Business Law - Family Partnerships

This type of organization considers the transfer of property from the title of one or more individuals to that of the family.

I. Advantages over corporations

1) Simple agreement, deed of gift.

2) Eliminate ancillary probates - partnership interest is personal property.

3) Donor can retain substantial control over property being given away - Managing Partner.

4) Not taxable entity.

II. Disadvantages

1) If underlying asset continues to increase in value, donor is credited with appreciation on the returned interest.

2) Capital in partnership must be a material income - producing factor and donee must have considered the real owner otherwise donor taxed.

III. Donor should not retain control over distributions of income (but can have substantial management rights).

IV. Donee should have the power to participate in management and to receive income distributions.