All you need to know about US Taxation Partnership Firms– LLC

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US Taxation Partnership Firms

Taxes are an essential part of a functioning government, and the United States is no exception. U.S. taxation is a complex system of federal, state, and local taxes that fund various public services and programs. Understanding U.S. taxation can be overwhelming, but it is crucial for every citizen and business to comply with the law and pay their fair share of taxes. In this article, we will discuss the basics of US Taxation Partnership Firms, including the types of taxes, how they are collected, and who is responsible for paying them.

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Quick Look

Partnerships and Limited Liability Companies (LLCs) are two popular types of business structures in the United States. Both of these structures are pass-through entities, which mean that the profits and losses of the business are passed through to the owners’ personal tax returns.
Let us first discuss about the various types of taxes that are existing in the U.S Taxation System, before we move on to discuss about Taxation on Partnership Firms and LLC

Taxation System prevailing in U.S

There are three main types of taxes in the United States: federal, state, and local. Federal taxes are imposed by the federal government, while state and local taxes are imposed by individual states and local governments.

  • Federal Taxation: Federal taxes include income tax, payroll tax, corporate tax, estate tax, and gift tax. Income tax is the most significant source of federal revenue and is calculated based on a person’s or business’s taxable income. Payroll tax is a tax on wages and salaries that funds Social Security and Medicare programs. Corporate tax is a tax on the profits of corporations. Estate tax is a tax on the transfer of property after a person’s death, and gift tax is a tax on gifts given during a person’s lifetime.
  • State Taxation: State taxes vary by state, but most states impose an income tax, sales tax, and property tax. Sales tax is a tax on goods and services sold in the state, and property tax is a tax on real estate and other property.
  • Local Taxation: Local taxes include city and county taxes, such as sales tax, property tax, and local income tax.

Types of Taxation System prevailing in U.S

There also exist other important taxes that are prevailing in U.S Taxation let’s find out. Here are some other taxes prevailing in US Taxation.

  • Income Taxes: Income taxes are the most significant source of revenue for the US government. They are based on the income earned by individuals and businesses. The federal income tax is a progressive tax, which means that higher income earners pay a higher percentage of their income in taxes. Additionally, states and local governments may also levy income taxes.
  • Sales Taxes: Sales taxes are levied on the sale of goods and services. The rates and rules for sales tax vary by state, and some cities and counties may also levy additional sales taxes. Sales taxes are generally regressive, meaning they disproportionately impact low-income earners.
  • Property Taxes: Property taxes are assessed on the value of real estate owned by individuals and businesses. Property taxes are a significant source of revenue for local governments and are used to fund schools, public safety, and other services. The amount of property tax owed is typically based on the assessed value of the property.
  • Estate Taxes: Estate taxes are taxes that are levied on the transfer of wealth from a deceased person’s estate to their heirs. The federal government imposes an estate tax, but only on estates with a value exceeding a certain threshold. Some states may also levy an estate tax or an inheritance tax.
  • Excise Taxes: Excise taxes are taxes on specific goods and services, such as gasoline, tobacco, and alcohol. Excise taxes are often used to discourage consumption of certain products and to raise revenue for specific programs, such as highway construction.
  • Payroll Taxes: Payroll taxes are taxes that are levied on wages and salaries earned by individuals. These taxes fund Social Security and Medicare programs. Employers are responsible for withholding payroll taxes from employee paychecks and remitting them to the government.

How Taxes are collected under US Taxation?

The Internal Revenue Service (IRS) is responsible for collecting federal taxes, and state and local tax agencies are responsible for collecting state and local taxes. Taxes are collected through various methods, including payroll deductions, estimated tax payments, and tax withholding.

Payroll deductions are taken directly from an employee’s paycheck and include federal income tax, Social Security tax, and Medicare tax. Estimated tax payments are quarterly payments made by individuals who are self-employed or who receive income that is not subject to withholding tax. Tax withholding is a method used by employers to withhold federal and state income tax from an employee’s paycheck.

The tax collection process in the United States is straightforward. Citizens and businesses are required to file their taxes every year by April 15th. The tax return contains information about the individual’s or business’s income and deductions. The IRS uses this information to determine the amount of tax owed.

