Question
Which of the following is most likely to be deemed a partnership and why? (a) John and David start a business selling ducks. David is
Which of the following is most likely to be deemed a partnership and why?
(a) John and David start a business selling ducks. David is an excellent duck farmer and John is a superb duck salesperson. They agree that they will share the gross proceeds from sales on a 50/50 basis. David will be responsible for his costs associated with breeding the ducks and John will be responsible for his costs associated with selling the ducks.
(b) Paul is a plumber. He owns all his equipment in his own name and runs the business in his name. Paul employs Matt and pays him $500 per week plus a bonus of $150 per week if clients are billed more than $5000 for the week.
(c) Richard and Alexandra agree to start a restaurant business called "Sweet James". They agree that Richard (who is a chef) will receive 60% of the net proceeds and Alexandra will receive 40%. While they have not yet opened the restaurant, they have located suitable premises and are in the process of remodelling it for the business.
(d) Louise holds a business in trust for George and Peppa. Pursuant to the trust agreement, Louise is required to distribute the net profits of the business to George and Peppa in equal shares on the last day of each financial year.
(e) Christie registers a company called Christie Pty Ltd to conduct a stockbroking business. Pursuant to the terms of the constitution, the company is required to pay a dividend every year to the shareholders in an amount equal to the net profits generated by the company that year.
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