Partnership vs. Sole Proprietorship: Which is Best for Tax Savings?

Partnership vs. Sole Proprietorship: Which is Best for Tax Savings?

Trying to choose between a sole proprietorship and a partnership? Discover the key tax differences, benefits, and which structure can help you save more on taxes in this in-depth guide.

Partnership vs. Sole Proprietorship: Which is Best for Tax Savings?

When starting a new business, one of the most important decisions you’ll face is choosing the right business structure. For many small business owners, the decision often comes down to two popular options: sole proprietorship or partnership. Each has its own advantages, but if your primary goal is maximizing tax savings, you’ll need to dive deeper into how each structure affects your tax liability.

In this blog, we’ll break down the key differences between a sole proprietorship and a partnership, how taxes are handled in each, and which structure might offer better tax-saving opportunities based on your unique situation.

What is a Sole Proprietorship?

A sole proprietorship is the simplest and most common business structure. It’s an unincorporated business owned and operated by a single individual. There’s no legal distinction between the owner and the business, which means the owner receives all profits—and is personally responsible for all debts and liabilities.

Key features:

  • Easy to set up
  • Minimal regulatory requirements
  • Complete control by the owner
  • All income and expenses reported on the owner’s personal tax return (Form 1040, Schedule C)

What is a Partnership?

A partnership is an unincorporated business with two or more owners. Partnerships come in several forms (general partnerships, limited partnerships, limited liability partnerships), but at the core, they allow multiple people to share ownership, profits, and responsibilities.

Key features:

  • Shared ownership between two or more people
  • Pass-through taxation (income passes to partners and is taxed on their personal returns)
  • Requires a separate tax filing (Form 1065)
  • Each partner receives a Schedule K-1 showing their share of income or loss

Tax Treatment: Sole Proprietorship vs. Partnership

1. Income Reporting and Tax Filing

Sole Proprietorship:

  • All business income is reported on the owner’s Schedule C, which is filed with the personal tax return (Form 1040).
  • Net income from the business is subject to income tax and self-employment tax.

Partnership:

  • The partnership must file Form 1065, a separate informational return.
  • The partnership itself does not pay taxes; instead, each partner reports their share of income/loss on their individual returns using Schedule K-1.
  • Like sole proprietors, partners pay income tax and self-employment tax on their share of business income.

2. Self-Employment Taxes

Self-employment taxes (covering Social Security and Medicare) are a significant consideration.

  • Partners in a general partnership also pay self-employment tax on their share of ordinary income, but there are some ways to reduce self-employment taxes depending on the type of income (such as guaranteed payments vs. passive income in limited partnerships).

💡 Tax Tip: A limited partner in a limited partnership may not be subject to self-employment tax on their distributive share of income if they are not actively involved in the business.

📝Tax-Saving Opportunities: Sole Proprietorship

1) Qualified Business Income (QBI) Deduction

Sole proprietors may qualify for a 20% deduction on qualified business income under Section 199A, reducing taxable income significantly.

2) Business Deductions

All ordinary and necessary business expenses—home office, mileage, supplies, etc.—can be deducted directly from income on Schedule C.

3) Simplified Filing

No need to file a separate business tax return saves on accounting costs and complexity.

4) Health Insurance Deduction

Sole proprietors can deduct 100% of health insurance premiums (including for family) if not eligible for coverage through a spouse.

5) Retirement Contributions

Eligible to contribute to a SEP IRA, Solo 401(k), or traditional IRA to lower taxable income.

Drawbacks:

  • All profits are subject to self-employment tax.
  • No income-splitting opportunities (as everything is reported under the owner’s SSN).
  • Personal liability for business debts.

📝Tax-Saving Opportunities: Partnership

1. Income Splitting

Partners can divide income in a tax-efficient way, especially if one partner is in a lower tax bracket. Also, useful for married couples or family-run businesses.

2. QBI Deduction

Like sole proprietors, partners may qualify for the 20% QBI deduction, based on their share of qualified business income.

3. Deductible Business Expenses

The partnership can deduct ordinary and necessary business expenses before distributing profits.

4. Guaranteed Payments

Partners can receive guaranteed payments (similar to a salary) that are deductible by the partnership, reducing the business’s taxable income. However, guaranteed payments are subject to self-employment tax.

5. Flexibility in Allocating Profits and Losses

Partnerships can allocate profits and losses disproportionately (based on a partnership agreement), which may help manage tax liability across partners.

6. Retirement and Health Benefits

Like sole proprietors, partners can set up retirement accounts and deduct health insurance premiums.

Drawbacks:

  • Requires a separate return (Form 1065), which may involve higher accounting fees.
  • More complex recordkeeping and compliance.
  • Potential disagreements or complications between partners.

Real-Life Tax Comparison Example

Let’s look at a basic example to compare the tax impact for a sole proprietor and a two-person partnership.

Scenario:

  • Business earns $100,000 net income.
  • No employees.
  • All income is ordinary and eligible for QBI deduction.

Sole Proprietor:

  • $100,000 business income
  • QBI deduction: $20,000
  • Taxable income: $80,000
  • Self-employment tax: ~$14,130
  • Total taxes owed depend on personal tax bracket

Partnership (50/50 Split):

  • Each partner gets $50,000
  • QBI deduction: $10,000 per partner
  • Taxable income: $40,000 each
  • Self-employment tax per partner: ~$7,065
  • Total taxes owed: potentially less overall depending on each partner’s tax bracket

In this example, the partnership allows income to be split between two people, potentially lowering the tax burden if one or both are in lower brackets. However, total self-employment tax remains the same ($14,130), just split in half.

