Partnership
Forming a partnership business can help you save money on a portion of your self-employment taxes.
Commonly referred to as partnership business
Do I Qualify for a Partnership?
A partnership is an entity owned by two or more people for a trade or business. Each person contributes money, property, labor and/or skill and shares in the profits and losses of the business.
2022 Partnership Details
A partnership is an entity owned by two or more people as a trade or business. Each partner contributes money, property, labor and/or skill and shares in the profits and losses of the business. Partnerships are extremely flexible. The terms of the partnership, including each partner’s allocation of income and losses, are set forth in the partnership agreement.
A partnership does not pay tax at the partnership level but instead passes the income, deductions, gains, losses, etc. from its operations through to its partners. Each partner reports their share of the partnership's income or loss on their personal tax return. Partners are not employees and do not receive a W-2 from the partnership.
Types of Business Partnerships
A partner can be either a general partner or a limited partner. General partners are involved in the day-to-day operations of the business. They pay both income tax and self-employment tax based on their percentage of income from the partnership. They may also be personally liable for the debt of the partnership and their other partners. Each partnership business must have at least one general partner.
Limited partners are investors in the partnership. They do not pay self-employment tax, but they are subject to income tax on the net profit of the business. Limited partners typically are not liable for business debts.
Partnership agreements may include guaranteed payments to certain partners based on services provided or capital invested. Partners who receive guaranteed payments are subject to self-employment tax, even for limited partners.
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Benefits
•Potentially greater access to capital
•Potential to share tasks and responsibilities across partners
Considerations
•Must file an additional 1065 tax return
•Unlimited liability, with each partner liable for all debts of the partnership
•General partners are subject to income and self-employment tax on net profit
Assumptions When Taking the Partnership
Two or more partners will be involved in the business.
Requirements to Claim the Partnership
A partnership agreement and other state-specific legal documents must be prepared to form the partnership.
Business Entities That Can Claim the Partnership
•Schedule C
•S Corporation
•C Corporation
•Partnership
The material discussed on this page is meant for general illustration and/or informational purposes only and is not to be construed as investment, tax, or legal advice. You must exercise your own independent professional judgment, recognizing that advice should not be based on unreasonable factual or legal assumptions or unreasonably rely upon representations of the client or others. Further, any advice you provide in connection with tax return preparation must comply in full with the requirements of IRS Circular 230.