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Home > Taxation > Form 1065: Self-Employment Tax and State Treatment
Prerequisite
Overview of Federal Income Taxation or comparable
Knowledge Level
Intermediate
Copyright 2009

Publication Date
October, 2009
Form 1065: Self-Employment Tax and State Treatment
Introduction Organization Learning Objectives Author Bios

Title: Form 1065: Self-Employment Tax and State Treatment
Prerequisite: Overview of Federal Income Taxation or comparable knowledge/experience
Advance Preparation: None
Knowledge Level: Intermediate
Subject Matter Area: Taxes
Date of Publication: October 2009
Copyright © 2009 by Bisk Education, Inc. All rights reserved.
Recommended CPE Credits: 1 QAS/Registry (50-minute hour)
Expiration Date: One year from date of receipt to complete program and submit quizzer to obtain credit
Passing Grade for Quizzer: 70 percent or higher


Most practitioners deal with Form 1065, U.S. Return of Partnership Income, on a regular basis. This program takes a look at self-employment taxes for partners and LLC members and provides an overview of the state treatment of partnerships and limited liability entities.

This program includes expert analysis by Ian J. Redpath, JD, LLM, and Michael J. Tucker, LLM, CPA, on audio and video.

Use of Materials

Audio or DVD
The user should begin by watching the DVD segment or listening to the audio CD for the chapter before reading the text. The user may wish to make notes of the most important concepts and any terms that are new. Next, the user should review the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. It may be helpful to highlight important material and/or to make additional notes. Next, the user should complete the study questions at the end of the chapter and review the answers. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished watching the DVD or listening to the audio CDs and reading the text and working through the study questions, s/he may wish to review her/his notes and any sections of the text or DVD or audio CDs that were difficult. When the user is ready, s/he should complete the quizzer. Reviewing notes periodically will increase retention of the material.

Online
The user should begin by watching the streamed video segment, if any, or listening to the streamed audio segment, if any, for the chapter before reading the text. The user may wish to make notes of the most important concepts and any terms that are new. Next, the user should review the learning objectives at the beginning of the chapter and read the chapter. The user should work through each of the examples. After the user has studied each chapter, s/he should click on the link at the left to complete the interactive study questions. If the user answers a study question incorrectly, s/he should review the section of the text that is indicated at the end of the explanation to the study question to assure comprehension of the material. The user should review the learning objectives once more to consider achievement of the objectives. After the user has finished watching the streamed video, if any, or listening to the streamed audio, if any, and reading the text and working through the study questions, s/he may wish to review her/his notes and any sections of the text or video/audio, if any, that were difficult. When the user is ready, s/he should click on the link to the left to complete the quizzer. The user's CPE certificate will be provided immediately upon successful completion of the quizzer.


This program is divided into three (3) chapters.

Chapter 1 reviews the impact of self-employment (SE) tax, the importance of the practitioner's role in advising clients on the application of SE tax, and the current rates of SE tax and amount of net earnings from self-employment subject to SE tax.

Chapter 2 addresses general and limited partners and which items of income are subject to SE tax for each, the requirements for excluding retirement payments to partners from net earnings from SE, rental payments, guaranteed payments, the current position of the IRS regarding SE tax in partnerships/LLCs and the potential problems, opportunities, and proposed regulations, and amended IRC §761 which allows a "qualified joint venture" to opt out of partnership treatment.

Chapter 3 provides tables that (1) compare the legal aspects of various forms of business entities, (2) compare the state treatment of LLCs and LLPs, and (3) summarize the states with net-worth or debt-based corporate franchise taxes.

Helpful Guidance

Throughout this program, the user will find explanations and discussions regarding some of the issues that often face practitioners. In order to enhance the user's comprehension of the material and highlight important practical considerations, this publication includes the following designations:

A Biskalert is intended to warn the practitioner of a particular situation that may require action or other consideration by the taxpayer or the practitioner on behalf of the taxpayer.

A Biskpoint presents analysis or commentary that attempts to explain or clarify statutory or regulatory authority or decisions by the judiciary.

A Bisktip provides practical advice that may be used to help improve client service or service to the practitioner's organization.




Upon successful completion of this program, the user should be able to determine the amount of self-employment income subject to both Social Security tax and Medicare tax, explain the requirements for excluding retirement payments to partners from net earnings from self-employment, and explain the general state treatment of partnerships and limited liability entities.




Stephen T. Galloway, JD, joined Bisk Education, Inc., as a tax editor in 1991 and has served as Vice President and Managing Editor since 1995. He is responsible for all content development in the CPA Review and Continuing Professional Education product lines, as well as all audio and video operations of the Company. Mr. Galloway's background includes more than a decade of legal and public accounting experience, mostly in the tax and litigation services groups of Coopers & Lybrand, LLP (now PricewaterhouseCoopers, LLP). He has authored several books and monthly publications in the area of taxation, as well as produced numerous audio and video programs in taxation, accounting and auditing, and graduate-level business administration. Mr. Galloway earned his undergraduate degree in Social and Behavioral Sciences from The Johns Hopkins University and his Juris Doctorate from University of Maryland School of Law. (Author)

Ian J. Redpath, JD, LLM, is a nationally recognized tax attorney and consultant from Buffalo, New York. He is a principal in the Redpath Law Offices in Buffalo and New York City where he specializes in tax litigation matters. Mr. Redpath has published numerous articles on contemporary tax issues and co-authored several books. He has extensive national and international experience in developing, writing, and presenting professional CPE programs. Mr. Redpath holds a Bachelor's degree from Hillsdale College, a JD from the University of Detroit, and an LLM (tax emphasis) from the University of Wisconsin. In addition to his active tax practice, he serves as an Associate Professor of Taxation at Canisius College in Buffalo. (Contributing Author/Speaker)

Michael J. Tucker, LLM, CPA, is a consultant with the accounting firm of T.M. Byxbee Company, P.C., in Hamden, Connecticut. In his practice, Mr. Tucker handles a wide variety of client transactions, including mergers and acquisitions, entity formations and dissolutions, and distributions to owners/shareholders/partners. He is also a Professor of Accounting at Quinnipiac University in Hamden, Connecticut. Author of over 100 articles and books dealing with various tax topics, Mr. Tucker is a frequent lecturer at conferences and seminars throughout the country. Recently, Mr. Tucker has expanded his practice and lecturing to include topics related to the workplace, including sexual harassment and employer/employee relations. He holds an LLM in Taxation from Georgetown University Law Center, a Juris Doctorate from New York University School of Law, a PhD in Accounting from University of Houston, and an MBA from New York University. (Contributing Author/Speaker)

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