Basics of Partnership in India
Features:
a. Partnership deed may be written or oral.
b. There should be atleast 2 partners to form a partnership.
c. Every partner act as an agent of another partner.
d. It has no legal entity, if partnership is not registered.
e. Partnership business can be carried on by all the partners or any one of them for all.
f. Every partner contributes his Share Capital.
g. Liability of each partner is unlimited.
h. It can be registered or unregistered partnership firm.
Advantages:
a. Simple Formation
A partnership is easy to form without much complex legal formalities and requires very little paperwork. A partnership may be formed through an oral agreement, although a written registered agreement is easier to prove in court.
b. Sufficient Capital
A partnership firm has two or more partners, the ability to raise funds is more because all partners may contribute more funds and their borrowing capacity may be greater. So in simple term, more partner more fund availability.
c. Minimum Capital Requirement
As per the provision of the Indian Partnership Act, There is no such minimum capital requirement for formation of partnership. So it can be formed with Rs. 5,000 or with Rs. 5,00,00,000/-.
d. Filing of Annual Accounts
As per the provision of the Indian Partnership Act, a partnership firm is not required to file any annual accounts with the ROC or registrar of partnership firm annually.
e. Sense of Responsibility
Partners have unlimited liability, so every partner performs his duties honestly.
f. Taxation
Every partner pays tax individually. Each partner must include his business income in his personal tax return and deduct business losses on his individual tax return as well.
g. Secrecy
In partnership there is no requirement to publish annual accounts, so the business secrecy remains with the partners.
h. Minimum Alternate Tax (MAT)
There is no liability of partnership towards MAT.
i. Dissolution
Partnership business can be dissolved easily as there are no legal restrictions.