Can one partner be assigned 0% of profits in a family partnership?

Discussion in 'Business Accounting, Tax & Legal' started by Skyblues, 9th Nov, 2011.

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  1. Skyblues

    Skyblues Member

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    1st Jul, 2015
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    Adelaide
    Hi,
    My other thread 'Discretionary trust or family partnership with my fiance' still has not received any answers, so want to ask a quick question that will help me keep going...

    In short, can one partner be assigned 0% or 1% of profits in a family partnership? We aim to establish an importing/e-commerce business in the 1st quarter of 2012, while keeping our day jobs and my partner is a low income earner...For income distribution/taxation benefits, can you establish a family partnership and assign one partner - me 0% or 1% of profits and her 100% of the business profits - in order to distribute the income tax-effectively?

    Please see my questions about whether doing all this will be better in a Discretionary Trust in the other thread - if you will suggest a Discretionary Trust instead...

    Thanks...
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It wouldn't be much of a partnership then.
     
  3. Arman

    Arman Member

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    25th Aug, 2018
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    Location:
    Sydney
    Yes you can assign 1 partner 0% or 1%, but it may look suss if you change the percentage from year to year.

    I would suggest establishing a discretionary trust with yourself as the trustee. There is only a one-off cost of a few hundred $$ and no yearly fees (if you use a company as a trustee then there will be an annual company fee). With a trust it's definitely possible to vary the profit distributions each year.

    Hope this helps.