TAX 655 - Module Seven Activity

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Southern New Hampshire University *

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655

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Accounting

Date

Feb 20, 2024

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docx

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4

Uploaded by ChiefMoleMaster384

1 Module Seven Activity Southern New Hampshire University TAX 655: Federal Income Tax of Corp William Whitley January 28, 2024
2 Client Letter January 28, 2024 RE: LLP Advice Smith & Associates, Operating your legal business as a limited liability partnership comes with specific nuances that should be considered. This is a common business type for lawyers and other groups of professionals with a lot of experience who serve clients in some capacity. The benefit of this type of partnership is that the liability is limited to the partnership assets, and does not affect personal assets. Additionally, if a mistake is made by one partner, the other partners are not liable for that mistake. (Beattie, 2024) With Smith & Associates, there are four partners with equal shares, and income will be generated primarily through bankruptcy and foreclosure clients. Guaranteed income that is paid to each partner in an LLP is considered self-employment income and is taxed as such, however any distributive shares paid out to the partners is not taxed as self- employed income as long as it is not guaranteed income. (IRS, 2023) These are IRS guidelines, so the partners need to be very clear what income falls under each part so that it is reported properly for taxation. Anyone who is employed by the LLP, but are not a partner, should be paid as such and would not be considered self-employed. (Beattie, 2024) In regards to taxation, an LLP acts as a flow-through, so each partner is paid out with untaxed funds and is responsible for paying their own taxes on the portion received. This is a benefit because the partnership is not taxed as an entity itself, nor are the distributions taxed. This, however, means that each partner needs to ensure that the guaranteed pay portion is filed as self- employment income, and any non-guaranteed distributed shares are not taxed as self-employed income.
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