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Are we employees of the partnership?

I'm a plumber, and I'm thinking of starting a partnership with my brother in law who is a builder. How do we pay ourselves?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Partnership
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Broadly speaking, no, you are not employees of the partnership, because the partnership is not its own legal entity. Instead, partners usually receive partnership income in proportion to their contribution of capital. It reflects the partnership structure more so than a traditional 'salary'. However, partners can receive fixed 'drawings' throughout the year before the remainder of the income is split. Although these are often treated as 'wages' by the persons receiving them, they are not classified this way for tax purposes. These 'drawings' can't be claimed as a deduction from the overall partnership income in the same way that a salary would be in the sole trader scenario.

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