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The partnership, for instance, is considered an association of co-owners for tax purposes, and each co-owner is taxed on his or her proportional share of the partnership profits.
Persons can form a partnership by written or oral agreement, and a partnership agreement often governs the partners' relations to each other and to the partnership.
The term person generally includes individuals, corporations, and other partnerships and business associations.
The RUPA nevertheless treats the partnership in some instances as an aggregate of co-owners; for example, it retains the joint liability of partners for partnership obligations.
As a practical matter, therefore, the present-day partnership has both aggregate and entity attributes.
As the regular English courts gradually recognized the societas, the business form eventually developed into the common-law partnership.
England enacted its Partner-ship Act in 1890, and legal experts in the United States drafted a Uniform Partnership Act (UPA) in 1914. When there is a positive agreement at the commencement of the partnership, that the personal representative or heir of a partner shall succeed him in the partnership, the obligation will be considered valid.
Accordingly, some partner-ships may contain individuals as well as large corporations.
Family members may also form and operate a partnership, but courts generally look closely at the structure of a family business before recognizing it as a partnership for the benefit of the firm's creditors.
The gift of a partnership interest generally does not result in the recognition of gain or loss by the donor or the donee.
A gift is, however, subject to gift tax unless the gift qualifies for the annual gift tax exclusion or reduces the donor's lifetime gift tax applicable exclusion amount.