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Chapter 06 · Model answers

Partnerships

Model Answers

Question 1 — Tax-law partnership

The tax definition of partnership extends to persons in receipt of income jointly, so co-owners can be treated as a tax partnership even if the general-law business test is not met. The rental activity, income and deductions must therefore be analysed through the tax partnership framework.

Question 2 — Net income

Section 90 requires a tax calculation, not an accounting-profit allocation. Non-deductible items are adjusted before partnership net income is determined. If the only adjustment is $30,000, partnership net income is $930,000. Each partner’s share is then included under s 92 according to the relevant partnership interests.

Question 3 — Partner drawings

Drawings are a cash/equity movement and do not by themselves determine the partner’s taxable share. The partner is taxed on the statutory share of partnership net income under s 92, even if cash drawings are more or less than that amount.

Question 4 — Admission of a partner

Identify whether the change creates a disposal of interests in individual business assets/goodwill, determine consideration and market value, apply CGT and any balancing/trading-stock rules, and then establish the new partnership profit/ownership interests. The mere label “admission” does not resolve the tax consequences.

Question 5 — Retirement

Analyse the retiring partner’s disposal/realisation of partnership interests, any direct asset transfers, market values, CGT/balancing consequences and how the continuing partners’ ownership/cost bases change.

Question 6 — Dissolution

Distribution in specie is not tax-neutral merely because no third party buys the property. Disposal/market-value rules can apply to the land, while each partner’s interest and any cash equalisation must be considered separately.