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Business income tax
Te take whiwhinga pakihi
Paying tax: Tax rates

Partnerships

In a partnership, two or more people run a business together. Each partner:

  • contributes something to the business, and
  • in return shares in any profit or loss, and
  • is also liable for any debt within the partnership.

How does a partnership work?

Stage Description

1

You can prepare a formal partnership agreement.

2

Limited partnerships must be registered with the Companies Office.

3

Partners share responsibility for running the business, and share the profits and losses equally, unless an agreement says otherwise.

4

The partnership distributes its income to the partners, who each pay tax on their own share.

5

The partnership itself does not pay income tax on its profits. Instead:

  • at the end of each year the net profit (without taking into account partners' drawings) is distributed between each partner

  • each partner then pays income tax on their share of the profit in their individual tax return, along with any other income they may have received.

Paying a salary or wage to a partner

If ... then you ... and they must ...

there is a bona fide contract in writing and agreed to by all partners

  • can pay a salary or wage to a partner, and
  • deduct PAYE
  • include the salary or wage in their Individual tax return (IR3) along with their share of any profit or loss from the partnership, and
  • claim the salary or wage as a deductible expense in the partnerships' Income tax return - partnerships (IR7).

Find out more

See our Employer's guide (IR335)

Reallocating payments for tax purposes

We can reallocate payments for tax purposes if we consider that any:

  • payment
  • salary or wage
  • share of profit or loss, or
  • other income paid to a relative or associated person

is unreasonable or excessive.

To consider this, we look at:

  • the nature and extent of the services provided
  • the value of the partners' contributions made by way of services or capital
  • any other relevant matters.
Note

We cannot reallocate a partners' share of income or losses if there is a bona fide contract.

 

 


Date published: 28 Mar 2008

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