Document type sign assignment of partnership interest wisconsin mobile
hi everyone in this video I'll be going over the basic partnership taxation partnership tax rules are probably the most complex in the tax code for this reason I am planning to discuss advanced level of partnership taxation in my future videos I only scratched the surface in this video ok let's dive in partnership tax rules apply even when two people go into business on a handshake and never sign a formal partnership agreement partners contribute money or property to form a partnership each general partner is personally responsible for all of the debts and liabilities of the business not just his or her proportionate share also your state's law govern partnership formation and operation however all states have adopted the revised Uniform Partnership Act so laws are very similar partnership tax reporting partnerships are passed through entities which means that the owners not the businesses pay income taxes however partnerships must file annual tax returns but does not pay federal taxes the annual federal partnership tax return showing the ventures income and expenses is IRS form 1065 u.s. return of partnership income the tax return is due on the 15th day of the fourth month after the end of the partnerships tax year April 15th for most partnerships an extension to file is easy to obtain if you cannot file by the deadline use IRS Form 7 0 0 4 for the automatic extension of 5 additional months even though form 1065 is an information only return the IRS imposes fines for not filing it on time the late filing penalty is $200 per month for each partner and applies to each year the partnership form is delinquent stay partnership taxes most states treat partnerships like the federal government does that is they tax individual partners not partnerships a state partnership tax return similar to form 1065 is usually required partnerships typically have to pay an annual tax or fee for the privilege of operating in a state partners tax reporting at the end of the tax year each partners share of business profits or losses is computed and reported on IRS schedule k-1 this form shows each partners share of income or loss credits deductions and various other tax items each partner reports his or her k1 partnership income on his or her individual income tax return form 1040 using Schedule E often there are other figures on a k1 that passed through from the partnership to the individual partners for instance the partnership may have earned interest on its bank account or received dividends from stock it owned in another business these items are passed through and reported on Schedule B of the partners individual tax return similarly any partnership capital gains or losses on sale of assets are reported on their partners individual tax return on Schedule D all general partners pace of employment taxes on their share of the partnership profits self-employment taxes are reported on Schedule se filed annually with each partners form 1040 tax return limited partners aka investors don't owe self-employment tax so they are not required to file this form partners must make quarterly estimated income tax payments on their share of their partnership and other business income these four tax payments are due on April 15th June 15th September 15th and January 15th of the following year partners use form 1040 es to report and pay this estimated taxes estimated tax payments cover income and self-employment taxes which are Social Security and Medicare state estimated tax forms and payments are also required for a state with an income tax calculating partners income due to the complexities of partnership accounting law accounting for a partner's taxable income or loss is not always easy for instance the cash a partner takes out isn't necessarily the same as that partners taxable income from the business partnership drawers are the most common way partners take money from their businesses tax wise drawers are considered advances against a partner's income advances of drawers show up on the partnership books as reductions of the partners capital count at the end of the year the total draws generally become taxable to the partners distributive share / Internal Revenue Code section 704 a partner is taxed on the amount he or she is deemed to have received from the partnership this is called a partner's distributive share and is reported annually on IRS schedule k-1 a distributive share is normally based on the percentage of the partnership each partner owns from 1 percent to 99 percent unless the partnership agreement says otherwise the tax code presumes all partners are equal so if two people are in business together without any written agreement it's always a 50/50 partnership special allocations if your agreement authorizes it unequal distributive shares called special occasions may be made a special allocation is a tax code term for any division of profits or losses that is not proportionate to a partner's ownership percentage for instance in the case of a 50/50 partnership giving 65% of profits to partner a and 35% to partner B is a special allocation a partnership agreement could also provide different ratios for splitting losses and profits such as an 80/20 split for losses and 6535 split for profits if a partnership keeps profits in the business at the end of the tax year the partners are still taxed on that money this means that any profits left in the partnership bank account are taxed straight to the partners it doesn't matter to Uncle Sam that the partner's never get their hands on the funds if your business needs to retain profits for future expansion or to build your inventory consider incorporating partnership losses partnership losses also pass through to each partner in proportion to his or her ownership share however a different allocation scheme may be written into the partnership agreement partners can deduct their share of a business loss on their individual tax return this lowers their tax bill by offsetting other income and may even produce a tax refund regarding passive partner limitations let's say an is a silent or money partner that is she invested in a general real estate operating partnership but it's not involved in its day-to-day affairs that means she is a passive investor tax rules limit Anne's ability to claim partnership losses of more than $25,000 per year from the rental real estate activities paper losses are common in partnerships due to non-cash expenses like depreciation deduction if Anne's partnership loss is greater she can carry the balance forward to offset her future passive income this is called a suspended passive loss and may be carried forward to offset future passive income indefinitely limited partnerships LP or limited partnerships are primarily used to raise money from massive investors or the limited partners who will not be active in the businesses LPS are common in real estate investing and private investment firms LPS have two categories of partners general partners who are personally liable for all partnership obligations and limited partners who have no liability for partnership debts the following examples illustrate the primary difference between general and limited partnerships example one triple Z Partners a limited partnership owes $17,000 to various creditors l the general partner is personally liable for the whole $17,000 if triple Z goes under this is the amount he can claim on his tax return as a loss if the LP fails example 2 if Triple C was a general partnership both L & Die would be liable for the whole $17,000 creditors could go after each partners personal asset to collect the entire debt not just $8,500 each of course the creditors will not be entitled to collect more than a total of $17,000 capital counts when people form a partnership they typically contribute a combination of money assets and services each partners contribution to the partnership is recorded in that partners capital account this means tracking the contributions and withdrawals of each partner including his or her and your distributive share of income or losses from the partnership a partnership interest is an asset of the partner an investment in the business keep meticulous records of all partnerships contributions and distributions this is vital for determining the tax consequences of taking money or property out of the partnership your capital comp balance equal to your tax basis in your partnership interest your tax basis changes annually according to your distributive share of income and losses remember earlier when I indicated that cash you take out of a partnership is not necessarily the same as your taxable income from the business here is a good example to make that point clear in exchange for partnership interest L contributes $14,000 and a $200 printer to the triple z partnership so fourteen thousand two hundred dollars is the amount of L's capital account balance and his initial tax basis in his partnership interest in the first year jacuzzi partnership makes $30,000 and L is taxed on ten thousand dollars which is his one-third interest the partnership distributes nine thousand dollars cash to L his capital account is $15,200 $14,200 initial tax basis plus $10,000 distributive share minus nine thousand dollar cash okay I hope this video didn't put you to sleep at least long enough for you to subscribe and hit that like button