kurt W Glass
328 N Main St
Belton, TX 76513
(254) 939-7018
Attorneys
Galligan John P Law Offices
315 S Main St
Belton, TX 76513
(254) 939-5646
General Practice Attorneys, Attorneys, Legal Service Plans
Light Dan
206 E Central Ave
Belton, TX 76513
(254) 760-5211
General Practice Attorneys, Attorneys, Legal Service Plans
Miller Michael R PC
520 S Main St
Belton, TX 76513
(254) 939-3995
Attorneys,  Legal Service Plans,  Arbitration Services,  Arbitration & Mediation Attorneys
Miller M Duane
200 E Central Ave
Belton, TX 76513
(254) 933-3522
General Practice Attorneys, Attorneys, Legal Service Plans
Carol Ann Benningfield
PO Box 1273
Belton, TX 76513
(254) 931-3355
Adoption Law Attorneys, Attorneys, Family Law Attorneys
Anthony L Smith
208 E Central Ave
Belton, TX 76513
(254) 933-2400
Attorneys
Paul L Lepak
306 E Central Ave
Belton, TX 76513
(254) 933-2255
General Practice Attorneys, Attorneys, Legal Service Plans
Wiener, Joe
109 Water St
Belton, TX 76513
(254) 939-1856
Divorce Assistance, Attorneys, Family Law Attorneys, Legal Service Plans
William Stoneburner
PO Box 1792
Belton, TX 76513
(254) 933-0289
Attorneys, Legal Service Plans
Michael J Magana
2315 S Loop 121
Belton, TX 76513
(254) 933-0200
Family Law Attorneys, Attorneys, Divorce Assistance
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US