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Yotaxman(Initiate)Initiate
12 Feb 2021

Hi,

Can a partnership amend thier agreement each year?

an accountantant had recommended a mom & pop partnership to amend it each year to change the profit distribution % ; so that they minimise overall tax payments.

thanks

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1,233 views
2 replies

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Bruce4Tax(Taxicorn)Taxicorn
ATO Certified Response12 Feb 2021

Can a partnership amend thier agreement each year?

an accountantant had recommended a mom & pop partnership to amend it each year to change the profit distribution % ; so that they minimise overall tax payments.

Looks like Part IVA = scheme to reduce tax without any commercial rationale.

The right way to do this is for partners to declare partner salaries each year - as long as they can justify this by reference to the efforts of each partner.

https://www.ato.gov.au/law/view/document?DocID=TXR/TR20057/NAT/ATO/00001&PiT=99991231235958

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Most helpful replyATO Certified Response

Bruce4Tax(Taxicorn)Taxicorn
ATO Certified Response12 Feb 2021

Can a partnership amend thier agreement each year?

an accountantant had recommended a mom & pop partnership to amend it each year to change the profit distribution % ; so that they minimise overall tax payments.

Looks like Part IVA = scheme to reduce tax without any commercial rationale.

The right way to do this is for partners to declare partner salaries each year - as long as they can justify this by reference to the efforts of each partner.

https://www.ato.gov.au/law/view/document?DocID=TXR/TR20057/NAT/ATO/00001&PiT=99991231235958

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