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 84770

Pros and Cons of Taxation as a Partnership in Zip Code 84770


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 UT Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 84770
David Altman
640 E 700 S Suite 305
Saint George, UT 84770
(435) 688-9999
Accident & Property Damage Attorneys,  Personal Injury Law Attorneys,  Divorce Attorneys,  Criminal
David L. Altman
20 N Main St Suite 301
Saint George, UT 84770
(435) 688-9999
DUI & DWI Attorneys,  Accident & Property Damage Attorneys,  Attorneys,  Personal Injury Law Attorne
David L. Altman
20 N. Main Street, Suite 301
St. George, UT 84770
(323) 951-9999
Accident & Property Damage Attorneys,  Criminal Law Attorneys,  Divorce Attorneys,  DUI & DWI Attorn
Jensen Bayles
63 S 300 E # 101
Saint George, UT 84770
(435) 674-9718
Attorneys
Brenda Whiteley Law Office
225 N Bluff St # 1
Saint George, UT 84770
(435) 986-9707
Criminal Law Attorneys, Attorneys
Brenda Whiteley
90 E 100 S
Saint George, UT 84770
(435) 986-9707
Attorneys, General Practice Attorneys, Legal Service Plans
Rawson J Michael Attorney
249 E Tabernacle St # 102
Saint George, UT 84770
(435) 628-9460
Attorneys, Legal Service Plans
Brindley Brent M
382 S Bluff St # 150
Saint George, UT 84770
(435) 673-9220
Attorneys, General Practice Attorneys
Dixon, Truman, Fisher & Clifford PC
20 N Main St, Suite 205
Saint George, UT 84770
(435) 652-9000
Attorneys,  Family Law Attorneys,  Personal Injury Law Attorneys,  Legal Service Plans
Gurr Law, PLLC
1031 S. Bluff St., Suite 105
St. George, UT 84770
(435) 634-8854
Attorneys,  Wills, Trusts & Estate Planning Attorneys,  Patent, Trademark & Copyright Law Attorney
Park Michael W
315 Hilton Dr # 4
Saint George, UT 84770
(435) 673-8689
Attorneys, Legal Service Plans
Awerkamp Scott E
555 S Bluff St # 301
Saint George, UT 84770
(435) 673-8288
Attorneys
Snow Christensen & Martineau
555 S Bluff St
Saint George, UT 84770
(435) 673-8288
Attorneys
Starley Matthew W
555 S Bluff St # 301
Saint George, UT 84770
(435) 673-8288
Attorneys
Graham Rob and Associates
1091 N Bluff St Ste 306
Saint George, UT 84770
(435) 986-8200
Attorneys
Vial Fotheringham SG LLP
1173 S 250 W Ste 308
Saint George, UT 84770
(435) 656-8200
Attorneys, Real Estate Attorneys
Keith Barton & Associates PC
555 S Bluff St Suite 303
Saint George, UT 84770
(800) 416-8010
Personal Injury Law Attorneys
Dixon Bryce
20 N Main St # 205
Saint George, UT 84770
(435) 652-8000
General Practice Attorneys, Attorneys, Legal Service Plans
Hughes , Thompson , Randall, & Mellen
187 N 100 W
Saint George, UT 84770
(888) 720-7924
Attorneys, Civil Litigation & Trial Law Attorneys
Willets Kerry
43 S 100 E # 201
Saint George, UT 84770
(435) 628-7896
Attorneys, General Practice Attorneys
Reber Fay E
249 E Tabernacle St # 103
Saint George, UT 84770
(435) 628-7600
Attorneys, General Practice Attorneys
Bonewell Morris & Associates
50 E 100 S Ste 201
Saint George, UT 84770
(435) 688-7117
Attorneys, Legal Service Plans
Premiere Paralegal Firm
1812 W Sunset Blvd Suite 1-242
Saint George, UT 84770
(435) 275-6909
Paralegals, Legal Document Assistance
Meyers Larry
334 W Tabernacle St # J3
Saint George, UT 84770
(435) 668-6292
Attorneys
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US