General Partnership Case Study

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George is not to contribute anything and will provide his services and will get profit share 15%. For him General Partnership will be appropriate as he will be a general partner and therefore will be actively involved in the management of the business. This is because he is offering personal services to the business and hence he can properly manage the business. There are no filings that need to be made there is also no paperwork that is required during formation. Hence the formation is easy. Kim will contribute $150,000 cash and will get 25% share. In this case S-Corporation will be better for her as Kim will be entitled to vote for the board of directors using her 25% ownership. This will ensure that she vote for a responsible board since It can be created by forming a partnership deed and is least expensive as well. Under general partnership not much legal formalities are required. It can operate in multi states without getting a new permit for each state. A general partnership can be formed with oral agreement but it is desired to have written partnership agreement. (ii) Management All partners or some partners can manage general partnership. In the present case George and Murtha can mange partnership business. Working partners are entitles for salaries, which are deducted before distribution of profits of partnership. The partners if agrees can also charge interest on capital invested by them. (iii) Liability for liabilities of business In general partnership liability of all partners is unlimited. Partners are liable in personal capacity towards liabilities of business if a business asset fails to meet out business liabilities. (iv) Transferability of ownership interest Transfer of interest in partnership is little difficult and requires dissolution deed and fresh agreement with new partner. (v) Federal Income Tax advantages and Corporation is also liable to pay taxes when it pays dividend. Dividend received by shareholders is not taxable in hands of shareholders but if shareholder is director and receives salary will be taxed on it in individual capacity. The tax basis of FFE contributed by Tom will be fair market value of FFE. S corporation help corporations to reduce the amount of self-employment tax liability while still reducing the wages paid and deductions for the corporations. This aspect of S Corporation makes it more favorable for Pass-through taxation. An S corporation is exempted from paying federal taxes at the corporate level. In an s corporation any business income or loss will be passed to the shareholder and therefore any business losses can be used to offset other income on the shareholders tax returns this will greatly help at the starting phase of businesses. There is elimination of double taxation. It’s only the salaries that will be taxed the dividends are not

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