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Partnership Tax Year and Limited Liability Partnership (Essay Sample)

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"Partnership Tax Year and Limited Liability Partnerships" Please respond to the following: Discussion Question 1 The IRC restricts the choices for a partnership‘s tax year to prevent the deferral of tax. This causes most partnerships to adopt a calendar year for tax reporting. From the e-Activity, create a scenario using a fiscal tax year which allows a partnership to defer taxes that meet the requirements of Sections 706 and 444 of the IRC. Discussion Question 2 As discussed in the text, large accounting firms and other professional firms operate as limited liability partnerships (LLPs). Contrast the LLP form of business under state laws to the LLP for tax purposes. Next, suggest the major reasons why a new entity would choose an LLP over a traditional partnership for tax purposes. **These are two separate questions**

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Discussion Questions
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Discussion Questions
Response to question 1
The selected fiscal tax year is the year ending September 30. In keeping with the conditions of the Section 444 election, the partnership will have to make required payment on Form 720 representing the amount of tax deferred by using the September 30 tax year. The required payment is calculated under the Section 7519 rules and is taxed a rate equivalent to the highest individual tax rate in addition to 1% multiplied by the deferred amount of income. It is worth mentioning that this tax is phased-in over a period of 4 years. If the partnership has a deferral of not more than $500, it is exempted from this payment. As soon as the election is made, it would remain in effect until the time when it is terminated.
Response to question 2
Limited liability partnerships (LLP) form of business under state laws are partnerships that provide professional services and have registered as a limited liability partnership under the laws of the state. An LLP essentially limits the personal liability of a partner for liabilities, obligations, and debts of the partnership, be it in contract, tort, or from wrongful acts, negligence, omissions or errors, except that a partner cannot remove liability for her own negligence. For tax purposes, a limited liability partnership which is treated as a partnership for the purposes of federal income tax would be treated as a partnership for state tax purposes. Similarly, a li...
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