How to Form a Partnership

How to Form a Partnership thumbnail
Form a Partnership

A partnership allows you to share the risks and rewards of a business venture with one or more partners.

Things You'll Need

  • EIN
  • Accountants
  • Banks
  • Business Loans
  • Legal Services
  • Business loans
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Instructions

    • 1

      Obtain all required local, state and federal licenses and permits. Contact the Small Business Administration (SBA) in your area to find out which ones you will need.

    • 2

      Register the name of the company in the county where the partnership does business, and obtain a Fictitious Business Name Certificate.

    • 3

      Get an Employer Identification Number from the IRS using Form SS-4.

    • 4

      In addition, get an ID number from the state Department of Revenue or the appropriate state office in your area. (Check with the SBA to find that office.)

    • 5

      Draft a written agreement between the partners determining a financial plan, management responsibilities, and the rights and obligations of individual partners. A written agreement is not required but can save a lot of headaches should a dispute arise. It's advisable to engage the services of an attorney in drafting this document.

    • 6

      Get help preparing tax returns, filing estimated taxes and preparing business statements until you understand them fully.

Tips & Warnings

  • Partners report profits and losses on their individual income tax returns and must pay self-employment tax.

  • General partners assume unlimited legal liability with no protection for personal assets if the business goes bankrupt.

  • Responsibility for the business actions of each individual partner is shared by all partners.

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Comments

  • mypp Aug 01, 2009
    just wondering, how long does this process usually take?
  • Elizabeth Cogswell Baskin May 01, 2009
    Great article. I particularly endorse the importance of number 5, because it's always easier to agree before there's any cause for disagreement. Entrepreneurs considering a partnership might also consider the emotional risks and rewards of having a business partner. It's great to have someone there to share the ups and downs, but it's also a relationship that takes work -- not unlike a marriage.

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