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 77278

Pros and Cons of Taxation as a Partnership in Zip Code 77278


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 77278
Wilson Mark D
130 Industrial Blvd # 110
Sugar Land, TX 77478
(281) 491-9898
General Practice Attorneys, Attorneys, Legal Service Plans
Holloway Law
14090 SW Freeway
Sugar Land, TX 77478
(281) 407-9376
Attorneys, Family Law Attorneys, Divorce Attorneys
Total Attorneys - Divorce
PO Box 273860
Thrall, TX 76578
(512) 898-9375
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Legal Service Plans
A Banerjee Law Office
131 Brooks St
Sugar Land, TX 77478
(281) 242-9139
General Practice Attorneys, Attorneys, Legal Service Plans
Culling, Michael A
20130 Highway 6
Manvel, TX 77578
(281) 489-9113
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  Estate Planning, Probate, & Living Trusts
Rick Weaver
501 S Main St
Rhome, TX 76078
(817) 638-9016
Elder Law Attorneys, Attorneys, Real Estate Attorneys
Cordell & Cordell - Sugar Land
14090 SW Freeway, Ste. 300
Sugar Land, TX 77478
(832) 209-8884
Family Law Attorneys, Divorce Attorneys, Divorce Assistance, Child Custody Attorneys
Meeks Law Firm LLC
245 Commerce Green Blvd
Sugar Land, TX 77478
(281) 271-8595
Attorneys,  Probate Law Attorneys,  Business Law Attorneys,  Family Law Attorneys,  Wills, Trusts &
Dearman William T. Atty
14090 Southwest Fwy
Sugar Land, TX 77478
(281) 340-8535
Attorneys, Legal Service Plans
Richard T. Bell & Associates, P.C.
206 Brooks St
Sugar Land, TX 77478
(832) 500-7568
Monday-Friday 9:00 AM - 5:00 PM
Total Attorneys - DUI
PO Box 274021
Thrall, TX 76578
(512) 379-7238
Attorneys, Legal Service Plans
Tracton Michael D
12920 Dairy Ashford Rd Ste 140
Sugar Land, TX 77478
(281) 242-7111
Admiralty & Maritime Law Attorneys, Attorneys
Daniel Mccarty
14090 Southwest Fwy # 300
Sugar Land, TX 77478
(713) 464-7000
Attorneys, General Practice Attorneys, Legal Service Plans, Arbitration Services, Attorneys Referral
Millard John R
1 Sugar Creek Center Blvd # 925
Sugar Land, TX 77478
(281) 313-6800
General Practice Attorneys, Attorneys, Legal Service Plans
Reddall Jeffrey S
1 Sugar Creek Center Blvd #925
Sugar Land, TX 77478
(281) 242-6010
Attorneys, Legal Service Plans
Deborah L Crain Law Office
1 Sugar Creek Center Blvd # 1065
Sugar Land, TX 77478
(281) 565-5777
General Practice Attorneys, Attorneys, Criminal Law Attorneys
Dick Sam W
14015 Southwest Fwy Ste 14
Sugar Land, TX 77478
(281) 242-5555
Attorneys, Legal Service Plans
Reed & Terry LLP Law Firm
56 Sugar Creek Center Blvd Suite 300
Sugar Land, TX 77478
(281) 491-5000
Automobile Accident Attorneys, Transportation Law Attorneys, Attorneys
Philoan M Tran PC
54 Sugar Creek Center Blvd
Sugar Land, TX 77478
(832) 886-4900
Attorneys
Blair Robert W
14100 Southwest Fwy Ste 360
Sugar Land, TX 77478
(281) 275-4275
Attorneys, Tax Return Preparation, Legal Service Plans
Dean Law Firm PLLC
1650 Highway 6 Ste 170
Sugar Land, TX 77478
(281) 277-3326
Mon-Fri 8am-5pm, Appointments Available
Haywood John PC
Queen Isabel Inn, Ste 6
Port Isabel, TX 78578
(956) 943-3288
Civil Litigation & Trial Law Attorneys, Attorneys
Haywood John
300 S Garcia St # 6
Port Isabel, TX 78578
(956) 943-3288
Attorneys
Richard Weaver & Associates Sugar Land Houston Bankruptcy Attorneys
3 Sugar Creek Center Blvd #100
Sugar Land, TX 77478
(281) 990-3200
Bankruptcy Services,  Bankruptcy Law Attorneys,  Business Bankruptcy Law Attorneys,  Attorneys,  For
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US