Is a partnership the same as a multi-member LLC?
No. An LLC is a state-law entity, while partnership can describe a state-law relationship or a federal tax classification. A domestic multi-member LLC generally defaults to partnership treatment for federal income-tax purposes unless an eligible election changes that classification, but the state-law rights and liabilities can differ substantially.
Does this service include a partnership or operating agreement?
No. An agreement controls important rights and responsibilities among the owners. Tavella CPA Group can identify tax information that should be coordinated with counsel, but it does not draft or interpret ownership, management, voting, transfer, indemnification, buy-sell, dispute, or other legal provisions.
Will the partnership need an EIN and Form 1065?
A partnership generally needs an EIN and files Form 1065 to report its income, deductions, gains, losses, and other tax items. Schedule K-1 reports each partner's share. Exceptions and special classifications can apply, so the entity, activity, owners, and current filing rules must be reviewed.
Can partners be paid as W-2 employees?
Partners performing services for a partnership are generally treated as self-employed rather than employees of that partnership. Guaranteed payments, distributions, draws, reimbursements, and allocations follow different rules and should be planned with the agreement, books, estimated taxes, and partner returns in mind.
Do partners owe tax only when cash is distributed?
Not necessarily. A partner may have to report an allocated share of partnership income even when the partnership does not distribute the same amount of cash. Distribution policy, tax distributions, basis, capital information, debt, withholding, and estimated payments should be considered before owners rely on available cash.
Who is the partnership representative?
A partnership subject to the centralized partnership audit regime generally designates a partnership representative for each tax year unless it validly elects out. The representative can have broad authority for that year's federal partnership audit proceedings, so the designation should be coordinated with the owners and legal counsel when appropriate.
Are every state registration and the first tax return included?
No. Each state filing, foreign qualification, tax registration, Form 1065, Schedule K-1, owner return, bookkeeping period, payroll responsibility, and other service is included only when listed in the written engagement. Availability depends on the jurisdictions, ownership, records, deadline, and complexity.