I have reviewed your situations and each of your tax considerations and outlined my advisement below.
Part I: Discuss the various forms of organization that are available to Penelope, Mark and John. There are a few different options from which you can chose to organize your business under. For example: partnership, LLP, S Corporation, C Corporation for which I know you are all familiar with. It is my duty to give you my own educated and unbiased opinion to which would be most beneficial to all of you.
Part II: Make your recommendation as to what form of organization you believe will be best and be sure to explain the reasoning for your choice. I find the Limited Liability Partnership to be the best form of organization for your
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This means that a partnership interest will have a split holding period.
Part IV: Discuss, in detail, how this entity is taxed (if at all) and what filing requirements it has with the IRS. An LLP has pass-through taxation and the income is reported on each partner’s personal tax returns, avoiding any federal tax on profits. (Code Sec. 702) The LLP will be taxed this way by default; however the option to be taxed as a corporation is also available. Every partnership must file an annual return regardless of the amount of its net income or its net loss in its operations. (Code Sec. 701; Reg. §1.701-1; Code Sec. 6031). Form 1065 must be filed every year by the 15th of April.
Part V: Discuss how income and distributions may/will be allocated to Penelope, Mark and John. Profits are shared equally or by percentage ownership if that is how you divide the company ownership.
Part VI: Discuss, in detail, how the individuals are taxed (if at all) with respect to the net profits from this entity and what filing requirements they will each have with the IRS. Individuals in a partnership are normally liable for filing personal income taxes, self-employment taxes and estimated taxes for themselves, according to the Internal Revenue Service. Each individual will file a Schedule K-1. The partnership itself is not responsible for paying taxes. The credits and
As a hybrid of partnerships and corporations, LLC’s provide limited liability for debts and flexibility to be taxed as a partnership or corporation (Staring and Naming a Business Presentation, 2012, Slide 5). Some specific advantages include being empowered authorities in the management of the business, diversity of members, limited liability, pass-through taxation, and less paperwork (appreciated by many). A drawback of this business structure is the need for a tailored operating agreement that specifies the specific needs of the
Describe the organizational forms a company might have as it evolves from a start-up to a major corporation. List the advantages and disadvantages of each form.
The organizational forms a company might have as it evolves from a start-up to a major corporation are: sole proprietorships, partnerships and corporations. The advantages of a sole proprietorship are that is is easily and inexpensively formed; is subject to few government regulations and it’s income is not
When it comes to partnerships Alex, Bill, Carl, and Devon will have two options- a general partnership or a limited partnership. Partnerships are beginning to be a business form of the past. Once upon a time, partnerships were “the default form of business and provided the benefit of pass-through taxation, but lacked the important feature of limited liability” (Chrisman, 2010, p. 465). In a general partnership, each partner associated with the entity will be held liable for their own business decisions as well as
Suppose that Katherine, Brianna, and Paige have formed a limited partnership to operate a video arcade. Katherine is the general partner. She has contributed $2,000 and her time to get the operation running. Brianna and Paige, the limited partners, have each contributed $3,000. After one year of operation, the arcade has debts of $10,000, and the three partners decide to discontinue their business and the limited partnership. Brianna and Paige want their investment returned to them. Who should Katherine, who is winding up the business, pay first, Brianna and Paige, or the creditors? How much will Brianna and Paige receive? How about Katherine?
5. (TCOs 1, 2, 8, 9, and 10) One of your best individual clients is thinking about starting up a new business, and he is seeking your advice on which business form he should select. In particular, he’s trying to decide whether to operate the business as a partnership or a C corporation. Explain to him the significant tax and nontax issues that will arise from choosing each of these entities compared to the other, including how
8. What are the pros and cons of each key organizational structure? Which do you think would be the best fit for you? Explain your answer.
I think a partnership is the best business organization for a company. A Partnership consists of two or more individuals in business together. Normally, all general partners have an equal voice in management. Partnerships have many advantages, for example, Partnerships are relatively easy to form; No corporate income taxes. Partnerships declare income by filing a partnership income tax return. Yet the partnership pays no taxes when this partnership tax
Partnerships use form 1065 to report income and losses, but taxes are not collected or paid from it, instead, the partners pay the taxes on their own personal tax returns. Each partner is allocated their share of the income/loss according to the partnership agreement. This is done through a schedule K-1. In this case, Spouse A will report $142,000 as income on the couple’s 1040. The couple will not be taxed on the cash withdrawal of $83,500, since partners are not taxed when they receive a withdrawal or distribution, unless it exceeded the partner’s basis.
Income Taxes- Taxes are paid as income tax, unless the limited partnership is classified as a corporation by the IRS for tax purposes. In order to keep from being taxed this way, you would have to stick solely to the contract as written, and keep away from operating outside of the agreement.
A2d. Partnership Income and Losses: Income and loss from a partnership is business income. The loss or income for the business is reported to the IRS on form 1065 but the partnership does not pay taxes on the income. Instead, the profits or losses are passed through to the individual partners on Schedule K-1 and they account for the taxes on their individual tax returns. Spouse A’s $142,000 from Schedule K-1 will be reported as income on their 1040 tax return. The $85,000 in withdrawals from the business will not be
From the above mentioned formations and having in mind the concerns of Gloria Smithson about insulting herself and her family from personal liability, we have come up with a set of three proposed business formations:
9) What are the pros and cons associated with various organization structures used by international firms (4.2)?
In addition to the type of partnership we are considering establishing, we have already decided that we will be using the entity theory of partnerships, which regards partnerships as a distinct and separate entity from either of us, the partners. As such, both Mercy and I will be able to enter into taxable transactions with the partnership. And this means that the partnership can hold the title to the land, is not legally liable for our (the partners) debts, and is required to file annual returns using the Form 1065 reporting operation results.
According to Business Dictionary (2017), a partnership is a written agreement between two or more individuals who join as partners to form and carry on a for-profit business. The partner should have a legal agreement that sets forth how decisions will be made, profits will be shared, disputes will be resolve how future partners will be admitted to the partnership, how partner can be bought out and so on. Not every partner is necessarily involved in the management and day-to-day operations of the venture. In some jurisdictions, partnerships enjoy favorable tax treatment relative to corporations. A partnership does not have a separate legal existence like an incorporated firm, and the partners are jointly and severally liable for