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Must I Pay Self-Employment Taxes on LLC Partnership Profits if We Don't Take Distributions? (Keeping Money for Next Year's Expenses)

I've got a tax situation with our engineering services side business that's confusing me. My buddy and I run an LLC partnership (50/50 split) where we both actively work on client projects. From what I understand about partnerships, profits normally get distributed to partners based on ownership percentage. Passive members pay regular federal tax on K-1 box 1 profits, while active members like us have to pay both federal AND self-employment tax on box 14 amounts. Here's my question though - we made about $30k in revenue last year, spent $10k on insurance and licensing, leaving $20k profit. But instead of taking that money out, we're keeping it all in the company checking account to cover next year's expenses (gives us flexibility if work slows down or we need a break). I know we both need to report our share of profits in box 1 of our personal returns and pay regular income tax. But do we still have to pay self-employment tax when we didn't actually distribute any money to ourselves? The profits stayed in the business account and our balance sheets show that. Any tax pros have insight on this? Trying to file correctly but not overpay if I don't have to.

The short answer is yes, you still need to pay self-employment taxes even if you don't take distributions. With an LLC partnership, profits are taxed when they're earned, not when they're distributed. This is called "pass-through taxation" - the LLC itself doesn't pay taxes, but the profits "pass through" to the partners' personal tax returns, regardless of whether you physically take the money out of the business. Since you and your partner are actively working in the business (providing engineering services), your profits are considered earned income subject to self-employment tax. The funds remaining in the business account doesn't change their tax treatment - they've still "passed through" to you for tax purposes. Those profits will show up on your Schedule K-1 (Form 1065), and each partner will report their share on Schedule E and Schedule SE of your personal returns. The Schedule SE is where you calculate the self-employment tax.

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Thanks for the response! Just to be sure I understand correctly - even though we're leaving 100% of the profits in the business account to cover future expenses, we still need to pay self-employment taxes on our portion of the profits? That seems kinda rough since we'll need to come up with cash out of our own pockets to pay taxes on money we didn't actually receive. Is there any way to structure this differently to avoid that situation?

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Yes, that's exactly right. You still need to pay self-employment taxes on your portion of the profits even if 100% stays in the business. This is one of the challenging aspects of pass-through taxation. There are some alternative approaches you could consider. You could elect to be taxed as an S-Corporation instead of a partnership. With an S-Corp, you'd pay yourselves "reasonable salaries" (which are subject to employment taxes) and then any additional profits could be taken as distributions (which aren't subject to self-employment tax). However, this comes with additional administrative requirements like running payroll and filing more complex tax returns. You'd also still need to pay income tax on all profits regardless of whether you take distributions.

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Dylan Fisher

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After dealing with a similar situation in my consulting LLC, I found a tool that really helped me understand my tax obligations. I was confused about self-employment taxes on retained earnings too, and tax forums gave me conflicting advice. I used https://taxr.ai to analyze my partnership agreement and previous tax returns. The AI explained how pass-through taxation works specifically for my situation and identified several deductions I had missed. It helped me understand why self-employment taxes apply even when profits stay in the business, and clarified what expenses were legitimate business deductions to reduce our taxable income. The tool even generated a customized tax strategy document that I could share with my partner to explain why we needed to budget for taxes on undistributed profits.

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Edwards Hugo

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That sounds interesting, but I'm skeptical about AI tax tools. How accurate was it for your partnership situation? Did your accountant verify the advice it gave you?

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Gianna Scott

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Does it handle complex situations like having both active and passive partners in the same LLC? My situation is similar to OP's but we have a silent investor too.

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Dylan Fisher

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For the accuracy question - yes, my accountant reviewed everything and was impressed by how the analysis aligned with what he would have advised. What made it especially helpful was that it explained why certain rules applied to my specific situation rather than just stating the rules. The documentation it provided saved me money on accountant fees since I didn't need as much time with him to understand my options. Regarding complex partnerships with both active and passive partners - absolutely! It actually specializes in parsing complicated business structures. You can upload your partnership agreement and it will identify the different classifications of income for each partner type. It even caught a discrepancy in how we were distributing certain expense deductions between active and passive members.

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Gianna Scott

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Just wanted to follow up on my tax situation. I tried the taxr.ai tool that was mentioned here and it was incredibly helpful for our mixed partnership structure. We have two active partners and one passive investor, and I was confused about how to handle the different tax treatments. The tool analyzed our operating agreement and historical K-1s, then created a detailed breakdown of each partner's tax obligations - showing why active partners face self-employment taxes while our passive investor doesn't. It also created a projection tool showing how different profit retention strategies would impact our personal tax situations. What really impressed me was how it explained the "guaranteed payments" option as an alternative to distributions, which gives us more flexibility with our cash flow while still satisfying our tax obligations. My tax preparer was impressed with the detailed analysis.

