Generaly less costly to establish than a company or a trust
Generally less expensive than a trust or company to run
Taxpayers understands structure
Can provide some flexibility in the partnership agreement
Income splitting between partners exist
Partners can obtain 50% CGT discount
Small business CGT concessions easily obtained
Partnership losses “distributed” to partners can be offset against other income
Flexibility for CGT in that each partner can independently choose the concessions they want. Failure by one partner to satisfy the conditions will not affect the other partner
Flexibility and asset protection can be obtained by using trusts as partners
Independent parties can be admitted as partners
Trading stock and depreciable asset rollover relief available on the admission of partners
No Division 7A type problems with debit loan accounts
Disadvantages
The partners are jointly and severally liable
Generally no asset protection
New personal services income laws may attribute all income to one partner for tax purposes
Income cannot be accumulated and must be assessed at personal tax rates
Complex PAYG installment calculations
Partners cannot claim input tax credits when paying partnership expenses. Complicated reimbursement procedure must be followed so that the partnership can claim the input tax credit under Division 111 GST Act
Partners cannot be employed by the partnership for salary packaging purposes
Partners cannot claim a deduction for interest on borrowings to pay income tax, whereas, individuals and other business entities can. Refer IT 2582 and TD 2000/24
Deductions for superannuation contributions are restricted in the same manner as they are for individuals
The non-commercial loss rules apply
The substantiation rules apply to car and travel expenses