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 Alsea, OR

Pros and Cons of Taxation as a Partnership in Alsea, OR


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 OR Partnership Create This Document
Page 1
Page 2
Page 3
Page 4
Page 5
Page 6
Page 7
Related Legal Services near Alsea, OR
Gillingham John W
121 NE 75th Ave
Hillsboro, OR 97124
(503) 693-9966
Attorneys
Souther Calvin N Jr
15350 SW Sequoia Pkwy
Portland, OR 97224
(503) 624-9894
Attorneys, Legal Service Plans
Baxter & Baxter, LLP
5635 NE Elam Young Parkway, Suite 300
Hillsboro, OR 97124
(503) 681-9752
Bankruptcy Law Attorneys, Attorneys
Schantz Laura L
3000 NW Stucki Pl Ste 230
Hillsboro, OR 97124
(503) 466-9626
Family Law Attorneys, Attorneys, Legal Service Plans
Cross Dan Attorney
230 NE 2nd Ave Ste D
Hillsboro, OR 97124
(503) 640-9509
Attorneys, General Practice Attorneys, Legal Service Plans
Corbridge & Kroll
19720 NW Tanasbourne Dr Ste 200
Hillsboro, OR 97124
(503) 352-9360
Attorneys, Legal Service Plans
Strahm Scott An Estate Planning & Elder Law Firm
15405 SW 116th Ave Ste 112
Portland, OR 97224
(503) 639-8800
Wills, Trusts & Estate Planning Attorneys,  Attorneys,  General Practice Attorneys,  Legal Service
Mc Neil Ken
1323 NE Orenco Station Pkwy # 310
Hillsboro, OR 97124
(503) 615-8336
Attorneys,  Family Law Attorneys,  General Practice Attorneys,  Legal Service Plans
Garland Barbara J
230 NE 2nd Ave # H
Hillsboro, OR 97124
(503) 615-8233
Attorneys, Legal Service Plans
Gifford Milton E
1481 Gateway Blvd
Cottage Grove, OR 97424
(541) 942-7914
Attorneys, Legal Service Plans
Harris Law Firm
7455 SW Bridgeport Rd # 220
Portland, OR 97224
(503) 746-7859
Attorneys, General Practice Attorneys
Farrell Douglas
3000 NW Stucki Pl # 230
Hillsboro, OR 97124
(503) 645-7788
Attorneys, General Practice Attorneys, Legal Service Plans
Heard Robert A
330 NE Lincoln St Ste 100
Hillsboro, OR 97124
(503) 648-7433
Attorneys, Legal Service Plans
Harris J Michael
220 NE 3rd Ave
Hillsboro, OR 97124
(503) 648-7383
Attorneys
Rini Michele C Atty
220 NE 3rd Ave
Hillsboro, OR 97124
(503) 648-7383
Attorneys
Stanton Shelby C
220 NE 3rd Ave
Hillsboro, OR 97124
(503) 648-7383
Attorneys, Legal Service Plans
Widmer Lindsey R
220 NE 3rd Ave
Hillsboro, OR 97124
(503) 648-7383
Attorneys, Legal Service Plans
Legal Aid Services of Oregon
230 NE 2nd Ave Ste A
Hillsboro, OR 97124
(503) 648-7163
Attorneys, Legal Service Plans
Hertsel Shadian
6650 SW Redwood Ln
Portland, OR 97224
(503) 352-6985
Attorneys, Legal Service Plans
Andrew M. Rich PC
330 NE Lincoln St
Hillsboro, OR 97124
(503) 925-6710
Elder Law Attorneys,  Attorneys,  Estate Planning, Probate, & Living Trusts,  Real Estate Attorney
Naranjo Prosser Law
110 NE 10th Ave
Hillsboro, OR 97124
(503) 640-6700
Attorneys, Legal Service Plans
Brisbee & Stockton
139 NE Lincoln St
Hillsboro, OR 97124
(503) 648-6677
Attorneys, Insurance Attorneys
Daigle James M Atty
139 NE Lincoln St
Hillsboro, OR 97124
(503) 648-6677
Attorneys
Wilkinson Merlin D
161 NW Adams Ave Ste 206
Hillsboro, OR 97124
(503) 693-6641
Family Law Attorneys, Attorneys, Legal Service Plans
12Law.com   |  NASHVILLE, TN USA   |  CONTACT US