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- 3/2022
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March 2022 Comments
In this issue:
Guaranteed Payments to Partners
Guaranteed payments to partners are, in effect, cash salaries - free of withholding tax deductions - paid to individual partners. The payment amount is negotiated between the partner and the partnership. The amount does not depend on the financial fortunes of the partnership. It is identical to a conventional salary paid by an employer to an employee, except that a conventional salary is net of all deductions for withholding taxes.
So why not drop the term "guaranteed payment to partners" and use "salary for partners" in its place as an ordinary expense on the income statement and in the business income tax returns? The reason is simple.
Recall that a partnership, as a pass-through entity, allocates a stated amount of its profit to each partner according to a partnership agreement. Each partner, in turn, must report the amount of profit allocated to him or her as taxable income and make withholding payments on the amount of allocated profit for social security, Medicare, and income tax. Since the allocation is a non-cash event, a partnership distributes cash to each partner, which may or may not approximate the amount of the individual profit allocation. The cash distribution serves as the cash source to pay a) a partner's personal income tax liability on taxable partnership income and to pay b) partner compensation. Further, the distributions received by the partners are tax-free to the partners, so long as they do not exceed the partner's "basis" in the partnership.
Guaranteed payments are used primarily to attract and retain exceptional talent or necessary financial resources. For such partners, guaranteed payments are compensation they will receive regardless of whether the partnership flourishes or falters. They do not take their chances on partnership profit and distributions. They lock in a sure thing, in effect.
Note, too, that if a partnership is profitable after meeting all operating expenses including guaranteed payments, those partners receiving the guaranteed payments share in the allocation of company profit. For them, there are two cash sources of compensation - guaranteed payments and cash distributions loosely associated with their share of the taxable profit of the partnership allocated to them.
From a partner's perspective, a substantial guaranteed payment is highly desirable. The partner must personally pay all withholding taxes associated with this taxable revenue on a quarterly basis, which is the sum of a) 15.30% of the guaranteed payment up to $142,800 in 2022 and b) the relevant income tax for the partner's level of taxable income.
The partner must also personally pay all withholding taxes associated with taxable profit allocated to him or her by the partnership, even though this amount of taxable income is a non-cash event for the partner. The cash associated with this allocated profit comes from distributions from the partnership. The distributions may be more, or they may be less, than the allocated profit.
With respect to a partner's income tax obligations from partnership employment, the mix between guaranteed payments and allocated partnership profit makes no difference. The partner must report both amounts as taxable income on Schedule E, initially, in his or her personal income tax returns. The partner must personally pay all withholding on both sources of taxable income.
But guaranteed payments can have serious ramifications for those partners who do not receive guaranteed payments. Should the guaranteed payments eliminate all partnership profit and deplete cash resources, the remaining partners may find themselves in a precarious financial position. For this reason, guaranteed payments are used with considerable discretion by partnerships. Liberal use of guaranteed payments can result in high and fixed operating costs, as well as contribute to partnership morale if only a favored few are assured the full benefits of the operation.
The best of all worlds for a partner in a partnership may be a high and substantial guaranteed payment, which pushes down taxable ordinary income for the partnership. The taxable ordinary income, in turn, may be eliminated by the application of the Section 179 Deduction, which reduces taxable ordinary partnership income to zero. Therefore, the only tax obligations applicable to the recipient of the guaranteed payment is the withholding required for social security, Medicare, and personal income tax on the amount of the guaranteed payment.
However, what might be the best of all worlds for an individual partner may not carry over to the partnership itself, particularly if future partnership performance and profitability are at all uncertain.
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The Past May Not be Prologue to the Future
In a recent New York Times article, Jeanna Smialek surveys the present economic landscape and reviews a) the major arguments supporting a return to a pre-pandemic normal and b) the major arguments supporting a new normal virtually impossible to anticipate amid the torrent of demand and supply shocks presently at work on the U.S. economy.
Those commentators and economists tilting toward an eventual return to the pre-pandemic normal point to the following considerations in support of their position:
At the other end of the spectrum are commentators and economists who question the validity of each of the considerations favoring a return to a pre-pandemic normal.
And then there is the war in Ukraine and further shocks to the supply of oil, gas, coal, wheat, and sunflower seeds.
