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The Pros and Cons of Forming a Small Business Partnerships

There are currently about 2.2 million business partnerships in the US, which forms about 8% of all small businesses. While not the most common type of business entity, (S Corps make up about 73% of small businesses), partnerships are a popular choice among entrepreneurs. Before structuring a small business partnerships, you’ll need to consider the pros and cons of this type of entity.

Pros of Forming a Partnership

  • Partnerships are easy to form. In fact, they’re one of the only type of business agreements that can be formed with a handshake.
  • Partnerships are inexpensive to form. There is not a lot of paperwork and state filing to do with a partnership so they are relatively inexpensive. Business partners can draft the agreement themselves, or they can hire an attorney which normally costs anywhere from $500 to $2,000.
  • Partnerships offer favorable taxation to most smaller businesses.
  • Business partners have more say in the activities and management of their business.
  • Partnerships often do not have to pay minimum taxes that are required of LLCs and corporations.
  • Well-formed partnerships are often profitable and organized. If one partner decides to leave the business, they can do so without much consequence, if it was written into the agreement.
  • Each business partner brings a fresh perspective to the business and is able to share responsibilities, rather than running the business by themselves.

Cons of Forming a Partnership

  • Owners in a small business partnership are subject to unlimited personal liability for the debts, losses and liabilities of the business (except in cases of limited partnerships and limited liability partnerships).
  • Individual partners must take the responsibility of the other partner’s actions–even if they are unfavorable.
  • Poorly organized partnerships often lead to legal disputes and lawsuits. Partnerships can quickly become expensive when it comes to solving disagreements.
  • Because partnerships are jointly owned, each partner must share the successes and profits of their business with the other partners. An unequal contribution of time, effort, or resources can cause discord among business  partners.

Pros of Forming a Partnership

Discuss the pros and cons of forming a partnership with your partner before settling on an agreement. Talk through even the awkward “what if” situations to get a feel for whether the partnership is a good fit. It’s best to consult a professional before entering into a partnership if you think there is a possibility you might regret the agreement somewhere down the road.

FAQs on Small Business Partnerships:

How easy is it to form a partnership? Forming a partnership is relatively easy and can even be established with a handshake, making it one of the simplest business agreements.

2. What are the key advantages of partnerships? Partnerships offer favorable taxation, shared responsibilities, and more say in business activities, fostering profitability and flexibility.

3. What are the risks associated with partnerships? Partnerships entail unlimited personal liability for debts, potential conflicts, and the obligation to share profits, possibly leading to discord among partners.

4. Can partners exit a business without consequences? Well-drafted agreements allow partners to leave without severe consequences, but poorly structured partnerships can lead to disputes and legal issues.

5. How crucial is professional advice before forming a partnership? Consulting professionals is highly recommended to navigate potential regrets and ensure clarity on the terms and possible scenarios within the partnership agreement.

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How to Structure a Small Business Partnership in 3 Steps

A partnership is a business form created automatically when two or more persons engage in a business enterprise for profit. It is the only business structure that can be created by an oral agreement, though an oral agreement is not recommended. As a business runs its course, owners are sure to have differing opinions which can quickly escalate into disputes--especially if the duties and responsibilities of each partner are not outlined in a specific written agreement.

In order to form a legal, binding, and secure small business partnership, there are a few steps you can take to ensure the happiness and satisfaction of both business partners.

1. Decide which type of partnership you plan to form. There are a few common types of partnerships you can create when starting your small business venture.

  • The General Partnership: This is the simplest of all partnerships and is almost always the case with oral agreements. In a general partnership, all partners share in the management of the entity, in the entity’s profits, and in the liability of the business. Matters relating to the ordinary business operations of the partnership are decided by a majority of the partners. In this type of partnership, the two partners may own different percentages of the business and have more or less say in things.
  • The Limited Partnership: In this case, the partners contribute capital and share in the profits but normally do not participate in the management of the enterprise. Limited partners incur no liability for debts beyond their capital contribution. The limited partnership is commonly used in the restaurant business, with the founders serving as general partners and the investors as limited partners. A limited partnership generally requires more paperwork and official filings with the state to be recognized. Many businesses choose to form an LLC rather than a Limited Partnership.
  • Joint Venture: This acts as a general partnership, but for only a limited period of time or for a single project. Partners in a joint venture can be recognized as an ongoing partnership if they continue the venture, but they must file as such.