Once the tax return is filed, the IRS will either approve or reject it. If the tax return is approved, the taxpayer will be required to pay the amount owed by the due date. If the tax return is rejected, the taxpayer will be required to correct any errors and resubmit the return.

  • Tax Audits: The IRS has the authority to audit individuals and businesses to ensure compliance with tax laws. An audit is an examination of the taxpayer’s financial records and tax returns. The IRS may request additional information from the taxpayer to verify the accuracy of the tax return. If the IRS finds that the taxpayer owes additional taxes, penalties and interest charges may be assessed.

Who is Responsible for Paying Taxes?

Every citizen and business in the United States is responsible for paying their fair share of taxes. Individuals are responsible for paying federal income tax on their taxable income, and employers are responsible for withholding and paying payroll taxes on behalf of their employees.

Businesses are responsible for paying federal and state taxes on their profits, as well as payroll taxes on behalf of their employees. Some businesses may also be subject to other taxes, such as excise taxes, which are taxes on specific goods and services.

US Taxation Partnership Firms– LLC

Partnership firms and limited liability companies (LLCs) are two common forms of business structures in the United States. While both types of entities are pass-through entities for tax purposes, there are some important differences in how they are taxed.

  • Partnership Firms: Taxation: A partnership firm is an unincorporated business entity that is owned by two or more individuals. The profits and losses of a partnership are allocated among the partners based on their partnership agreement. Partnerships do not pay income tax at the entity level. Instead, the profits and losses of the partnership are passed through to the partners, who report their share of the partnership’s income or loss on their individual tax returns. This is known as pass-through taxation.
    Partnerships must file an annual tax return with the IRS using Form 1065, which reports the partnership’s income, deductions, and credits. Each partner receives a Schedule K-1, which reports their share of the partnership’s income, deductions, and credits. Partnerships are also subject to self-employment tax, which is a tax on the partner’s share of the partnership’s income that is used to fund Social Security and Medicare.
  • Limited Liability Companies (LLCs): Taxation: An LLC is a hybrid business entity that combines the liability protection of a corporation with the tax benefits of a partnership. Like a partnership, an LLC is a pass-through entity for tax purposes. This means that the profits and losses of the LLC are passed through to the owners, who report their share of the LLC’s income or loss on their individual tax returns.
    LLCs can choose to be taxed as a partnership, a corporation, or a sole proprietorship. If the LLC has two or more owners, it is automatically classified as a partnership for tax purposes. If the LLC has only one owner, it is automatically classified as a sole proprietorship, unless the owner elects to be taxed as a corporation.
    If the LLC chooses to be taxed as a corporation, it will be subject to double taxation. This means that the corporation will pay income tax on its profits, and the owners will pay income tax on any dividends or distributions they receive from the corporation.

Differences in Taxation of Partnership and LLC

One major difference between partnership taxation and LLC taxation is that an LLC can choose to be taxed as a corporation, whereas a partnership cannot. This can be advantageous for an LLC because it can avoid paying self-employment taxes on the entire income of the business. Another difference is that an LLC with only one member can be taxed as a sole proprietorship, whereas a partnership must have at least two partners. This can be advantageous for an LLC because it can avoid the formalities and legal requirements of forming a partnership.

Penalties for Late Payment under US Taxation

Failure to pay taxes on time can result in penalties and interest charges. The penalty for late payment is usually a percentage of the amount owed. The interest charges are applied to the outstanding amount until it is paid in full.

NRI Taxation

Takeaway

Partnerships and LLCs are both popular business structures in the United States because they offer liability protection and tax advantages. However, they are taxed differently, and the choice of business structure can have a significant impact on tax liability. It is important to consult with a tax professional when choosing a business structure to ensure that you are making the best decision for your business, Legal Window can assist you while you make such a decision.

CA Pulkit Goyal, is a fellow member of the Institute of Chartered Accountants of India (ICAI) having 10 years of experience in the profession of Chartered Accountancy and thorough understanding of the corporate as well as non-corporate entities taxation system. His core area of practice is foreign company taxation which has given him an edge in analytical thinking & executing assignments with a unique perspective. He has worked as a consultant with professionally managed corporates. He has experience of writing in different areas and keep at pace with the latest changes and analyze the different implications of various provisions of the act.

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