Welcome Guest. Register Now!  



Find a tax professional cpa near you

View Single Post
  #2 (permalink)  
Old 02-29-2008, 04:36 PM
TaxGuru's Avatar
TaxGuru TaxGuru is offline
Tax Guru
 
Join Date: Jan 2007
Location: New Jersey, USA
Posts: 1,862
Blog Entries: 3
What is the point of taking a Guaranteed Payment?

I agree with you that for individual tax purposes, both the distributive share of the income and the guaranteed payments are subject to Self-Employment Taxes!

But, sometimes in partnerships there is one partner who is a manager or operating partner who demands that he gets a fixed salary, or a payment for actively managing or operating the business. For this reason, this partner gets a guaranteed payment before any share of profit or loss distribution occurs.

The Net profit that results after deducting the normal and necessary business expenses along with Guaranteed Payments, is then shared amongst the share of the profits based on the partnership agreement.

Now, if there are 2 partners and both are operating the business and putting in equal time and effort, there could be case made that there be no guaranteed payments at all, and then you could allow the flow of this income to be subject to self-employment taxes for both the partners.
__________________
Find a CPA near you!

Ask TaxGuru Please refer to the legal disclaimer.
Reply With Quote
 
Follow us on Twitter
» Categories
 
Individual
 » Income
 » IRA/Sep
 » Medical
 
Corporations
 
Forum for CPAs
 
Financial Planning