2. Discuss these important points. You’ll need to make decisions on the following:

  • How decisions will be made
  • How ownership will be shared
  • How and when business owners will be paid
  • Develop an exit strategy
  • Other details including any personal preferences, employee management, vacation time, office schedules, investments, etc.

3. Hire a professional to take care of the paperwork. While it is legal and perfectly normal for business partners to write up their own documentation of partnership, it is not advised. It’s best to bring in an attorney to draw up the agreement, check with the state on any legal filings that need to take place, and remind the partners of any points that may be missing from their agreement. It generally costs anywhere from $500 to $2,000 to have an attorney draft a partnership agreement for small business owners, depending on the complexity of the arrangement.

Structuring a small business partnership doesn’t have to be complicated, but it is important to be thorough in the agreement in case problems arise in the future. The partnership agreement can be revised as the business evolves, at the consent of both partners.

Take the stress out of partnership documentation. Partner with Vyde, your accounting professionals offering more than tax filing. Access a team dedicated to saving you money, providing insights, and proactive advice for your business finances. Let us identify deductions that bring significant savings to your business. Reach out today!

FAQs for Structuring a Small Business Partnership:

  1. What are the main types of partnerships for small businesses?

    The main types include General Partnership, Limited Partnership, and Joint Venture. Each has distinct features regarding management, liability, and participation.

  2. What key aspects should be discussed when forming a partnership?

    Important discussions involve decision-making processes, ownership shares, payment methods, exit strategies, employee management, and other preferences impacting the business.

  3. Is it necessary to hire a professional for partnership paperwork?

    While partners can draft their agreement, it’s advisable to involve an attorney for legalities, ensuring completeness, and filing requirements. Attorney fees typically range from $500 to $2,000 based on the agreement’s complexity.

  4. Can a partnership agreement be altered as the business grows?

    Yes, partnership agreements can be revised with both partners’ consent as the business evolves. It’s crucial to update the agreement to accommodate changes and prevent future disputes.

  5. What risks are associated with forming an oral partnership agreement?

    • An oral agreement lacks legal protection and clarity. Disputes can escalate quickly, as duties, responsibilities, and profit-sharing might not be explicitly defined, leading to potential conflicts.

Interested in Learning More?

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second IRS tax deadline

Up until 2005, a tax deadline extension granted an individual or business an additional four months to file taxes, beyond the April 15th filing deadline. If taxes could not be filed within that time period, a second extension was available and granted an additional two months to file taxes. However, the IRS has since done away with this rule. Second IRS tax extensions are no longer available for business taxes, and are only available in specific circumstances for personal taxes.

If you filed a tax deadline extension by April 15th, your new deadline to file personal taxes is October 15th. While a tax deadline extension grants additional time to fill out and submit your tax forms to the IRS, it does not grant additional time to pay any taxes that may be due. All tax payments must be made by April 15th, and are generally submitted with the tax extension form.

In special circumstances, the IRS grants individuals a second IRS tax deadline extension for personal taxes. These circumstances include:

Members of the US Military: Members of the Armed Forces who are serving in a combat zone or contingency operation at the time their taxes are due, are eligible for a second personal IRS tax deadline extension of up to six months. The tax extension begins once their deployment ends.

Taxpayers Living Outside the US: In certain situations, taxpayers living outside the United States are granted an additional two month tax deadline extension for their personal taxes. This request must be made by October 15th, and can be done by filling out the appropriate second tax extension form on the IRS website.

Other posts that might interest you:

6 Reasons Why Filing a Tax Extension with the IRS is a Good Decision

Top 10 Things You Should Do If You File a Personal Tax Extension

Q&A: How to file an individual income tax extension with the IRS

Q&A: Do I need to request a state tax extension if I filed an IRS tax extension?

Q&A: My 6 month extension on my personal taxes is due on 10/15.  Help!

Q&A: What if I missed the IRS tax extension deadline?

Q&A: What if I can’t file my personal taxes by my IRS tax extension deadline?

In the United States, the majority of small businesses pay their employees bi-monthly. However, creating an appropriate payment timetable for employees presents a notable difficulty for small business owners, demanding thorough contemplation of multiple factors.

Federal and state laws require that a small business pays their employees at regular intervals. That is, a company cannot pay an employee twice in one month, and then only once the next month. Regardless of the time in between payroll, it must be scheduled at regular intervals.

