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 24550

Pros and Cons of Taxation as a Partnership in Zip Code 24550


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 VA Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 24550
Hayes Halford
375 E Williamsburg Rd
Sandston, VA 23150
(804) 737-9944
Attorneys, Legal Service Plans
Caridi Charles J
6560 Backlick Rd Ste 222
Springfield, VA 22150
(703) 569-9588
Attorneys, Legal Service Plans
Gallinaro James J
7015 Old Keene Mill Rd Ste 103
Springfield, VA 22150
(703) 992-8900
General Practice Attorneys, Attorneys
Sisler Eric Attorney
103 E Washington St
Lexington, VA 24450
(540) 463-7788
Litigation & Tort Attorneys, Attorneys
Leatherbury Beverly P
4376 Lankford Hwy Ste 3
Exmore, VA 23350
(757) 678-7642
Attorneys
Crescenzo Joseph P III
15 E Nelson St Ste A
Lexington, VA 24450
(540) 463-7119
General Practice Attorneys, Attorneys
Pagano & Assoc
3991 E Williamsburg Rd Ste 100
Sandston, VA 23150
(804) 328-6988
Personal Injury Law Attorneys,  Attorneys,  Legal Service Plans,  Bankruptcy Law Attorneys,  Crimina
Walker Herman B
12139 Bank Ave
Exmore, VA 23350
(757) 442-6423
Attorneys, Legal Service Plans
Holmes Audrey D
119 W Williamsburg Rd
Sandston, VA 23150
(804) 737-5212
General Practice Attorneys, Attorneys
Buck Anderson & Associates PC
6800 Backlick Rd Ste 205
Springfield, VA 22150
(703) 451-5203
General Practice Attorneys, Attorneys, Legal Service Plans
Mann Vita & Elrod PLLC
15A W Nelson St
Lexington, VA 24450
(540) 319-4899
Family Law Attorneys,  Divorce Attorneys,  Criminal Law Attorneys,  Juvenile Law Attorneys,  Social
Natkin H David PC
11 S Randolph St
Lexington, VA 24450
(540) 784-4401
Accident & Property Damage Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  P
Don Burks
30 Crossing Ln #205
Lexington, VA 24450
(540) 784-4073
Accident & Property Damage Attorneys, Personal Injury Law Attorneys, Automobile Accident Attorneys
O'Donnell Merle
4759 Old Williamsburg Rd
Sandston, VA 23150
(804) 328-3735
Paralegals
Wharton Aldhizer & Weaver PLC
15 N Randolph St Ste E
Lexington, VA 24450
(540) 463-3691
Accident & Property Damage Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service Plans
Bisulca Andrew C
7880 Backlick Rd Ste 8
Springfield, VA 22150
(703) 644-3533
General Practice Attorneys, Attorneys, Legal Service Plans
Khanna Raj
6125 Backlick Rd
Springfield, VA 22150
(703) 866-3094
General Practice Attorneys, Attorneys
Penick Paul M
9 Court House Sq
Lexington, VA 24450
(540) 463-2011
Attorneys, Legal Service Plans
Madigan & Scott Inc
7880 Backlick Rd
Springfield, VA 22150
(703) 455-1800
Estate Planning Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Atto
Heslep W W
65 E Midland Trl
Lexington, VA 24450
(540) 463-1700
General Practice Attorneys, Attorneys, Legal Service Plans
Charles V. Hardenbergh, PC
14 E Nelson St
Lexington, VA 24450
(540) 228-1641
Civil Litigation & Trial Law Attorneys,  Attorneys,  Criminal Law Attorneys,  DUI & DWI Attorneys,  
Jackson Christopher
38692 Highway Fifty Eight
La Crosse, VA 23950
(434) 757-1071
General Practice Attorneys
Nguyen Sinh
6120 Brandon Ave # 206
Springfield, VA 22150
(703) 866-0640
Attorneys, Legal Service Plans
Altman & Somers
7015 Old Keene Mill Rd Ste 204
Springfield, VA 22150
(703) 569-0400
Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US