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I. Pre Start-up/Assessing Your Business Idea II. Starting Your Business/Keeping Records III. Guidance for Special Types of Businesses IV. Hiring Employees V. Preparing Your Tax Return(s) and Information Returns VI.  Filing Your Returns and Paying Taxes - Including Electronic Options VII.  Post-Filing Issues VIII. Other Tax Issues of Interest IX. Index of Business Forms and Publications Including: Highlights of the New Tax Law Changes X. Changing Your Business or Getting Out of Business XI. Alerts and Tutorials XII. Directory of Internet and Other Resources
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Guidance for Special Types of Businesses
Special Rules for Certain Business Structures

Special Provisions for Partnerships


Organizations Classified as Partnerships. An unincorporated organizationwith two or more members is generally classified as a partnership for federal tax purposesif its members carry on a trade, business, financial operation, or venture and divide itsprofits. However, a joint undertaking merely to share expenses is not a partnership. Forexample, co-ownership of property maintained and rented or leased is not a partnershipunless the co-owners provide services to the tenants.

zimmer VoruThe rules you must use to determine whether an organization isclassified as a partnership changed for organizations formed after 1996.

Organizations formed after 1996. An organizationformed after 1996 is classified as a partnership for federal tax purposes if it has two ormore members and it is none of the following.

  • An organization formed under a federal or state law that refers to it as a corporation, body corporate, or body politic.
  • An organization formed under a state law that refers to it as a joint-stock company or joint-stock association.
  • An insurance company.
  • Certain banks.
  • An organization wholly owned by a state or local government.
  • An organization specifically required to be taxed as a corporation by the Internal Revenue Code (for example, certain publicly traded partnerships).
  • Certain foreign organizations.
  • A tax-exempt organization.
  • A real estate investment trust.
  • An organization classified as a trust under section 301.7701-4 of the regulations or otherwise subject to special treatment under the Internal Revenue Code.
  • discount hotels in CoimbraAny other organization that elects to be classified as a corporation by filing Form 8832.

For more information, see the instructions for Form 8832.

Organizations formed before 1997. An organizationformed before 1997 and classified as a partnership under the old rules will generallycontinue to be classified as a partnership as long as the organization has at least twomembers and does not elect to be classified as a corporation by filing Form 8832.


Important References

Publication 541         Partnerships
Publication 553         Highlights of The 1999 Tax Law Changes

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