The IRS does not mandate a certain number of pay periods each year. However, some states impose minimum payment frequencies. For example, Massachusetts, Ohio, and Utah require that employees are paid semi-monthly.

How Often Should Small Business Pay Employees

Benefits of a Well-organized and Systematized Payroll Schedule

A systematized payroll schedule holds significant importance for businesses due to several key reasons:

Consistency and Predictability

A set payroll schedule provides consistency and predictability for both employers and employees. It establishes clear expectations regarding when employees will receive their pay, promoting stability and reliability within the organization. This consistency fosters trust and satisfaction among employees, reducing uncertainties about their financial situations.

Compliance with Regulations

Adhering to a regular payroll schedule ensures compliance with various federal and state labor laws and regulations. These regulations often dictate specific deadlines for paying employees, and a structured schedule helps ensure that these deadlines are consistently met, avoiding potential legal issues or penalties.

Efficient Time Management

A systematic payroll schedule allows employers to efficiently allocate time and resources for payroll processing. By having predefined dates for tasks such as collecting employee hours, calculating wages, and processing payments, it streamlines the workflow and prevents last-minute rushes or errors in payroll processing.

Better Financial Planning

A scheduled payroll system facilitates better financial planning for businesses. It enables accurate forecasting of cash flow, allowing businesses to manage their finances more effectively. Knowing when payroll expenses occur helps in budgeting and prevents unexpected financial strains on the company.

Employee Morale and Retention

Timely and consistent paydays contribute to positive employee morale and satisfaction. When employees receive their wages on time, it enhances their trust in the employer and promotes a sense of appreciation for their work. This, in turn, can lead to higher employee retention rates and a more motivated workforce.

Reduced Errors and Discrepancies

A structured payroll schedule reduces the likelihood of errors and discrepancies in wage calculations or payments. With a set routine and ample time for processing, there’s less chance of rushed or inaccurate payroll, leading to fewer mistakes and subsequent corrections.

Enhanced Operational Efficiency

Implementing a systematic payroll schedule increases operational efficiency within the HR and accounting departments. It minimizes administrative burdens, allowing staff to focus on other critical tasks, thus optimizing overall business operations.

Small Business Pay Employees

Key Elements to Check for an Efficient and Successful Payroll Scheduling System

Employee Payment Frequency

Determine how often you will pay employees (weekly, bi-weekly, semi-monthly, or monthly) considering the needs of your business and state regulations. Ensure this frequency aligns with your cash flow and budget.

Compliance with Laws and Regulations

Familiarize yourself with federal, state, and local labor laws governing payroll schedules. Ensure your chosen schedule complies with minimum wage laws, overtime regulations, and pay frequency requirements.

Employee Preferences and Needs

Consider the preferences of your employees. Some may prefer more frequent payments for budgeting purposes, while others might prefer less frequent but larger paychecks. Gather feedback to understand their needs.

Business Cash Flow and Financial Planning

Assess your business’s cash flow to determine a payroll schedule that aligns with your financial capabilities. Ensure the schedule allows for timely payment of salaries while maintaining a healthy cash reserve.

Administrative Processes and Workflows

Evaluate the time needed for payroll processing, including tasks such as collecting employee hours, calculating wages, and processing payments. Design a schedule that allows sufficient time for these tasks without rushing or errors.

Payroll Processing Time

Consider holidays, weekends, or other non-working days that might impact payroll processing. Adjust your schedule accordingly to accommodate these days to ensure timely payments.

Payroll Process

Payroll Process: Ways to Compensate Your Employees

1. Understand State and Federal Payroll Laws

As a small business owner, it is important that you familiarize yourself with federal and state laws governing payroll. These laws cover minimum wage, overtime pay, tax withholding, and other regulations. Understanding these regulations is crucial to ensure compliance and avoid legal issues.

2. Choose a Payroll Schedule

Decide on a payroll schedule or pay period that suits your business and state regulations. Common schedules include weekly, bi-weekly, semi-monthly, or monthly pay periods. Ensure consistency and clearly communicate the schedule to employees.

There are several options of setting up a payroll schedule for employees. Some of them include:

  • Weekly: employees are often paid on the same day each week—normally Friday—for the previous week’s hours worked.

