Oklahoma 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

Partnerships are considered pass-through entities. That means that any income or losses are passed through the partnership to the individual owners, who are then responsible to account for that income or loss on their income tax returns.

Oklahoma's apportionment formula consists of sales, payroll and property weighted equally and a throwback rule which takes out-of-state sales and lumps them into a corporation's Oklahoma income when the corporation makes sales in a state that does not tax the income.

Business income from a partnership is generally computed in the same manner as income for an individual. That is, taxable income is determined by subtracting allowable deductions from gross income. This net income is passed through as ordinary income to the partner on Schedule K-1.

The maximum amount of salary, bonus, commission or other remuneration to all the partners during the previous year should not exceed the limits given below: On first 3 lakhs of book profit or in case of loss ? ? 1, 50,000 or 90% of book profits (whichever is higher). On the balance book profit 60% of book profit.

There are 2 types of distributions: a current distribution decreases the partner's capital account without terminating it, whereas a liquidating distribution pays the entire capital account to the partner, thereby eliminating the partner's equity interest in the partnership.

Unless the partnership agreement contains other provisions that meet the allocation requirements (See PTM 1040), the tax allocation has no economic effect and has to be reallocated to the partners based on their economic sharing ratio (50/50). 20% of the partnership taxable income and 1% of the partnership loss.

Unless you specify otherwise, the law will generally divide profits and losses equally between equal partners. Many factors can affect how a partnership splits its profits and losses.

In a business partnership, you get to decide how you split the profits but all partners must agree on a profit-sharing ratio. You can choose to split the profits equally, or each partner can receive a different base salary and the remaining profits will be distributed evenly.

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Oklahoma Formula System for Distribution of Earnings to Partners