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 53104

Pros and Cons of Taxation as a Partnership in Zip Code 53104


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 WI Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Zip Code 53104
Kingdom Legal Services
709 Northport Drive
Madison, WI 53704
(608) 535-9882
Attorneys, Legal Service Plans
Wilkie Harold W Atty
2101 N Sherman Ave
Madison, WI 53704
(608) 240-9546
Attorneys
Westmont Law Offices SC
1837 Aberg Ave
Madison, WI 53704
(608) 244-9494
Elder Law Attorneys,  Attorneys,  Family Law Attorneys,  Divorce Attorneys,  Probate Law Attorneys,
Total Attorneys - Divorce
PO Box 273943
Racine, WI 53404
(262) 221-9281
Attorneys, Family Law Attorneys, Legal Service Plans
Vang Law Office
312 N 3rd St
Madison, WI 53704
(608) 260-9247
General Practice Attorneys, Attorneys
Total Attorneys - DUI
PO Box 274149
Racine, WI 53404
(262) 221-9215
Attorneys, Legal Service Plans
Winter Chewning & Geary LLP
2121 S Oneida St # B
Green Bay, WI 54304
(920) 544-9114
Attorneys,  Federal Law Attorneys,  Administrative & Governmental Law Attorneys,  Social Security &
O'Connor Margaret S Law Offices
1442 N Memorial Dr
Racine, WI 53404
(262) 637-9080
Criminal Law Attorneys, General Practice Attorneys, Attorneys
Centro San Miguel
1122 W Historic Mitchell St
Milwaukee, WI 53204
(414) 647-8560
Immigration Law Attorneys, Immigration & Naturalization Consultants, Attorneys
Kathleen Reiley SC
2010 Eastwood Dr
Madison, WI 53704
(608) 246-8309
Divorce Attorneys,  Attorneys,  Family Law Attorneys,  Mediation Services,  Divorce Assistance,  Chi
Fetek James J
1680 Douglas Ave
Racine, WI 53404
(262) 637-8301
Attorneys,  Probate Law Attorneys,  Elder Law Attorneys,  Wills, Trusts & Estate Planning Attorneys
Total Attorneys - Criminal Defense
PO Box 273799
Racine, WI 53404
(262) 891-8198
Attorneys, Criminal Law Attorneys, Legal Service Plans
Herrling Clark Law Firm Ltd
2740 S Oneida St
Green Bay, WI 54304
(920) 468-7366
Attorneys,  Accident & Property Damage Attorneys,  Corporation & Partnership Law Attorneys,  Persona
Community Church
2351 Ryf Rd
Oshkosh, WI 54904
(920) 231-7070
Churches & Places of Worship,  Counselors-Licensed Professional,  Marriage, Family, Child & Indivi
Midwest Green Card
541 W Historic Mitchell St
Milwaukee, WI 53204
(414) 383-6884
Immigration Law Attorneys
Harris Robert B ATTY
1002 S Fisk St
Green Bay, WI 54304
(888) 578-6875
Credit & Debt Counseling,  Foreclosure Services,  Bankruptcy Law Attorneys,  Attorneys,  Banking & M
Legal Helpers
2380 State Road 44 # C
Oshkosh, WI 54904
(920) 230-6800
Bankruptcy Law Attorneys, Legal Service Plans, Attorneys
Komisar Law Office
1837 Aberg Ave
Madison, WI 53704
(608) 332-6781
Attorneys,  Divorce Attorneys,  General Practice Attorneys,  Bankruptcy Law Attorneys
Gamino Law Offices
1746 S Muskego Ave
Milwaukee, WI 53204
(414) 383-6700
Divorce Attorneys, Attorneys, Family Law Attorneys, Legal Clinics, Legal Service Plans, Criminal Law
Gamino Law Offices LLC
1746 S Muskego Ave
Milwaukee, WI 53204
(414) 383-6700
Child Custody Attorneys,  Attorneys,  Criminal Law Attorneys,  Family Law Attorneys,  Divorce Attorn
Boex Steven R
1497 6th St
Green Bay, WI 54304
(920) 498-6602
Probate Law Attorneys, Attorneys
Zisman Law, LLC
P.O. Box 1812
Madison, WI 53704
(608) 237-6565
Criminal Law Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys
Holbus Law Office, LLC
926 Willard Dr., Ste. 118
Green Bay, WI 54304
(920) 490-6160
Attorneys, Bankruptcy Law Attorneys
Knudson & Smith SC
301 Troy Dr
Madison, WI 53704
(608) 204-6122
Attorneys Referral & Information Service, Legal Consultants-Medical
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US