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Fair shares for all and a tax bill

07 February 2012 / Rob Durrant-Walker
Issue: 4340 / Categories: Comment & Analysis , Capital Gains
ROB DURRANT-WALKER looks at the capital gains implications for partners’ profits

KEY POINTS

  • Who owns the property?
  • Consequence of selling partnership property.
  • Bringing in a new partner.
  • Transferring a personal asset into the partnership.

In tweaking the profit shares of partners in the accounts that were recently prepared did you give thought as to whether you inadvertently created an immediate or future capital gains tax issue?

This article explains how that can happen but is also useful as a review of basic partnership capital gains tax issues.

Whether our opening question is problematic firstly turns on whether property is genuine partnership property or is property that happens to be owned personally by the partners but outside the partnership.

Partnership property – or not

The Partnership Act 1890 s 20 states:

‘All property and...

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