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Partnership

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Partnership

overview:

A Partnership is a business structure where two or more persons come together to run a business and share profits and losses as per an agreement.

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Description

Key Features of Partnership

Feature Details
Ownership Two or more partners (max 20 for general, 10 for banking business)
Liability Partners have joint and unlimited liability (except in LLP)
Registration Registration is optional but recommended
Taxation Partnership firm is taxed separately at a flat rate of 30% plus surcharge & cess
Management Managed by partners as per partnership deed
Profit Sharing As per the partnership agreement
Continuity Ends on death, insolvency, or retirement of a partner unless otherwise agreed

📝 Advantages of Partnership

  • Easy to form and operate with multiple owners

  • Shared responsibility and skills

  • More capital and resources than proprietorship

  • Flexibility in management and operations


⚠️ Disadvantages

  • Unlimited liability for partners

  • Potential for disputes among partners

  • Limited life of the firm (unless otherwise agreed)

  • Difficult to transfer ownership


🛠 How to Register a Partnership Firm

  1. Choose a firm name

  2. Draft a Partnership Deed (recommended) detailing rights, duties, profit sharing, etc.

  3. Register the firm with the Registrar of Firms (optional but provides legal benefits)

  4. Obtain PAN for the firm

  5. Open a current bank account in the firm’s name

  6. Apply for other registrations (GST, Import Export Code, etc.) as applicable


📄 Taxation of Partnership Firms

  • Taxed as a separate entity at 30% plus surcharge and cess

  • Partners are taxed on their share of profit in their individual returns (profits exempt from tax to partners)

  • Firms must file ITR-5 for income tax return