Perhaps the former head of the Bank of England, Mark Carney, put it best in a recent speech to the effect that "...the long-term era of low inflation, suppressed volatility, and easy financing conditions is ending...it is being replaced by more challenging macro-dynamics in which supply shocks are as important as demand shocks...the bigger story is actually the war..." which is reinforcing the process of de-globalization that is already underway.
No clear answers and no clear indicators to the path the U.S. economy will follow from this point forward. But uncertainty and anxiety will certainly be with us for some time to come.
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Conflicting Signals from Past Events
The U.S. economy can survive the recent oil price increases from supply side shocks, including supply side shocks triggered by the war in Ukraine, and avoid a recession, according to a recent commentary in The Economist.
The historical evidence points in the other direction, however. As one observer noted, there have been six occasions since 1970 in which a recession occurred following an increase in oil prices that exceeded their trend by more than 50%. As of February 2022, oil prices had already passed this 50% benchmark.
In addition, historical evidence suggests that the underlying forces driving up oil prices that lead to a recession may be either excess demand or supply limitations and not exclusively one or the other. The Suez crisis in 1956 and the OPEC embargo in 1972, each followed by a recession, were supply side events. Oil price increases which preceded the 2008 Great Recession were triggered by excess demand.
However, there are several reasons why the present supply side shocks to oil prices may be absorbed by the U.S. economy without setting off forces that result in a recession.
Perhaps the Federal Reserve can remove massive oil price increases from center stage in assessing the reasons for the status and trends in consumer prices today. But the Federal Reserve's task remains no less daunting in attempting to shape the correct policy responses to dampen inflation and inflationary expectations without tipping the U.S. economy into recession. And it does so at a time when decades of globalization and its smoothing impact on consumer prices is subject to significant dismantling and further supply side shocks.
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Solving Problems by Taking a Walk
In a review of selected anecdotes and studies about problem solving, The Economist notes that sitting at a desk in the office and staring at the ceiling falls outside the conventional definition of work but, rather, falls within the conventional definition of loafing. Loafing, as we all know, is non-productive. Therefore, the successful employee must be observed throughout the day in constant activity of a work-like nature, such as attending Zoom meetings, participating in conference calls, engaging face-to-face with the boss, sitting enraptured in front of a desktop monitor, or punching data into a spreadsheet.
But perhaps there is a role for the insensitive employee caught periodically staring at the ceiling while his or her desktop monitor long ago went to sleep. Such an employee may be carving out time to think, and his or her thought process during these periods of loafing may bear fruit. For example, a 2021 study concluded that difficult work-related problems triggered daydreaming by professional staff about potential solutions which resulted in more creativity. An earlier study found that people in general were more creative while taking a walk than they were sitting at their desks. If so, the problem solvers could withhold their dreaming until safely out of sight on a walk, thereby avoiding speculation about loafing on the job. Physical exercise as a reason for avoiding real work is usually easier to justify than staring at the ceiling in full view of other hard-working colleagues.
The trend toward remote work raises an interesting question. On the one hand, a less hectic work environment at remote locations should lead to more employee creativity and problem solving as employees are better able to find their quiet times to think. On the other hand, the absence of continuous observation by peers and superiors may lead to more true loafing where daydreaming is simply daydreaming. The outcomes will obviously vary by individual, but the greater opportunity to engage in unobserved thinking - either at a desk or on a walk - may emerge as the more frequent practice.
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A Brief Tribute to a Remarkable Person
Lissa Landy, a classroom and online instructor for 16 years with Shockproof! Training, passed away suddenly and quite unexpectedly in late February. All of us who worked with her over those years had the greatest respect, admiration, and affection for Lissa, who approached each teaching opportunity with a sense of great responsibility and dedication to the task at hand.
Since 2010, when Shockproof! Training began to emphasize live online webinars, Lissa conducted roughly 644 online single-topic webinars and individual sessions in various Credit College Courses. She reached more than 22,000 participants in those webinars and sessions. Although she focused primarily on Accounting Essentials, Credit Basics, and Commercial Business Underwriting, her favorite was always Accounting Essentials - the language of business and a very difficult topic to address and properly clarify. But she prevailed and was superb, as always, in her delivery, explanations, and clarifications drawing on her background and experience in commercial banking and public accounting.
We shall all miss her greatly.
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