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Alfredo Lugo

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I had the exact same problem when dealing with the IRS about my partnership profits last year. Kept calling about self-employment taxes on retained earnings and couldn't get through to anyone who could help - just endless hold music. I finally tried https://claimyr.com after someone recommended it here, and it was a game-changer. They got me connected to an actual IRS agent in about 45 minutes (after I'd wasted days trying on my own). You can see how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed what others have said - partnership profits are taxed when earned regardless of distribution status. But she also walked me through some options for managing cash flow around tax time and explained how to properly document business purposes for retained earnings.

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Sydney Torres

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How exactly does this work? It sounds too good to be true. The IRS phone system is notorious for being impossible to navigate.

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I'm calling BS on this. No way they can get you through to the IRS when nobody else can. Sounds like a scam to get your money and personal info.

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Alfredo Lugo

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The way it works is pretty straightforward - they use automated technology to navigate the IRS phone tree and wait on hold for you. When they reach a live agent, you get a call to connect you. It's basically like having someone wait in line for you. Regarding the skepticism, I completely understand. I was doubtful too which is why I checked out their demo video first. But the reality is they're not doing anything magical - just automating the painful waiting process. They don't need sensitive personal info either - they just need enough details to get you to the right department. When the IRS agent comes on the line, that's when you provide your specific tax details directly to the IRS, not to the service.

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Need to eat my words here. After posting my skeptical comment, I decided to try Claimyr myself since I've been trying to reach someone at the IRS about a similar partnership tax issue for weeks. It actually worked exactly as advertised. I got a call back in about an hour saying they had an IRS agent on the line. The agent was able to confirm everything about self-employment taxes on retained earnings and even helped me understand some special provisions for professional service partnerships. The conversation saved me a significant amount in potential penalties since I was about to file incorrectly. The agent explained that the self-employment tax obligation exists regardless of distributions, but pointed me to some specific documentation requirements for retained earnings that can help substantiate business purpose in case of an audit. Worth every penny for the time saved and stress avoided.

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Caleb Bell

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Just to add something that hasn't been mentioned - you might want to look into setting up a SEP IRA or Solo 401(k) for your partnership. Since you're paying SE tax anyway, you can use some of those retained earnings as retirement contributions. My husband and I have a similar engineering consulting LLC, and we found that redirecting some profits to tax-advantaged retirement accounts helps reduce our current tax burden while still keeping the money invested for our benefit rather than just taking it as personal income. You'd still pay SE tax on the full profit amount, but the retirement contributions would reduce your income tax. Plus, it gives you another legitimate business purpose for retaining some earnings in the company.

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That's a really interesting approach I hadn't considered! How complicated is it to set up these retirement accounts for a partnership? Do we need to do anything special with our bookkeeping to make sure it's all documented properly?

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Caleb Bell

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Setting up retirement accounts for a partnership is surprisingly straightforward. For a SEP IRA, you can open accounts at most major brokerages with minimal paperwork. Solo 401(k)s require a bit more documentation but offer higher contribution limits and more features. For bookkeeping, you'll want to make sure the contributions are properly categorized. Since these are considered "partner expenses" rather than business expenses, they don't actually show up on the partnership tax return. Instead, each partner makes their contribution individually based on their share of self-employment income. You'll need to keep records of these contributions with your personal tax documents, not the business books.

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Has anyone tried just establishing an "accountable plan" for the LLC? We did this with our engineering partnership and it helped with cashflow. Basically, we documented that certain retained earnings were being held in anticipation of specific business expenses for the following year. Then we reimbursed ourselves when we actually incurred those expenses personally. Our accountant said this doesn't eliminate SE tax on the original profits, but it creates a clean paper trail and business justification for why we're keeping funds in the company account.

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Rhett Bowman

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We did something similar but our CPA warned us that the IRS looks very closely at accountable plans in partnerships. The reimbursements have to be for legitimate business expenses that would be deductible if the partnership paid them directly. You can't just create a general fund for future expenses and call it an accountable plan.

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One thing that might help with the cash flow issue is to make quarterly estimated tax payments throughout the year instead of waiting until tax time. Since you know you'll owe SE tax on your share of profits regardless of distributions, you can set aside money each quarter based on your projected earnings. For our consulting LLC, we calculate roughly 15.3% for SE tax plus our marginal income tax rate, then multiply that by our expected quarterly profits. We transfer that amount to a separate "tax savings" account each quarter. This way, when tax time comes around, we're not scrambling to find cash to pay taxes on money that's still sitting in the business account. Also worth noting - if you're consistently retaining earnings year over year, you might want to consider whether some of those retained funds could be reclassified as loans to the partners rather than undistributed profits. This gets complex and definitely needs professional guidance, but it's another structure some partnerships use to manage the cash flow vs. tax timing mismatch.

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