Which is Better for Tax Savings?

The answer depends on your business income, long-term goals, and personal financial situation. Here's a general breakdown:

Sole Proprietorship May Be Better If:

  • You’re starting out solo with relatively low income.
  • You want simplicity and fewer filing requirements.
  • You’re eligible for the full QBI deduction.
  • You want to minimize accounting costs.
  • You don’t need to split income with a partner.

Partnership May Be Better If:

  • You have (or want) a trusted business partner.
  • One partner is in a lower tax bracket (income splitting opportunity)
  • You want flexibility in allocating profits and losses.
  • You can benefit from shared expenses and liability.
  • You’re considering expanding and want to plan for more complex structures later.

Other Tax Strategies to Consider:

Regardless of structure, here are a few extra ways to lower your tax bill:

  • Hire family members and pay reasonable wages to shift income.
  • Track all deductible expenses, including mileage, travel, software, home office, and supplies.
  • Set up a retirement plan like a SEP IRA or Solo 401(k).
  • Reinvest in the business to reduce taxable profits.

Final Thoughts

When it comes to partnership vs. sole proprietorship, there’s no one-size-fits-all answer. While both offer pass-through taxation and the QBI deduction, partnerships allow for more income-splitting and flexibility—making them potentially more tax-efficient in certain scenarios. On the other hand, sole proprietorships are ideal for solo entrepreneurs looking for ease and control.

If you’re trying to decide, ask yourself:

  • Will I have a partner?
  • Do I need income splitting?
  • How much profit will I make?
  • Do I want a simple or flexible structure?
  • Am I willing to pay extra for tax filing and legal agreements?

💡 Tip: Consider starting as a sole proprietorship and later converting to a partnership or LLC as the business grows and becomes more complex.

Need Help Deciding?

Every business is unique, and the tax code is full of hidden pitfalls and opportunities. If you want to make sure you're set up for maximum tax savings, working with a tax advisor or accountant is the best step forward.

Let’s make your business work for you—not against your wallet.

Frequently Asked Questions (FAQs)

1. Which is more tax-efficient: a sole proprietorship or a partnership?

It depends on your specific situation. Sole proprietorships are simpler and may be more tax-efficient for individuals with modest income and no partners. Partnerships, however, offer income-splitting and more flexible profit allocation, which can reduce the overall tax burden when partners are in different tax brackets. Both structures qualify for the QBI deduction, but partnerships offer more flexibility in tax planning.

2. Do both sole proprietors and partners qualify for the QBI deduction?

Yes, both sole proprietors and partners may qualify for the Qualified Business Income (QBI) deduction under Section 199A, allowing them to deduct up to 20% of qualified business income. Eligibility and the amount of the deduction depend on factors like total taxable income, the type of business, and whether the owner is active in the business.

3. How is self-employment tax calculated for sole proprietors vs. partners?

Sole proprietors pay self-employment tax (15.3%) on their net business income reported on Schedule C. Partners in a general partnership also pay self-employment tax on their share of ordinary income reported on Schedule K-1. Limited partners, however, may be exempt from self-employment tax on their distributive share if they are not actively involved in the business.

4. Can I switch from a sole proprietorship to a partnership later on?

Yes, you can transition from a sole proprietorship to a partnership at any time by bringing on one or more partners and drafting a partnership agreement. You’ll need to register the new partnership with the IRS and local authorities, obtain a new EIN, and file taxes accordingly starting that tax year.

5. What tax forms do I need to file as a sole proprietor or as a partner in a business?

Sole proprietors file Schedule C with their personal tax return (Form 1040). They may also need to file Schedule SE for self-employment tax.

Partnerships must file Form 1065 (U.S. Return of Partnership Income) and issue Schedule K-1 to each partner, who then reports that income on their individual tax return.

I hope this information was helpful! If you have any questions, feel free to reach out to us here. I’d be happy to chat with you. 

Vincere Tax can help you with the tax implications of business taxes, stocks, bonds, ETFs, cryptocurrency, rental property income, and other investments. 

Being audited is comparable to being struck by lightning. You don't want to practice pole vaulting in a thunderstorm just because it's unlikely. Making sure your books are accurate and your taxes are filed on time is one of the best ways to keep your head down during tax season. Check out Vincere's take on tax season!

Connect with Josh

Friends don’t let friends do their own taxes. Share this article! 

This post is just for informational purposes and is not meant to be legal, business, or tax advice. Regarding the matters discussed in this post, each individual should consult his or her own attorney, business advisor, or tax advisor. Vincere accepts no responsibility for actions taken in reliance on the information contained in this document.

The best source of information on tax

For business tax planning articles, our tax resources provides valuable insights into how you can reduce your tax liability now, and in the future.

Business Tax Planning

Partnership vs. Sole Proprietorship: Which is Best for Tax Savings?

read more
Business Tax Planning

Navigating S-Corp Taxes: How to Stay Compliant and Save Money

read more
Business Tax Planning

Filing Business Taxes for an LLC for the First Time: A Step-by-Step Guide

read more

Contact Vincere Tax And Start Saving Money With Your Taxes.

Our friendly and professional team is ready to service you. Let us help you to minimize your tax burden and save money.

Talk with an Expert
Vincere Tax - Tax Reviews and Tax Planning