In economic practice it is sometimes necessary to organize joint business, but each of their members has an individual entrepreneur or organization represents.In this case, comes to help such a form of cooperation as a simple partnership.This entity is formed, however, the participants, as well as in the societies pooled deposits, and then strive together to achieve this goal.
clear that this formation should have its own characteristics, as in the law and in tax terms.Let us briefly discuss them.
Features
should start with the fact that a simple partnership can be formed only commercial entities or individual entrepreneurs.The relationship among the members of this community are based on a special contract.This document is very different from the usual and commercial agreements in which each party pursues his benefit, and by the founding treaties societies.Here the participants, firstly, have a common and consistent economic interest purpose, and secondly, pooled deposits without forming entity.
In addition, a simple partnership can not have an official name.If any symbolic name he still will be assigned, then its use is still nowhere.This provision applies in full measure to the partnership and printing stamps.
Management Partnership
it can be controlled in three ways:
- each participant directs the work on behalf of their comrades;
- management is conducted jointly, each time a decision is made collectively;
- management can be carried out through authorized persons acting on the basis of power of attorney.
From experience we know that the preference is usually the third embodiment, and the principle of delegation of responsibilities is usually fixed in the original agreement.However, it is possible to designate an authorized on the basis of a verbal agreement.
Termination of the contract
Naturally, the contract may be terminated.The reasons for this, there are many - from the failure to reach a fellow community target.If one goes from the party, the simple partnership may not be disbanded: Excuse me share and renegotiate the contract.If the completion of the work agreed upon by all parties, the accumulated property is divided, and on each report separately.If there is no general obligation to outsiders, it is not necessary to notify anyone.
Paying taxes
noteworthy that whatever the tax system does not use every comrade, conducting general accounting must be carried out only on the basis of a common tax regime.And considering that a simple partnership - it's still not a legal entity, the income tax paid by each participant in the formation.The very same profit, formed as a result of activities, shall be distributed in proportion to the deposits, unless otherwise specified in the contract.But the losses are not distributed and will not help to reduce the tax base.
keeping total assets and operations could lead one of the participants, but certainly - Russian legal entity.
Responsibility
most difficult question of such groups - is responsible comrades.There are two options defined by the law.If a simple partnership was created for commercial activities, then the liability will be joint and several.And the cause of the obligation does not matter.If the business purposes does not mean that everyone will be responsible for all obligations according to the size of deposits.Naturally, there can be nuance and for each embodiment.
