Ohio Formula System for Distribution of Earnings to Partners

State:
Multi-State
Control #:
US-L05041A
Format:
Word; 
PDF; 
Rich Text
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Description

This Formula System for Distribution of Earnings to Partners provides a list of provisions to conside when making partner distribution recommendations. Some of the factors to consider are: Collections on each partner's matters, acquisition and development of new clients, profitablity of matters worked on, training of associates and paralegals, contributions to the firm's marketing practices, and others.

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FAQ

The IT 4708 is a composite income tax return a PTE elects to file on behalf of its qualifying investors. It is filed in lieu of the IT 1140 (the PTE withholding return). Unlike the IT 1140, a PTE can use the IT 4708 to claim credits or payments made on its behalf by other PTEs.

Now that partnerships and S corporations have the opportunity to deduct state taxes as C corporations do, they must also pay state taxes as C corporations do, which includes quarterly estimated tax payments and payments with extensions of time to file returns.

Who Should file the IT 1140? A qualifying PTE is required to file an IT 1140 when it is subject to withholding or entity tax on distributive shares of income issued to qualifying investors.

Each member should expect to pay the federal self-employment income tax of 15.3% (12.4% for social security and 4.9% for Medicare). At the state level, Ohio LLCs will be subject to company and individual income taxes, and may also have additional Ohio business taxes such as sales tax.

A partnership must file an annual information return to report the income, deductions, gains, losses, etc., from its operations, but it does not pay income tax. Instead, it "passes through" profits or losses to its partners.

Ohio partnerships are not taxed as corporations unless they are classified as corporations for federal tax purposes. ( Sec. 5733.01(E), Ohio R.C.; Information Release, Ohio Department of Taxation) Income and losses, including net operating losses (NOLs), of a partnership pass through to partners.

The amount of business income and deductions apportioned to Ohio is determined by multiplying the net business income by an Ohio apportionment ratio, which is the sum of the property, payroll and sales factors (please refer to the business income worksheet on Ohio IT 2023, Part III).

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Ohio Formula System for Distribution of Earnings to Partners