  • Bi-weekly: Like weekly, employees are usually paid on the same day of the week, perhaps every other Friday, for the immediate work done (Work September 1-14, paid for that work on September 14), or for the previous two weeks worth of work.

  • Semi-monthly: Payments are made to employees on the same days of each month, for example, the 1st and the 15th of the month. When these days land on a Saturday or Sunday, payday is typically pushed to either the Friday before or the Monday after.

  • Monthly: Paydays fall on the same day every month, normally the first or last day of the month.

You may pay your employees on different days of the month, which reduces the workload for the accountant at payroll time, but can also complicate things if meticulous payroll records are not kept.

3. Collect Employee Paperwork

Obtain necessary paperwork from employees, including Form W-4 (for federal tax withholding), Form I-9 (Employment Eligibility Verification), direct deposit authorization, and any other relevant forms mandated by federal or state laws.

These documents are essential for an employer to gather pertinent information from a new employee. They are typically completed on the employee’s first day of work and are crucial for legal and administrative purposes:

  1. Form I-9, Employment Eligibility Verification:

    This form is required by the U.S. Citizenship and Immigration Services (USCIS). It verifies an employee’s identity and authorization to work legally in the United States. It requires the employee to present acceptable documents to confirm their identity and employment eligibility.

  2. Form W-4, Employee’s Withholding Certificate:

    The W-4 form is used by the employer to determine the amount of federal income tax to withhold from the employee’s paycheck. It includes information such as the employee’s marital status, number of allowances, additional withholding amounts, and exemptions, which directly impact the tax withholding calculations.

  3. State Withholding Allowance Certificates:

    Some states require additional withholding allowance certificates apart from the federal W-4. These state-specific forms are used to determine the amount of state income tax to be withheld from the employee’s wages, based on state tax laws and the information provided by the employee.

Some companies choose to pay their hourly and salaried employees on different days of the month, which reduces the workload for the accountant at payroll time, but can also complicate things if meticulous records are not kept.

Since salaried employees are paid the same amount for each paycheck regardless of hours, they can be paid currently without any delay.

For example, a salaried employee who has an annual pay of $36,000 can be paid

  • $3,000 a month

  • $1,500 semi-monthly

  • $1,386 every two weeks. Since this amount has been rounded up, the last paycheck of the year may be slightly different to account for this difference.

On the other hand, paychecks for employees paid on an hourly basis take more time to calculate and the amounts are different from paycheck to paycheck.

4. Calculate Pre-Tax Pay

Determine employee’s gross pay by multiplying the number of hours worked by the hourly rate or using the agreed-upon salary. Deduct any pre-tax employee benefits, such as retirement contributions or health insurance premiums, from gross pay to calculate pre-tax pay.

5. Figure Out Tax Withholding

Use the information provided on Form W-4 to calculate federal income withholding tax. State income tax withholding may also apply, depending on the state. Utilize IRS guidelines and state tax tables to accurately withhold the correct amount.

6. Determine Net Pay

Subtract all deductions, including taxes and any post-tax deductions (like post-tax benefits or garnishments), from the pre-tax pay to arrive at the employee’s net pay—the amount they receive in their paycheck.

7. Distribute Paychecks

Distribute paychecks or arrange for direct deposits on the chosen payroll schedule. Ensure accuracy and timeliness in payments to maintain employee satisfaction and compliance with fair labor standards act laws.

8. File Taxes

Submit payroll taxes to the appropriate government agencies on time. This includes federal income tax withholding, Social Security, Medicare taxes, and state payroll taxes. Failure to file taxes properly can result in penalties.

9. Pay Into Benefits

If your business provides benefits such as health insurance or retirement plans, ensure that the employer’s contributions are made accurately and on time.

10. Maintain Payroll Records

Keep detailed records of all payroll-related transactions, including employee compensation, tax withholdings, benefits, and tax filings. Maintain these records for the required period as per federal and state laws.

Well-organized and Systematized Payroll Schedule

Before setting up a pay schedule for employees, consider the pros and cons and costs associated with payroll for your company. It is best to have a system including a small business bookkeeping in place before hiring employees so there is less confusion and adjustments to make as the company grows.

Visit more posts in our Payroll 101 series:

What is Payroll?

The 1099-Misc Explained

Setting Your Own Salary as a Business Owner

The W-2 Explained

What are the Costs Associated with Payroll?

5 of the Best Benefits to Offer Employees

The Power of the Employee Pay Stub